# The Street Works (Inspection Fees) (England) Regulations 2022, Note: Explanatory note


(This note is not part of the Regulations)
The Street Works (Inspection Fees) (England) Regulations 2002 (“the 2002 Regulations”) (S.I. 2002/2092) were made under section 75 (inspection fees) of the New Roads and Street Works Act 1991 (c. 22) (“the 1991 Act”) and prescribed the scheme for the payment by undertakers for inspections of their works by street authorities. These Regulations revoke the 2002 Regulations (and the four subsequent sets of amending regulations) and replace them with new regulations made under section 75 as substituted by section 58(2) of the Traffic Management Act 2004 (c. 18).
These Regulations prescribe the fee for each chargeable inspection of works (which remains £50 – regulation 3(1)) and introduce a performance-based system of inspections to ensure that undertakers with poor levels of compliance will be inspected more frequently than those with high levels of compliance.
Undertakers will have either 30 per cent or 50 per cent of their works inspected in the first quarter of the financial year beginning 1st April 2023, depending on whether or not, in the previous 12-month period, their failure rate was below 15 per cent. 5 per cent of the inspections should be from each of the three inspection categories. These “inspection categories” are the same as the three “phases of works” in the 2002 Regulations and refer to inspections taking place during the works, within 6 months of reinstatement, and just before the expiry of two or three years’ following reinstatement (see regulation 3(2)(b)).
An undertaker’s inspection units will be calculated according to the duration of excavation works only (regulation 4) and the previous two years’ worth of data will be used to calculate the number of inspection units at the start of April 2023 (regulation 5(1)). An undertaker’s “failure rate” is the percentage of inspections which failed to comply with applicable Code of Practice (see regulation 6(1)). In subsequent quarters, the number of inspections an undertaker will have is adjusted in accordance with regulation 7 so that those which significantly improve their compliance will have fewer inspections, and vice versa. From 1st April 2024, and in subsequent years, three years’ worth of data will be used to calculate the number of inspection units (regulation 5(2)).
Separate provision is made for new undertakers in regulations 8 and 9.
A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sector is foreseen. An Explanatory Memorandum is published alongside the instrument on www.legislation.gov.uk.

---
Source: https://www.legislation.gov.uk/uksi/2022/830/note (the official version)
Page: https://openlegislation.uk/street-works-inspection-fees-england-regulations-2022/note
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.