New Roads and Street Works Act 1991: Code of Practice for the Co-ordination of Works in Roads

Chapter 5 Works Categories and Notice Requirements

5.1 Works Notices and Notice Periods

5.1.1 This Chapter describes the information to be entered on the SRWR at various points in time and should be read in conjunction with the diagrams contained in Appendix D. It identifies the special requirements for emergency and urgent works and covers the full spectrum of work categories from minor works to major works where a minimum of three months' notice of starting date is required.

The noticing procedure has been developed to ensure, as far as is possible, that undertakers and road works authorities enter the same range of details for their works.

5.1.2 Before an undertaker commences work for the first time in any particular road works authority's area, that undertaker must contact that road works authority prior to serving its first notification.

5.2 Definition for each Works Category

5.2.1 Table 5.1 provides a definition for each works category used in Scotland.

5.2.2 Notwithstanding the definitions given in Table 5.1, the following guidance provides additional clarification regarding the work categories.

5.2.3 Emergency Works

(i) The term also includes works not falling within that definition which cannot be severed from those that do, such as road works not at the emergency site that are necessary to shut off or divert a supply. Remedial works to dangerous defective reinstatements are emergency works (see paragraph 5.6.2).

(ii) Bar holes used to detect gas leaks do not count as excavations and reinstatements for the purposes of noticing. However, they do require to be reinstated in compliance with the Specification for Reinstatement of Opening in Roads.

(iii) The onus of proving the existence of an emergency always lies with the works promoter.

(iv) Emergency works may be large jobs involving considerable disruption. When this occurs the public expects as much warning as possible so that appropriate avoiding action may be taken. Works promoters should, wherever practicable, in addition to giving the formal notice, inform the road works authority and if necessary the police by telephone of the emergency, as soon as the extent becomes apparent.

(v) In the case of large-scale emergency works, road works authorities should provide undertakers with details of officers who can be contacted by telephone, including those available for out-of-hours contact.

5.2.4 Urgent Works

(i) It is essential that works promoters use this provision responsibly. It is equally important that road works authorities recognise the needs of undertaker customers and the impact that a loss of supply can have on key institutions and organisations. This provision will prove particularly useful where an undertaker fears that persons or property may be endangered if immediate action is not taken, e.g. in places of public assembly. Under normal circumstances it would be expected that urgent works would be commenced as soon as is reasonably practicable and in any event within hours of the need being identified.

(ii) In addition, significant leaks from water pipes may be designated as urgent where the undertaker considers that the leak could:

cause damage to the structure of the road;
cause damage to the apparatus of other undertakers; or
compromise the safety of road users.

5.2.5 Major Works

(i) This notice provides an opportunity for the road works authority to consider the implications of all proposals for road works which are likely to have a major impact upon:

traffic
the structure of the road or the apparatus, or
proposals of other works promoters

and where there is greater need to co-ordinate the proposed works with those of other undertakers and the road works authority themselves. Such works are more likely to give rise to the need for road closures and diversions.

(ii) In the case of major works, by definition, the works promoter, in formulating its proposals, will have made them known to, and discussed them and their programming with, the road works authority and other interested parties. Notwithstanding that the minimum requirement is for three months' notice, details of major works should be entered on to the SRWR at the earliest possible opportunity. Provision of this advance information will reduce the likelihood of programme changes being required at a later date although the timings and extent of the road works can be altered, in agreement with the road works authority.

(iii)This enables proposals from work promoters to be discussed at the regular co-ordination group meetings described in Chapter 2. They may even give rise to the need for a special meeting of the group.

(iv) In cases where diversionary works are involved, all relevant authorities and undertakers must comply with the requirements of the Code of Practice for Measures Necessary where Apparatus is affected by Major Works (Diversionary Works) and HAUC(UK) Advice Note No 2010/1 Diversionary Works. Paragraph 2.8.1 highlights the need for works to be entered on to the SRWR at the earliest possible date if proper planning of road works is to occur.

(v) In some extremely limited cases, because of factors affecting national security, the works promoter may not be able to give more than the minimum notice of their proposals. They should however, in these circumstances consider taking the road works authority into their confidence at the earliest possible date.

5.2.6 Minor Works (Mobile & Short Duration)

(i) Mobile and short duration works are referred to in the Safety at Street Works and Road Works Code of Practice, and all necessary signing, lighting and guarding must be applied.

(ii) Mobile and short duration works shall be stopped and cleared away where directed by the local road works authority or police if deemed to be causing an obstruction.

Works Category	Definition
Emergency (Including Remedial - Dangerous)	Emergency works means works whose execution at the time when they are executed is required in order to put an end to, or to prevent the occurrence of, circumstances then existing or imminent (or which the person responsible for the works believes on reasonable grounds to be existing or imminent) which are likely to cause danger to persons or property. Where works comprise items some of which fall within the preceding definition, the expression "emergency works" shall be taken to include such of the items as do not fall within that definition as cannot reasonably be severed from those that do.
Urgent	These are works which fall short of emergency works as defined in NRSWA, but are of sufficient urgency to warrant immediate action either to prevent further deterioration of an existing situation or to avoid an undertaker breaching a statutory obligation. "urgent works" means: (a) road works (not being emergency works) whose execution at the time they are executed is required (or which the person responsible for the works believes on reasonable grounds to be required): to prevent or put an end to an unplanned interruption of any supply or service provided by the undertaker; to avoid substantial loss to the undertaker in relation to an existing service; or to reconnect supplies or services where the undertaker would be under a civil or criminal liability if the reconnection is delayed until after the expiration of the normal notice period, and include works that cannot reasonably be severed from such works: and (b) works for road purposes (not being emergency works) whose execution at the time they are executed is required (or which the person responsible for the works believes on reasonable grounds to be required) to prevent or put an end to an unplanned obstruction of any part of the road and includes works that cannot reasonably be severed from such works.
Minor Works	To qualify as minor works the works must: (a) not be emergency or urgent works, and (b) not be of a planned duration of more than 3 days, and (c) not form part of a rolling programme, and (d) not involve at any one time more than 30 metres of works or 20 square metres of reinstatement, or leave less than the minimum width of carriageway necessary for one-way traffic in accordance with the Code of Practice for Safety at Street Works and Road Works.
Minor Works (Without Excavation)	Where a works promoter proposes to execute minor works (as defined above) in a road which is not traffic sensitive, no notice is required in the case of: (a) minor works not involving breaking up the road. This could include works at manholes and chambers, operating valves or works of a similar nature: or (b) the replacement of poles, lamps, columns and signs, pole testing and similar works involving minimal breaking up of the road.
Minor Works (Mobile & Short Duration)	Mobile and Short Duration Works are continuous mobile operations, as well as those which involve movement with periodic stops and short duration static works. It also includes minor works (as defined above) which do not include excavation, and pothole repairs of less than one square metre, involving the use of a single vehicle or a small number of vehicles. Mobile and short duration working shall cover all works at any specific location where the work involved takes no longer than 30 minutes in total, including setting up and clearing away all signing, lighting, guarding and spoil.
Remedial Works (Non-Dangerous)	Remedial works are works in a road required to repair a defect which has developed on a road reinstatement.
Standard Works	These are road works which are not emergency works, urgent works, minor works or major works.
Major Works	Major Works means road works by a works promoter (other than minor works): which have been identified specifically in the Works Promoter's annual operating programme or which, if not specifically identified in that programme, are normally planned at least six months in advance of work commencing; where an order is required under section 14 of the Road Traffic Regulation Act 1984 for any works other than emergency works; other than emergency works and urgent works, in a multi lane road (more than one lane in each direction) that is traffic sensitive where one or more lanes are closed to enable the works to take place; or other than emergency works, which have a duration in excess of 10 days and for which traffic control is required for three or more of those days, in accordance with the Code of Practice "Safety at Street Works and Road Works".
Substantial Works For Road Purposes	Substantial works means works for road purposes which comprise a reconstruction, widening, alteration in the level, resurfacing or specialist non skid surface dressing of the part of the road concerned and- (a) if executed in a footpath, footway, bridleway or cycle track, extend for more than 30 metres of continuous length and result in the width of the footpath, footway, bridleway or cycle track available for pedestrians, cyclists, or others having right to use the way as the case may be, being reduced by more than two thirds; or (b )if carried out in the carriageway, extend for more than 30 metres of continuous length and result in the use by vehicles of the carriageway being prohibited or the width of the carriageway available for vehicular traffic being reduced by more than one third.

Table 5.1: Definitions For Each Works Category

5.3 Minimum Notice Periods for each Works Category Noticing

5.3.1 Tables 5.2 and 5.3 show the minimum notice requirements in relation to the various work categories.

Table 5.2: Minimum Notice Periods - Non Traffic Sensitive Situations
	Advance Notice	Notice of Expected Starting Date	Actual Start Notice	Works Closed/Clear Notice	Site Reinstatement Details Notice (Undertakers only)
Emergency (including remedial dangerous)			Within 2 hours of work starting	By 16.30 the next day	Within 5 days of reinstatement of Site
Urgent			Within 2 hours of work starting	By 16.30 the next day	Within 5 days of reinstatement of Site
Minor Works (without excavation)
Minor Works (mobile & short duration)
Minor Works (with excavation)		24 hour notice - by noon on the day before	By noon the following day after works commence	By 16.30 the next day	Within 5 days of reinstatement of Site
Remedial Works (non-dangerous)		24 hour notice - by noon on the day before	By noon the following day after works commence	By 16.30 the next day	Within 5 days of reinstatement of Site
Standard Works		7 days notice	By noon the following day after works commence	By 16.30 the next day	Within 5 days of reinstatement of Site
Major Works	Three months notice	7 days notice	By noon the following day after works commence	By 16.30 the next day	Within 5 days of reinstatement of Site
Substantial Works for Road Purposes	Three months notice	7 days notice	By noon the following day after works commence	By 16.30 the next day

Notes

1. Greyed out boxes indicate that no notice is required.

2. 'Works Closed' indicates a permanent reinstatement and 'Works Clear' indicates a temporary reinstatement.

3. In this Code of Practice 'day' means 'working day'. A full definition can be found in Appendix A.

4. An early start procedure is available. The details can be found at paragraph 5.9.

5. 'Site Reinstatement Details Notice' is a 'Registration Notice' within SRWR.

Table 5.3: Minimum Notice Periods - Traffic Sensitive Situations
	Advance Notice	Notice of Expected Starting Date	Actual Start Notice	Works Closed/Clear Notice	Site Reinstatement Details Notice (undertakers only)
Emergency (including remedial dangerous)			Within 2 hours of work starting	By 16.30 the next day	Within 5 days of reinstatement of Site
Urgent			At least 2 hours in advance of work starting	By 16.30 the next day	Within 5 days of reinstatement of Site
Minor Works (without excavation)		3 days notice	By noon the following day after works commence	By 16.30 the next day	Within 5 days of reinstatement of Site
Minor Works (mobile & short duration)		3 days notice	By noon the following day after works commence	By 16.30 the next day	Within 5 days of reinstatement of Site
Minor Works (with excavation)	One month notice	7 days notice	By noon the following day after works commence	By 16.30 the next day	Within 5 days of reinstatement of Site
Remedial Works (non-dangerous)		3 days notice	By noon the following day after works commence	By 16.30 the next day	Within 5 days of reinstatement of Site
Standard Works	One month notice	7 days notice	By noon the following day after works commence	By 16.30 the next day	Within 5 days of reinstatement of Site
Major Works	Three months notice	7 days notice	By noon the following day after works commence	By 16.30 the next day	Within 5 days of reinstatement of Site
Substantial Works for Road Purposes	Three months notice	7 days notice	By noon the following day after works commence	By 16.30 the next day

Notes

1. Greyed out boxes indicate that no notice is required.

2. 'Works Closed' indicates a permanent reinstatement and 'Works Clear' indicates a temporary reinstatement.

3. In this Code of Practice 'day' means 'working day'. A full definition can be found in Appendix A.

4. An early start procedure is available. The details can be found at paragrph 5.9.

5. 'Site Reinstatement Details Notice' is a 'Registration Notice' within SRWR.

5.3.2 Although Tables 5.2 and 5.3 set out the minimum notice periods, there are other factors such the need for traffic regulation orders which will affect the lead-in time for works. The notice for any work is determined by a combination of the nature of the work involved, its duration, the traffic management requirements and whether or not it is to take place on a traffic sensitive road.

5.3.3 The noticing procedure performs the following four functions:

Co-ordination. Noticing is a vital component of the co-ordination process. This is particularly important in the case of notices for works on traffic sensitive roads and for major works. It allows works promoters to plan their works knowing what other works are planned by other promoters. It provides an opportunity for the road works authority to consider the possible impact of works and discuss with the works promoter. The road works authority can then influence the hours of work, if necessary, by a direction under section 115 of NRSWA.
Emergency and Urgent Works. These can prompt the emergency procedures of other organisations. e.g. in an emergency to make the road works authority aware of actual or potential disruption to traffic so that they can take appropriate action such as giving traffic information to the police and other interested parties;
Inspection Regime. The inspection regime is triggered by notices; and
Records of Reinstatements. Notices set the dates for the guarantee periods as described in the Specification for the Reinstatement of Openings in Roads.

5.4 Notice Types and Timing Issues

The following notices are required for co-ordination purposes and shall be submitted by both undertakers and road works authorities (except where stated):

Potential Works

Potential Works Notices are non statutory notices which can be entered on to the Scottish Road Works Register (SRWR) which has been set up to allow such Potential Works Notices to be entered, both with and without dates. This allows the Potential Works functionality to be used in two separate and distinct ways as described as follows:

(i) Provisional Potential Works Notices

In this case, Potential Works Notices can be entered with no dates and will allow the SRWR to be used as a works scheduling tool. This will allow notices to be entered which can be called up at an appropriate point when required and converted into actual notices with dates included. Such notices will not appear on the task summary lists of other organisations and cannot be used for co-ordination purposes.

(ii) Co-ordination Potential Works Notices

In this case, Potential Works Notices for major works can be entered, but they must show expected start and end dates. The use of a Co-ordination Potential Works Notice implies that the dates entered will be a "best estimate" and will almost certainly require to be revised later. At this stage the accuracy of the dates is not important, the objective is to ensure that the wider road works community is aware that works are proposed and has a reasonable indication as to when the works might be undertaken.

When a works promoter becomes reasonably confident as to the dates when the works will be undertaken, then the Potential Works Notice should be converted into a statutory Advance Works Notice.

The use of dates allows the Potential Works Notices to become visible to all users and available on the reports used at Local RAUC Co-ordination meetings, enabling more effective forward planning.

5.4.2 Advance Notice of Certain Works

(i) 3 Month and 1 Month Advance Notice of Works - this only applies to certain prescribed cases, i.e. major works and, in traffic sensitive situations, both standard works and minor works involving excavations. These must be issued for all works which meet the criteria.

Timing - These notices are based on calendar months, not working days. Although the notice period is measured in calendar months, the rule that a notice issued after 16:30 on a working day is counted as being issued on the next working day applies to all notices, not just those that had a notice period in working days (see Section 157 of NRSWA).

So, the earliest start date for a one month notice issued before 16:30 on 4 November would be 4 December. However, a one month notice issued after 16:30 on Tuesday 4 November counts as if it were issued on Wednesday 5 November and the earliest start date would be 5 December.

Best practice is that the expected starting date should be the best possible estimate and that it should be updated within SRWR as soon as any change is known so that the road works authority is informed.

To ensure effective co-ordination, where an expected start date on a notice in SRWR is 3 months past that date, then the notice will automatically acquire expired status. This should not be confused with the validity periods described at paragraph 5.4.9.

5.4.3 Substantial Works for Road Purposes - Notices for works where a section 117 restriction is proposed should follow the same noticing rules as for Major Works and should thereafter follow the same rules as for expected start date, actual start date and work closed notices.

5.4.4 Notice of Expected Starting Date - this must specify the expected start and completion dates and work must commence within a specified period.

(i) 7 Day Notice of Expected Starting Date of Works - is a notice which must be issued a minimum of 7 working days prior to the expected starting date of the works.

Timing - The definition of a day as a working day is given at Appendix A. A notice that is issued on a non-working day counts the same as a notice issued after 16:30 on the preceding working day e.g. any notices issued after 16:30 on a Friday or on the Saturday or Sunday count as if they were issued on the following Monday (before 16:30 that day is counted as the first working day for the purposes of the calculation).

Similarly, works submitted with an expected start date on a non-working day must have been submitted at least 7 working days in advance. For example, works planned for Sunday the 21^st (or for Saturday the 20^th) would have to have a notice issued no later than 16:30 on Thursday the 11^th, i.e. valid to commence on Monday the 22^nd.

Calendar

The dates 11^th, 12^th, 15^th, 16^th, 17^th, 18^th & 19^th represent the seven working days.

(ii) 3 Day Notice of Expected Starting Date of Works - is a notice which must be issued a minimum of 3 working days prior to the expected start date of the works.

Timing - The same general rules set out above for 7 day notices apply to 3 day notices.

(iii) 24 Hour Notice of Expected Starting Date of Works - is a notice which must be issued by 12:00 (Noon) on the working day before the expected start date.

Timing - Any work planned to commence on a Saturday, Sunday or Monday must be lodged by 12:00 (Noon) on the preceding Friday.

Note - When entering a notice of expected starting date of works the works promoter should be aware of the type of traffic management proposed to be used and this should be included within the notice. "Not Yet Known" should not be used. Such use will be monitored by the Commissioner.

5.4.5 Actual Start Notice - should be issued as soon as possible but no later than 12:00 (Noon) the following day after works commence in all situations requiring a Notice of Expected Starting Date.

This notice is required as the existing notice only provides an expected start date. Although the works cannot commence before the expected start date without the road works authority approval, they may begin at any time during the validity period. Details of validity periods can be found at paragraph 5.4.9.

5.4.6 Urgent and Emergency Notices - for urgent and emergency works, the following actual start notices must be issued:

(i) 2 Hour Notice of Starting Date of Works - this refers to urgent works in traffic sensitive locations and must be issued at least 2 hours prior to the works commencing.

Timing - For works being undertaken on non-working days and where the road authority and undertakers have not established out-of-hours arrangement for notices, the undertaker shall give formal notice within 2 hours of the start of the following working day i.e. by no later than 10:00. Given that a working day is deemed to be finished at 16:30 and given the 2 hour advance notice period, any urgent works commenced after 18:30 must be lodged by 10:00 the following day. Any urgent works commenced after 18:30 on a Friday must be lodged at the latest by 10:00 on the following Monday.

(ii) 2 Hour Notice after Start of Works - this refers to emergency and urgent works in non-traffic sensitive locations and must be issued within 2 hours of the works being commenced.

Timing - For works being undertaken on non working days and where the road works authority and undertakers have not established out-of-hours arrangement for notices, the undertaker will give formal notice within 2 hours of the start of the following working day i.e. by no later than 10:00. Given that a working day is deemed to be finished at 16:30 and given the 2 hour period, any emergency or urgent works commenced after 14:30 must be lodged at the latest by 10:00 the following day. Any emergency or urgent works commenced after 14:30 on a Friday must be lodged at the latest by 10:00 on the following Monday.

Note - the 2 Hour Notice of Starting Date of Works and the 2 Hour Notice after Start of Works are deemed to be the Actual Start Notice. In other words, only one notice is required to commence the works.

5.4.7 Works Completion and Reinstatement where there is only One Site

The process is as follows:

(i) Works Clear Notice (for interim reinstatement) and Works Closed Notice (for permanent reinstatement) - shall be issued by 16:30 the next working day after reinstatement is completed.

(ii) Final Site Reinstatement Details Notice (undertakers only) - should be issued as soon as possible but no later than 5 days after the reinstatement of the 'Site' is completed. This provides the date for the guarantee period and the inspection process. The site reinstatement details notice may be issued at the same time as the works clear/closed notice if the requisite details are available. This completes the process.

5.4.8 Works Completion and Reinstatement where there is more than One Site (Undertakers Only).

The process is as follows:

(i) Site Reinstatement Details Notice - the completion date and whether interim or permanent and accurate location details may be entered by the end of the next working day after reinstatement is completed for each Site. This provides the date for the guarantee period and the inspection process. If reinstatement dimensions are available at this stage they may be included; if not they should be entered no later than 5 days after the reinstatement of the Site by adding them to the notice.

(ii) Works Clear Notice (for interim reinstatements) and Works Closed Notice (for permanent reinstatement) - shall be issued by 16:30 the next working day after the reinstatement is completed for the last Site in the notice.

(iii) Final Site Reinstatement Details Notice (undertakers only) - this Site Reinstatement details Notice (as above) should be issued when the reinstatement details for the last Site are entered which should be no later than 5 days after the reinstatement of the Site.

5.4.9 Validity Periods - Following the Issue of Notice of Expected Starting Date

5.4.9.1 Where a notice of expected starting date of works is issued under Section 114 of NRSWA there is a period from the expected start date inserted in the notice within which the works must be commenced. This is known as the validity period. The validity period for each work category is shown in Table 5.4.

5.4.9.2 There are separate rules relating to the validity period for substantial works for roads purposes which mean that such a notice ceases to be effective if the works to which it relates are not substantially begun

(i) on or within one month from the date specified in the notice, or

(ii) where road works are in progress in the part of the road to which the restriction relates on that date, within one month from the completion of those works.

5.4.9.3 Notwithstanding the validity periods shown in Table 5.4, best practice is that the expected starting date should be the best possible estimate and that it should be updated within SRWR as soon as any change is known so that the road works authority is informed.

Table 5.4: Validity Periods from the Expected Starting Date
	TRAFFIC SENSITIVE	NON TRAFFIC SENSITIVE
EMERGENCY (including remedial dangerous)
URGENT	By noon the following day	By noon the following day
MINOR WORKS (without excavation)	3 Days
MINOR WORKS (mobile & short duration)	3 Days
MINOR WORKS (with excavation)	7 Days	By noon the following day
REMEDIAL WORKS (non-dangerous)	3 Days	By noon the following day
STANDARD WORKS	7 Days	7 Days
MAJOR WORKS	7 Days	7 Days
SUBSTANTIAL WORKS FOR ROADS PURPOSES	See 5.4.9.1	See 5.4.9.1

5.4.9.4 The following diagram shows how the validity period operates for Standard Works:

validity period operates for Standard Works

If the expected starting date for the works is the 18^th then the notice of expected starting date of the works must be entered no later than the 8^th to allow the 7 day notice period. This allows the works promoter the period from the 18^th to 26^th to commence the works. Notwithstanding this, if the works programme is revised and the works require to commence later, then the expected starting date should be revised. These validity periods do not prevent the use of the late and early start procedures described at paragraph 5.9.

5.5 Reinstatement Definition

5.5.1 In relation only to section 129(3) of NRSWA, interim and permanent reinstatements of Sites have not been made good and are not complete until all spoil, unused imported materials, unused stores, plant and all signing, lighting and guarding has been removed as well as the pavement construction replaced.

5.5.2 Where the requirements of paragraph 5.5.1 have been met, but further work requires to be undertaken such as the replacement of road markings and the application of high skid resistant surfaces, the reinstatement should be marked in the SRWR as interim until such time as these works have been completed to the appropriate timescales set out in the Code of Practice - Specification for the Reinstatement of Openings in Roads.

5.5.3 Where there is a gap between the completion of the reinstatement at paragraph 5.5.1 and the application of a high skid resistance surface, there may be a requirement to place and retain skid risk signs at the location until the works are undertaken. The placing of such signs should not be seen as non compliance with paragraph 5.5.1. When such signs are deployed, the undertaker should insert an appropriate comment within the notice.

5.6 Remedial Works

Notice To Undertake Remedial Work

5.6.1 Remedial notices are required for remedial work undertaken outwith the duration of the initial notice submitted for the works. Remedial notices are not required for Signing, Lighting and Guarding defects.

Remedial Repairs of Dangerous Reinstatement

5.6.2 Remedial work required to repair a dangerous reinstatement comes under the definition of emergency.

Remedial Repairs to Non Dangerous Reinstatements

5.6.3 Remedial work required to repair a non dangerous reinstatement should be noticed as for any other works.

5.6.4 Where a previously non dangerous reinstatement deteriorates to a dangerous level, the requirements of paragraph 5.6.2 should be followed, regardless of the inspection history of the reinstatement.

Notice Limitations

5.6.5 As remedial notices can only be used to make good works already undertaken, this type of notice cannot be used to undertake new works.

Remedial Works to Works Still in Progress

5.6.6 If the works are ongoing under a current notice with valid dates, no new notice is required provided that all of the proposed remedial works are within the scope of the initial proposed works. The remedial work can be recorded via a comment on the notice.

5.7 Other Notice Types and General Noticing Issues

5.7.1 Other types of notice include:

(i) Damage Notice - to be issued by the end of the next working day when damage to plant is either discovered or sustained during excavations.

(ii) Resurfacing Notice - further details can be found in Chapter 6.

(iii) Restrictions Following Substantial Works - further details can be found in Chapter 6.

(iv) Qualification Notice - to be issued when the road works authority is unable to view a qualification card on site (not yet enacted).

(v) Notice to Mitigate or Discontinue an Obstruction - further details can be found in Chapter 8.

5.7.2 For the avoidance of doubt, a notice may only refer to one road or section of road.

5.7.3 It is important that the information contained in notices is accurate and provides as much information as is available at the time at which the notice is entered on to SRWR, subject to the minimum requirements contained in paragraph 5.9. The notice periods referred to in this Code are to be treated as minimum periods. To aid co-ordination, longer notice periods should be given wherever reasonably practicable.

5.7.4 In giving notice, works promoters should bear in mind the time required, in some cases, for:

(i) formal road closure action;
(ii) application for portable traffic signals (see RAUC(S) Advice Note 8);
(iii) scaffold permission; and
(iv) consultation with relevant authorities, etc.

5.8 Information Required Enabling a Notice to be Recorded Correctly on SRWR

5.8.1 The following is considered the minimum information required to be contained in a valid notice:

(i) Reference Number - SRWR provides a unique reference number for each notice. The works promoter may also enter their own discrete reference number.
(ii) Dates of Works - these are the expected start date and the expected completion date.
(iii) Category of Works - e.g. Standard, Major, etc
(iv) Whether the Road is Traffic Sensitive - this is automatically generated
(v) Whether the Road has Special Engineering Difficulty - this is automatically generated
(vi) Location of Works - described by the address of the nearest premises, but only where those premises are within 200 metres of the works
(vii) Co-ordinates of Works - co-ordinates must be provided for every notification as a point, line or polygon area for the works.
(viii) General Description of the Works - sufficient information is required to clearly identify the type of works being carried out.
(ix) Traffic Management Proposals - sufficient information is required to clearly identify the proposed traffic management for the works. When a notice of expected starting date is entered it will not be acceptable to insert 'not known' other than for emergency and urgent works.
(x) Contact Details - accurate contact details must be provided to allow the opportunity for contact should this be required. This should be reviewed and updated as required during the lifecycle of the notice.
(xi) Inspection Units - this is automatically generated.
(xii) Reinstatement - an accurate record of details of reinstatement, identifying specifications, dimensions, materials used and date completed.

5.8.2 The information required is to ensure that road works authorities have the ability to carry out their co-ordination and inspection functions and to ensure that the works are correctly recorded.

5.8.3 Failure to provide any part of this information correctly may prevent the co-ordination function from being carried out effectively and may result in the road works authority reasonably asking for clarification and/or further information before the works start.

5.8.4 Works of an Emergency or Urgent nature shall be submitted in good faith as being the best information available at the time of noticing. Any incorrect details should be amended as soon as possible.

5.9 Early and Late Start Consent and Works Extension Procedure

5.9.1 A procedure for Early and Late Starts and Works Extensions can be found in Appendix E. By following this procedure, additional flexibility to the noticing process is added through the introduction of procedures for early/late start consents and works extensions. This added flexibility will facilitate the improved co-ordination of works undertaken by road works authorities and undertakers.

5.9.2 The requirements to provide advance notice of works a minimum of 3 months and 1 month prior clearly highlights the policy intent of having, within the SRWR, forward programmes of all significant proposed works to aid the co-ordination of such works. Therefore, where a minimum of 3 months' and 1 month advance notice is required, it is strongly recommended as best practice that such advance notices are entered on to the SRWR at the earliest possible date. However, it is accepted that where there are unforeseen changes in circumstances and unless specific co-ordination problems are identified, there is no useful purpose in delaying works just to comply with the 3 month or 1 month notice period.

5.9.3 The following are the key issues that should be considered in the use of early/late start requests:

(i) Early/late start requests may be used to assist when revisions are required to works programmes due to unforeseen changes in circumstances.

(ii) It should be noted however that the use of the early/late start request procedure should not be the general rule.

(iii) The use of early/late start requests shall be monitored by the Scottish Road Works Commissioner to ensure that the additional flexibility to aid coordination is being used appropriately by works promoters.

5.9.4 The procedure in Appendix E is designed to allow works promoters to request that works be commenced without providing the full notice period or that the proposed start can be put back.

5.9.5 Works extensions are occasionally required due to unexpected delays whilst works are in progress. Where over-running works are proposed to extend past the notified expected completion date, a works extension notice should be submitted using the procedure set out in Appendix E.

5.10 Other Requirements

5.10.1 It is also required that licences, consents and permits allowing skips, scaffolding, materials and any other temporary obstructions on the road under the Roads (Scotland) Act 1984 as well as permissions under section 109 of NRSWA are recorded in the SRWR. All these will be recorded as Permissions and Consents.

5.10.2 Where road closures, diversions or other obstructions in accordance with the Road Traffic Regulations Act 1984 occur, these should be recorded on the SRWR. It is anticipated that this will include events such as carnivals, marathons, etc.

5.10.3 Table 5.5 sets out the timescales to be used when recording the above items on the SRWR. These timescales are not to be confused with the notice period applicable to applications for these items in the Roads (Scotland) Act 1984.

5.10.4 Road works authorities must ensure that they have satisfied their co-ordination function before the issuing of any permission.

Table 5.5: Recommended Minimum Notice Periods of Roads (Scotland) Act 1984 Functions
Categories Of Works	Non Traffic Sensitive Situations	Traffic Sensitive Situations
Section 56(1) consent for road works or excavation notice of affected statutory undertakers.	3 days notice	1 month notice
Section 56(8) notification of unlawful works removed or unlawful excavations filled in.	Within the next day	Within the next day
Section 58(1) permission for the occupation of part of a road for the deposit of materials or for the erection of staging or scaffolding projecting over part of a road.	3 days notice	1 month notice
Section 61(1) permission for the placing, leaving, retention, maintenance, repair or reinstatement of apparatus in or under a road or the breaking open of or having access to the road.	3 days notice	1 month notice
Section 85 permission for the deposit of a skip on a road for which a road works authority are responsible.	3 days notice	3 days notice
Section 86(1) become aware that a constable has, required or caused the removal or repositioning of such a skip.	Within 3 days of becoming aware	Within 3 days of becoming aware
Section 86(2) requiring the removal or repositioning of a skip deposited on a road	Within 3 days	Within 3 days
Section 87 requiring the removal of a structure from a road which a road works authority are responsible and (where considered requisite under that section) the reinstatement of the road; or Section 88 requiring the removal or alteration of a projection affecting such a road.	Within 3 days	Within 3 days
Section 90 consent for the fixing or placing of an overhead bridge, beam, rail or other apparatus along or across such a road.	3 days notice	3 days notice
Section 91 notice requiring work to be done or carried out in relation to such a road.	3 days notice	3 days notice
Section 92 consent to the planting of a tree or shrub near a carriageway or requiring its removal, where the carriageway is, or is part of, such a road.	3 days notice	3 days notice

Section 109 Permission Requirements

5.10.5 Prior to starting work, the permission holder must provide the roads authority with the exact date on which they intend to start work, This information will then be entered on to the SRWR by the road works authority.

Table 5.6:Minimum Notice Periods for Section 109 NRSWA Permission
Categories Of Works	Non Traffic Sensitive Situations	Traffic Sensitive Situations
Section 109 permission to execute road works*	7 days notice	As in Tables 5.2 & 5.3

*10 days notice is required in certain situations described in section 109(6) of NRSWA.

5.10.6 If the permission is surrendered, cancelled or withdrawn the road works authority shall close the notice on the SRWR.

5.10.7 The road works authority should ensure that all permission holders and/or their agents where applicable, are made aware of the obligations imposed by NRSWA, in relation to:

(i) safety, signing, lighting and guarding;
(ii) qualifications of operatives and supervisors;
(iii) delays and obstructions;
(iv) other undertakers' apparatus that might be affected;
(v) reinstatement requirements;
(vi) supplying the road works authority with records of installed apparatus; and
(vii) consideration for the needs of disabled people.

The road works authority should also notify the permission holder of the restrictions that apply in relation to roads subject to special controls, that the road works authority may direct times of working, restrictions that may apply under Section 117 of NRSWA, and that all inspection costs may be recovered as appropriate.

Reinstatement specifications and guarantee periods will be exactly the same as those that apply to any other undertaker of road works. All apparatus should be laid wherever possible in conformity with the latest guidance document which is available to download from the National Joint Utility Group (NJUG) website.

5.10.8 Site specific conditions should be included in the consent in order to satisfy the requirements as detailed in paragraph 5.10.7 above.

Record Keeping

5.10.9 Road works authorities are obliged to maintain a record of all road works and apparatus installed under Section 109 road works permissions that they grant. In responding to plant enquiries by undertakers, they should include plans or details of such apparatus as appropriate and this information should be recorded in the SRWR.

5.11 Noticing Procedure - Trench Sharing

5.11.1 Because trench sharing can minimise road disruption, both road works authorities and undertakers wish to encourage such working practices. However, it must be stressed that there can be no imposition of such methods of working.

5.11.2 The emphasis in such circumstances must therefore be on mutual co-operation between all interested parties in order to derive the obvious benefits for the travelling public and utility customers.

5.11.3 In the event of trench sharing, one undertaker (the primary undertaker) should take overall responsibility as the agreed point of contact with the road works authority. The other one (or more) secondary undertaker(s) will retain the same responsibility for submitting notices in accordance with NRSWA indicating the work carried out by them, or on their behalf.

5.11.4 The primary undertaker must, in the initial notice, detail the other undertakers involved and the scope of the trench sharing in the Works Description Text. All other undertakers should submit the correct notices, which must be clearly marked that "trench sharing is involved" within the Works Description Text. The secondary undertakers' notice will also indicate that their works are without excavation and therefore will not contain inspection units. The primary undertaker must also ensure that estimates of the duration of works are agreed and/or confirmed with the secondary undertaker(s) when submitting notices.

5.11.5 By local agreement it should be possible to contractually arrange that the excavating primary undertaker serves notice and carries out work on behalf of itself and others. However, it must be emphasised that such arrangements cannot remove legal liability imposed by NRSWA on individual undertakers.

5.12 Failure of the Scottish Road Works Register

Appendix F details the procedures to be followed if electronic transmission to the SRWR has failed and the road works community has been advised by the Commissioner to use this procedure.

5.13 Legal Provision for Notices

The legal provisions for notices can be found in Appendix G.