New Roads and Street Works Act 1991: Code of Practice for the Co-ordination of Works in Roads
Chapter 10 Composite Works by More than One Organisation
10.1.1 A holder of a Section 109 permission under NRSWA is defined as an undertaker for the purposes of the legislation and therefore is under a duty to co-operate with other undertakers and the road works authority that granted permission.
10.1.2 Road works carried out by undertakers exercising powers under Section 109 of NRSWA are required to be completed with due dispatch, even when a second undertaker or other organisation is involved in the works. This will often be the situation where new apparatus is laid by the Section 109 undertaker, but requires to be connected to the existing apparatus network by a second undertaker with a statutory right or other organisation. In such situations there is a need for both the Section 109 undertaker and the second undertaker or organisation to carefully co-ordinate their works to minimise the inconvenience caused to road users through limiting the duration of the road opening.
10.2.1Road works authorities issuing permission under section 109 of NRSWA should make the applicant aware of the duty to co-operate as part of the process of granting permission.
10.2.2The timing of the works will be agreed between the section 109 undertaker and the second undertaker or organisation in advance of the works having begun to enable proper programming and for inspection and connection work to follow without delay. In the event of there being a delay between the work of the section 109 undertaker being completed and the second undertaker or organisation commencing, this period should be no longer than 2 working days.
10.2.3Where the delay period before the second undertaker or organisation commences work is anticipated to be more than 2 working days and the road is designated as traffic sensitive, the works should either:
- be plated if that is appropriate; or
- reinstated and re-excavated when the second undertaker is in a position to carry out the works.
10.2.4 Where road works are considered by the road works authority not to have been completed within a reasonable period the authority may issue a notice, under Section 125 of NRSWA, requiring the undertaker to take such reasonable steps as are specified in the notice to mitigate or discontinue the obstruction. Further details are available in Chapter 8.