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STATUTORY INSTRUMENTS


2005 No. 1812 (W.142)

HIGHWAYS, WALES

Street Works (Records) (Wales) Regulations 2005

  Made 5 July 2005 
  Coming into force 1 December 2005 

The National Assembly for Wales, in exercise of the powers conferred upon the Secretary for State by sections 79 and 104(1) of the New Roads and Street Works Act 1991[1] and which are now exercisable by the National Assembly in relation to Wales[2], hereby makes the following Regulations:

Title, commencement and application
     1. —(1) The title of these Regulations is the Street Works (Records) (Wales) Regulations 2005 and they come into force on 1 December 2005.

    (2) These Regulations apply in relation to Wales.

Interpretation
    
2. In these Regulations:

and includes works which cannot reasonably be severed from such works.

Form and manner of records
    
3. —(1) Subject to regulation 5, a record of every item of apparatus belonging to an undertaker and placed in the street must be kept by that undertaker on paper, or, subject to regulation 4, in the form of an electronic record or a combination of both, and must be prepared in the form of :

    (2) Ordnance Survey County Series Mapping may only be used to record the location or route map for a period not exceeding five years from the date on which these Regulations come into force (the "transitional period"), and records made in this way must be transferred into one of the other forms prescribed by paragraph (1) by no later than the end of the transitional period.

    (3) In preparing the record, the location and route of the apparatus must be recorded so that the measured position is within 300mm of the actual position and the recorded position is within 500mm of the actual position.

Electronic Records
    
4. Where an electronic record is kept pursuant to regulation 3 above, it must be capable of being reproduced in a sufficiently legible form to comply with the duty imposed by section 79(3) of the Act (duty to make records available for inspection).

Exceptions
    
5. The duty in section 79(1) of the Act to keep a record of the location of every item of apparatus will not apply:-



Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998[
3]


D. Elis-Thomas
The Presiding Officer of the National Assembly

5 July 2005



EXPLANATORY NOTE

(This note is not part of the Regulations)


These Regulations prescribe the form of records of apparatus placed in streets to be kept by undertakers in accordance with the provisions of section 79 of the New Roads and Street Works Act 1991. These Regulations apply in relation to Wales. They provide that such records must be in the form of a location or route map or a statement of co-ordinates and may be either on paper or in the form of an electronic record or a combination of both (regulation 3). They make provisions on the use of electronic records (regulation 4). Exceptions to the duty to keep a record are prescribed in certain cases (regulation 5).


Notes:

[1] 1991 c.22.back

[2] The powers of the Secretary of State, so far as exercisable in relation to Wales, were transferred to the National Assembly for Wales by the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/ 672).back

[3] 1998 c.38back



Cymraeg (Welsh)



ISBN 0 11 091165 2


 © Crown copyright 2005

Prepared 12 July 2005


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URL: http://www.bailii.org/wales/legis/num_reg/2005/20051812e.html