New Roads and Street Works Act

Back­ground

The New Roads and Street Works Act 1991 (NRSWA) pro­vides a leg­isla­tive frame­work for street works activ­i­ties by under­tak­ers (includ­ing pub­lic util­i­ties).  The effi­cient co-ordination of street works is one of the most impor­tant aspects of street works leg­is­la­tion, ben­e­fit­ing street author­i­ties, under­tak­ers and road users alike.  The key objec­tives of NRSWA are to:

  • ensure safety
  • to min­imise incon­ve­nience to peo­ple using a street, includ­ing a spe­cific ref­er­ence to peo­ple with a disability
  • to pro­tect the struc­ture of the street and the appa­ra­tus in it.

Whilst sec­tions of the High­ways Agency’s roads are geo­graph­i­cally located within spe­cific Local High­ways Author­ity (LHA) areas, the LHAs have no respon­si­bil­ity as a High­way Author­ity or Street Author­ity for the Agency’s strate­gic road net­work (SRN). The roads that make up the SRN are shown on the net­work map.

Oper­a­tional structure

To man­age the road net­work the High­ways Agency has a num­ber of Man­ag­ing Agent Con­trac­tors (MAC) and Asset Sup­port Con­tracts (ASC) who are respon­si­ble for the roads within a given geo­graph­i­cal area. In addi­tion the High­ways Agency appoints a num­ber of Design Build Finance and Oper­ate (DBFO) or Pri­vate Finance Ini­tia­tive (PFI) con­tracts for spe­cific roads that run through a MAC area.

The High­ways Agency’s legal pow­ers and oblig­a­tion under the High­ways Act 1980 and NRSWA are devolved to these MAC / ASC /DBFO /PFI contractors.

The oper­a­tional areas and gen­eral con­tact details for each of these con­trac­tors are shown on the net­work map.

Notices

All notices under NRSWA iden­tify the street the notice relates to by using the National Street Gazetteer (NSG). Each Street Author­ity is respon­si­ble for pro­duc­ing its own gazetteer of streets; the High­ways Agency pro­duces its own gazetteer called the Trunk Road Street Gazetteer (TRSG). The TRSG and the Local Street Gazetteer (LSG) pro­duced by each LHA col­lec­tively makes up the NSG, this is avail­able to autho­rised users from the  NSG web site (http://www.thensg.org.uk).

For com­plete­ness the streets that make up the TRSG within any par­tic­u­lar LHA area are also included in LSG for that area. The nam­ing con­ven­tion of the streets that make up the TRSG may dif­fer between the LSG ver­sion and the TRSG ver­sion of the street; this is due to the fact that LSG uses street names or loca­tion descrip­tions and the TRSG uses road num­bers. The TRSG ver­sion of the street must be used in all instances when serv­ing a notice under NRSWA on the SRN.

Gen­eral con­tact details for each MAC /ASC /DBFO /PFI con­trac­tor are shown on the net­work map. Spe­cific street work con­tact details for each MAC /ASC/ DBFO /PFI for Under­taker use is con­tained in the High­ways Agency Oper­a­tional Dis­trict (OD) file which is part of the TRSG and can be down­loaded from the NSG website.

Streets with Restric­tions on Works

By serv­ing the appro­pri­ate notices under Sec­tion 58 of NRSWA, the High­ways Agency as the Street Author­ity may restrict fur­ther works for up to five years fol­low­ing the exe­cu­tion of sub­stan­tial high­way works.

You can view a list of NRSWA Sec­tion 58 notices served.

By serv­ing the appro­pri­ate notices under Sec­tion 58A of NRSWA, the High­ways Agency as the Street Author­ity may restrict fur­ther works for up to one year fol­low­ing the exe­cu­tion of sub­stan­tial under­tak­ers’ works.

Sec­tion 61 Consents

Under Sec­tion 61 of the New Roads and Street Works Act 1991 (NRSWA), the High­ways Agency, may grant con­sent for the plac­ing of appa­ra­tus by an Under­taker in a pro­tected street. Con­sent is not required for the renewal of exist­ing appa­ra­tus, if the appa­ra­tus is to be placed using a Sec­tion 50 street works licence or if con­sent is required under any other Act.

Pro­tected Streets

Under­tak­ers have statu­tory pow­ers to install and main­tain their appa­ra­tus in a pub­lic high­way, except where that high­way is a Spe­cial Road as defined in the High­ways Act 1980 (i.e. Motor­way). The High­ways Agency as the street author­ity has the power to des­ig­nate addi­tional roads as Pro­tected Streets under sec­tion 62 of NRSWA. The effect of this is that statu­tory under­tak­ers are unable to exer­cise their statu­tory pow­ers, to install appa­ra­tus in a pub­lic high­way, with­out the con­sent of the High­ways Agency

By serv­ing the appro­pri­ate notices under Sec­tion 62 of NRSWA, the High­ways Agency as the Street Author­ity has given notice of its inten­tion to des­ig­nate a street as Protected.

NRSWA Sec­tion 62 notices served

You can view a list of NRSWA Sec­tion 62 notices served.

To man­age the road net­work the High­ways Agency has a num­ber of Man­ag­ing Agent Con­trac­tors (MAC) and Asset Sup­port Con­tracts (ASC) who are respon­si­ble for the roads within a given geo­graph­i­cal area. In addi­tion the High­ways Agency appoints a num­ber of Design Build Finance and Oper­ate (DBFO) or Pri­vate Finance Ini­tia­tive (PFI) con­tracts for spe­cific roads that run through a MAC area.

The High­ways Agency’s legal pow­ers and oblig­a­tion under the High­ways Act 1980 and NRSWA are devolved to these MAC / ASC /DBFO /PFI contractors