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Stockton-on-Tees Borough Council Permit Scheme

Appendix A

Glossary of terms used in the Operation of Permit Schemes

Term

Explanation

Apparatus

As defined in Section 105(1) of NRSWA "apparatus includes any structure for the lodging therein of apparatus or for gaining access to apparatus"

Bank Holiday

 

As defined in Section 98(3) of NRSWA, "bank holiday means a day which is a bank holiday under the Banking and Financial Dealings Act 1971 in the locality in which the street in question is situated"

Breaking up (the street)

Any disturbance to the surface of the street (other than opening the street)

Carriageway

As defined in Section 329 of HA 1980, "carriageway means away constituting or comprised in a highway, being a way (other than a cycle track) over which the public have a right of way for the passage of vehicles"

DfT

Department for Transport

Emergency Works

 

As defined in Section 52 of NRSWA, "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"

Fixed Penalty Notice

As defined in schedule 4B to NRSWA, "fixed penalty notice means a notice offering a person the opportunity of discharging any liability to conviction for a fixed penalty offence by payment of a penalty"

Footway

As defined in Section 329 of the HA 1980, "footway means a way Comprised in a highway which also comprises a carriageway, being a way over which the public have a right of way on foot only"

HAUC

 

The Highway Authorities and Utilities Committee

 

HAUC (England)

The Highway Authorities and Utilities Committee for England

 

Highway

As defined in Section 328 of the HA 1980, "highway means the whole or part of a highway other than a ferry or waterway"

Highway Authority

As defined in Sections 1 and 329 of the HA 1980

Highway Works

"works for road purposes" or "major highway works"

Immediate Activities

Immediate activities are either emergency works as defined in Section 52 of NRSWA or urgent works as defined in The Street Works (Registers, Notices, Directions And Designations) (England) Regulations 2007

JAG (UK)

Joint Authorities Group (UK)

Local Authority

As defined in Section 270(1) of the Local Government Act 1972(a) and includes the Common Council of the City of London.

Local highway authority

As defined in Section 329 of HA 1980, "local highway authority means a highway authority other than the Minister"

Maintainable highway

As defined in Section 329 of HA 1980, a "highway maintainable at the public expense means a highway which by virtue of Section 36 above or of any other enactment (whether contained in this Act or not) is a highway which for the purposes of this Act is a highway maintainable at the public expense"

Major activities

Major activities are activities which have been identified in a promoter's annual operating programme, or if not identified in that programme, are normally planned or known about at least six months in advance of the date proposed for the activity; or activities, other than immediate activities, where (i) the authority has indicated to the promoter, or (ii) the promoter considers, that an order under Section 14 of the Road Traffic Regulation Act 1984 (temporary prohibition or restriction on roads) is required; or activities, other than immediate activities, which have a planned duration of 11 days or more".

Major highway works

As defined in Section 86(3) of NRSWA, "major highway works means works of any of the following descriptions executed by the highway authority in relation to a highway which consists of or includes a carriageway -(a) a reconstruction or widening of the highway; (b) works carried out in exercise of the powers conferred by section 64 of the Highways Act 1980 (dual carriageways and roundabouts); (c) substantial alteration of the level of the highway; (d) provision, alteration of the position or width, or substantial alteration in the level of a carriageway,

footway or cycle track in the highway; (e) the construction or removal of a road hump within the meaning of Section 90F of the Highways Act 1980; (f) works carried out in exercise of the powers conferred by Section 184 of the Highways Act 1980 (vehicle crossings over footways and verges); (g) provision of a cattle-grid in the highway or works ancillary thereto; or (h) tunnelling or boring under the highway"

Minor activities

Minor activities are those activities other than immediate activities where the planned duration is 3 days or less.

National street gazetteer

(NSG)

A database defined as "an index of streets and their geographical locations created and maintained by the local highway authorities" based on the BS7666 standard

Network management duty

As stated in Part 2 of TMA

NRSWA

New Roads and Street Works Act 1991

Permit

The approval of a permit authority for an activity promoter to carry out activity in the highway which may be subject to conditions

Permit application

The application that is made by a promoter to the authority to carry out an activity in the highway. It is equivalent to the notice of proposed start of works (Section 55 of NRSWA) given under the Coordination regime.

Permit Authority

A local authority or other "street authority" which has been given approval by the Secretary of State to operate a permit scheme on all or some of its road network.

Permit Scheme

A scheme approved by the Secretary of State (pre April 2015) or

Local Authority Order (post April 2015)

Protected street

Any street that serves a specific strategic major traffic need and therefore needs to be protected from unnecessary excavation and works and providing there is a reasonable alternative route in which undertakers can place the equipment that would otherwise lawfully have been placed in the protected street

Provisional Advance

Authorisation

The early approval of activities in the highway, equivalent to the advance notice given under Section 54 of NRSWA.

Registerable

Registerable activities correspond to specified works in the

regulations

Reinstatement

As defined in Section 105(1) of NRSWA, "reinstatement includes

making good

Road

"highway"

Road category

This means one of the road categories specified in paragraph

1.3.1 of Chapter S.1 of the code of practice "Specification for the Reinstatement of Openings in Highways"

Road works

Works for road purposes

Special Engineering

Difficulties (SED)

By virtue of Section 63 of NRSWA, the term special engineering difficulties relates to streets or, more commonly, parts of streets associated with structures, or streets or extraordinary construction where street works must be carefully planned and executed in order to avoid damage to, or failure of, the street itself or the associated structure with attendant danger to person or property.

Standard activities

Standard activities are those activities, other than immediate activities, that have a planned duration of between 4 and 10 days inclusive.

Statutory right

As defined in Section 105(1) of NRSWA, "statutory right means a right (whether expressed as a right, a power or otherwise) conferred by an enactment (whenever passed or made), other than a right exercisable by virtue of a street works licence"

Street

As defined in Section 48(1) of NRSWA, "street means the whole or any part of any of the following, irrespective of whether it is a thoroughfare (a) any highway, road, lane, footway, alley or passage; (b) any square or court; (c) any land laid out as a way whether it is for the time being formed as a way or not"

Street authority

As defined in Section 49(1) of NRSWA, "the street authority in relation to a street means, subject to the following provisions (a) if the street is a maintainable highway, the highway authority, and (b) if the street is not a maintainable highway, the street managers"

Street works

As defined in Section 48(3) of NRSWA, "street works means works of any of the following kinds (other than works for road purposes) executed in a street in pursuance of a statutory right or a street works licence: (a) placing apparatus; or (b) inspecting, maintaining, adjusting, repairing, altering or renewing apparatus, changing the position of apparatus or removing it, or works required for or incidental to any such works (including, in particular, breaking up or opening the street, or any sewer, drain or tunnel under it, or tunnelling or boring under the street"

Streetworks UK

National body representing Utility companies.

Street works licence

As stated in Section 50(1) of NRSWA, "the street authority may grant a licence (a "street works licence") permitting a person (a) to place, or to retain, apparatus in the street, and (b) thereafter to inspect, maintain, adjust, repair, alter or renew the apparatus, change its position or remove it, and to execute for those purposes any works required for or incidental to such works (including, in particular, breaking up or opening the street, or any sewer, drain or tunnel under it, or tunnelling or boring under the street)

TMA

The Traffic Management Act 2004

Traffic order

This means an order made under Section 1, 6 or 9 of the Road

Traffic Regulation Act 1984

Traffic sensitive street

This means a street designated by a street authority as traffic sensitive pursuant to Section 64 of NRSWA and in a case where a limited designation is made pursuant to Section 64(3) any reference to works in a traffic sensitive street shall be construed as a reference to works to be executed at the times and dates specified in such designation

Undertaker

As defined in Section 48(4) of NRSWA, "undertaker in relation to street works means the person by whom the relevant statutory right is exercisable (in the capacity in which it is exercisable by him) or the licensee under the relevant street works licence, as the case may be"

Unique street reference number (USRN)

As defined in the British Standard BS7666

Urgent activities

Urgent activities are (a) activities (not being emergency activities) whose execution at the time they are executed is required (or which the person responsible for the activity believes on reasonable grounds to be required) (i) to prevent or put an end to an unplanned interruption of any supply or service provided by the undertaker; (ii) to avoid substantial loss to the undertaker in relation to an existing service; or (iii) 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 appropriate notice period; and (b) Includes activity that cannot reasonably be severed from such activities

Works

In the context of this document 'works' includes; street works, works for road purposes and any other activities on the highway that require a permit.

Working day

As defined in Section 98(2) of NRSWA, "for the purposes of this Part a working day means a day other than a Saturday, Sunday, Christmas Day, Good Friday or a bank holiday; and a notice given after 4.30 p.m. on a working day shall be treated as given on the next working day"

Works for road purposes

As defined in Section 86(2) of NRSWA, "works for road purposes means works of any of the following descriptions executed in relation to a highway: (a) works for the maintenance of the highway; (b) any works under powers conferred by Part V of the Highways Act 1980 (improvement); (c) the erection, maintenance, alteration or removal of traffic signs on or near the highway; or (d) the construction of a crossing for vehicles across a footway or grass verge or the strengthening or adaptation of a footway for use as a crossing for vehicles"

Works Promoter

A works promoter is anyone (including Utility Companies, Statutory Undertakers, Local Authorities Road Work Providers and Contractors) responsible for undertaking works on the highway.

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