The New Roads and Street Works Act 1991
(NRSWA) and the Traffic Management Act 2004
(TMA), supported by relevant regulations and codes of practice, provide a legislative framework for street works by undertakers (including utility companies) and the road works carried out by highway authorities to the extent that these must be co-ordinated by street authorities. Highway authorities are the street authorities for the public road network.
The aim of this code of practice is to balance the statutory rights of highway authorities and undertakers to carry out works with the right of road users to expect the minimum disruption from works.
- Reflects various changes made to the provisions of NRSWA by the Traffic Management Act 2004 (TMA) and subsequent legislation to enable the administration and management of all street and road works by means of permit schemes. The most recent changes in relation to permit schemes tighten the framework within which roads and streets are excavated, giving authorities more power to co-ordinate, control and direct works effectively with the aim of minimising disruption.
- Gives practical guidance on both undertakers’ and authorities' responsibilities with regard to street or road works and the legislation.
- Was prepared by a Highways Authority and Utility Committee (HAUC) England working group, comprising representatives of the Department for Transport (DfT), the utility industries and highway authorities and was subject to extensive consultation with all practitioners before presenting it to the DfT. The DfT thanks everyone who has been involved in the production of this guidance and for the time and work that has been put into it.
This 5th edition of the code is issued under sections 56A(8), 59(3) and 60(2) of NRSWA as statutory guidance by the DfT for use in England. It comes into force as statutory guidance on 3rd April 2023 and authorities must have regard to it.
It supersedes the 4th edition of the code that was published in October 2012 and any other previous versions.