UK Statutory Instrument 2007 United Kingdom

UKSI 2007/3372

What this means for your business

6 obligations
4 penalties
1 guides
Enforced by
Local Authority
Applies to
United Kingdom
On this page
6 compliance obligations, 1 practical guide
Read full text on legislation.gov.uk

What you must do

6 compliance obligations under this legislation.

Management duties 1

Comply with conditions attached to street works permits

If you obtain a permit to carry out work on a street, you must follow every condition the Permit Authority sets – for example limits on which days or times you can work, the exact area you may occupy, traffic restrictions, traffic‑management measures, how the work is carried out, publicising the work and reporting progress. Breaching a condition can lead to the permit being revoked and may expose you to prosecution.

Contractor s.10 When you have been granted a street‑works permit

Notifications 1

Notify Permit Authority of proposed works within notice response period

If a street‑works notice has been issued about a road you intend to work on, you must make sure you have received that notice and then tell the Permit Authority (or the street authority that issued the notice) about the works you plan to carry out, and you must do this within the response window set out in the notice. Failing to respond in time can mean your permit application is rejected.

Contractor s.14 A notice under s58(1) of the 1991 Act has been issued for …

Payments and fees 1

Pay fixed penalty notice within 36 days

Fine up to £500

If you receive a fixed penalty notice for breaching street‑works permit rules, you must pay the fine – £500 for a regulation 19 breach or £120 for a regulation 20 breach – within 36 days of the notice. The Permit Authority can extend the payment period if it thinks that is appropriate.

Any Person s.24 Receiving a fixed penalty notice for an offence under regulation 19 or …

Offences and prohibitions 3

Breach a street works permit condition

Fine up to £2,500

If your company (or a contractor you have hired) does anything that goes against a condition set out in a street works permit, you are committing a criminal offence. On conviction you will be tried in the Magistrates' Court and face a fine of up to £2,500. No prison term is provided for this offence.

Contractor s.20

Carry out street works without a required permit

Unlimited fine

If you (or a contractor you hire) perform any specified works on a public street without first obtaining the necessary permit, you commit a criminal offence unless the permit scheme says the requirement does not apply. Being convicted leads to a fine that can be unlimited, dealt with in the Magistrates' Court. No prison term is prescribed for this offence.

Contractor s.19

Fail to notify transport authority of street works permit application

Fine up to £2,500

When you apply for a permit or provisional advance authorisation for street works, you must also send a copy of that application to the relevant transport authority at the same time. If you do not do this, you commit an offence and can be fined up to £2,500 on summary conviction.

Any Person s.37

Penalties for non-compliance

4 penalties under this legislation. 1 carry an unlimited fine.

Unlimited fine

Carry out street works without a required permit

Unlimited fine

Summary only s.19 Penalises: Carry out street works without a required permit
Fine

Breach a street works permit condition

Fine up to £2,500

Summary only s.20 Penalises: Breach a street works permit condition
Fine

Fail to notify transport authority of street works permit application

Fine up to £2,500

Summary only s.37 Penalises: Fail to notify transport authority of street works …
Fine

Pay fixed penalty notice within 36 days

Fine up to £500

Summary only s.24 Penalises: Pay fixed penalty notice within 36 days

Practical guidance

Our guides explain how to comply with the requirements above.

Set up traffic management for road works

How to plan and set up traffic management for road works in England, Wales, and Scotland. Covers Chapter 8 signing …

Sections and provisions

42 classified provisions from this legislation.

15 Duties 11 Offences and penalties 5 Powers 2 Definitions 4 Exemptions

Duties 15

  • s.3 Consultation for new permit schemes
  • s.4 Procedural requirements for submitting new permit schemes
  • s.5 Varying and revoking permit schemes at the Permit Authority’s request
  • s.6 Specified works
  • s.7 Specified area
  • s.8 Specified streets
  • s.10 Conditions attached to permits
  • s.12 Permit reference numbers
  • s.14 Criteria to be taken into account by Permit Authority
  • s.16 Time limits on Permit Authority
  • s.17 Notification of permit scheme
  • s.32 Application of sums received as fees
  • s.33 Duty to maintain register undertaker
  • s.34 Access to register person having authority
  • s.40 Non-discrimination

Offences and penalties 11

  • s.19 Offence to undertake works without a required permit
  • s.20 Offence to breach a permit condition
  • s.21 Giving Fixed Penalty Notices
  • s.22 Time limit for giving fixed penalty notice
  • s.23 Form of fixed penalty notice
  • s.24 Penalties payable when fixed penalty notice given
  • s.26 Saving from proceedings where fixed penalty notice given
  • s.27 Withdrawal of fixed penalty notice
  • s.28 Application of sums received from fixed penalties
  • Schedule 1 FORM OF FIXED PENALTY NOTICE
  • Schedule 2 FORM OF NOTICE WITHDRAWING A FIXED PENALTY NOTICE

Powers 5

  • s.11 Provisional advance authorisations
  • s.15 Review, variation and revocation of permits and permit conditions
  • s.18 Action which may be taken for unauthorised works
  • s.30 Power to charge a fee and discounts
  • s.36 Disapplication of enactments

Definitions 2

  • s.2 Interpretation the 1991 Act the 2004 Act duration
  • s.29 Prescribed costs

Exemptions 4

  • s.9 Permits
  • s.13 Conditions on works to which requirement to obtain permit does not apply
  • s.31 Savings from the payment of fees and discounts
  • s.39 Service of documents, etc