Section 50 licence

• Read the guidance notes provided at the end of this page and understand your responsibilities.

• You must be registered for a Bury One account to access the application form.
• You will need to apply the following documents to the application form.
  • A scale detailed plan
  • A copy of the supervisor's street works qualification card
  • A copy of the operative's street works qualification card
  • A copy of your public liability insurance certificate
• Complete and submit the Section 50 licence application form

• Once we have received your application we will review your requirements. We may contact you for more information.
• If road closures or temporary traffic signals are required, your application will be passed to our traffic management team and they will contact you.

• When the application review is complete, we will contact you to make a payment. We will send you a link to our online payment service. You can also login to your Bury One Account and go to ‘My Requests’ to make the payment.
• Types of work and associated costs can be viewed below.
• Once we have received the payment, we will issue you with a Section 50 licence giving you permission to carry out your works.

• You must tell us within two hours that you are starting works on site. Send an email to: Streetworks@bury.gov.uk

• You must tell us within two hours that you have completed works on site. Send an email to: Streetworks@bury.gov.uk
• When you have told us you have completed your works, we will contact you to complete the online Registration of Works form. You can also login to your Bury One Account and go to ‘My Requests’ to submit the form
• You should submit the Registration of Works form within ten working days of completing your works

The Traffic management Act was introduced in 2004 to tackle congestion and disruption of the road network. The act places a duty on local traffic authorities to ensure the expeditious movement of traffic on their road network and those networks of neighboring authorities. The Act gives authorities additional tools to better manage parking policies, moving traffic enforcement and the coordination of all activities on the network, including street works.

This Act became effective as of 1 April 2008 and has changed the noticing periods required for street works.

For more information on the Traffic Management Act 2004 please visit the Department for Transport website

Any person (other than a Statutory Undertaker) who wishes to place apparatus in a street, retain and thereafter inspect, maintain, adjust, repair, or alter it, must be in possession of a Street Works Licence. This licence will be granted to the owner of the apparatus.

Applicants not familiar with the requirements of this legislation are strongly advised to appoint a contractor with the appropriate knowledge and accreditation to assist in the completion of this application. The works must be undertaken by an accredited operative and overseen by an accredited supervisor.

Works must commence within three months from the date of the licence being granted. A permanent reinstatement must be completed within six months of the completion date of any interim reinstatement. If the works are unable to commence within three months it is at the discretion of the Street Authority whether the licence will be withdrawn (and all monies refunded, less an administration fee) or if a new licence will be granted based on the original application with new work dates.

Applications must be received at least one month in advance of the commencement of the proposed works, signed by the owner of the existing or proposed apparatus. This is to allow the Street Authority to undertake its duty. However, if the works fall within the Major works category then three months notice is required.

Please note: These are the minimum notice periods, and the Street Authority may require more time to process the application in certain circumstances. If a Road Closure is required both applications must be received at least three months in advance of the commencement of the proposed works.

The following must be received, or the granting of the licence may be delayed.

1. a) Online Street Works Application.
   b) Licence Fee Payment will be required upon approval of the licence. Please make payment online quoting the reference if one is provided.
   c) £ 1.235 for classified roads, £ 900.00 for unclassified roads - New Apparatus
   £ 395.00 - Breaking up the highway / Existing Apparatus. Please contact the Highway Authority for confirmation of fees.
2. d) A scale plan (of Ordinance Survey standard) at 1:1250 or greater of the proposed location and
   depth of the relevant apparatus marked by a red broken line and a grid reference for the excavation site.
   e) Proof of Permission to Connect to the Network (For new apparatus)

The following must be submitted in the first instance (copies will be kept on file for future applications, whilst still valid)

1. a) Proof of Public Liability Insurance. This must provide a minimum of £5m cover.
   b) Proof of Street Works Accreditation (Copy of both sides of Supervisor & Operatives SWQR cards) an accredited supervisor must supervise the works, and at least one accredited operative must be on site at all times when the works are in progress. Please note: This cannot be the same person.

The definition of apparatus includes drains, cables, ducts, sewer pipes, water, and gas pipes etc.

A Street Works Licence to place apparatus or consent to work on existing apparatus in the highway, will only be granted to the owner(s) of apparatus or his Successor in Title. Owners should note their statutory duty to ensure that the apparatus is properly maintained at all times.

The person granted a Street Works Licence becomes an Undertaker for the purposes of the New Roads & Street Works Act 1991, and therefore has the duties and responsibilities imposed by the Act and associated Secondary Legislation and Codes of practice.

Section 74 of the 1991 Act means the Licence holder may be liable to charges raised under this section for unreasonable prolonged occupation of the highway, or the correct notices are not served in respect of this section.

Please note, this licence can only be granted to an applicant that will be the owner and be responsible for the apparatus. It cannot apply in situations where a third party will own and maintain the installed apparatus.

Conditions of Street Works Licence Relating to the Placing, Retaining and Maintenance of Apparatus in the Street.

(S50 & Schedule 3 of the New Roads & Street Works Act 1991)

1. The Highway` includes the carriageway, footway and any verge. If the applicant objects to these conditions or a refusal by the Highway Authority to approve a licence, then an appeal may be made to the Secretary of State. N.B. A criminal offence is committed if Section 51 (1) of the NRSWA 1991 is breached.
2. The Licensee shall not carry out any excavation or other works in the highway except in accordance with a plan, to be submitted with this application, and approved by the Highway Authority. The works shall be carried out by the Licensee or an agent approved by, and under the supervision of the Highway Authority. The Street Works (Qualifications of Supervisors and Operatives) Regulations 1992 sets out the criteria of qualifications for persons excavating in the highway required by Section 67 of the New Roads and Street Works Act 1991. For the purposes of carrying out the works, the Licensee or agent shall comply with the Codes of Practice for Training issued under the New Roads and Street Works Act 1991. Specifically, the supervisor and the operative will be trained and accredited to the requirements of the Codes of Practice. Proof of such accreditation must be provided with this application.
3. The Licensee shall indemnify this Highway Authority in respect of any Third party actions claim demands, expenses or proceedings in respect of injury, damage or loss which may arise from his works on the highway. The Licensee shall effect insurance indemnifying the Licensee and the Council, for the duration of the works and until the Council resumes responsibility for maintenance of the highway in accordance with the appropriate guarantee periods. Such insurance shall afford indemnity of not less than £5 million in respect of each and every occurrence or series of occurrences caused by or attributable to any event giving rise to a claim. A copy of the insurance certificate and policy shall be included with this application.
4. The Licensee shall regulate the works so as to minimise obstruction to vehicular and pedestrian traffic and shall guard the works in accordance with Chapter 8 of the Traffic Signs manual 2006 published by TSO and the Safety at Street Works and Road Works Code of Practice which gives specific guidelines on the safe signing, lighting and guarding of temporary works on the Highway, as required by Section 65 of the New Roads and Street Works Act 1991. The works area shall be maintained and kept clean and tidy throughout the duration of the works.
5. The Licensee shall not interfere with any drain, culvert, gully, bridge, wall, or other structure without the specific consent of the Highway Authority.
6. Except in accordance with this licence, no part of the highway may be closed, AT ANY TIME, without the consent of the Highway Authority.
7. The issue of a licence to make a temporary excavation in the highway does not authorise the Licensee to interfere with apparatus already existing in the street. At all times access must be maintained to any apparatus within the highway.
8. The Highway Authority shall serve notices to the Statutory Undertakers in accordance with the requirements of the New Roads and Street Works Act 1991 on behalf of the applicant. Except in the case of an emergency, such notices must be made at least twenty-five working days prior to the start of the works. The applicant shall be responsible for carrying out any works required by a Statutory Undertaker in their response to a notice, or subsequently to protect apparatus. Prior to the commencement of any works the applicant shall determine the precise location of any Statutory Undertakers plant. The applicant shall allow for the notification process when programming his works.
9. If there are no objections to the works (including those from Statutory Undertakers), the Highway Authority will issue a licence. (Works shall not commence until this licence is approved and issued). The licence will be valid for three months from the date of issue.
10. Any works necessary by the Highway Authority as a result of the failure of the Licensee to comply with the conditions of the licence shall be chargeable to the applicant. The applicant shall also be liable for any further inspections that may be necessary in the same manner as provided under Section 72 (2) of the New Roads and Street Works Act 1991.
11. In the event of the works being cancelled after the application form has been submitted an administration fee will be charged to the applicant to cover administrative costs
12. Reinstatement of the works shall be in accordance with the specification provided by the Specification for the Reinstatement of Openings in Highways. Any excavation shall be at least temporarily reinstated with bitumen macadam before removing any signing and barriers. No trench reinstatement is to be re-opened to highway users without at least a temporary bituminous layer being in place, which is flush with the level of the adjacent highway. Limestone is not permitted in the wearing course. Any temporary reinstatement shall be agreed with the Highway Authority.
13. Once the works are complete the area shall be left in a clean and tidy condition to the satisfaction of the Highway Authority.
14. Within ten working days of completion of the works the Licensee shall give written notice to the Highway. This shall be done by way of the Registration of Works form.
15. The date and time when the Highway Authority will resume responsibility for maintenance of the highway works, distinct from the apparatus, will normally be two years (three years for excavations greater than 1.5 meters) from the actual date of the completion of the works. Until the Highway Authority assume responsibility for maintenance of the works the Licensee shall be responsible for any claims arising from the works or any necessary maintenance works and associated costs. The Highway Authority shall determine any necessary works.
16. No works to be undertaken in the highway before a licence has been granted.
17. Additional conditions may be applied to the licence by the Street Works Manager or his representative as deemed necessary.

Major works

These are works which require a road closure or have a planned duration of 11 working days or more.

Application must be submitted three months in advance of the works commencing date. The Licensee must give ten working days notice of intended starting date to the Street Authority.

Standard works

These are works that have a planned duration of ten working days or less. Application must be submitted one month in advance of the works commencing date. The Licensee must give ten working days notice of the intended starting date to the Street Authority.

Minor works

These are works that have a planned duration of 3 working days or less. Application must be submitted one month in advance of the works commencing date. The Licensee must give three working days notice of the intended starting date to the Street Authority.

Immediate works

These are works that could cause serious damage to persons or property and must be carried out as soon as possible.

In the case of immediate works, the rest of the application must then be processed by the end of the next working day.

You will need to apply the following documents to the application form.

1. a) A scale plan (of Ordnance Survey standard) at 1:1250 of the proposed location and depth of the relevant apparatus marked by a red broken line and a grid reference for the excavation site.
   b) Proof of Public Liability Insurance. This must provide a minimum of £5m cover.
   c) Proof of Street Works accreditation. (Copy of both sides of Supervisor and Operatives SWQR cards). An accredited supervisor must supervise the work, and at least one accredited operative must be on site at all times when the works are in progress. N.B. this cannot be the same person.
   d) Applications for traffic management, if relevant.
   e) Any other reasonable information the Street Authority may request.

Remedial works

These are works to put a site from interim to permanent or to correct a defect. More advanced notice will be required when carrying out remedial works.

• Minor works (Less than three days in duration) will require ten days notice.
• Major works will require three months notice.

Applicants should note that special conditions may be imposed by the Street Authority and must be strictly adhered to:

a) in the interest of safety
b) to minimise the inconvenience to persons using the street, having regard to people with a disability
c) for Traffic Sensitive Streets, Streets with Special Engineering Difficulties and Protected Streets and to protect the structure of the street and the integrity of the apparatus in it.

The Licensee must permit the Street Authority to monitor his performance through all stages of the street works.

These stages are

a) When the works are being carried out
b) During the period of six months starting with the day on which interim or permanent reinstatement is completed.
c) During the period of three months immediately preceding the end of the guarantee period (This period will be for 2 years from the date of permanent reinstatement for excavations up to 1.5m deep and 3 years for deeper).

The Licensee must complete the Registration of Work form giving details of any reinstatement to the Street Works Authority within ten working days of the completion of the works and clearing the site. (Interim reinstatements must be made permanent within 6 months and during that time must perform to the same standards as a permanent reinstatement).

If the works take longer to complete than the duration given for the notice, they may be subject to the following charges, per day, they overrun.

Other street not in road category 2,3 or 4:

• £2,500 for major or standard work
• £500 for minor and immediate works

Street in road category 2:

• £2,000 for major or standard work
• £500 for minor and immediate works

Traffic-sensitive street in road category 3 or 4:

• £750 for major or standard work
• £250 for minor and immediate works

Not traffic-sensitive street in road category 3 or 4:

• £250 for major or standard work
• £100 for minor and immediate works

Mitigated Charge for all street categories

• £100 one of charge for major, standard, minor and immediate works

The Fixed Penalty Notice scheme is introduced by section 41 of the Traffic Management Act 2004, which inserted section 95A and schedules 4A and 4B into the New Roads & Street Works Act 1991. It provides for certain offences, under Part 3 of the New Roads & Street Works Act 1991, to become fixed penalty offences.

The objectives of the FPN system are to:

• encourage accurate and timely notice data
• improve the co-ordination of works
• improve date quality for all works promoters
• contribute to the aim of the Traffic Management Act 2004 - minimising disruption arising from road and street works.

Fixed Penalty Notices:

• apply to all undertakers, whether statutory undertakers or licences under section 50 of the New Roads & Street Works Act 1991
• may be given only for the street, or section of street, in which the works take place

Part 3 of New Roads & Street Works Act 1991 details a range of statutory duties and obligations and the offences associated with failing to comply with them. All of these can be prosecuted in the Magistrates Court.

At present, seven offences, under Part 3 of the New Roads & Street Works Act 1991, can be dealt with by Fixed Penalty notices. A Fixed Penalty notice offers an undertaker / licensee the opportunity to discharge any liability to conviction for a fixed penalty offence, by payment of a penalty. However, the Street Authority retains the power to take an alleged offender to the Magistrates court, instead of giving a fixed penalty notice, or to prosecute for the original offence should the fixed penalty notice remain unpaid after the expiry of the payment period.

These offences refer to noticing failures. Therefore, payment of a Fixed Penalty notice does not exempt an offender from other prosecutions or charges for other offences under New Roads & Street Works Act 1991.It is important the accurate information is provided in notices given under section 54, 55 or 57, 70, 74 or 74A. Each set of works requires several notices, so it is possible that more than one Fixed Penalty notice could be given for each set of works. All applicants are strongly recommended to consult NRSWA, the TMA, Regulations and DfT Code of Practice for the Co-ordination of Street Works and Works for Road Purposes and Related Matters (third edition) for more information.

A Fixed Penalty is £80 if paid within the discount period of 29 days or £120 if paid within 36 days.