Letter to interested parties raising the sample inspection fee level from £20.00
Section 75 of the New Roads and Street Works Act 1991 (NRSWA) provides that an undertaker executing street works shall, subject to the provisions of any scheme made under that section, pay to the street authority the prescribed fee in respect of each inspection of the works carried out by the authority. The Street Works (Inspection Fees) (England) Regulations 2002set the fee at £20.00 per inspection and provided that authorities would be able to charge undertakers for inspecting a representative sample of 30% of the works they carry out.
The Street Works (Inspection Fees) (England) (Amendment) Regulations 2004 (SI No. 572)come into force on 1 April 2004. These Regulations raise the sample inspection fee level from £20.00 to £21.00. These regulations will apply in England only. However, Scotland will be implementing new regulations on the same day to set the same fee level. Wales will also be making new regulations to set the same fee.
The last change to the fees in 2002 setting a level of £20.00 was intended as an interim measure while the true cost of carrying out an inspection was evaluated by consultants. Following a consultant's report in 2003 and additional work carried out by a sub group of the Highway Authorities and Utilities Committee Inspection Fees Working Party, HAUC (UK) have now agreed that the new fee level should be £21.00. The sub group have also recommended a formula which will be used for any future reviews of the fee that may be necessary. Specialist testing has been excluded from the inspection fee formula and it is recommended that authorities still undertake a sample of 1:50 but only charge for specialist testing when carried out. If such testing takes place it is also recommended that details of cost are retained in order to backup any charges passed on to the utilities.
The text of the new regulations can be found on the HMSO website, at www.hmso.gov.uk/si/si2004/20040572.htm. The accompanying Regulatory Impact Assessment can also be found on the DfT website.
Ian Jones
