Section 50 terms and conditions
Schedule of conditions
1. The work of installing the apparatus shall be executed by opening the Highway, (or thrust boring) by an approved Contractor who shall hold third party liability insurance to the value of £5,000,000 for any one claim with no limit to the number of claims for the duration of the works (the contractor must be registered with the Authority and apply for a Section 171 Temporary Excavation Permit for each and all works associated to the licence.
2. Supervisors and operatives on site must possess current NRSWA accreditation as appropriate.
3. All works and traffic management must be agreed with the Traffic and Network Management team prior to commencement.
4. In situations where works are in the vicinity of a railway level crossing:-
(i) Traffic and Network Management team must be informed
(ii) Network Rail must be informed
(iii) You must comply with the Code of Practice for the Co-ordination of Street Works for Road Purposes and Related Matters – Appendix C – Guidelines for works at or near Network Rail level crossings.
5. The position of the apparatus must be agreed in advance with the Traffic and Network Management team and/or the bridge engineer where appropriate.
6. If your apparatus is affected by any future highway works your apparatus must be altered and/or protected at your own cost, if so required.
7. If due to leakage or damage the construction of the highway is damaged the licensee will be responsible for all costs incurred to repair and reinstate.
8. The site must be safe at all times and comply with the current legislation with regard to signing and guarding as failure to do so could result in prosecution.
9. You must not afford any delays or obstructions to the travelling public. If so you must discuss alternative routes available with the Traffic and Network
Management Team and accept any charges associated with making same and also be responsible for any consequential damage.
10. You must make good any reinstatement to HAUC recommendations which will remain your responsibility. Should the reinstatement fail, you will be responsible for undertaking remedial works (these must be notified by the contractor who will require a Section 171 Temporary Excavation Permit).
11. You must provide an ‘as laid’ record of any pipes, cables or plant laid in the ground by means of this licence. Any plant must be laid in accordance with NJUG 7 and works undertaken in accordance with NJUG 10 when excavating in the vicinity of trees.
12. The permanent reinstatement will be undertaken by an accredited contractor and must comply with HAUC specifications for the reinstatement of openings in highways, together with amendments, (or any successor document current at the time of the opening).
13. On completion the licensee is required to ensure that the contractor confirms the dates of work and reinstatement measurements with the Traffic and Network Management Team.
14. The licensee shall afford the Authority such facilities as the Authority may require for inspecting the work as it proceeds.
15. The licensee shall keep any apparatus installed in a good state of repair and condition.
16. The licensee shall ensure that any maintenance, repair or other works (except in the case of emergency) be undertaken without disturbance to the highway and that the whole of the highway remain open to traffic at all times.
17. Plant belonging to statutory undertakers may exist in the vicinity, and any damage caused to this plant by your works, future maintenance, and/or removal of the apparatus will be the responsibility of the licensee. The licensee must notify all statutory undertakers prior to the commencement of any works and be responsible in respect of any further apparatus that he is notified of within that highway in the same manner as he is responsible in the first part of this clause.
18. The conditions of this licence, being conditions:-
(i) to ensure the safety and convenience of passengers in the highway; and
(ii) to prevent traffic in the highway from being delayed;
(iii) are without prejudice to the conditions set out in Section 50 of the New Roads and Street Works Act 1991 (so far as applicable to this licence).
19. The licensee has paid, or shall pay on the granting of this licence, the necessary fee to the authority in respect of the legal and other expenses incurred by the authority in connection with the granting of this licence.
20. This licence does not confer any right on the licensee, as against the owner of the land in which the highway is situated, to use that land. The licensee must make his own arrangements with such owner in cases where consent is needed.
21. The licence hereby granted shall remain in force until it is withdrawn by the authority under Section 50 of the New Roads and Street Works Act 1991 or surrendered to the authority by the Licensee. The works required for installation must take place within one year. Failure to do so may result in the licence being withdrawn and subject to reapplication at the discretion of the relevant manager within the Traffic and Network Management Team.
22. The licensee will indemnify the authority of any claims arising as a result of the works or apparatus installed in accordance with Schedule 3 of the NRSWA 1991. The licensee shall also indemnify the authority in respect of any claims arising from a closure of a public highway required for the works. The licensee shall hold third party liability insurance to the value of £5,000,000 for any one claim with no limit to the number of claims for the duration of the licence.
23. The applicant’s selection of the tick box on section 7 of the online application form shall have the same effect as a signature and constitutes acceptance of all licence conditions and any special conditions that may be applied.
