Part 3  Further Services in relation to the Authority's functions

1  As and when appropriate, the Service Provider shall in good time in respect of the Project Network carry out the following services in relation to functions conferred on the Authority as Street Authority under any of the following provisions of the 1991 Act:

(a)  Section 53: provide to the keeper of the Street Works Register such information as may be prescribed pursuant to Section 53 and such other information of which it becomes aware which is eligible for registration and make such payment or payments as the Secretary of State for Transport may require in relation to the Project Network pursuant to Section 53 (5);

(b)  Section 54 (1): receive the prescribed advance notice of works from Statutory Undertakers, copy such notices to the keeper of the Street Works Register and to the Authority's Nominee;

(c)  Section 54 (4): prepare for issue by the Authority appropriate directions to be given to Statutory Undertakers relating to the provision of information and other procedural steps necessary for the co-ordination of the Statutory Undertakers' proposed works and advise the Authority on the necessity for the same;

(d)  Section 55 (1): receive notices of starting date of works, copy such notices to the keeper of the Street Works Register and to the Authority's Nominee;

(e)  Section 55 (4): prepare for issue by the Authority appropriate consents to be given to the Statutory Undertakers and advise the Authority on the necessity for the same;

(f)  Section 56 (1) and (4):  prepare for issue by the Authority appropriate directions as to the timing of street works to comply with the Codes of Practice and advise the Authority on the necessity for the same;

(g)  Section 58:

(i)  prepare for issue by the Authority appropriate notices to be given  restricting street works following substantial road works and advise the Authority on the necessity for the same;

(ii)  prepare for issue by the Authority appropriate consents to be given to the Statutory Undertakers pursuant to Section 58 (5)(b) and advise the Authority on the necessity for the same;

(iii)  advise the Authority on reinstatement of the highway pursuant to Section 58 (6) following unauthorised works; and

(iv)  advise the Authority on costs incurred in reinstating the highway and assist the Authority in recovering such sums from the Statutory Undertakers;

(h)  Sections 59:

(i)  without prejudice to the provisions of clause 25.9 (Primary Duty of Co-ordination), advise the Authority with regard to the co-ordination of the execution of works of all kinds affecting the Project Network in the manner set out in Sections 59 (1) (a), (b) and (c);

(ii)  advise the Authority with regard to the steps necessary to ensure co-ordination with other Street Authorities pursuant to Section 59 (2);

(iii)  supply to the Authority any information required by the Secretary of State for Transport pursuant to Section 59 (4); and

(iv)  assist the Authority in taking any steps directed by the Secretary of State for Transport pursuant to Section 59 (5) or 59 (6);

(i)  Section 61:

(i)  prepare for issue by the Authority appropriate consents pursuant to Section 61 (1) and advise the Authority on the necessity for the same;

(ii)  agree with  the Authority the appropriate fee to be paid by the Statutory Undertaker to the Authority pursuant to Section 61 (3) and then assist the Authority in recovering such fees from the Statutory Undertakers;

(iii)  advise the Authority on placing conditions upon its consent and on contributing  to expenses under Section 61 (5); and

(iv)  participate in or if so instructed by the Authority conduct any arbitration under Section 61 (6);

(j)  Section 65 (5):

(i)  advise the Authority if a Statutory Undertaker has failed to comply with Section 65 (1) or (2) and advise on steps which need to be taken in consequence; and  

(ii)  advise the Authority on costs incurred in taking such steps and assist the Authority in recovering such costs from the Statutory Undertaker;

(k)  Section 66:

(i)  prepare for issue by the Authority appropriate notices to be given to Statutory Undertakers requiring them to take steps to mitigate or discontinue obstructions and advise the Authority on the necessity for the same; and

(ii)  advise the Authority if Statutory Undertakers fail to comply with notices served under Section 66 (3) and advise on steps which should be taken in consequence.  Assist the Authority in recovering costs incurred in consequence of the Statutory Undertakers' failure;

(l)  Section 68 (1): carry out such inspections or investigatory works on the Project Facilities as may be necessary to ascertain whether Statutory Undertakers have complied with their duties under the 1991 Act provided always that no charge will be made for any Sample Inspections;

(m)  Section 70: receive notices from Statutory Undertakers pursuant to Sections 70 (3) and (4) and supply copies to the Authority's Nominee;

(n)  Section 72:

(i)  carry out such investigatory works as may be necessary to ascertain whether Statutory Undertakers have complied with their duties with respect to reinstatement and advise the Authority accordingly;

(ii)  prepare for issue by the Authority appropriate notices pursuant to Section 72 (3) and advise the Authority on the necessity for the same; and

(iii)  advise the Authority on the necessity to carry out works pursuant to Sections 72 (3) and (4).  If required by the Authority, arrange the carrying out of such works and notify the Authority of the costs of such works.  Assist the Authority in recovering such costs from the Statutory Undertakers.  In such circumstances prepare for issue by the Authority appropriate notices pursuant to Section 72 (4);

2  As and when appropriate the Service Provider shall in good time in respect of the Project Network carry out the following services in relation to functions conferred on the Authority as Traffic Authority by or under Section 65 (2) of the 1991 Act:

(a)  prepare for issue by the Authority appropriate directions concerning traffic signs and advise the Authority on the necessity for the same; and

(b)  check whether Statutory Undertakers comply with such directions and advise the Authority accordingly;

3  As and when appropriate the Service Provider shall in good time in respect of the Project Network carry out the following services in relation to functions conferred on the Authority as a relevant authority other than a Street Authority by or under the following sections of the 1991 Act:

(a)  Section 81:

(i)  check that Apparatus belonging to the Statutory Undertakers' is being properly maintained and advise the Authority accordingly;

(ii)  if the Apparatus is not being properly maintained then advise the Authority whether emergency works need to be executed in consequence of such failure;

(iii)  if required by the Authority arrange the carrying out of such emergency works;

(iv)  assist the Authority in recovering sums pursuant to Section 81(5); and

(v)  in such circumstances prepare for issue by the Authority appropriate notices pursuant to Section 81(6);

(b)  Section 82:

(i)  advise the Authority if any of the events described in Section 82 (2) occur; and

(ii)  assist the Authority in recovering the sums pursuant to Section 82 (1);

4  As and when appropriate the Service Provider shall in good time in respect of the Project Network carry out the following services in relation to functions conferred on the Authority as a Highway Authority or as a Bridge Authority, by or under the following provisions of the 1991 Act:

(a)  Section 83: prepare for issue by the Authority appropriate notices informing Statutory Undertakers of Works for Road Purposes likely to affect their Apparatus;

(b)  Section 84:

(i)  on behalf of the Authority liaise with the Statutory Undertakers in identifying measures and settling specifications in connection with Diversionary Works and co-ordinate such Diversionary Works with the carrying out of Operations;

(ii)  participate in or if so instructed by the Authority conduct any arbitration proceedings brought pursuant to Section 84 (3); and

(iii)  assist the Authority in recovering sums under Section 84 (4);

(c)  Section 88: monitor the execution of works by Statutory Undertakers and advise the Authority accordingly.  Advise the Authority on requirements to be imposed on the Statutory Undertaker for the protection of bridges or for securing access.  Prepare for issue by the Authority appropriate notices setting out such requirements;

5  As and when appropriate the Service Provider shall in good time in respect of the Project Network carry out the following services in relation to functions conferred on the Authority by or under Section 90 of the 1991 Act:

(a)  prepare for issue by the Authority appropriate notices to Statutory Undertakers requiring them to carry out remedial works to sewers drains or tunnels owned by the Authority, and advise the Authority on the necessity for the same;

(b)  advise the Authority on what works need to be carried out in consequence of a failure by a Statutory Undertaker to comply with such notices.  If required by the Authority arrange the carrying out of such works.  Assist the Authority in recovering the costs of such works; and

(c)  where the Statutory Undertaker has failed to comply with its duties to reinstate and this is causing a danger to the users of the street, advise the Authority accordingly.  Advise the Authority on what works need to be carried out in consequence.  If required by the Authority arrange the carrying out of such works.  Assist the Authority in recovering the costs of such works from the Statutory Undertaker.  In such circumstances prepare for issue by the Authority appropriate notices pursuant to Section 90 (3).