New Roads & Street Works Act 1991

GUIDANCE NOTE
PERFORMANCE SUMMARY AND SERVING OF IMPROVEMENT NOTICES
 1 PURPOSE

The purpose of this publication is:

  1. to set a framework for highway authorities and statutory undertakers whilst analysing and following up performance returns based on randomly sampled inspections; and

  2. to enable performance reports to be produced and to provide assurance of the integrity of the information provided; and

  3. to facilitate the reporting of improvement notices to Welsh HAUC

 
2 CRITERIA

Improvement Notices should be based on the results of the total number of inspections selected at random. These may include street authority funded random inspections.

  1. If in any quarter the sample size is small, 30 or less, and the percentage of defects is 10% or greater, no improvement notice will be issued, but the authority may send a formal letter.

  2. Improvement Notices should be served within one month of the quarter referred to. 

 
3 PROCEDURE

  1. Where more than 10% of sample inspections of an undertaker reveal defects over any agreed quarter the street authority may serve an Improvement Notice (Appendix 1), or send a formal letter in the case of a small sample, expressing the authority's dissatisfaction with the undertaker's performance. 

  2. The Improvement Notice will be sent to persons nominated by Welsh HAUC, and served within one month of the quarter referred to.

  3. Within one month of an improvement notice being served the undertaker shall inform the street authority of its proposed actions to remedy the situation

  4. Any dispute arising from the Notice will be dealt with in accordance with the HAUC Advice Note for Conciliation and Arbitration

  5. The period for sending and responding to formal letters is the same as that for Improvement Notices.

  6. The street authority should issue quarterly performance reports to the undertaker, and are recommended to produce an annual summary report to the appropriate council committee.

  7. Details of accepted Improvement Notices will be sent to the Secretary of Welsh HAUC for information and onward transmission.

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