‘Back to the Future’ @ STREET WORKS 2005 NEW RULES, NEW TECHNOLOGY, A NEW TOMORROW? 18 th / 19 th May 2005 Cardiff I

1. ‘Back to the Future’ @ STREET WORKS 2005 NEW RULES, NEW TECHNOLOGY, A NEW TOMORROW? 18th / 19th May 2005 Cardiff International Arena

2. Diversionary Works Code of Practice - Back to the future? • History / Background. • Review of progress. • Issues Identified & Addressed @ Phase 1 + Recent actions. • Issues deferred or identified for Phase 2. • TMA / Legislation impacts. • Future – phase 1 & phase 2. • Summary. Peter Crouch – Ashington Associates Representing the Water Industry

3. Review Progress (1) History of this working party - • Initial group formed ref C3 / C4 concerns - Failed to agree & referred to HAUC • Sent back to form full WP and get progress plus cover whole COP • Reconvened & agreed full range of issues / points of principle & problems • Summarised Issues, split & allocated to sub groups with a HAUC agreed timetable Peter Crouch – Ashington Associates Representing the Water Industry

4. Working Group proposals sent out for consultation July 2002 • Responses collated and reviewed with draft document amendments completed and sent for HAUC approval July 2003 • Included all ‘change-related’ feedback plus any other ‘quick wins’ • Review Progress (2) Decision Deferred pending court case Peter Crouch – Ashington Associates Representing the Water Industry

5. Issues identified and addressed @ Phase 1 • A general update to reflect changes in other NRSWA 1991Codes of Practice • Inclusion of Standard Proforma and letters as guidance to assist consistency and completeness of information transfer • Revision of C3 / C4 process – clarification and alignment of documentation with recent court case and appeal findings. Peter Crouch – Ashington Associates Representing the Water Industry

6. Issues identified and addressed @ Phase 1 • Clarification on procedures for dealing with works funded by non-highway authorities • More emphasis on the transparency of accounts and access of information for audit purposes. • It is now a requirement that discussions will take place following the provision of the C3 budget estimate • Clarification of the risks and responsibilities involved when any of the stages set out in appendix C of the code are omitted by parties. Peter Crouch – Ashington Associates Representing the Water Industry

7. Recent actions • Since WP reconvened in January – • Reviewed all the phase 1 recommendations / changes in the light of legislation and court cases • Made further small changes, further strengthening of intentions, for clarity • Some proposals have been withdrawn as no longer correct following the judgement & appeal Peter Crouch – Ashington Associates Representing the Water Industry

8. Issues deferred or identified for Phase 2 • Major Transport Works & Major Bridge works • Stray Currents • Uncharted Apparatus • Temporary Diversion of apparatus • Re-diversion of apparatus – contribution liability • Collapsed Structures • Greenfield sites Peter Crouch – Ashington Associates Representing the Water Industry

9. Issues deferred or identified for Phase 2 • Necessity for payment in advance • Interest on late Payments • Overhead Percentages • Timescales for challenge audit • ‘Allowability’ of Section 74 charges • Implications of TMA including permit fee application or ‘allowability’ • Implications of Freedom of Information Act Peter Crouch – Ashington Associates Representing the Water Industry

10. Issues deferred or identified for Phase 2 • Apparatus at Shallow Depth • Betterment • Deferment of Renewal • Private Finance Schemes • Works not funded by the Authority • Divert & Not divert – who decides & what justifies • Editorial – document management Peter Crouch – Ashington Associates Representing the Water Industry

11. TMA Impacts / concerns • TMA codes only drafts but some concerns already highlighted might include • Permit issues when undertaking diversionary works • Notice periods compliance to HA controlled projects • Costs of TMA compliance pass through to projects Peter Crouch – Ashington Associates Representing the Water Industry

12. The checked Revised Code target to be ready for HAUC final ‘sign-off’ July 05 • Hope to publish October ‘05 introduce Jan ’06 Future – Phase 1 Peter Crouch – Ashington Associates Representing the Water Industry

13. Future – Phase 2 • Working Party will continue to meet following phase 1 document sign off @ HAUC to review phase 2 issues • Target next draft document phase 2 changes May 2006? – • NOT YET AGREED Peter Crouch – Ashington Associates Representing the Water Industry

14. Summary Peter Crouch – Ashington Associates Representing the Water Industry

15. Main Changes (1) • Revised and updated document • Simplified where possible • Aligned with other recently revised COPs • Glossary updated • Strengthening co-operation statement • Audit trail emphasis • Transparency of accounts Peter Crouch – Ashington Associates Representing the Water Industry

16. Main Changes (2) • Cost sharing & use of agents addressed. • Chapter 9 revisions. • Tackles C3 / C4 issues. • New flow charts and revisions. • Appendix G – non-mandatory ‘best practice’ letters & proforma included. Thank you Peter Crouch – Ashington Associates Representing the Water Industry