Commentary on Sections Part 4 : Street Works Section 58: Inspection fees
163.Section 58 widens the regulation making powers of the Secretary of State in relation to the setting of fees for the inspection of utilities' works. Section 72(2) of NRSWA provides for the circumstances where a street authority inspects an undertaker's work and finds that the undertaker has failed to carry out his duty to properly reinstate the street. In these circumstances, the undertaker is required to meet the cost of three inspections: a joint inspection with the authority to see what action is needed to remedy the fault, an inspection during the 'remedial' works and another at their completion.
164.Subsection (1) adds new subsections (2A) and (2B) to section 72 of NRSWA, which allow the Secretary of State to prescribe a fee for each of the three types of inspections. If he does so, the undertaker is obliged to pay the prescribed fee rather than the cost of the inspection. The fee may vary according to the nature of the inspection required, how extensive it is, the place where it is carried out, or any other factor that appears relevant to the Secretary of State.
165.Subsection (2) substitutes a new section 75 of NRSWA, widening the scope of the Secretary of State’s regulation making power. The new section 75(3) will enable the regulations to differentiate between different descriptions of street authority and undertaker. It also allows for different provision to be made according to their previous performance. Regulations can prescribe how and over what period an undertaker's previous performance would be assessed. The new section 75(5) enables regulations to prescribe the disputes which are required to be settled by arbitration.