Commentary on Sections Part 4 : Street Works Section 57: Contributions to costs of re-surfacing by undertaker
161.Section 57 inserts a new section 78A into NRSWA which deals with the contributions to costs in relation to resurfacing work by undertakers. It provides for street authorities to pay contributions to the undertaker carrying out the resurfacing as well as for contributions from other undertakers who have carried out reinstatements in that part of the street. It also provides for those other undertakers to pay contributions to the street authority if the undertaker served with a re-surfacing notice elects instead to make a payment to the authority, which then carries out the work. In either case, contributions may only be sought from undertakers who carry out works after the commencement of this section. Undertakers will be subject to the provisions from that time, irrespective of whether or not any regulations have been made by the Secretary of State (in England) or the National Assembly for Wales (in Wales) under this section.
162.The section enables regulations to set out:
	how the contributions to the costs of re-surfacing are calculated;
	the method of payment (including provision for the manner of payment and payment by instalments);
	the period from which payments are required to be made;
	how undertakers are to be informed by the street authority that they are required to make a contribution to the costs of re-surfacing;
	the extent to which the street authority is required to make up any contributions that cannot be recovered as a result of the insolvency of an undertaker;
	requirements that disputes of a prescribed description are to be determined in such a manner and by such persons as provided for in the regulations; and
	provisions to deal with cases where an undertaker has already made, or is liable to make, a payment to the authority under section 78 of NRSWA (contributions to making good the cost of long-term damage).