1. ASHINGTON ASSOCIATES Diversionary Works Code of Practice - Update ‘Back to the Future’ @ STREET WORKS 2005 NEW RULES, NEW TECHNOLOGY, A NEW TOMORROW? 18 th / 19 th May 2005 Cardiff International Arena

2. ASHINGTON ASSOCIATES Diversionary Works Code of Practice - Update May 2005 Peter Crouch – Ashington Associates Representing the Water Industry 2 –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. Diversionary Works Code of Practice - Back to the future?

3. ASHINGTON ASSOCIATES Diversionary Works Code of Practice - Update May 2005 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

4. ASHINGTON ASSOCIATES Diversionary Works Code of Practice - Update May 2005 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)

5. ASHINGTON ASSOCIATES Diversionary Works Code of Practice - Update May 2005 Peter Crouch – Ashington Associates Representing the Water Industry 5 –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. Issues identified and addressed @ Phase 1

6. ASHINGTON ASSOCIATES Diversionary Works Code of Practice - Update May 2005 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.

7. ASHINGTON ASSOCIATES Diversionary Works Code of Practice - Update May 2005 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

8. ASHINGTON ASSOCIATES Diversionary Works Code of Practice - Update May 2005 Peter Crouch – Ashington Associates Representing the Water Industry 8 –Major Transport Works & Major Bridge works –Stray Currents –Uncharted Apparatus –Temporary Diversion of apparatus –Re-diversion of apparatus – contribution liability –Collapsed Structures –Greenfield sites Issues deferred or identified for Phase 2

9. ASHINGTON ASSOCIATES Diversionary Works Code of Practice - Update May 2005 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

10. ASHINGTON ASSOCIATES Diversionary Works Code of Practice - Update May 2005 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

11. ASHINGTON ASSOCIATES Diversionary Works Code of Practice - Update May 2005 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

12. ASHINGTON ASSOCIATES Diversionary Works Code of Practice - Update May 2005 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

13. ASHINGTON ASSOCIATES Diversionary Works Code of Practice - Update May 2005 Peter Crouch – Ashington Associates Representing the Water Industry 13 –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 Future – Phase 2

14. ASHINGTON ASSOCIATES Diversionary Works Code of Practice - Update May 2005 Peter Crouch – Ashington Associates Representing the Water Industry 14 Summary

15. ASHINGTON ASSOCIATES Diversionary Works Code of Practice - Update May 2005 Peter Crouch – Ashington Associates Representing the Water Industry 15 –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 Main Changes (1)

16. ASHINGTON ASSOCIATES Diversionary Works Code of Practice - Update May 2005 Peter Crouch – Ashington Associates Representing the Water Industry 16 –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. Main Changes (2)