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Traffic Management Bill


Traffic Management Bill
Part 2 — Network management by local traffic authorities

12

 

26      

Application of sections 20 to 25 to local traffic authorities exercising functions

jointly

(1)   

The appropriate national authority may by order made by statutory

instrument make provision for the application of sections 20 to 25 (with or

without modifications) in cases where to any extent the performance of the

5

duties under sections 16 and 17 is carried out jointly by two or more local traffic

authorities.

(2)   

A statutory instrument containing an order under this section made by the

Secretary of State is subject to annulment in pursuance of a resolution by either

House of Parliament.

10

27      

Criteria for making intervention orders

The appropriate national authority shall publish guidance about the criteria

which it proposes to apply for the purpose of deciding whether to give an

intervention notice or make an intervention order.

28      

Guidance to traffic directors

15

(1)   

The appropriate national authority may give guidance to traffic directors in

relation to the performance of their duties.

(2)   

Such guidance may be general or given to a particular traffic director.

(3)   

In carrying out his duties a traffic director shall have regard to any guidance

under this section which is applicable to him.

20

(4)   

The appropriate national authority shall publish any guidance given under

this section.

29      

Traffic directors in London

(1)   

Subsections (2) to (4) apply where a traffic director is appointed in relation to a

London authority.

25

(2)   

A copy of any report made by a traffic director to the authority shall be given

to the Mayor.

(3)   

In carrying out his duties the traffic director need not comply with, or have

regard to, any directions or guidance given by the Mayor under Part 4 of the

Greater London Authority Act 1999 (c. 29).

30

(4)   

The duty to comply with a direction given by the traffic director prevails, to the

extent of any inconsistency, over the duty to comply with, or have regard to,

any direction or guidance mentioned in subsection (3).

(5)   

Subsections (6) to (8) apply where a traffic director is appointed in relation to

Transport for London.

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(6)   

If the traffic director—

(a)   

exercises the power of Transport for London under subsection (3) of

section 301A of the Highways Act 1980 (c. 66) to object to a proposal

and does not withdraw that objection, or

(b)   

directs Transport for London to exercise the power to object to a

40

proposal and not to withdraw the objection,

 

 

Traffic Management Bill
Part 2 — Network management by local traffic authorities

13

 

   

that section has effect as if subsections (3)(d) and (4) were omitted.

(7)   

If the traffic director—

(a)   

exercises the power of Transport for London under subsection (3) of

section 121B of the Road Traffic Regulation Act 1984 (c. 27) to object to

a proposal and does not withdraw that objection, or

5

(b)   

directs Transport for London to exercise the power to object to a

proposal and not to withdraw the objection,

   

that section has effect as if subsections (3)(d) and (4) were omitted.

(8)   

While the intervention order to which the appointment relates is in force the

Mayor may not, without the consent of the traffic director, issue a direction

10

under—

(a)   

section 301A(9) of the Highways Act 1980 (c. 66), or

(b)   

section 121B(9) of the Road Traffic Regulation Act 1984,

   

dispensing with any of the requirements mentioned there (whether or not by

varying an existing direction).

15

30      

Recovery of costs from local traffic authorities

(1)   

This section applies where a traffic director has been appointed in respect of a

local traffic authority.

(2)   

The appropriate national authority may recover from the local traffic authority

such sum or sums as it may consider appropriate.

20

(3)   

The amount recovered must not exceed the total expenditure of the national

authority which is attributable to the appointment of the traffic director

(including expenditure towards any costs incurred by the traffic director which

are not met from any other source).

31      

Interpretation of Part 2

25

In this Part—

“appropriate national authority” means—

(a)   

the Secretary of State, as respects England; and

(b)   

the National Assembly for Wales, as respects Wales;

“intervention notice” means a notice under section 20;

30

“intervention order” means an order under section 21;

“local traffic authority” means a traffic authority other than the Secretary

of State or the National Assembly for Wales;

“London authority” means Transport for London, a London borough

Council or the Common Council of the City of London;

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“Mayor” means the Mayor of London;

“road” means any length of highway or of any other road to which the

public has access, and includes bridges over which a road passes;

“road network”, in relation to a local traffic authority, means the network

of roads for which the authority is the traffic authority;

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“traffic” includes pedestrians;

“traffic authority” has the same meaning as in the Road Traffic Regulation

Act 1984;

“network management duty” has the meaning given in section 16(3).

 

 

Traffic Management Bill
Part 3 — Permit Schemes

14

 

Part 3

Permit Schemes

32      

Meaning of “permit scheme”

(1)   

Any reference in this Part to a permit scheme is a reference to a scheme which

is designed to control the carrying out of specified works in specified streets in

5

a specified area.

(2)   

A permit scheme may (in particular) include provision—

(a)   

for or in connection with requiring a permit to be obtained before

specified works are carried out (including provision as to the persons

who are required to obtain permits),

10

(b)   

for or in connection with the issue of permits (including provision with

respect to applications for permits, provision for cases in which there is

to be an entitlement to the issue of a permit and provision with respect

to cases in which permits are to be deemed to be issued),

(c)   

as to cases in which specified works may be carried out without a

15

permit,

(d)   

for or in connection with the imposition of conditions which are to

apply in relation to the carrying out of specified works (including

provision for or in connection with the attachment of such conditions

to permits),

20

(e)   

for or in connection with the review or variation of permits or such

conditions.

(3)   

In this section “specified” means specified, or of a description specified, in a

permit scheme.

33      

Preparation of permit schemes

25

(1)   

A local highway authority, or two or more such authorities acting together,

may prepare and submit to the appropriate national authority a permit

scheme.

(2)   

The appropriate national authority may direct a local highway authority, or

two or more such authorities acting together, to prepare and submit to him a

30

permit scheme which takes such form as he may direct.

(3)   

The appropriate national authority, in its capacity as a highway authority, may

prepare a permit scheme.

(4)   

The Secretary of State, in his capacity as the person with responsibility for the

management and control of streets in the Royal Parks, may prepare a permit

35

scheme in respect of any such streets.

(5)   

Those preparing permit schemes—

(a)   

must comply with permit regulations, and

(b)   

must have regard to any guidance which may be issued by the

appropriate national authority.

40

 

 

Traffic Management Bill
Part 3 — Permit Schemes

15

 

34      

Implementation etc of local highway authority permit schemes

(1)   

This section applies where a permit scheme is prepared and submitted to the

appropriate national authority (“the authority”) in accordance with section

33(1) or (2).

(2)   

The authority may approve the scheme with or without modifications.

5

(3)   

Where it approves the scheme with modifications, references in subsections (4)

and (5) to the scheme are to be read as references to the scheme as so modified.

(4)   

The scheme shall not have effect unless the authority by order gives effect to it.

(5)   

An order under subsection (4)—

(a)   

must set out the scheme and specify the date on which the scheme is to

10

come into effect, and

(b)   

may include provisions which disapply or modify enactments to the

extent specified in the order.

(6)   

The authority may vary any scheme which for the time being has effect under

this section.

15

(7)   

Subsections (4) and (5) are to apply (with appropriate modifications) to a

varied scheme as they apply to an original scheme.

(8)   

The authority may by order revoke any scheme which for the time being has

effect under this section.

35      

Implementation etc of other permit schemes

20

(1)   

This section applies where a permit scheme is prepared in accordance with

section 33(3) or (4).

(2)   

The scheme shall not have effect unless the appropriate national authority

(“the authority”) by order gives effect to it.

(3)   

An order under subsection (2)—

25

(a)   

must set out the scheme and specify the date on which the scheme is to

come into effect, and

(b)   

may include provisions which disapply or modify enactments to the

extent specified in the order.

(4)   

The authority may vary any scheme which for the time being has effect under

30

this section.

(5)   

Subsections (3) and (4) are to apply (with appropriate modifications) to a

varied scheme as they apply to an original scheme.

(6)   

The authority may by order revoke any scheme which for the time being has

effect under this section.

35

36      

Permit regulations

(1)   

The appropriate national authority may by regulations (“permit regulations”)

make provision with respect to the content, preparation, submission, approval,

operation, variation or revocation of permit schemes.

(2)   

Permit regulations may—

40

 

 

Traffic Management Bill
Part 3 — Permit Schemes

16

 

(a)   

set out procedural provisions with which those preparing permit

schemes must comply,

(b)   

set out standard provisions which may or must be included in a permit

scheme,

(c)   

make provision as to the publicity to be given to permit schemes.

5

(3)   

Permit regulations may make provision—

(a)   

with respect to any of the matters mentioned in section 32(2) (including

provision as to the conditions or types of conditions which may be

imposed by virtue of section 32(2)(d)),

(b)   

for the purpose of limiting the streets, or type of streets, which may be

10

the subject of a permit scheme.

(4)   

Permit regulations may make provision—

(a)   

as to the criteria to be taken into account in the case of decisions with

respect to the issue, review or variation of permits or decisions with

respect to the imposition, review or variation of conditions,

15

(b)   

for or in connection with the conferring of a right of appeal in

prescribed cases,

(c)   

as to the action which may be taken if works are carried out without a

permit or if any conditions are not complied with,

(d)   

for or in connection with the creation, in prescribed cases (including

20

prescribed cases where works are carried out without a permit or in

breach of any conditions), of a criminal offence triable summarily and

punishable with a fine not exceeding level 5 on the standard scale,

(e)   

for or in connection with excluding or limiting the liability of

prescribed undertakers in prescribed cases.

25

(5)   

Permit regulations may make provision for or in connection with requiring the

payment of a fee in respect of an application for a permit or the issue of a permit,

including provision as to

(a)   

the amount or maximum amount of any fee,

(b)   

cases in which fees are not to be payable or are to be repaid,

30

(c)   

cases in which fees may be discounted,

(d)   

the time and manner of making payment of fees,

(e)   

the application of sums paid by way of fees.

(6)   

Permit regulations may make provision—

(a)   

for or in connection with the creation and maintenance of registers of

35

permits,

(b)   

with respect to access to information contained in any such registers

(including provision restricting such access).

(7)   

Permit regulations may make provision for or in connection with permitting a

highway authority, or two or more such authorities acting together, to prepare

40

a permit scheme in respect of streets in a particular area which are

maintainable highways notwithstanding that the authority, or those

authorities, are not the highway authority for all or any of those streets.

(8)   

Permit regulations may set out provisions—

(a)   

which disapply or modify enactments, and

45

(b)   

which are to or may apply in the case of permit schemes.

 

 

Traffic Management Bill
Part 3 — Permit Schemes

17

 

(9)   

Nothing in subsections (2) to (8) is to be taken as affecting the generality of

subsection (1).

37      

Crown application

(1)   

This Part and any provisions made under it bind the Crown (but do not affect

Her Majesty in her private capacity or in right of Her Duchy of Lancaster or the

5

Duke of Cornwall).

(2)   

Nothing in subsection (1) is to be construed as authorising the bringing of

proceedings for a criminal offence against a person acting on behalf of the

Crown.

38      

Interpretation of Part 3

10

(1)   

In this Part—

   

“the appropriate national authority” means—

(a)   

the Secretary of State, as respects England, and

(b)   

the National Assembly for Wales, as respects Wales;

   

“condition” is to be construed in accordance with section 32(2);

15

   

“enactment” includes an enactment comprised in subordinate legislation

(within the meaning of the Interpretation Act 1978 (c. 30));

   

“highway authority” and “local highway authority” have the same

meaning as in the Highways Act 1980 (c. 66);

   

“maintainable highway” has the same meaning as in Part 3 of the New

20

Roads and Street Works Act 1991 (c. 22);

   

“permit” is to be construed in accordance with section 32(2);

   

“permit scheme” is to be construed in accordance with section 32;

   

“permit regulations” is to be construed in accordance with section 36;

   

“prescribed” means prescribed, or of a description prescribed, by

25

regulations made by the appropriate national authority;

   

“Royal Park” means any park to which the Parks Regulation Act 1872

(c. 15) applies (see sections 1 and 3 of the Parks Regulation

(Amendment) Act 1926 (c. 36));

   

“street” means a street (within the meaning of Part 3 of the New Roads

30

and Street Works Act 1991)—

(a)   

which is a maintainable highway, or

(b)   

which is situated in a Royal Park;

   

“street works” has the meaning given by section 48(3) of the New Roads

and Street Works Act 1991;

35

   

“undertaker” has the same meaning as in Part 3 of that Act;

   

“works” means—

(a)   

prescribed street works, and

(b)   

such other works or activities as may be prescribed,

   

but activities may not be prescribed under paragraph (b) unless they

40

are, or correspond to, activities which are regulated or controlled by the

Highways Act 1980.

(2)   

An order or regulations under this Part—

(a)   

may make different provision for different cases,

(b)   

may include incidental, supplemental, consequential or transitional

45

provision or savings.

 

 

Traffic Management Bill
Part 4 — Street works

18

 

(3)   

A power to make an order or regulations under this Part is exercisable by

statutory instrument.

(4)   

A statutory instrument containing regulations under this Part made by the

Secretary of State is subject to annulment in pursuance of a resolution of either

House of Parliament.

5

Part 4

Street works

Enforcement

39      

Increase in penalties for summary offences under 1991 Act

(1)   

The maximum fine for each offence under a provision of the New Roads and

10

Street Works Act 1991 (c. 22) (in this Part referred to as “the 1991 Act”) listed in

column 1 of the table in Schedule 1 is increased from level 3 on the standard

scale to the level specified for that provision in column 3 of the table.

(2)   

Accordingly, in each provision so listed, for “level 3” there is substituted “level

4” or “level 5” (as specified in column 3 of the table).

15

(3)   

In section 70(6) of the 1991 Act, for the words from “to a” to the end there is

substituted—

“(a)   

in the case of an offence consisting of a failure to comply with

subsection (3) or (4A), to a fine not exceeding level 4 on the

standard scale; and

20

(b)   

in any other case, to a fine not exceeding level 5 on that scale.”

(4)   

In section 74(7B) and 74A(11) of the 1991 Act (maximum fine for offences in

regulations in respect of failure to comply with notice requirement) for “level

3” there is substituted “level 4”.

(5)   

In section 88(6) of the 1991 Act (failure to comply with duties relating to street

25

works affecting the structure of a bridge) for the words from “to a” to the end

there is substituted—

“(a)   

in the case of an offence consisting of a failure to take all

reasonably practicable steps to comply with subsection (5)(a), to

a fine not exceeding level 4 on the standard scale; and

30

(b)   

in any other case, to a fine not exceeding level 5 on that scale.”

40      

Fixed penalty offences

(1)   

After section 95 of the 1991 Act (offences) there is inserted—

“95A    

Fixed penalties for certain offences under this Part

(1)   

Any offence under this Part relating to any street works which is listed

35

in the first column of Schedule 4A (and described in general terms in

the second column) is a fixed penalty offence for the purposes of this

Part.

(2)   

Offences listed in that Schedule which are committed by virtue of

section 166 (offences by bodies corporate and Scottish partnerships) are

40

not fixed penalty offences.

 

 

 
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