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Traffic Management Bill


Traffic Management Bill
Part 4 — Street works

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(3)   

The Secretary of State may by order modify that Schedule so as to

provide for offences under this Part relating to any street works to

become (or cease to be) fixed penalty offences.

(4)   

Such an order may not be made unless a draft of the order has been laid

before and approved by resolution of each House of Parliament.

5

(5)   

Schedule 4B (which makes provision about fixed penalties for fixed

penalty notices) has effect.”

(2)   

In section 97 of that Act (service of notices etc.) after subsection (2) there is

inserted—

“(3)   

References in this section to notices authorised to be given or served for

10

the purposes of this Part include a reference to penalty charge notices

under Schedule 4B to this Act or Schedule 22B to the Highways Act

1980.”

(3)   

In section 106 of that Act (index for Part 3), the following entry is inserted in the

appropriate place-

15

 

“fixed penalty offence

section 95A(1)”.

 

(4)   

After Schedule 4 to that Act there is inserted Schedules 4A and 4B as set out in

Schedules 2 and 3 to this Act.

Co-ordination of works by street authority

41      

Duty of street authority to co-ordinate works

20

(1)   

Section 59 of the 1991 Act (general duty of street authority to co-ordinate

works) is amended as follows.

(2)   

In subsection (1) after “purposes)” there is inserted “and the carrying out of

relevant activities”.

(3)   

In subsection (2) after “works” there is inserted “or relevant activities”.

25

(4)   

After subsection (6) there is inserted—

“(7)   

In this section “relevant activities” means any activity, other than the

execution of works in the street or the use of the street by traffic

(including pedestrians), which—

(a)   

involves the temporary occupation or use of space in a street;

30

(b)   

is subject to regulation by the street authority by virtue of

provision made by or under any Act other than this Act; and

(c)   

is prescribed by regulations made by the Secretary of State.”

Direction-making powers

42      

Directions relating to timing of street works

35

(1)   

Section 56 of the 1991 Act (power to give directions as to timing of street works)

is amended as follows.

 

 

Traffic Management Bill
Part 4 — Street works

20

 

(2)   

In subsection (1)—

(a)   

in paragraph (b), after “at certain times” there is inserted “or on certain

days (or at certain times on certain days)”;

(b)   

after “the times” there is inserted “or days (or both)”.

(3)   

After subsection (1) there is inserted—

5

“(1A)   

Where it appears to a street authority—

(a)   

that subsisting street works are causing or are likely to cause

serious disruption to traffic, and

(b)   

that the disruption would be avoided or reduced if the works

were to continue to be carried out only at certain times or on

10

certain days (or at certain times on certain days),

   

the authority may give the undertaker such directions as may be

appropriate as to the times or days (or both) when the works may or

may not continue to be carried out.”

(4)   

After subsection (3) there is inserted—

15

“(3A)   

An undertaker shall be taken not to have failed to fulfil any statutory

duty to afford a supply or service if, or to the extent that, his failure is

attributable to a direction under this section.”

43      

Directions as to placing of apparatus

In the 1991 Act, after section 56 there is inserted—

20

“56A    

   Power to give directions as to placing of apparatus

(1)   

Where—

(a)   

an undertaker is proposing to execute street works consisting of

the placing of apparatus in a street (“street A”),

(b)   

placing the apparatus in street A is likely to cause disruption to

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traffic, and

(c)   

it appears to the street authority that—

(i)   

there is another street (“street B”) in which the apparatus

could be placed, and

(ii)   

the conditions in subsection (2) are satisfied,

30

   

the authority may by direction require the undertaker not to place the

apparatus in street A (but may not require him to place the apparatus

in street B).

(2)   

The conditions referred to in subsection (1)(c) are that—

(a)   

disruption to traffic would be avoided or reduced if the

35

apparatus were to be placed in street B;

(b)   

placing the apparatus in street B would be a reasonable way of

achieving the purpose for which the apparatus is to be placed;

and

(c)   

it is reasonable to require the undertaker not to place the

40

apparatus in street A.

(3)   

A direction under this section may be varied or revoked by a further

such direction.

(4)   

The procedure for giving a direction under this section shall be

prescribed by the Secretary of State.

45

 

 

Traffic Management Bill
Part 4 — Street works

21

 

(5)   

The Secretary of State may by regulations make provision for appeals

against directions under this section, including provision as to the

procedure to be followed on an appeal.

(6)   

An undertaker who executes works in contravention of a direction

under this section commits an offence and is liable on summary

5

conviction to a fine not exceeding level 5 on the standard scale.

(7)   

An undertaker shall be taken not to have failed to fulfil any statutory

duty to afford a supply or service if, or to the extent that, his failure is

attributable to a direction under this section.

(8)   

The Secretary of State may issue or approve for the purposes of this

10

section a code of practice giving practical guidance as to the exercise by

street authorities of the power conferred by this section; and in

exercising that power a street authority shall have regard to the code of

practice.”

Records and information

15

44      

The street works register

(1)   

Section 53 of the 1991 Act (the street works register) is amended as follows.

(2)   

In subsection (1)—

(a)   

after “respect to” (in the second place they appear) there is inserted

“(a)”; and

20

(b)   

at the end there is added “; and

(b)   

such descriptions of—

(i)   

apparatus placed, or proposed to be placed, in

the street,

(ii)   

builder’s skips (within the meaning of section

25

139 of the Highways Act 1980 (c. 66))), or of

building materials, rubbish or other things

deposited, or proposed to be deposited, in the

street; or

(iii)   

scaffolding or other structures which are erected,

30

or proposed to be erected, in the street,

   

as may be prescribed.”

(3)   

After subsection (4) there is inserted—

“(4A)   

In subsection (4) “central register” means a register covering the areas

of two or more street authorities.”

35

(4)   

After subsection (5) there is inserted—

“(5A)   

In particular the Secretary of State may require a street authority to

share information in their possession with a person appointed to keep

a central register which discharges the duties of that authority under

this section.”

40

45      

Records of location of apparatus

(1)   

Section 79 of the 1991 Act (records of location of apparatus) is amended as

follows.

 

 

Traffic Management Bill
Part 4 — Street works

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(2)   

After subsection (1) there is inserted—

“(1A)   

An undertaker may, except in such cases as may be prescribed, include

in his records under subsection (1) a record of the location of any item

of apparatus belonging to him which is not required to be so included,

stating the nature of the apparatus and (if known) whether it is for the

5

time being in use.”

(3)   

After subsection (2) there is inserted—

“(2A)   

Regulations under subsection (2) which alter the form or manner in

which the records are to be kept may apply to records made before (as

well as records made after) the alterations take effect.”

10

(4)   

After subsection (3) there is inserted—

“(3A)   

In subsections (2) to (3) the references to an undertaker’s records are to

the records kept by him under subsection (1) (including anything

included in those records by virtue of any provision of this Act or any

other enactment).”

15

46      

Duties relating to the location of unexpected apparatus

(1)   

Section 80 of the 1991 Act (duties where person finds unidentified apparatus)

is amended as follows.

(2)   

In subsection (1) for “made available by the undertaker” there is substituted

“kept by the undertaker under section 79(1) and made available by him”.

20

(3)   

After subsection (1) there is inserted—

“(1A)   

Subsection (1) has effect subject to such exceptions as may be

prescribed.”

(4)   

For subsections (2) and (3) there is substituted—

“(2)   

Where a person executing works of any description in the street finds

25

apparatus which does not belong to him and is unable, after taking

such steps as are reasonably practicable, to ascertain to whom the

apparatus belongs, he shall comply with such requirements (if any) as

may be prescribed for the purpose of securing that he—

(a)   

makes and keeps a record of the location of the apparatus and

30

(so far as appears from external inspection) its nature and

whether it is in use; and

(b)   

informs the street authority or any other person of those

matters.

(2A)   

Regulations under subsection (2) may make provision—

35

(a)   

as to the form and manner in which records are to be kept;

(b)   

as to the form and manner in which, or the time at or by which,

information is to be given; and

(c)   

for records which are to be kept by undertakers to be included

in the records kept by them under section 79(1).”

40

(5)   

In subsection (4) for “(2)” there is substituted “any requirement imposed on

him by regulations under subsection (2)”.

 

 

Traffic Management Bill
Part 4 — Street works

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(6)   

After subsection (4) there is added—

“(5)   

The Secretary of State may by regulations make provision for and in

connection with the keeping (whether by the Secretary of State or a

person with whom he has made appropriate arrangements) of a

register of information recorded by undertakers in pursuance of a

5

requirement imposed under subsection (2).

(6)   

Regulations under subsection (5) may make provision about the

inspection of the register by any person having authority to execute

works of any description in the street or otherwise appearing to the

person responsible for keeping the register to have a sufficient interest.”

10

47      

Duty to inspect records

After section 53 of the 1991 Act (the street works register) there is inserted—

“53A    

Duty to inspect records

(1)   

The Secretary of State may make provision by regulations requiring an

undertaker proposing to execute street works of a prescribed

15

description to inspect prescribed statutory records before commencing

the street works.

(2)   

The regulations may provide for the manner in which an inspection of

any statutory records is to be carried out.

(3)   

The regulations may prescribe evidence which may be relied on by the

20

undertaker to demonstrate that he has carried out an inspection

required by the regulations.

(4)   

The regulations may in particular require the undertaker—

(a)   

to be in possession of prescribed evidence before commencing

the street works; and

25

(b)   

to produce, in such manner as may be prescribed, prescribed

evidence to the street authority either at the request of the

authority or at or by such time as may be prescribed.

(5)   

The regulations may provide for the cases or circumstances in which a

requirement under subsection (1) or (4) does or does not apply.

30

(6)   

The regulations may create a summary offence, punishable with a fine

not exceeding level 5 on the standard scale, in respect of any

contravention by an undertaker of a requirement of the regulations.

(7)   

In this section “statutory record” means any register or other record

kept in pursuance of a requirement imposed by—

35

(a)   

an enactment; or

(b)   

a licence or other instrument having effect under or by virtue of

an enactment.”

Miscellaneous

48      

Qualifications of supervisors and operatives

40

(1)   

Section 67 of the 1991 Act (qualifications of supervisors and operatives) is

amended as follows.

 

 

Traffic Management Bill
Part 4 — Street works

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(2)   

After subsection (1) there is inserted—

“(1A)   

A street authority may (unless the case is one excepted from subsection

(1)) by notice require an undertaker executing street works—

(a)   

to notify them of the name of—

(i)   

the person who is currently the qualified supervisor

5

required by subsection (1); and

(ii)   

each person who has previously been the qualified

supervisor so required; and

(b)   

to provide them with such evidence of the requisite

qualification of each person named as may be prescribed.”

10

(3)   

After subsection (2) there is inserted—

“(2A)   

A street authority may (unless the case is one excepted from subsection

(2)) by notice require an undertaker executing street works—

(a)   

to notify them of the name of—

(i)   

a person whose presence on site at any time specified in

15

the notice (being a time when the works were in

progress) enabled the undertaker to comply with his

duty under subsection (2); or

(ii)   

each person whose presence on site during the progress

of the works enabled the undertaker to comply with his

20

duty in subsection (2); and

(b)   

to provide them with such evidence of the requisite

qualification of each person named as may be prescribed.

(2B)   

A notice under subsection (1A) or (2A) may be given at any time while

the works are being executed or within such period after their

25

completion as may be prescribed.

(2C)   

The undertaker shall comply with a notice under subsection (1A) or

(2A) within such period as may be prescribed.”

(4)   

In subsection (3) for “or (2)” there is substituted “, (2) or (2C)”.

(5)   

In subsection (4), after paragraph (b) there is inserted “and

30

“(c)   

the form of any document to be issued by an approved body to

certify or otherwise show that a qualification has been conferred

on any person.”

49      

Works following substantial road works

(1)   

Section 58 of the 1991 Act (restriction on works following substantial road

35

works) is amended as specified in subsections (2) to (7).

(2)   

In subsection (1), for the words “twelve months” there is substituted

“prescribed period”.

(3)   

In subsection (2), after “prescribed” insert “form and”.

(4)   

In subsection (4), for paragraphs (a) and (b) there is substituted “within such

40

period as may be prescribed”.

(5)   

In subsection (6), at the beginning of paragraph (b) there is inserted “if he is

convicted of an offence under this subsection”.

 

 

Traffic Management Bill
Part 4 — Street works

25

 

(6)   

In subsection (7), for “by arbitration” there is substituted “in the prescribed

manner”.

(7)   

After that subsection there is inserted—

“(7A)   

Regulations under subsection (7) may in particular make provision for

the question referred to in that subsection to be settled—

5

(a)   

by arbitration;

(b)   

by a person designated by the Secretary of State on appeal by

the undertaker.”

(8)   

In section 55 of the 1991 Act (notice of starting date of works), in subsection (2),

after “works,” there is inserted “or in cases where the undertaker has been

10

given notice under section 58(1),”.

50      

Restriction on works following substantial street works

(1)   

After section 58 of the 1991 Act there is inserted—

“58A    

Restriction on works following substantial street works

Schedule 3A shall have effect.”

15

(2)   

After Schedule 3 to that Act there is inserted Schedule 3A as set out in Schedule

4 to this Act.

   

51      

Notices requiring remedial works relating to reinstatements

(1)   

In section 72 of the 1991 Act (powers of street authority in relation to

20

reinstatement)—

(a)   

in subsection (3), for “of not less than 7 working days” there is

substituted “, not being less than such period as may be prescribed,”;

and

(b)   

after subsection (3) there is inserted—

25

“(3A)   

Different minimum periods may be prescribed under

subsection (3) for different descriptions of remedial works; and

cases may be prescribed in which no minimum period applies.”

(2)   

In section 90 of the 1991 Act (powers of street authority in relation to

reinstatement of sewers, etc.)—

30

(a)   

in subsection (2), for “of not less than 7 working days” there is

substituted “, not being less than such period as may be prescribed,”;

and

(b)   

after subsection (2) there is inserted—

“(2A)   

Different minimum periods may be prescribed under

35

subsection (2) for different descriptions of remedial works; and

cases may be prescribed in which no minimum period applies.”

52      

Duty to notify street authority of reinstatement

(1)   

Section 70 of the 1991 Act (duty of undertaker to reinstate) is amended as

follows.

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