Traffic Management Bill

House of Commons

Session 2003 - 04
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Other Bills before Parliament

Traffic Management Bill

Traffic Management Bill
Part 4 — Street works
26

(2)
After subsection (1) there is inserted—
“(1A)
The reinstatement required by subsection (1) may be permanent or
interim.”
(3)
For subsections (3) and (4) there is substituted—
“(3)
He shall within 7 working days from the date on which the
5
reinstatement is completed give notice to the street authority of that
completion—
(a)
stating whether the reinstatement is permanent or interim; and
(b)
giving such other information about the reinstatement as may
be prescribed.
10
(4)
If the reinstatement is interim, he shall complete the permanent
reinstatement of the street as soon as reasonably practicable, and in any
event within 6 months from the date on which the interim
reinstatement was completed.
(4A)
He shall, within 7 working days from the date on which the permanent
15
reinstatement required by subsection (4) is completed, give notice to
the street authority of that completion, giving such other information
about the reinstatement as may be prescribed.
(4B)
The Secretary of State may by regulations modify the period specified
in subsection (3), (4) or (4A).”
20
53
Power of street authority to require undertaker to re-surface street
(1)
After section 73 of the 1991 Act there is inserted—
“Re-surfacing
73A
Power to require undertaker to re-surface street
(1)
In prescribed circumstances, the street authority for a street may by
25
notice (a “re-surfacing notice”) require an undertaker within subsection
(2) to execute such re-surfacing works in the street as may be specified
in the notice.
(2)
An undertaker is within this subsection if—
(a)
he has given notice under section 54 or 55 of proposed street
30
works,
(b)
he is executing street works, or
(c)
he has, within such period ending with the giving of the notice
as may be prescribed (or if no period is prescribed, at any time),
executed street works,
35

and the works will involve, involve or (as the case may be) involved the
breaking up of any part of the street.
(3)
The works specified in the re-surfacing notice may relate to any part of
the street (including any part not, and not to be, broken up by the
undertaker); but regulations may restrict the extent of the works that
40
may be so specified.
(4)
The re-surfacing notice relieves the undertaker to the extent (if any)
specified in the notice of his duty under section 70 to reinstate the

Traffic Management Bill
Part 4 — Street works
27

surface of the street; but regulations may restrict the circumstances in
which and the extent to which undertakers may be relieved of that
duty.
(5)
The street authority may by notice to the undertaker vary or withdraw
a re-surfacing notice; but regulations may restrict the circumstances in
5
which notices may be varied or withdrawn.
(6)
A street authority may serve a re-surfacing notice notwithstanding that
the authority (in any capacity) are under a duty to undertake any of the
works specified in the notice.
(7)
In this Part—
10

“re-surfacing notice” has the meaning given by subsection (1);

“re-surfacing works” means any works relating to the replacement
of the surface of any part of a street;

“surface” includes a paved surface.
73B
Power to specify timing etc. of re-surfacing
15
(1)
A re-surfacing notice may require an undertaker to—
(a)
execute the works specified in the notice in stages so specified;
(b)
begin the execution of those works (or any stage of them) at or
by a date and time so specified;
(c)
execute those works (or any stage of them) at times or on days
20
(or at times on days) so specified;
(d)
complete the execution of those works (or any stage of them) by
a date and time so specified.
(2)
The Secretary of State may by regulations make provision restricting, in
some or all cases, the power to include requirements within subsection
25
(1), including provision that—
(a)
requires a street authority to consult an undertaker before a
prescribed description of requirement is included in a notice;
(b)
provides that any date specified in a notice for the beginning,
execution or completion of works shall not be earlier than a
30
prescribed period from the date on which the notice is given.
73C
Materials, workmanship and standard of re-surfacing
(1)
An undertaker who has been served with a re-surfacing notice shall,
when executing the works specified in the notice, comply with such
requirements as may be prescribed as to the specification of materials
35
to be used and the standards of workmanship to be observed.
(2)
He shall also ensure that those works conform to such performance
standards as may be prescribed, for the prescribed period after
completion of the works.”
(2)
In section 106 of that Act—
40
(a)
after the entry for relevant authority (in relation to street works) there
is inserted—

“re-surfacing notice
section 73A(7)

re-surfacing works
section 73A(7)”;

Traffic Management Bill
Part 4 — Street works
28

(b)
after the entry for street works licence there is inserted—

“surface
section 73A(7)”.

54
Re-surfacing: regulations and guidance
After section 73C of the 1991 Act there is inserted—
“73D
Re-surfacing: regulations
5
(1)
The Secretary of State may make regulations supplementing sections
73A to 73C.
(2)
The regulations may in particular—
(a)
make provision about the information to be contained in a re-
surfacing notice (including the way in which re-surfacing
10
works are to be described);
(b)
prescribe, for cases where a re-surfacing notice may be served
on more than one undertaker, the matters that a street authority
shall take into account when selecting the undertaker to be
served with the notice;
15
(c)
impose a requirement on an undertaker, in prescribed
circumstances, to give notice to the street authority of a
prescribed event;
(d)
prescribe circumstances in which an undertaker is entitled to pay a
sum to the street authority instead of executing the works specified in
20
a re-surfacing notice, and make provision about the manner in which
such sums are to be calculated;
(e)
confer a right of review or appeal against a re-surfacing notice
or any requirement contained in it, and may make provision
about the period within which and manner in which any such
25
right may be exercised and about the determination of appeals
and the persons who may determine them;
(f)
require disputes of a prescribed description (including disputes
as to the existence of circumstances prescribed under section
73A(1)) to be determined in such manner and by such persons
30
as may be prescribed;
(g)
apply any provisions of this Part or the Highways Act 1980
(c. 66), with or without modifications, in relation to works
specified in a re-surfacing notice (and provide that for those
purposes the works are to be treated as street works or works of
35
any other description).
(3)
The regulations may create in respect of any breach of a requirement
imposed by a re-surfacing notice or of the duty imposed by section 73C,
or any contravention of the regulations, an offence punishable on
summary conviction—
40
(a)
where the offence consists of a failure to give a notice in
accordance with the regulations, with a fine not exceeding level
4 on the standard scale;
(b)
in any other case, with a fine not exceeding level 5 on the
standard scale.
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Traffic Management Bill
Part 4 — Street works
29

(4)
The first regulations under this section or any of sections 73A to 73C
shall not be made unless a draft of them has been laid before and
approved by a resolution of each House of Parliament; subsequent
regulations shall be subject to annulment in pursuance of a resolution
of either House of Parliament.
5
73E
Re-surfacing: guidance
(1)
The Secretary of State may, for the purposes of sections 73A to 73D
(including regulations under those sections), issue or approve a code of
practice giving practical guidance as to the exercise of powers and the
discharge of duties under those sections.
10
(2)
In exercising those powers and in discharging those duties, street
authorities and undertakers shall have regard to the code of practice.”
55
Contributions to costs of re-surfacing by undertaker
(1)
After section 78 of the 1991 Act there is inserted—
“78A
Contributions to costs of re-surfacing by undertaker
15
(1)
Where a street authority has given a re-surfacing notice to an undertaker
(A)—
(a)
the authority shall pay to A a proportion, calculated in the prescribed
manner, of the costs reasonably incurred by A in executing the works
specified in the notice;
20
(b)
an undertaker to whom subsection (2) applies shall pay to A a
proportion, calculated in the prescribed manner, of those costs.
(2)
This subsection applies to an undertaker if—
(a)
he has, before the completion of the works specified in the
notice, executed street works which involved the breaking up of
25
any part of a street, and
(b)
the works specified in the notice include the re-surfacing of that
part of the street.
(3)
The Secretary of State may by regulations prescribe exceptions to the
duty imposed by subsection (1)(b).
30
(4)
The payments referred to in subsection (1) shall be made in such
instalments and manner, and within such period of such event, as may
be prescribed.
(5)
The Secretary of State may by regulations make provision requiring
disputes of a prescribed description (including disputes as to whether
35
subsection (2) applies to an undertaker) to be determined in such
manner and by such persons as may be prescribed.
(6)
For the purposes of this section, any costs incurred by an undertaker
(including any costs of a street authority which are borne by the
undertaker) in consequence of a failure by the undertaker to comply
40
with any duty under this Part shall be treated as having been incurred
unreasonably.
(7)
The first regulations under this section shall not be made unless a draft
of them has been laid before and approved by a resolution of each

Traffic Management Bill
Part 5 — Highways and roads
30

House of Parliament; subsequent regulations shall be subject to
annulment in pursuance of a resolution of either House of Parliament.”
(2)
In section 96 of the 1991 Act, in subsection (3), after “street)” there is inserted
“or 78A (contributions to costs of re-surfacing by undertakers)”.
Part 5
5
Highways and roads
Strategic roads in London
56
Strategic roads in London: initial designation by Secretary of State
(1)
The Secretary of State may by order made by statutory instrument designate
roads and proposed roads in Greater London, other than roads for which the
10
Secretary of State or Transport for London is the traffic authority, as strategic
roads for the purposes of—
(a)
section 301A of the 1980 Act, and
(b)
section 121B of the 1984 Act.
(2)
Any road or proposed road so designated shall become a strategic road as from
15
such date as may be specified in the order.
(3)
No order under subsection (1) may be made in respect of a road or proposed
road in a London borough if an order under that subsection has been made in
respect of any other road or proposed road in that borough.
(4)
In this section and section 57—
20
(a)
“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;
(b)
“strategic road” means a road which is for the time being a strategic
road by virtue of an order under subsection (1) or section 57(1);
(c)
“traffic authority” has the same meaning as in the 1984 Act.
25
(5)
For the purposes of this section and section 57—
(a)
the City of London shall be treated as if it were a London borough;
(b)
the Common Council shall be treated as if it were the council for a
London borough;
(c)
the Inner Temple and the Middle Temple shall be treated as forming
30
part of the City.
(6)
In this Part—

“the 1980 Act” means the Highways Act 1980 (c. 66);

“the 1984 Act” means the Road Traffic Regulation Act 1984 (c. 27).
(7)
A statutory instrument containing an order under this section is subject to
35
annulment in pursuance of a resolution of either House of Parliament.
57
Orders of the Greater London Authority changing what are strategic roads
(1)
If the Mayor of London considers it expedient that any road or proposed road
in Greater London, other than a road for which the Secretary of State or
Transport for London is the traffic authority, should become a strategic road
40

Traffic Management Bill
Part 5 — Highways and roads
31

then the Greater London Authority may by order direct that the road or
proposed road shall become a strategic road.
(2)
Subject to subsection (3), an order under subsection (1) takes effect on such date
as may be specified in the order.
(3)
An order under subsection (1) is of no effect unless—
5
(a)
it is made with the consent of the council for the London borough in
which the road is situated (or proposed road is to be situated), or
(b)
if that consent is refused, it is confirmed (with or without
modifications) by the Secretary of State.
(4)
If the Mayor considers it expedient that any strategic road should cease to be
10
such a road then the Greater London Authority may by order direct that the
road shall cease to be such a road.
(5)
An order under subsection (4) takes effect on such date as may be specified in
the order.
(6)
The functions of the Greater London Authority under this section are functions
15
exercisable by the Mayor acting on its behalf.
(7)
Section 124C of the 1984 Act (certification and records) applies in relation to
strategic roads as it applies in relation to GLA side roads.
58
London borough council exercising powers under Highways Act 1980 so as to
affect strategic roads
20
(1)
Section 301A of the 1980 Act (London borough council exercising powers
under that Act so as to affect certain roads) is amended as follows.
(2)
In subsection (1)—
(a)
at the end of paragraph (a) there is inserted—
“(aa)
a strategic road,”;
25
(b)
in paragraph (b), after “borough” there is inserted “other than a GLA
road or strategic road”.
(3)
In subsection (3)(a), for the words from “by Transport for London” to the end
there is substituted “—
(i)
in the case of a GLA road, by Transport for London;
30
(ii)
in the case of a strategic road, by Transport for London
and, where the road concerned is in another London
borough, the council for that borough;
(iii)
in the case of a road within subsection (1)(b), by the
London borough council concerned; or”.
35
(4)
After subsection (3) there is inserted—
“(3A)
References in paragraphs (b) to (d) of subsection (3) to objections are to
objections made by a person who, in the circumstances, has the power
to give an approval under paragraph (a) of that subsection.”
(5)
In subsection (5)(a), for the words from “a GLA road” to the end there is
40
substituted “—
(i)
a GLA road,
(ii)
a strategic road, or

Traffic Management Bill
Part 5 — Highways and roads
32

(iii)
a road in another London borough other than a GLA
road or strategic road, and”.
(6)
In subsection (10)—
(a)
in paragraph (b), at the end there is inserted “or strategic roads”;
(b)
in paragraph (c), for “neither GLA roads nor” there is substituted “not
5
GLA roads, strategic roads or”.
(7)
After subsection (16) there is inserted—
“(17)
In this section “strategic road” has the meaning given by section 56 of
the Traffic Management Act 2003.”
59
London borough council exercising powers under Road Traffic Regulation
10
Act 1984 so as to affect strategic roads
(1)
Section 121B of the 1984 Act (London borough council exercising powers under
that Act so as to affect certain roads) is amended as follows.
(2)
In subsection (1)—
(a)
at the end of paragraph (a) there is inserted—
15
“(aa)
a strategic road,”;
(b)
in paragraph (b), after “borough” there is inserted “other than a GLA
road or strategic road”.
(3)
In subsection (3)(a), for the words from “by Transport for London” to the end
there is substituted “—
20
(i)
in the case of a GLA road, by Transport for London;
(ii)
in the case of a strategic road, by Transport for London
and, where the road concerned is in another London
borough, the council for that borough;
(iii)
in the case of a road within subsection (1)(b), by the
25
London borough council concerned; or”.
(4)
After subsection (3) there is inserted—
“(3A)
References in paragraphs (b) to (d) of subsection (3) to objections are to
objections made by a person who, in the circumstances, has the power
to give an approval under paragraph (a) of that subsection.”
30
(5)
In subsection (5)(a), for the words from “a GLA road” to the end there is
substituted “—
(i)
a GLA road,
(ii)
a strategic road, or
(iii)
a road in another London borough other than a GLA
35
road or strategic road, and”.
(6)
In subsection (10)—
(a)
in paragraph (b), at the end there is inserted “or strategic roads”;
(b)
in paragraph (c), for “neither GLA roads nor” there is substituted “not
GLA roads, strategic roads or”.
40
(7)
After subsection (12) there is inserted—
“(13)
In this section “strategic road” has the meaning given by section 56 of
the Traffic Management Act 2003.”