|
| |
|
(2) | After subsection (1) there is inserted— |
| |
“(1A) | The reinstatement required by subsection (1) may be permanent or |
| |
| |
(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 |
| |
| |
(a) | stating whether the reinstatement is permanent or interim; and |
| |
(b) | giving such other information about the reinstatement as may |
| |
| 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— |
| |
| |
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 |
| |
| |
(2) | An undertaker is within this subsection if— |
| |
(a) | he has given notice under section 54 or 55 of proposed street |
| 30 |
| |
(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), |
| |
| 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 |
| |
(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 |
| |
|
| |
|
| |
|
surface of the street; but regulations may restrict the circumstances in |
| |
which and the extent to which undertakers may be relieved of that |
| |
| |
(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. |
| |
| 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 |
| |
| |
|
|
| |
|
| |
|
(b) | after the entry for street works licence there is inserted— |
| |
|
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 |
| |
| |
(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 |
| |
| 15 |
(c) | impose a requirement on an undertaker, in prescribed |
| |
circumstances, to give notice to the street authority of a |
| |
| |
(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 |
| |
(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 |
| |
(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 |
| |
| 40 |
(a) | where the offence consists of a failure to give a notice in |
| |
accordance with the regulations, with a fine not exceeding level |
| |
| |
(b) | in any other case, with a fine not exceeding level 5 on the |
| |
| 45 |
|
| |
|
| |
|
(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) | the authority shall pay to A a proportion, calculated in the prescribed |
| |
manner, of the costs reasonably incurred by A in executing the works |
| |
| 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 |
| |
| |
(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 |
| |
| |
(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 |
| |
| |
(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 |
| |
|
| |
|
| |
|
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)”. |
| |
| 5 |
| |
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 |
| |
| |
(c) | the Inner Temple and the Middle Temple shall be treated as forming |
| 30 |
| |
| |
| “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 |
|
| |
|
| |
|
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 |
| |
| |
(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 |
| |
| 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. |
| |
| |
(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 |
| |
| |
(3) | In subsection (3)(a), for the words from “by Transport for London” to the end |
| |
| |
(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 |
| |
| |
(ii) | a strategic road, or |
| |
|
| |
|
| |
|
(iii) | a road in another London borough other than a GLA |
| |
road or strategic road, and”. |
| |
| |
(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. |
| |
| |
(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 |
| |
| |
(3) | In subsection (3)(a), for the words from “by Transport for London” to the end |
| |
| 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 |
| |
| |
| |
(ii) | a strategic road, or |
| |
(iii) | a road in another London borough other than a GLA |
| 35 |
road or strategic road, and”. |
| |
| |
(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.” |
| |
|
| |
|