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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.

45

 

 

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.”

 

 

 
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