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Enforcement of certain offences under the Highways Act 1980 |
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60 | Fixed penalty offences under the Highways Act 1980 |
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(1) | After section 314 of the 1980 Act (offences by body corporate) there is |
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“314A | Fixed penalties for certain offences under Part 9 |
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(1) | A fixed penalty offence is any offence under Part 9 which— |
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(a) | is listed in the first column in Schedule 22A (and described in |
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general terms in the second column), and |
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(b) | is prescribed in regulations made by the Secretary of State. |
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(2) | Offences listed in that Schedule which are committed by virtue of |
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section 314 (offences committed by bodies corporate, etc) are not fixed |
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(3) | Schedule 22B (which makes provision about fixed penalties for fixed |
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penalty offences) has effect.” |
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(2) | In section 322(5) of that Act (service of notices etc.), after paragraph (a) there is |
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“(ab) | a penalty charge notice under Schedule 22B to this Act;”. |
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(3) | After Schedule 22 to that Act there is inserted Schedules 22A and 22B as set out |
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in Schedules 5 and 6 to this Act. |
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Records of objects placed in highway |
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61 | Duty of local highway authority to keep records of objects in highway |
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(1) | The appropriate national authority may by regulations made by statutory |
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instrument require a local highway authority to make and keep a record of the |
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location of any object of a description specified in the regulations which has |
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been placed by that authority in a street. |
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(2) | Regulations under this section may include provision— |
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(a) | as to the form in which a record is to be made; |
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(b) | as to supplementary information to be included in a record; |
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(c) | requiring a record to be made available for inspection. |
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(3) | The reference in subsection (1) to an object placed in a street includes an object |
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placed under, over, across, along or upon a street. |
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| “appropriate national authority” means— |
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(a) | the Secretary of State, in relation to local highway authorities in |
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(b) | the National Assembly for Wales, in relation to local highway |
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| “street” has the same meaning as in Part 3 of the New Roads and Street |
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(5) | A statutory instrument containing regulations under this section made by the |
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Secretary of State is subject to annulment in pursuance of a resolution of either |
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Skips, scaffolding, building materials and excavations: charges for occupation of highway etc. |
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62 | Builders’ skips: charge for occupation of highway for unreasonable period |
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For section 140A of the 1980 Act there is substituted— |
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| “140A Builders’ skips: charge for occupation of highway for unreasonable |
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(1) | The Secretary of State may make provision by regulations requiring the |
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owner of a builder’s skip deposited on a highway maintainable at the |
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public expense to pay a charge to the highway authority where the |
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period for which the skip remains in the highway exceeds— |
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(a) | such period as may be prescribed, and |
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(2) | For this purpose “a reasonable period” means such period as is agreed |
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by the authority and the owner of the skip to be reasonable or, in |
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default of such agreement, is determined by arbitration to be |
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reasonable in the circumstances. |
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(3) | In default of agreement, the authority’s view as to what is a reasonable |
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period shall be acted upon pending the decision of the arbitrator. |
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(4) | The regulations may prescribe exemptions from the requirement to pay |
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(5) | The regulations may provide— |
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(a) | that in prescribed circumstances (including in particular where |
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any person makes an application for permission under section |
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139) the owner of the skip shall give to the authority, in such |
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manner and within such period as may be prescribed, notice |
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containing an estimate of the likely duration of the occupation |
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(b) | that the period stated in the notice shall be taken to be agreed by |
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the authority to be reasonable unless the authority give notice, |
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in such manner and within such period as may be prescribed, |
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objecting to the estimate. |
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(6) | The regulations may also provide— |
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(a) | that in prescribed circumstances the owner of the skip shall give |
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to the authority, in such manner and within such period as may |
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be prescribed, notice containing a revised estimate of the likely |
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duration of the occupation of the highway, and |
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(b) | that upon the notice being given any previous agreement to or |
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determination of a reasonable period ceases to have effect, and |
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the period stated in the notice shall be taken to be agreed by the |
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authority to be reasonable unless the authority give notice, in |
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such manner and within such period as may be prescribed, |
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objecting to the revised estimate. |
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(7) | The amount of the charge shall be determined in such manner as may |
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be prescribed by reference to the period for which the highway is |
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occupied by the skip and the extent of the occupation. |
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(8) | Different rates of charge may be prescribed according to the place and |
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time of the occupation and such other factors as appear to the Secretary |
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(9) | The regulations may provide— |
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(a) | that the authority are to set the rate of charge, up to a prescribed |
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(b) | that different rates of charge may be set according to such |
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factors as the authority consider relevant. |
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(10) | The regulations may make provision for the determination of the |
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duration of the occupation of the highway for the purposes of the |
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(11) | And they may, in particular, make provision for an occupation to be |
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treated as beginning or ending on the giving of, or as stated in, a notice |
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given by the owner of the skip to the authority, in the prescribed |
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manner, in accordance with a requirement imposed by the regulations. |
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(12) | The regulations may make provision requiring the owner of the skip to |
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provide the authority, in such manner and within such period as may |
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be prescribed, with such information as the authority may specify in a |
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notice to that person, being information required for the purposes of— |
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(a) | determining whether a charge is payable by him; |
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(b) | calculating the amount of any charge payable by him. |
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(13) | The regulations may make provision as to the time and manner of |
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making payment of charges. |
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(14) | The regulations shall provide that a highway authority may reduce the |
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amount, or waive payment, of a charge— |
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(a) | in any particular case, |
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(b) | in such classes of case as they may decide or as may be |
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(c) | in all cases or in all cases other than a particular case or such |
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class of case as they may decide or as may be prescribed. |
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(15) | The regulations may make provision as to— |
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(a) | the application by local highway authorities of sums paid by |
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(b) | the keeping of accounts, and the preparation and publication of |
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statements of account, relating to sums paid by way of charges. |
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(16) | The regulations may create in respect of any failure to give a notice, or |
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to provide information, required by the regulations a criminal offence |
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triable summarily and punishable with a fine not exceeding level 4 on |
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(17) | The regulations may provide that where a skip is the subject of a |
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prescribed description of hiring agreement or hire purchase agreement, |
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the person in possession of the skip under the agreement is for the |
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purposes of the regulations to be treated as the owner of the skip. |
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| “builder’s skip” has the meaning given by section 139(11); |
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| “prescribed” means prescribed by the Secretary of State by |
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regulations, which may make different provision for different |
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63 | Builders’ skips: charge determined by reference to duration of occupation of |
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After section 140A of the 1980 Act there is inserted— |
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| “140B Builders’ skips: charge determined by reference to duration of |
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(1) | The Secretary of State may make provision by regulations requiring the owner |
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of a builder’s skip deposited on a highway maintainable at the public expense |
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to pay to the highway authority a charge determined, in the prescribed manner, |
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by reference to the period for which the highway is occupied by the skip. |
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(2) | The regulations shall not require charges to be paid to a local highway |
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authority unless the Secretary of State has, by order, approved the |
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authority for the purposes of the regulations. |
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(3) | The regulations may prescribe different rates of charge according to— |
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(a) | the extent to which the skip occupies the highway; |
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(b) | the place and time of the occupation; |
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(c) | such other factors as appear to the Secretary of State to be |
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(4) | The regulations may require disputes of any prescribed description to |
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be referred to an arbitrator appointed in accordance with the |
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(5) | Subsections (4), (5) and (9) to (18) of section 140A apply in relation to |
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regulations under subsection (1) of this section as they apply in relation |
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to regulations under subsection (1) of that section.” |
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64 | Scaffolding, building materials and excavations: charge for occupation of |
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highway for unreasonable period |
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For section 171A of the 1980 Act there is substituted— |
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| “171A Scaffolding, building materials and excavations: charge for |
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occupation of highway for unreasonable period |
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(1) | The Secretary of State may make provision by regulations requiring a |
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(a) | erects a relevant structure on or over a highway maintainable at |
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(b) | deposits building materials, rubbish or other things in such a |
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(c) | makes a temporary excavation in such a highway, |
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| to pay a charge to the highway authority in the circumstances set out in |
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(2) | The reference in subsection (1)(a) to the erection of a relevant structure |
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is a reference to the erection, in connection with any building or |
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demolition work or the alteration, repair, maintenance or cleaning of |
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any building, of any scaffolding or other structure that obstructs the |
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(3) | The circumstances are that the period (in this section, the “relevant |
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(a) | the structure is on or over the highway, |
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(b) | things are deposited in the highway, or (as the case may be) |
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(c) | there is an excavation in the highway, |
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| exceeds both the prescribed period and a reasonable period. |
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(4) | For this purpose “a reasonable period” means such period as is agreed |
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by the authority and the person to be reasonable or, in default of such |
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agreement, is determined by arbitration to be reasonable in the |
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(5) | In default of agreement, the authority’s view as to what is a reasonable |
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period shall be acted upon pending the decision of the arbitrator. |
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(6) | The regulations may prescribe exemptions from the requirement to pay |
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(7) | The regulations may provide— |
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(a) | that in prescribed circumstances (including in particular where |
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an application is made for a licence under section 169 or consent |
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under section 171) a person who intends to do or who does an |
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activity mentioned in subsection (1)(a) to (c) shall give to the |
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authority, in such manner and within such period as may be |
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prescribed, notice containing an estimate of the likely duration |
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of the relevant period, and |
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(b) | that the period stated in the notice shall be taken to be agreed by |
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the authority to be reasonable unless the authority give notice, |
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in such manner and within such period as may be prescribed, |
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objecting to the estimate. |
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(8) | The regulations may also provide— |
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(a) | that in prescribed circumstances a person who has given a |
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notice of a type mentioned in subsection (7) shall give to the |
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authority, in such manner and within such period as may be |
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prescribed, notice containing a revised estimate of the likely |
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duration of the relevant period, and |
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(b) | that upon the notice being given any previous agreement to or |
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determination of a reasonable period ceases to have effect, and |
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the period stated in the notice shall be taken to be agreed by the |
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authority to be reasonable unless the authority give notice, in |
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such manner and within such period as may be prescribed, |
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objecting to the revised estimate. |
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(9) | The regulations may prescribe different rates of charge according to— |
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(a) | the extent to which the highway is affected by the structure, |
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things deposited or excavation; |
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(b) | the place and time at which the highway is so affected; |
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(c) | such other factors as appear to the Secretary of State to be |
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(10) | The regulations may provide— |
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(a) | that the authority are to set the rate of charge, up to a prescribed |
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(b) | that different rates of charge may be set according to such |
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factors as the authority consider relevant. |
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(11) | The regulations may make provision for the determination of the |
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duration of the relevant period for the purposes of the regulations. |
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(12) | And they may, in particular, make provision for the relevant period to |
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be treated as beginning or ending on the giving of, or as stated in, a |
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notice given by the person mentioned in subsection (1) to the authority, |
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in the prescribed manner, in accordance with a requirement imposed |
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(13) | The regulations may make provision requiring a person who does an |
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activity mentioned in subsection (1)(a) to (c) to provide the authority, in |
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such manner and within such period as may be prescribed, with such |
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information as the authority may specify in a notice to that person, |
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being information required for the purposes of— |
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(a) | determining whether a charge is payable by him; |
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(b) | calculating the amount of any charge payable by him. |
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(14) | The regulations may make provision as to the time and manner of |
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making payment of charges. |
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(15) | The regulations shall provide that a highway authority may reduce the |
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amount, or waive payment, of a charge— |
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(a) | in any particular case, |
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(b) | in such classes of case as they may decide or as may be |
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(c) | in all cases or in all cases other than a particular case or such |
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class of case as they may decide or as may be prescribed. |
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(16) | The regulations may make provision as to— |
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(a) | the application by local highway authorities of sums paid by |
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(b) | the keeping of accounts, and the preparation and publication of |
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statements of account, relating to sums paid by way of charges. |
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(17) | The regulations may create in respect of any failure to give a notice, or |
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to provide information, required by the regulations a criminal offence |
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triable summarily and punishable with a fine not exceeding level 4 on |
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(18) | In this section “prescribed” means prescribed by the Secretary of State |
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by regulations, which may make different provision for different |
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