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| | | | | | | Failure to comply with requirements to give |
| | | | | notice of completion of reinstatement |
| | | | | | | | | | | | 5 | | | Failure to give a notice required by regulations |
| | | | | under s. 74 (charge for occupation of the highway |
| | | | | where works unreasonably delayed) |
| | | | | Failure to give a notice required by regulations |
| | | | | under s. 74A (charge determined by reference to |
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Schedule 4B to the New Roads and Street Works Act 1991 |
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Fixed penalties for certain offences under Part 3 |
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Power to give fixed penalty notices |
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1 (1) | An authorised officer of a street authority may, if he has reason to |
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believe that a person is committing or has committed a fixed |
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penalty offence, give him a fixed penalty notice in relation to that |
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(2) | In this Schedule “fixed penalty notice” means a notice offering a |
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person the opportunity of discharging any liability to conviction |
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for a fixed penalty offence by payment of a penalty. |
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2 | A fixed penalty notice for an offence may not be given after such |
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time relating to the offence as the Secretary of State may by |
| 25 |
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Contents of fixed penalty notice |
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3 (1) | A fixed penalty notice must identify the offence to which it relates |
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and give reasonable particulars of the circumstances alleged to |
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(2) | A fixed penalty notice must also state— |
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(a) | the amount of the penalty and the period within which it |
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(b) | the discounted amount and the period within which it may |
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| 35 |
(c) | the person to whom and the address at which payment |
| |
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(d) | the method or methods by which payment may be made; |
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(e) | the person to whom and the address at which any |
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representations relating to the notice may be addressed; |
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(f) | the consequences of not making a payment within the |
| |
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(3) | The person specified under sub-paragraph (2)(c) must be the street |
| 5 |
authority or a person acting on their behalf. |
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The amount of the penalty and the period for payment |
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4 (1) | The penalty for a fixed penalty offence is (subject to paragraph 5) |
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such amount, not exceeding 30 per cent. of the maximum fine for |
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that offence, as may be prescribed. |
| 10 |
(2) | The period for payment of the penalty is the period of 29 days |
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beginning with the day on which the notice is given. |
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(3) | The street authority may extend the period for paying the penalty |
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in any particular case if they consider it appropriate to do so. |
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5 (1) | A discounted amount is payable instead of the amount prescribed |
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under paragraph 4(1) if payment is made before the end of the |
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period of 15 days beginning with the day on which the notice is |
| |
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(2) | The discounted amount for a fixed penalty offence is such amount, |
| 20 |
not exceeding 25 per cent. of the maximum fine for the offence, as |
| |
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(3) | If the last day of the period specified in sub-paragraph (1) does not |
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fall on a working day, the period for payment of the discounted |
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amount is extended until the end of the next working day. |
| 25 |
Effect of notice and payment of penalty |
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6 (1) | This section applies where a person is served with a fixed penalty |
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notice in respect of a fixed penalty offence. |
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(2) | No proceedings for the offence may be commenced before the end |
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of the period for payment of the penalty. |
| 30 |
(3) | No such proceedings may be commenced or continued if payment |
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of the penalty is made before the end of that period or is accepted |
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by the street authority after that time. |
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(4) | Payment of the discounted amount only counts for the purposes |
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of sub-paragraph (3) if it is made before the end of the period for |
| 35 |
payment of the discounted amount. |
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(5) | In proceedings for the offence a certificate which— |
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(a) | purports to be signed by or on behalf of the person having |
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responsibility for the financial affairs of the street |
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| 40 |
(b) | states that payment of an amount specified in the |
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certificate was or was not received by a date so specified, |
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| is evidence of the facts stated. |
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Power to withdraw notices |
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7 (1) | If the street authority consider that a fixed penalty notice which |
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has been given ought not to have been given, they may give to the |
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person to whom it was given a notice withdrawing the fixed |
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(2) | Where a notice under sub-paragraph (1) is given— |
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(a) | the authority shall repay any amount which has been paid |
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by way of penalty in pursuance of the fixed penalty notice; |
| |
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(b) | no proceedings shall be commenced or continued against |
| 10 |
that person for the offence in question. |
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(3) | The street authority shall consider any representations made by or |
| |
on behalf of the recipient of a fixed penalty notice and decide in all |
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the circumstances whether to withdraw the notice. |
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General and supplementary |
| 15 |
8 | The Secretary of State may, with the consent of the Treasury, make |
| |
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(a) | the application by street authorities of fixed penalties paid |
| |
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(b) | the keeping of accounts, and the preparation and |
| 20 |
publication of statements of account, relating to fixed |
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penalties paid under this Schedule. |
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9 | The Secretary of State may by regulations— |
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(a) | prescribe circumstances in which fixed penalty notices |
| |
| 25 |
(b) | modify paragraph 4(2) or 5(1) so as to substitute a different |
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period for the period for the time being specified there; |
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(c) | prescribe the method or methods by which penalties may |
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| 30 |
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Schedule 3A to the New Roads and Street Works Act 1991 |
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Restriction on works following substantial street works |
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1 (1) | This Schedule applies where a street authority receives a notice |
| 35 |
under section 54 or 55 that an undertaker is proposing to execute |
| |
substantial street works in a highway. |
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(2) | For the purposes of this Schedule, “substantial street works” |
| |
means street works of such description as may be prescribed. |
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Notice by authority of proposed restriction |
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2 (1) | The street authority may publish a notice— |
| |
(a) | specifying the nature and location of the proposed works |
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and the date on which it is proposed to begin them; |
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(b) | stating that the authority propose to issue a direction |
| 5 |
under paragraph 4 imposing a restriction on street works; |
| |
(c) | stating the duration of the proposed restriction and the |
| |
part of the highway to which it relates; |
| |
(d) | requiring any other undertakers who propose to execute |
| |
street works in that part of the highway, and who have not |
| 10 |
already done so, to notify the authority of their proposed |
| |
works within the period specified in the notice (“the notice |
| |
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(2) | The notice period shall not be less than such period as may be |
| |
| 15 |
(3) | A notice under this paragraph shall— |
| |
(a) | be published in the prescribed form and manner; and |
| |
(b) | comply with such requirements as to its form and content |
| |
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(4) | A copy of a notice under this paragraph shall be given to each of |
| 20 |
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(a) | where there is a public sewer in the part of the highway |
| |
specified under sub-paragraph (1)(c), to the sewer |
| |
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(b) | where that part of the highway is carried or crossed by a |
| 25 |
bridge vested in a transport authority, or crosses or is |
| |
crossed by any other property held by or used for the |
| |
purposes of a transport authority, to that authority; |
| |
(c) | where in any other case that part of the highway is carried |
| |
or crossed by a bridge, to the bridge authority; |
| 30 |
(d) | any person who has given notice under section 54 of his |
| |
intention to execute street works in that part of the |
| |
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(e) | any person who has apparatus in that part of the highway; |
| |
(f) | any other person of a prescribed description. |
| 35 |
(5) | Notification under sub-paragraph (1)(d) shall be in such manner |
| |
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(6) | Section 55 does not apply where, by virtue of a notice under this |
| |
section, a person is required to notify the street authority of |
| |
| 40 |
Completion of notified works |
| |
3 (1) | After the expiry of the notice period the street authority may issue |
| |
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(a) | the undertaker proposing to execute the substantial street |
| |
| 45 |
(b) | any undertakers who have given notice under paragraph 2 |
| |
in respect of works they propose to execute, and |
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|
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|
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|
(c) | any undertakers who have previously given notice of |
| |
works they propose to execute in the part of the highway |
| |
specified under paragraph 2(1)(c), |
| |
| in respect of either or both of the matters specified in sub- |
| |
| 5 |
(2) | The matters referred to in sub-paragraph (1) in respect of which a |
| |
direction may be given under this paragraph to an undertaker |
| |
| |
(a) | the date on which he may begin to execute the works |
| |
| 10 |
(b) | the period within which those works must be executed. |
| |
(3) | Any period specified under sub-paragraph (2)(b) must be a |
| |
reasonable period (and subsection (2) of section 74 applies for the |
| |
purposes of this sub-paragraph)). |
| |
| 15 |
(a) | a direction is given to an undertaker under this paragraph |
| |
as respects the date on which he may begin to execute the |
| |
works proposed by him, and |
| |
(b) | he begins to execute those works before that date, |
| |
| he is guilty of an offence. |
| 20 |
(5) | After the expiry of the notice period, any undertaker who, before |
| |
completion of the works referred to in sub-paragraph (1)(a) to (c), |
| |
executes any other street works in the part of the highway |
| |
specified under paragraph 2(1)(c), commits an offence. |
| |
(6) | Sub-paragraph (5) does not apply— |
| 25 |
(a) | where an undertaker executes emergency works; or |
| |
(b) | in such other cases as may be prescribed. |
| |
(7) | A person guilty of an offence under this paragraph is liable on |
| |
summary conviction to a fine not exceeding level 5 on the standard |
| |
| 30 |
Direction restricting further works |
| |
4 (1) | After the expiry of the notice period and before completion of the |
| |
works referred to in paragraph 3(1)(a) to (c) the authority may give |
| |
a direction under this paragraph. |
| |
(2) | A direction under this paragraph is a direction restricting the |
| 35 |
execution of street works in the part of the highway specified |
| |
under paragraph 2(1)(c) for such period following completion of |
| |
the works referred to in paragraph 3(1)(a) to (c) as may be |
| |
specified in the direction. |
| |
(3) | The duration of the period specified under sub-paragraph (2) may |
| 40 |
not exceed the duration of the restriction proposed by the |
| |
authority under paragraph 2(1)(c). |
| |
(4) | The period specified in a direction under this paragraph may not |
| |
in any case exceed such period as may be prescribed. |
| |
(5) | A direction under this paragraph shall— |
| 45 |
(a) | be given in the prescribed manner; |
| |
|
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|