Traffic Management Bill

House of Commons

Session 2003 - 04
Internet Publications
Other Bills before Parliament

Traffic Management Bill

Traffic Management Bill
Part 2 — Network management by local traffic authorities
12

25
Exercise of local traffic authority functions
(1)
This section explains the general powers which may be conferred by an
intervention order under section 21(5)(d) and the duty which may be imposed
under section 21(6).
(2)
The order may authorise or require the traffic director to take over from the
5
authority the exercise of any specified function.
(3)
The order may specify any function of the authority (whether or not conferred
in their capacity as a traffic authority) the exercise of which appears to the
appropriate national authority to be capable of contributing to, or interfering
with, the achievement of the traffic director’s objectives.
10
(4)
The order may require the authority to take action—
(a)
to co-ordinate their activities with those of the traffic director in the
exercise of functions specified under subsection (2);
(b)
to co-operate with the traffic director in the exercise of such functions.
(5)
Anything done by the traffic director in the exercise of a specified function is
15
to be treated as having been done by the authority.
26
Application of sections 20 to 25 to local traffic authorities exercising functions
jointly
(1)
The appropriate national authority may by order made by statutory
instrument make provision for the application of sections 20 to 25 (with or
20
without modifications) in cases where to any extent the performance of the
duties under sections 16 and 17 is carried out jointly by two or more local traffic
authorities.
(2)
A statutory instrument containing an order under this section made by the
Secretary of State is subject to annulment in pursuance of a resolution by either
25
House of Parliament.
27
Criteria for making intervention orders
The appropriate national authority shall publish guidance about the criteria
which it proposes to apply for the purpose of deciding whether to give an
intervention notice or make an intervention order.
30
28
Guidance to traffic directors
(1)
The appropriate national authority may give guidance to traffic directors in
relation to the performance of their duties.
(2)
Such guidance may be general or given to a particular traffic director.
(3)
In carrying out his duties a traffic director shall have regard to any guidance
35
under this section which is applicable to him.
(4)
The appropriate national authority shall publish any guidance given under
this section.

Traffic Management Bill
Part 2 — Network management by local traffic authorities
13

29
Traffic directors in London
(1)
Subsections (2) to (4) apply where a traffic director is appointed in relation to a
London authority.
(2)
A copy of any report made by a traffic director to the authority shall be given
to the Mayor.
5
(3)
In carrying out his duties the traffic director need not comply with, or have
regard to, any directions or guidance given by the Mayor under Part 4 of the
Greater London Authority Act 1999 (c. 29).
(4)
The duty to comply with a direction given by the traffic director prevails, to the
extent of any inconsistency, over the duty to comply with, or have regard to,
10
any direction or guidance mentioned in subsection (3).
(5)
Subsections (6) to (8) apply where a traffic director is appointed in relation to
Transport for London.
(6)
If the traffic director—
(a)
exercises the power of Transport for London under subsection (3) of
15
section 301A of the Highways Act 1980 (c. 66) to object to a proposal
and does not withdraw that objection, or
(b)
directs Transport for London to exercise the power to object to a
proposal and not to withdraw the objection,

that section has effect as if subsections (3)(d) and (4) were omitted.
20
(7)
If the traffic director—
(a)
exercises the power of Transport for London under subsection (3) of
section 121B of the Road Traffic Regulation Act 1984 (c. 27) to object to
a proposal and does not withdraw that objection, or
(b)
directs Transport for London to exercise the power to object to a
25
proposal and not to withdraw the objection,

that section has effect as if subsections (3)(d) and (4) were omitted.
(8)
While the intervention order to which the appointment relates is in force the
Mayor may not, without the consent of the traffic director, issue a direction
under—
30
(a)
section 301A(9) of the Highways Act 1980, or
(b)
section 121B(9) of the Road Traffic Regulation Act 1984,

dispensing with any of the requirements mentioned there (whether or not by
varying an existing direction).
30
Recovery of costs from local traffic authorities
35
(1)
This section applies where a traffic director has been appointed in respect of a
local traffic authority.
(2)
The appropriate national authority may recover from the local traffic authority
such sum or sums as it may consider appropriate.
(3)
The amount recovered must not exceed the total expenditure of the national
40
authority which is attributable to the appointment of the traffic director
(including expenditure towards any costs incurred by the traffic director which
are not met from any other source).

Traffic Management Bill
Part 3 — Permit Schemes
14

31
Interpretation of Part 2
In this Part—
“appropriate national authority” means—
(a)
the Secretary of State, as respects England; and
(b)
the National Assembly for Wales, as respects Wales;
5
“intervention notice” means a notice under section 20;
“intervention order” means an order under section 21;
“local traffic authority” means a traffic authority other than the Secretary
of State or the National Assembly for Wales;
“London authority” means Transport for London, a London borough
10
Council or the Common Council of the City of London;
“Mayor” means the Mayor of London;
“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;
“road network”, in relation to a local traffic authority, means the network
15
of roads for which the authority is the traffic authority;
“traffic” includes pedestrians;
“traffic authority” has the same meaning as in the Road Traffic Regulation
Act 1984 (c. 27);
“network management duty” has the meaning given in section 16(3).
20
Part 3
Permit Schemes
32
Meaning of “permit scheme”
(1)
Any reference in this Part to a permit scheme is a reference to a scheme which
is designed to control the carrying out of specified works in specified streets in
25
a specified area.
(2)
A permit scheme may (in particular) include provision—
(a)
for or in connection with requiring a permit to be obtained before
specified works are carried out (including provision as to the persons
who are required to obtain permits),
30
(b)
for or in connection with the issue of permits (including provision with
respect to applications for permits, provision for cases in which there is
to be an entitlement to the issue of a permit and provision with respect
to cases in which permits are to be deemed to be issued),
(c)
as to cases in which specified works may be carried out without a
35
permit,
(d)
for or in connection with the imposition of conditions which are to
apply in relation to the carrying out of specified works (including
provision for or in connection with the attachment of such conditions
to permits),
40
(e)
for or in connection with the review or variation of permits or such
conditions.
(3)
In this section “specified” means specified, or of a description specified, in a
permit scheme.

Traffic Management Bill
Part 3 — Permit Schemes
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33
Preparation of permit schemes
(1)
A local highway authority, or two or more such authorities acting together,
may prepare and submit to the appropriate national authority a permit
scheme.
(2)
The appropriate national authority may direct a local highway authority, or
5
two or more such authorities acting together, to prepare and submit to him a
permit scheme which takes such form as he may direct.
(3)
The appropriate national authority, in its capacity as a highway authority, may
prepare a permit scheme.
(4)
The Secretary of State, in his capacity as the person with responsibility for the
10
management and control of streets in the Royal Parks, may prepare a permit
scheme in respect of any such streets.
(5)
Those preparing permit schemes—
(a)
must comply with permit regulations, and
(b)
must have regard to any guidance which may be issued by the
15
appropriate national authority.
34
Implementation etc. of local highway authority permit schemes
(1)
This section applies where a permit scheme is prepared and submitted to the
appropriate national authority (“the authority”) in accordance with section
33(1) or (2).
20
(2)
The authority may approve the scheme with or without modifications.
(3)
Where it approves the scheme with modifications, references in subsections (4)
and (5) to the scheme are to be read as references to the scheme as so modified.
(4)
The scheme shall not have effect unless the authority by order gives effect to it.
(5)
An order under subsection (4)—
25
(a)
must set out the scheme and specify the date on which the scheme is to
come into effect, and
(b)
may include provisions which disapply or modify enactments to the
extent specified in the order.
(6)
The authority may vary any scheme which for the time being has effect under
30
this section.
(7)
Subsections (4) and (5) are to apply (with appropriate modifications) to a
varied scheme as they apply to an original scheme.
(8)
The authority may by order revoke any scheme which for the time being has
effect under this section.
35
35
Implementation etc. of other permit schemes
(1)
This section applies where a permit scheme is prepared in accordance with
section 33(3) or (4).
(2)
The scheme shall not have effect unless the appropriate national authority
(“the authority”) by order gives effect to it.
40
(3)
An order under subsection (2)—

Traffic Management Bill
Part 3 — Permit Schemes
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(a)
must set out the scheme and specify the date on which the scheme is to
come into effect, and
(b)
may include provisions which disapply or modify enactments to the
extent specified in the order.
(4)
The authority may vary any scheme which for the time being has effect under
5
this section.
(5)
Subsections (3) and (4) are to apply (with appropriate modifications) to a
varied scheme as they apply to an original scheme.
(6)
The authority may by order revoke any scheme which for the time being has
effect under this section.
10
36
Permit regulations
(1)
The appropriate national authority may by regulations (“permit regulations”)
make provision with respect to the content, preparation, submission, approval,
operation, variation or revocation of permit schemes.
(2)
Permit regulations may—
15
(a)
set out procedural provisions with which those preparing permit
schemes must comply,
(b)
set out standard provisions which may or must be included in a permit
scheme,
(c)
make provision as to the publicity to be given to permit schemes.
20
(3)
Permit regulations may make provision—
(a)
with respect to any of the matters mentioned in section 32(2) (including
provision as to the conditions or types of conditions which may be
imposed by virtue of section 32(2)(d)),
(b)
for the purpose of limiting the streets, or type of streets, which may be
25
the subject of a permit scheme.
(4)
Permit regulations may make provision—
(a)
as to the criteria to be taken into account in the case of decisions with
respect to the issue, review or variation of permits or decisions with
respect to the imposition, review or variation of conditions,
30
(b)
for or in connection with the conferring of a right of appeal in
prescribed cases,
(c)
as to the action which may be taken if works are carried out without a
permit or if any conditions are not complied with,
(d)
for or in connection with the creation, in prescribed cases (including
35
prescribed cases where works are carried out without a permit or in
breach of any conditions), of a criminal offence triable summarily and
punishable with a fine not exceeding level 5 on the standard scale,
(e)
for or in connection with excluding or limiting the liability of
prescribed undertakers in prescribed cases.
40
(5)
Permit regulations may make provision for or in connection with requiring the
payment of a fee in respect of an application for a permit or the issue of a
permit, including provision as to—
(a)
the amount or maximum amount of any fee,
(b)
cases in which fees are not to be payable or are to be repaid,
45
(c)
cases in which fees may be discounted,

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Part 3 — Permit Schemes
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(d)
the time and manner of making payment of fees,
(e)
the application of sums paid by way of fees.
(6)
Permit regulations may make provision—
(a)
for or in connection with the creation and maintenance of registers of
permits,
5
(b)
with respect to access to information contained in any such registers
(including provision restricting such access).
(7)
Permit regulations may make provision for or in connection with permitting a
highway authority, or two or more such authorities acting together, to prepare
a permit scheme in respect of streets in a particular area which are
10
maintainable highways notwithstanding that the authority, or those
authorities, are not the highway authority for all or any of those streets.
(8)
Permit regulations may set out provisions—
(a)
which disapply or modify enactments, and
(b)
which are to or may apply in the case of permit schemes.
15
(9)
Nothing in subsections (2) to (8) is to be taken as affecting the generality of
subsection (1).
37
Crown application
(1)
This Part and any provisions made under it bind the Crown (but do not affect
Her Majesty in her private capacity or in right of Her Duchy of Lancaster or the
20
Duke of Cornwall).
(2)
Nothing in subsection (1) is to be construed as authorising the bringing of
proceedings for a criminal offence against a person acting on behalf of the
Crown.
38
Interpretation of Part 3
25
(1)
In this Part—

“the appropriate national authority” means—
(a)
the Secretary of State, as respects England, and
(b)
the National Assembly for Wales, as respects Wales;

“condition” is to be construed in accordance with section 32(2);
30

“enactment” includes an enactment comprised in subordinate legislation
(within the meaning of the Interpretation Act 1978 (c. 30));

“highway authority” and “local highway authority” have the same
meaning as in the Highways Act 1980 (c. 66);

“maintainable highway” has the same meaning as in Part 3 of the New
35
Roads and Street Works Act 1991 (c. 22);

“permit” is to be construed in accordance with section 32(2);

“permit scheme” is to be construed in accordance with section 32;

“permit regulations” is to be construed in accordance with section 36;

“prescribed” means prescribed, or of a description prescribed, by
40
regulations made by the appropriate national authority;

“Royal Park” means any park to which the Parks Regulation Act 1872
(c. 15) applies (see sections 1 and 3 of the Parks Regulation
(Amendment) Act 1926 (c. 36));

Traffic Management Bill
Part 4 — Street works
18


“street” means a street (within the meaning of Part 3 of the New Roads
and Street Works Act 1991 (c. 22))—
(a)
which is a maintainable highway, or
(b)
which is situated in a Royal Park;

“street works” has the meaning given by section 48(3) of the New Roads
5
and Street Works Act 1991;

“undertaker” has the same meaning as in Part 3 of that Act;

“works” means—
(a)
prescribed street works, and
(b)
such other works or activities as may be prescribed,
10

but activities may not be prescribed under paragraph (b) unless they
are, or correspond to, activities which are regulated or controlled by the
Highways Act 1980 (c. 66).
(2)
An order or regulations under this Part—
(a)
may make different provision for different cases,
15
(b)
may include incidental, supplemental, consequential or transitional
provision or savings.
(3)
A power to make an order or regulations under this Part is exercisable by
statutory instrument.
(4)
A statutory instrument containing regulations under this Part made by the
20
Secretary of State is subject to annulment in pursuance of a resolution of either
House of Parliament.
Part 4
Street works
Enforcement
25
39
Increase in penalties for summary offences under 1991 Act
(1)
The maximum fine for each offence under a provision of the New Roads and
Street Works Act 1991 (c. 22) (in this Part referred to as “the 1991 Act”) listed in
column 1 of the table in Schedule 1 is increased from level 3 on the standard
scale to the level specified for that provision in column 3 of the table.
30
(2)
Accordingly, in each provision so listed, for “level 3” there is substituted “level
4” or “level 5” (as specified in column 3 of the table).
(3)
In section 70(6) of the 1991 Act, for the words from “to a” to the end there is
substituted—
“(a)
in the case of an offence consisting of a failure to comply with
35
subsection (3) or (4A), to a fine not exceeding level 4 on the
standard scale; and
(b)
in any other case, to a fine not exceeding level 5 on that scale.”
(4)
In section 74(7B) and 74A(11) of the 1991 Act (maximum fine for offences in
regulations in respect of failure to comply with notice requirement) for “level
40
3” there is substituted “level 4”.
(5)
In section 88(6) of the 1991 Act (failure to comply with duties relating to street
works affecting the structure of a bridge) for the words from “to a” to the end