Traffic Management Bill

House of Commons

Session 2003 - 04
Internet Publications
Other Bills before Parliament

Traffic Management Bill

Traffic Management Bill
Part 4 — Street works
19

there is substituted—
“(a)
in the case of an offence consisting of a failure to take all
reasonably practicable steps to comply with subsection (5)(a), 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.”
5
40
Fixed penalty offences
(1)
After section 95 of the 1991 Act (offences) there is inserted—
“95A
Fixed penalties for certain offences under this Part
(1)
Any offence under this Part relating to any street works which is listed
in the first column of Schedule 4A (and described in general terms in
10
the second column) is a fixed penalty offence for the purposes of this
Part.
(2)
Offences listed in that Schedule which are committed by virtue of
section 166 (offences by bodies corporate and Scottish partnerships) are
not fixed penalty offences.
15
(3)
The Secretary of State may by order modify that Schedule so as to
provide for offences under this Part relating to any street works to
become (or cease to be) fixed penalty offences.
(4)
Such an order may not be made unless a draft of the order has been laid
before and approved by resolution of each House of Parliament.
20
(5)
Schedule 4B (which makes provision about fixed penalties for fixed
penalty notices) has effect.”
(2)
In section 97 of that Act (service of notices etc.) after subsection (2) there is
inserted—
“(3)
References in this section to notices authorised to be given or served for
25
the purposes of this Part include a reference to penalty charge notices
under Schedule 4B to this Act or Schedule 22B to the Highways Act
1980.”
(3)
In section 106 of that Act (index for Part 3), the following entry is inserted in the
appropriate place-
30

“fixed penalty offence
section 95A(1)”.

(4)
After Schedule 4 to that Act there is inserted Schedules 4A and 4B as set out in
Schedules 2 and 3 to this Act.
Co-ordination of works by street authority
41
Duty of street authority to co-ordinate works
35
(1)
Section 59 of the 1991 Act (general duty of street authority to co-ordinate
works) is amended as follows.
(2)
In subsection (1) after “purposes)” there is inserted “and the carrying out of
relevant activities”.

Traffic Management Bill
Part 4 — Street works
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(3)
In subsection (2) after “works” there is inserted “or relevant activities”.
(4)
After subsection (6) there is inserted—
“(7)
In this section “relevant activities” means any activity, other than the
execution of works in the street or the use of the street by traffic
(including pedestrians), which—
5
(a)
involves the temporary occupation or use of space in a street;
(b)
is subject to regulation by the street authority by virtue of
provision made by or under any Act other than this Act; and
(c)
is prescribed by regulations made by the Secretary of State.”
Direction-making powers
10
42
Directions relating to timing of street works
(1)
Section 56 of the 1991 Act (power to give directions as to timing of street works)
is amended as follows.
(2)
In subsection (1)—
(a)
in paragraph (b), after “at certain times” there is inserted “or on certain
15
days (or at certain times on certain days)”;
(b)
after “the times” there is inserted “or days (or both)”.
(3)
After subsection (1) there is inserted—
“(1A)
Where it appears to a street authority—
(a)
that subsisting street works are causing or are likely to cause
20
serious disruption to traffic, and
(b)
that the disruption would be avoided or reduced if the works
were to continue to be carried out only at certain times or on
certain days (or at certain times on certain days),

the authority may give the undertaker such directions as may be
25
appropriate as to the times or days (or both) when the works may or
may not continue to be carried out.”
(4)
After subsection (3) there is inserted—
“(3A)
An undertaker shall be taken not to have failed to fulfil any statutory
duty to afford a supply or service if, or to the extent that, his failure is
30
attributable to a direction under this section.”
43
Directions as to placing of apparatus
In the 1991 Act, after section 56 there is inserted—
“56A
   Power to give directions as to placing of apparatus
(1)
Where—
35
(a)
an undertaker is proposing to execute street works consisting of
the placing of apparatus in a street (“street A”),
(b)
placing the apparatus in street A is likely to cause disruption to
traffic, and
(c)
it appears to the street authority that—
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Traffic Management Bill
Part 4 — Street works
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(i)
there is another street (“street B”) in which the apparatus
could be placed, and
(ii)
the conditions in subsection (2) are satisfied,

the authority may by direction require the undertaker not to place the
apparatus in street A (but may not require him to place the apparatus
5
in street B).
(2)
The conditions referred to in subsection (1)(c) are that—
(a)
disruption to traffic would be avoided or reduced if the
apparatus were to be placed in street B;
(b)
placing the apparatus in street B would be a reasonable way of
10
achieving the purpose for which the apparatus is to be placed;
and
(c)
it is reasonable to require the undertaker not to place the
apparatus in street A.
(3)
A direction under this section may be varied or revoked by a further
15
such direction.
(4)
The procedure for giving a direction under this section shall be
prescribed by the Secretary of State.
(5)
The Secretary of State may by regulations make provision for appeals
against directions under this section, including provision as to the
20
procedure to be followed on an appeal.
(6)
An undertaker who executes works in contravention of a direction
under this section commits an offence and is liable on summary
conviction to a fine not exceeding level 5 on the standard scale.
(7)
An undertaker shall be taken not to have failed to fulfil any statutory
25
duty to afford a supply or service if, or to the extent that, his failure is
attributable to a direction under this section.
(8)
The Secretary of State may issue or approve for the purposes of this
section a code of practice giving practical guidance as to the exercise by
street authorities of the power conferred by this section; and in
30
exercising that power a street authority shall have regard to the code of
practice.”
Records and information
44
The street works register
(1)
Section 53 of the 1991 Act (the street works register) is amended as follows.
35
(2)
In subsection (1)—
(a)
after “respect to” (in the second place they appear) there is inserted
“(a)”; and
(b)
at the end there is added “; and
(b)
such descriptions of—
40
(i)
apparatus placed, or proposed to be placed, in
the street,
(ii)
builder’s skips (within the meaning of section
139 of the Highways Act 1980 (c. 66))), or of

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Part 4 — Street works
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building materials, rubbish or other things
deposited, or proposed to be deposited, in the
street; or
(iii)
scaffolding or other structures which are erected,
or proposed to be erected, in the street,
5

as may be prescribed.”
(3)
After subsection (4) there is inserted—
“(4A)
In subsection (4) “central register” means a register covering the areas
of two or more street authorities.”
(4)
After subsection (5) there is inserted—
10
“(5A)
In particular the Secretary of State may require a street authority to
share information in their possession with a person appointed to keep
a central register which discharges the duties of that authority under
this section.”
45
Records of location of apparatus
15
(1)
Section 79 of the 1991 Act (records of location of apparatus) is amended as
follows.
(2)
After subsection (1) there is inserted—
“(1A)
An undertaker may, except in such cases as may be prescribed, include
in his records under subsection (1) a record of the location of any item
20
of apparatus belonging to him which is not required to be so included,
stating the nature of the apparatus and (if known) whether it is for the
time being in use.”
(3)
After subsection (2) there is inserted—
“(2A)
Regulations under subsection (2) which alter the form or manner in
25
which the records are to be kept may apply to records made before (as
well as records made after) the alterations take effect.”
(4)
After subsection (3) there is inserted—
“(3A)
In subsections (2) to (3) the references to an undertaker’s records are to
the records kept by him under subsection (1) (including anything
30
included in those records by virtue of any provision of this Act or any
other enactment).”
46
Duties relating to the location of unexpected apparatus
(1)
Section 80 of the 1991 Act (duties where person finds unidentified apparatus)
is amended as follows.
35
(2)
In subsection (1) for “made available by the undertaker” there is substituted
“kept by the undertaker under section 79(1) and made available by him”.
(3)
After subsection (1) there is inserted—
“(1A)
Subsection (1) has effect subject to such exceptions as may be
prescribed.”
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Traffic Management Bill
Part 4 — Street works
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(4)
For subsections (2) and (3) there is substituted—
“(2)
Where a person executing works of any description in the street finds
apparatus which does not belong to him and is unable, after taking
such steps as are reasonably practicable, to ascertain to whom the
apparatus belongs, he shall comply with such requirements (if any) as
5
may be prescribed for the purpose of securing that he—
(a)
makes and keeps a record of the location of the apparatus and
(so far as appears from external inspection) its nature and
whether it is in use; and
(b)
informs the street authority or any other person of those
10
matters.
(2A)
Regulations under subsection (2) may make provision—
(a)
as to the form and manner in which records are to be kept;
(b)
as to the form and manner in which, or the time at or by which,
information is to be given; and
15
(c)
for records which are to be kept by undertakers to be included
in the records kept by them under section 79(1).”
(5)
In subsection (4) for “(2)” there is substituted “any requirement imposed on
him by regulations under subsection (2)”.
(6)
After subsection (4) there is added—
20
“(5)
The Secretary of State may by regulations make provision for and in
connection with the keeping (whether by the Secretary of State or a
person with whom he has made appropriate arrangements) of a
register of information recorded by undertakers in pursuance of a
requirement imposed under subsection (2).
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(6)
Regulations under subsection (5) may make provision about the
inspection of the register by any person having authority to execute
works of any description in the street or otherwise appearing to the
person responsible for keeping the register to have a sufficient interest.”
47
Duty to inspect records
30
After section 53 of the 1991 Act (the street works register) there is inserted—
“53A
Duty to inspect records
(1)
The Secretary of State may make provision by regulations requiring an
undertaker proposing to execute street works of a prescribed
description to inspect prescribed statutory records before commencing
35
the street works.
(2)
The regulations may provide for the manner in which an inspection of
any statutory records is to be carried out.
(3)
The regulations may prescribe evidence which may be relied on by the
undertaker to demonstrate that he has carried out an inspection
40
required by the regulations.
(4)
The regulations may in particular require the undertaker—
(a)
to be in possession of prescribed evidence before commencing
the street works; and

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Part 4 — Street works
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(b)
to produce, in such manner as may be prescribed, prescribed
evidence to the street authority either at the request of the
authority or at or by such time as may be prescribed.
(5)
The regulations may provide for the cases or circumstances in which a
requirement under subsection (1) or (4) does or does not apply.
5
(6)
The regulations may create a summary offence, punishable with a fine
not exceeding level 5 on the standard scale, in respect of any
contravention by an undertaker of a requirement of the regulations.
(7)
In this section “statutory record” means any register or other record
kept in pursuance of a requirement imposed by—
10
(a)
an enactment; or
(b)
a licence or other instrument having effect under or by virtue of
an enactment.”
Miscellaneous
48
Qualifications of supervisors and operatives
15
(1)
Section 67 of the 1991 Act (qualifications of supervisors and operatives) is
amended as follows.
(2)
After subsection (1) there is inserted—
“(1A)
A street authority may (unless the case is one excepted from subsection
(1)) by notice require an undertaker executing street works—
20
(a)
to notify them of the name of—
(i)
the person who is currently the qualified supervisor
required by subsection (1); and
(ii)
each person who has previously been the qualified
supervisor so required; and
25
(b)
to provide them with such evidence of the requisite
qualification of each person named as may be prescribed.”
(3)
After subsection (2) there is inserted—
“(2A)
A street authority may (unless the case is one excepted from subsection
(2)) by notice require an undertaker executing street works—
30
(a)
to notify them of the name of—
(i)
a person whose presence on site at any time specified in
the notice (being a time when the works were in
progress) enabled the undertaker to comply with his
duty under subsection (2); or
35
(ii)
each person whose presence on site during the progress
of the works enabled the undertaker to comply with his
duty in subsection (2); and
(b)
to provide them with such evidence of the requisite
qualification of each person named as may be prescribed.
40
(2B)
A notice under subsection (1A) or (2A) may be given at any time while
the works are being executed or within such period after their
completion as may be prescribed.

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Part 4 — Street works
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(2C)
The undertaker shall comply with a notice under subsection (1A) or
(2A) within such period as may be prescribed.”
(4)
In subsection (3) for “or (2)” there is substituted “, (2) or (2C)”.
(5)
In subsection (4), after paragraph (b) there is inserted “and
“(c)
the form of any document to be issued by an approved body to
5
certify or otherwise show that a qualification has been conferred
on any person.”
49
Restriction on works following substantial road works
(1)
Section 58 of the 1991 Act (restriction on works following substantial road
works) is amended as specified in subsections (2) to (7).
10
(2)
In subsection (1), for the words “twelve months” there is substituted
“prescribed period”.
(3)
In subsection (2), after “prescribed” there is inserted “form and”.
(4)
In subsection (4), for paragraphs (a) and (b) there is substituted “within such
period as may be prescribed”.
15
(5)
In subsection (6), at the beginning of paragraph (b) there is inserted “if he is
convicted of an offence under this subsection”.
(6)
In subsection (7), for “by arbitration” there is substituted “in the prescribed
manner”.
(7)
After that subsection there is inserted—
20
“(7A)
Regulations under subsection (7) may in particular make provision for
the question referred to in that subsection to be settled—
(a)
by arbitration;
(b)
by a person designated by the Secretary of State on appeal by
the undertaker.”
25
(8)
In section 55 of the 1991 Act (notice of starting date of works), in subsection (2),
after “works,” there is inserted “or in cases where the undertaker has been
given notice under section 58(1),”.
50
Restriction on works following substantial street works
(1)
After section 58 of the 1991 Act there is inserted—
30
“58A
Restriction on works following substantial street works
Schedule 3A shall have effect.”
(2)
After Schedule 3 to that Act there is inserted Schedule 3A as set out in Schedule
4 to this Act.

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51
Notices requiring remedial works relating to reinstatements
(1)
In section 72 of the 1991 Act (powers of street authority in relation to
reinstatement)—