|
| |
|
66 | Scaffolding, building materials and excavations: charge determined by |
| |
reference to duration of occupation of highway |
| |
After section 171A of the 1980 Act there is inserted— |
| |
| “171B Scaffolding, building materials and excavations: charge determined |
| |
by reference to duration of occupation of highway |
| 5 |
(1) | The Secretary of State may make provision by regulations requiring a |
| |
| |
(a) | erects a relevant structure on or over a highway maintainable at |
| |
| |
(b) | deposits building materials, rubbish or other things in such a |
| 10 |
| |
(c) | makes a temporary excavation in such a highway, |
| |
| to pay a charge to the highway authority. |
| |
(2) | The reference in subsection (1)(a) to the erection of a relevant structure |
| |
is a reference to the erection, in connection with any building or |
| 15 |
demolition work or the alteration, repair, maintenance or cleaning of |
| |
any building, of any scaffolding or other structure that obstructs the |
| |
| |
(3) | The charge shall be determined in the prescribed manner, by reference |
| |
to the period (in this section, the “relevant period”) for which— |
| 20 |
(a) | a relevant structure is on or over the highway, |
| |
(b) | things are deposited in the highway, or (as the case may be) |
| |
(c) | there is an excavation in the highway. |
| |
(4) | The regulations shall not require charges to be paid to a local highway |
| |
authority unless the Secretary of State has, by order, approved the |
| 25 |
authority for the purposes of the regulations. |
| |
(5) | The regulations may require disputes of any prescribed description to |
| |
be referred to an arbitrator appointed in accordance with the |
| |
| |
(6) | Subsections (6) and (10) to (19) of section 171A apply in relation to |
| 30 |
regulations under subsection (1) of this section as they apply in relation |
| |
to regulations under subsection (1) of that section.” |
| |
67 | Sections 63 to 66: supplementary |
| |
(1) | In section 139 of the 1980 Act, in subsection (11) for “, section 140 and section |
| |
140A” there is substituted “and section 140”. |
| 35 |
(2) | After section 140B of that Act there is inserted— |
| |
“140C | Regulations under sections 140A and 140B |
| |
Nothing shall be taken to prevent the imposition of charges by both |
| |
regulations under section 140A and regulations under section 140B in |
| |
respect of the same builder’s skip at the same time.” |
| 40 |
|
| |
|
| |
|
(3) | After section 171B of that Act there is inserted— |
| |
“171C | Regulations under sections 171A and 171B |
| |
Nothing shall be taken to prevent the imposition of charges by both |
| |
regulations under section 171A and regulations under section 171B in |
| |
respect of the same structure, things or excavation at the same time.” |
| 5 |
(4) | In section 325 of that Act (provisions as to regulations), in subsection (2A)— |
| |
(a) | in paragraph (a), after “140A” there is inserted “or 140B”; |
| |
(b) | for paragraphs (b) and (c) there is substituted— |
| |
“(b) | the first regulations for the purposes of section 171A or |
| |
171B as they apply in relation to the erection of relevant |
| 10 |
| |
(c) | the first regulations for the purposes of section 171A or |
| |
171B as they apply in relation to the deposit of building |
| |
materials, rubbish or other things and the making of |
| |
| 15 |
Guidance as to safety precautions |
| |
68 | Guidance to local highway authorities as to safety precautions |
| |
In section 174 of the 1980 Act (precautions to be taken by persons executing |
| |
works in streets), after subsection (1) there is inserted— |
| |
“(1A) | The Secretary of State may give guidance to local highway authorities |
| 20 |
as to the discharge by them of their obligations under subsection (1)(a) |
| |
and (b) where they are executing works for road purposes. |
| |
(1B) | A local highway authority must in executing any works for road |
| |
purposes have regard to any guidance given under subsection (1A). |
| |
(1C) | In subsections (1A) and (1B) “works for road purposes” has the same |
| 25 |
meaning as in Part 3 of the New Roads and Street Works Act 1991.” |
| |
| |
Civil enforcement of traffic contraventions |
| |
Civil penalties for road traffic contraventions |
| |
69 | Civil penalties for road traffic contraventions |
| 30 |
(1) | The appropriate national authority may make provision by regulations for or |
| |
| |
(a) | the imposition of penalty charges in respect of road traffic |
| |
| |
(i) | are subject to civil enforcement (see section 70), and |
| 35 |
(ii) | are committed in an area that is a civil enforcement area for |
| |
contraventions of that description (see section 71), and |
| |
(b) | the payment of such penalty charges. |
| |
(2) | The regulations shall include provision specifying the person or persons by |
| |
whom a penalty charge in respect of a contravention is to be paid (who may be |
| 40 |
|
| |
|
| |
|
the owner of the vehicle involved in the contravention, its driver at the time of |
| |
the contravention or any other appropriate person). |
| |
(3) | The regulations shall include provision in respect of any description of conduct |
| |
for which a penalty charge may be imposed— |
| |
(a) | prohibiting criminal proceedings or the issuing of a fixed penalty notice |
| 5 |
in respect of conduct of that description, or |
| |
(b) | securing that a penalty charge is not required to be paid, or is refunded, |
| |
where the conduct is the subject of criminal proceedings or of a fixed |
| |
| |
(4) | The regulations may include provision prohibiting the imposition of a penalty |
| 10 |
charge except on the basis of— |
| |
(a) | a record produced by an approved device, or |
| |
(b) | information given by a civil enforcement officer as to conduct observed |
| |
| |
| 15 |
(a) | specify exemptions from penalty charges, and |
| |
(b) | make provision for discounts or surcharges, or both. |
| |
70 | Contraventions subject to civil enforcement |
| |
(1) | Schedule 7 specifies the road traffic contraventions that are subject to civil |
| |
| 20 |
| |
(a) | parking contraventions (see Part 1 of the Schedule); |
| |
(b) | bus lane contraventions (see Part 2 of the Schedule); |
| |
(c) | London lorry ban contraventions (see Part 3 of the Schedule); |
| |
(d) | moving traffic contraventions (see Part 4 of the Schedule). |
| 25 |
(3) | Regulations under this Part of this Act may make different provision in relation |
| |
to different descriptions of contravention. |
| |
(4) | The appropriate national authority may by regulations make such |
| |
consequential amendment of Schedule 7 as appears to the authority to be |
| |
required in consequence of the amendment, replacement or revocation of any |
| 30 |
provision of subordinate legislation referred to in that Schedule. |
| |
71 | Civil enforcement areas |
| |
(1) | Schedule 8 makes provision— |
| |
(a) | as to the areas that are civil enforcement areas for the purposes of |
| |
different descriptions of road traffic contravention, and |
| 35 |
(b) | as to the meaning of “enforcement authority” in relation to road traffic |
| |
contraventions committed in a civil enforcement area. |
| |
| |
| Part 1 makes provision for Greater London, and |
| |
| Part 2 makes provision for the rest of England and Wales. |
| 40 |
|
| |
|
| |
|
72 | Power to require authority to apply for civil enforcement powers |
| |
(1) | The appropriate national authority may by notice in writing under this section |
| |
(a “notice to apply”) require a local authority to make an application under |
| |
paragraph 8 of Schedule 8 for an order designating the whole or part of the |
| |
local authority’s area as a civil enforcement area for parking contraventions. |
| 5 |
(2) | The notice must specify— |
| |
(a) | the date by which the local authority is to make the application (“the |
| |
| |
(b) | the latest date by which the application must request that the order |
| |
comes into force (“the in-force date”), and |
| 10 |
(c) | the area in respect of which the application is to be made. |
| |
(3) | Before giving a notice to apply the appropriate national authority must inform |
| |
the local authority concerned and the appropriate chief officer of police, in |
| |
writing, of its intention to give such a notice, indicating the application date, |
| |
the in-force date and the area it intends to specify in the notice. |
| 15 |
(4) | The local authority may make representations to the appropriate national |
| |
| |
(a) | that a notice to apply should not be given to the authority, or |
| |
(b) | that the notice should specify a different application date, a different in- |
| |
force date, or a different area in respect of which the application is to be |
| 20 |
| |
(5) | In considering whether to give a notice to apply the appropriate national |
| |
authority must have regard to the local authority’s representations and take |
| |
| |
(a) | the administrative burden of creating or extending a civil enforcement |
| 25 |
area and of enforcing parking contraventions within such an area, |
| |
(b) | the financial circumstances of the local authority concerned and the |
| |
likely expenses and receipts in connection with the proposed civil |
| |
| |
(c) | any representations made by the appropriate chief officer of police, and |
| 30 |
(d) | any other factors appearing to the appropriate national authority to be |
| |
| |
(6) | After a notice to apply has been given, it may be modified by agreement |
| |
between the appropriate national authority and the local authority concerned. |
| |
73 | Civil enforcement officers |
| 35 |
(1) | A local authority may provide for the enforcement of road traffic |
| |
contraventions for which it is the enforcement authority by individuals to be |
| |
known as civil enforcement officers. |
| |
(2) | A civil enforcement officer must be— |
| |
(a) | an individual employed by the authority, or |
| 40 |
(b) | where the authority have made arrangements with any person for the |
| |
purposes of this section, an individual employed by that person to act |
| |
as a civil enforcement officer. |
| |
(3) | Civil enforcement officers— |
| |
|
| |
|
| |
|
(a) | when exercising specified functions must wear such uniform as may be |
| |
determined by the enforcement authority in accordance with guidance |
| |
issued by the appropriate national authority, and |
| |
(b) | must not exercise any of those functions when not in uniform. |
| |
(4) | In subsection (3)(a) “specified” means specified by regulations made by the |
| 5 |
appropriate national authority. |
| |
(5) | A parking attendant appointed under section 63A of the Road Traffic |
| |
Regulation Act 1984 (c. 27) by a local authority that is an enforcement |
| |
| |
(a) | is a civil enforcement officer in relation to parking contraventions for |
| 10 |
which that authority is the enforcement authority, and |
| |
(b) | may be appointed a civil enforcement officer in relation to other road |
| |
traffic contraventions for which they are the enforcement authority. |
| |
74 | Setting the level of penalty charges |
| |
(1) | Schedule 9 provides for the setting of the levels of penalty charges and certain |
| 15 |
| |
| |
| Part 1 specifies the charges to which the Schedule applies, |
| |
| Part 2 provides for charges applicable in Greater London, and |
| |
| Part 3 provides for charges applicable outside Greater London. |
| 20 |
Notification, adjudication and enforcement |
| |
75 | Notification of penalty charge |
| |
(1) | The Lord Chancellor may make regulations for and in connection with the |
| |
notification of penalty charges. |
| |
(2) | The regulations may provide for notification of a penalty charge to be given in |
| 25 |
respect of a stationary vehicle— |
| |
(a) | by a notice affixed to the vehicle, |
| |
(b) | by a notice given to a person appearing to be in charge of the vehicle, or |
| |
(c) | in such other manner as may be specified by the regulations. |
| |
(3) | The regulations may provide for notification of a penalty charge otherwise |
| 30 |
than in respect of a stationary vehicle to be given in such manner as may be |
| |
specified by the regulations. |
| |
(4) | The regulations may not confer power to stop vehicles. |
| |
(5) | The regulations may provide that, if it appears to the enforcement authority |
| |
that both the operator of a vehicle and the person in control of the vehicle are |
| 35 |
liable to a penalty charge, they may give notice to the operator requiring him |
| |
to provide them with the name and address of the person who was in control |
| |
of the vehicle at the time of the alleged contravention. |
| |
(6) | The regulations may include provision creating criminal offences to be triable |
| |
summarily and punishable with a fine not exceeding level 5 on the standard |
| 40 |
scale or such lower amount as may be specified. |
| |
|
| |
|