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House of Commons

Session 2003 - 04
Internet Publications
Other Bills before Parliament

LORDS AMENDMENTs
TO THE
traffic management bill
[The page and line references are to HL Bill 47, the bill as first printed for the Lords.]
Clause 1
1
Page 2, line 4, leave out “provided for by section 5” and insert “referred to in

section 5(1)”
Clause 5
2
Page 3, line 11, leave out “regulations” and insert “orders”
Clause 11
3
Page 6, line 13, leave out “granted” and insert “given”
Clause 20
4
Leave out Clause 20
Clause 21
5
Leave out Clause 21
Clause 22
6
Leave out Clause 22
Clause 23
7
Leave out Clause 23
Clause 24
8
Leave out Clause 24

Bill 138 53/3

(  2  )

Clause 25
9
Leave out Clause 25
Clause 26
10
Leave out Clause 26
Clause 27
11
Leave out Clause 27
Clause 28
12
Leave out Clause 28
Clause 29
13
Leave out Clause 29
Clause 30
14
Leave out Clause 30
Clause 31
15
Page 14, leave out lines 6 and 7
Clause 32
16
Page 14, line 42, at end insert “(including provision with respect to applications for

such variations)”
Clause 33
17
Page 15, line 6, leave out “him” and insert “the national authority”
18
Page 15, line 7, leave out “he” and insert “the national authority”
Clause 34
19
Page 15, line 28, after “may” insert “(in accordance with permit regulations)”
20
Page 15, line 30, leave out subsections (6) to (8)
Clause 35
21
Page 15, line 40, leave out “(“the authority”)”
22
Page 16, line 3, after “may” insert “(in accordance with permit regulations)”
23
Page 16, line 5, leave out subsections (4) to (6)
After Clause 35
24
Insert the following new Clause—

(  3  )

“Variation and revocation of permit schemes

(1)
The appropriate national authority may by order vary or revoke any

permit scheme which for the time being has effect.

(2)
An order under this section—

(a)
may relate to one or more permit schemes,

(b)
may vary or revoke any order under section 34 or 35, or any order

previously made under this section,

(c)
may (in accordance with permit regulations) include provisions

which disapply or modify enactments to the extent specified in the

order.”
Clause 36
25
Page 16, line 31, leave out paragraph (b) and insert—

“(b)
for or in connection with the determination, or facilitating the

determination, of disputes (including provision with respect to the

appointment of persons to determine, or facilitate the

determination of, disputes),

(ba)
for or in connection with appeals (including provision with respect

to the appointment of persons to hear appeals),”
26
Page 16, line 40, at end insert—

“( )
Provision under subsection (4) in respect of adjudication may not be made

without the consent of the Lord Chancellor.”
27
Page 16, line 40, at end insert—

“( )
Permit regulations may make provision for or in connection with the

giving of fixed penalty notices (including, in particular, provision applying

Schedule 4B to the New Roads and Street Works Act 1991 (c. 22), with or

without modifications) in relation to any offence created by permit

regulations.”
28
Page 16, line 41, leave out from “with” to “provision” in line 43 and insert “the

payment of a fee in respect of any one or more of the following—

(a)
an application for a permit,

(b)
the issue of a permit,

(c)
an application for the variation of a permit or the conditions

attached to a permit,

(d)
the variation of a permit or the conditions attached to a permit.

(5A)
Provision made under subsection (5) may include”
29
Page 17, line 2, at end insert—

“(5B)
In making provision under subsection (5), the appropriate national

authority must try to ensure, so far as is reasonably practicable, that the fees

payable in connection with permit schemes do not exceed such costs in

connection with permit schemes as may be prescribed.

(5C)
For the purposes of subsection (5B), the national authority may rely on such

estimates (including estimates with respect to the average costs of highway

(  4  )

authorities or particular descriptions of highway authority) as the national

authority thinks fit.”
30
Page 17, line 7, at end insert—

“(c)
with respect to the keeping of accounts, and the preparation and

publication of statements of account, relating to permit schemes.”
Clause 38
31
Page 17, line 32, at end insert—

““fixed penalty notice” means a notice offering a person the opportunity of

discharging any liability to conviction for an offence by payment of a penalty;”
32
Page 18, line 15, at end insert “or different areas”
33
Page 18, line 19, at end insert—

“( )
The first permit regulations may not be made by the Secretary of State

unless a draft of them has been laid before and approved by a resolution of

each House of Parliament.”
34
Page 18, line 20, at beginning insert “Subject to that,”
Clause 40
35
Page 19, line 22, leave out “notices)” and insert “offences)”
36
Page 19, line 23, leave out subsection (2)
Clause 43
37
Page 21, line 20, after “to” insert “the persons who may determine appeals and”
Before Clause 48
38
Insert the following new Clause—

“Notices of street works

(1)
In section 54 of the 1991 Act (advance notice of certain works)—

(a)
in subsection (3) for “contain such” there is substituted “state the

date on which it is proposed to begin the works and shall contain

such other”;

(b)
after subsection (4) there is inserted—

“(4A)
If an undertaker who has given advance notice under this

section has not, before the starting date specified in the

notice, given to the street authority a notice under section 55

in respect of the works, he shall within such period as may

be prescribed give to that authority a notice containing such

information as may be prescribed.

(4B)
An advance notice under this section shall cease to have

effect in relation to the proposed works (so that subsection

(1) applies again in relation to the works) if those works are

not substantially begun before the end of such period

beginning with the starting date specified in the notice as

(  5  )

may be prescribed, or such further period as the street

authority may allow.

(4C)
Different periods may be prescribed under subsection (4B)

for different descriptions of works.”

(2)
In section 55 of that Act (notice of starting date of works) after subsection

(7) there is inserted—

“(8)
If a notice under this section ceases to have effect the undertaker

shall, within such period as may be prescribed, give a notice

containing such information as may be prescribed to those to whom

the notice under this section was required to be given.

(9)
An undertaker who fails to give notice in accordance with

subsection (8) commits an offence and is liable on summary

conviction to a fine not exceeding level 4 on the standard scale.”

(3)
In section 93 of that Act (works affecting level crossings or tramways) in

subsection (2) for “(7)” there is substituted “(9)”.”
Clause 49
39
Page 25, line 13, at end insert “and for “three months” there is substituted “such

period as may be prescribed””
40
Page 25, line 13, at end insert—

“( )
In subsection (3) after paragraph (e) there is inserted “and

(f)
any other person of a prescribed description;”


(and the word “and” after paragraph (d) is omitted).”

Clause 50
41
Page 25, line 34, at end insert—

“( )
In section 57 of that Act (notice of emergency works)—

(a)
in subsection (1) after “works)” there is inserted “or paragraph

2(1)(d) or 3(1) of Schedule 3A (notification of proposed works or

directions as to timings of works)”;

(b)
in subsection (2) after “is” there is inserted “(or would, but for

paragraph 2(6) of Schedule 3A, be)”.

( )
In section 64 of that Act (traffic-sensitive streets) in subsection (1) after

“works)” there is inserted “or paragraph 2 of Schedule 3A”.

( )
In section 74 of that Act (charge for occupation of highway where works

unreasonably prolonged) in subsection (3)(b) after “date)” there is inserted

(  6  )

“or notification under paragraph 2(1)(d) of Schedule 3A (notification of

proposed works)”.

( )
In section 88 of that Act (provisions relating to bridges) in subsection (4)

after “date)” there is inserted “, or making a notification under paragraph

2(1)(d) of Schedule 3A (notification of proposed works),”.

( )
In section 89 of that Act (provisions relating to sewers) in subsection (2)

after “date)” there is inserted “, or making a notification under paragraph

2(1)(d) of Schedule 3A (notification of proposed works),”.”
Clause 53
42
Page 27, line 10, after “of” insert “, or made a notification under paragraph 2(1)(d)

of Schedule 3A in respect of,”
43
Page 27, line 30, leave out “serve” and insert “give”
44
Page 27, line 37, at end insert—

“(8)
The reference in subsection (2)(c) to the execution of street works is

a reference to the execution of such works after the commencement

of this section (whether or not regulations under it have been

made).”
45
Page 28, line 12, leave out “served with” and insert “given”
46
Page 28, line 16, leave out “those works conform” and insert “the new surface

conforms”
Clause 54
47
Page 28, line 35, leave out “served on” and insert “given to”
48
Page 28, line 37, leave out “be served with the notice” and insert “whom the notice

is to be given”
49
Page 29, line 1, leave out “is entitled to pay a sum” and insert “may elect to make a

payment”
50
Page 29, leave out line 4 and insert “calculation of the amount of such payments;”
51
Page 29, line 18, at end insert—

“( )
The regulations may provide that where a re-surfacing notice has

been served on an undertaker, the street authority may (in such

circumstances and to such extent as may be prescribed) by notice

relieve any other undertaker within section 73A(2) of his duty

under section 70 to reinstate the surface of the street.”

Clause 55
52
Page 30, line 4, after “has,” insert “after the commencement of this section (whether

or not regulations under it have been made) and”
53
Page 30, line 14, after “provision” insert “—

(a)
requiring a street authority, within such period of such event as

may be prescribed, to give to an undertaker to whom subsection (2)

applies a notice containing such information as may be prescribed;

(  7  )

(b)
requiring a street authority to pay to an undertaker to whom it has

given a re-surfacing notice such sum as he has been unable to

recover under subsection (1)(b) on account of the insolvency of an

undertaker;

(c)”
54
Page 30, line 22, at end insert—

“(6A)
The Secretary of State may by regulations make provision requiring

undertakers to make payments to a street authority where—

(a)
the authority has given a re-surfacing notice to an

undertaker,

(b)
that undertaker has exercised a right, conferred by

regulations under section 73D, of the sort mentioned in

subsection (2)(d) of that section, and

(c)
the authority has carried out any of the works specified in

the notice.

(6B)
The power in subsection (6A) includes power to make provision

corresponding to provision that may be made under subsections (1)

to (5).

(6C)
Regulations under this section may make different provision for

cases where an undertaker mentioned in subsection (1) or (6A) has

made, or is liable to make, a payment under section 78.”
55
Page 30, line 26, at end insert—

“(8)
In subsection (5)(b) “insolvency”—

(a)
in relation to a company, has the meaning given by section

247(1) of the Insolvency Act 1986;

(b)
in relation to an individual, includes the approval of a

voluntary arrangement under Part 8 of that Act.””
After Clause 55
56
Insert the following new Clause—

“Inspection fees

(1)
In section 72 of the 1991 Act (powers of street authority in relation to

reinstatement) after subsection (2) there is inserted—

“(2A)
The Secretary of State may prescribe a fee in respect of a prescribed

description of inspection mentioned in subsection (2).


If he does so that subsection has effect, in relation to that description

of inspection, as if for “he shall bear the cost of” there were

substituted “he shall pay the prescribed fee in respect of”.

(2B)
The power to make different provision under subsection (2A) for

different cases includes power—

(a)
to make different provision for different descriptions of

street authority or undertakers;

(b)
to prescribe different fees by reference to the nature or

extent of the inspection, the place where it is carried out and