(8-13)

House of Commons

Session 2003 - 04
Internet Publications
Other Bills before Parliament

(  8  )

such other factors as appear to the Secretary of State to be

relevant.”

(2)
For section 75 of that Act (inspection fees) there is substituted—

“75
Inspection fees

(1)
The Secretary of State may make provision by regulations requiring

an undertaker to pay to the street authority the prescribed fee in

respect of—

(a)
all inspections carried out by the authority of his street

works; or

(b)
such inspections of those works as may be prescribed.

(2)
The regulations may—

(a)
require undertakers to make payments in respect of

inspections anticipated to take place within a prescribed

period; and

(b)
make provision for the striking of an account between an

undertaker and a street authority and the making of any

necessary payment or repayment.

(3)
The power to make different provision under this section for

different cases includes power—

(a)
to make different provision for different descriptions of

street authority or different descriptions of undertakers

(including descriptions framed by reference to their

previous performance);

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

extent of the excavation or other works, the place where

they are executed and such other factors as appear to the

Secretary of State to be relevant.

(4)
The reference in subsection (3)(a) to the previous performance of an

undertaker is to the performance of the undertaker, during such

period as may be prescribed, as respects such description of his

duties under this Part as may be prescribed.

(5)
The regulations may require disputes of any prescribed description

to be determined by arbitration.

(6)
Nothing in this section applies to inspections in respect of which the

undertaker is obliged to bear the cost, or pay the prescribed fee,

under section 72(2) (inspections consequent on failure to comply

with duties as to reinstatement).””
Clause 56
57
Page 30, line 36, leave out “(including inspections following their completion)”
Clause 61
58
Page 34, line 11, at end insert—

(  9  )

“( )
Regulations under subsection (1)(b) may—

(a)
make provision for Greater London different from that

made for the rest of England;

(b)
make consequential provision (including provision

disapplying sections 8 to 11 of, and Schedule 2 to, the

London Local Authorities and Transport for London Act

2003 in relation to any offence prescribed in such

regulations);

(c)
make transitional provision.”
59
Page 34, line 14, leave out “penalty charge”
60
Page 34, line 16, at end insert—

“( )
In the New Roads and Street Works Act 1991 (c. 22), in section 97 (service

of notices etc.) after subsection (2) there is inserted—

“(3)
References in this section to notices authorised to be given or served

for the purposes of this Part include a reference to notices under

Schedule 22B to the Highways Act 1980 (fixed penalties for certain

offences under that Act).””
61
Page 34, line 16, at end insert—

“( )
In the London Local Authorities and Transport for London Act 2003 (c. iii),

in section 11 (fixed penalties: reserve powers of Secretary of State) after

subsection (6) there is inserted—

“(7)
The Secretary of State may make regulations increasing the level of

fixed penalty under this Act in respect of an offence listed in

Schedule 22A to the Highways Act 1980 (as well as Schedule 4 to

this Act).

(8)
While regulations under subsection (7) are in force in respect of an

offence, the borough councils and Transport for London may not

set the level of fixed penalty in respect of that offence below that set

by the regulations.””
Clause 63
62
Page 36, line 43, at end insert—

“(17A)
The regulations may make provision about their application to a

series of deposits of skips.

(17B)
And they may, in particular, provide that a series of deposits of

skips is to be treated as a single deposit of a skip—

(a)
beginning at the time the first in the series was deposited,

and

(b)
ending at the time the last in the series was removed.”
Clause 64
63
Page 37, leave out lines 17 to 21
64
Page 37, line 25, leave out “(9)” and insert “(8)”
65
Page 37, line 25, after first “to” insert “(17) and (17A) to”

(  10  )

Clause 65
66
Page 38, line 5, leave out first “the” and insert “a relevant”
67
Page 38, line 42, leave out from first “the” to end of line 43 and insert “relevant

period”
68
Page 39, line 39, at end insert—

“(18A)
The regulations may make provision about their application to a

series of deposits of things.

(18B)
And they may, in particular, provide that a series of deposits of

things is to be treated as a single deposit of things—

(a)
beginning at the time the first in the series was deposited,

and

(b)
ending at the time the last in the series was removed.

(18C)
The regulations may make provision corresponding to that

mentioned in subsections (18A) and (18B) in relation to the erection

of relevant structures and the making of excavations.”
Clause 66
69
Page 40, line 30, after first “to” insert “(18) and (18A) to”
Clause 73
70
Page 44, line 2, leave out “guidance” and insert “guidelines”
Clause 76
71
Page 46, line 2, leave out sub-paragraphs (ii) and (iii)
72
Page 46, line 18, at end insert—

“( )
The regulations shall also provide that an immobilisation device must not

be fixed to a vehicle in a parking place in respect of a contravention

consisting of, or arising out of, a failure—

(a)
to pay a parking charge with respect to the vehicle,

(b)
properly to display a ticket or parking device, or

(c)
to remove the vehicle from the parking space by the end of a period

for which the appropriate charge was paid,


until 15 minutes have elapsed since the giving of a notification of a penalty

charge in respect of the contravention.”
73
Page 46, line 19, leave out “subsection (5)” and insert “this section”
74
Page 46, leave out line 22 and insert—

(  11  )


““parking device” means a parking device within the meaning of

section 35(3B) or 51(4) of that Act;


“parking place” means—

(a)
a parking place designated by an order under section 45 of

that Act, or

(b)
an off-street parking place provided under section 32(1)(a)

or 57(1)(b), or under a letting or arrangement made under

section 33(4), of that Act.”
Clause 77
75
Page 46, line 45, at end insert—

“( )
The regulations may provide that, as respects a ground on which

representations may be made, the adjudicator’s function on an appeal is to

decide whether to direct the enforcement authority to consider or re-

consider (as the case may be) any representations relating to that ground.”
Clause 78
76
Page 48, line 1, leave out “Lord Chancellor” and insert “appropriate national

authority”
Clause 82
77
Page 50, line 13, leave out “road” and insert “carriageway”
Clause 83
78
Page 51, line 11, leave out “in Greater London”
79
Page 51, line 12, leave out “part of the footway or verge that” and insert “footway,

cycle track or verge where—

(a)
the footway, cycle track or verge”
80
Page 51, line 14, leave out “road” and insert “carriageway”
81
Page 51, line 14, at end insert—

“( )
assisting cyclists entering or leaving the carriageway,”
82
Page 51, line 15, leave out from “vehicles” to end and insert “entering or leaving

the carriageway across the footway, cycle track or verge;”
83
Page 51, line 15, at end insert “or

(b)
the carriageway has, for a purpose within paragraph (a)(i) to (iii),

been raised to meet the level of the footway, cycle track or verge.”
84
Page 51, line 17, leave out from “parked” to end of line 24 and insert “wholly within

a designated parking place or any other part of the carriageway where parking is

specifically authorised.

A “designated parking place” means a parking place designated by order under

section 6, 9, 32(1)(b) or 45 of the Road Traffic Regulation Act 1984 (c. 27).”
85
Page 52, line 7, leave out “has the meaning” and insert “, “cycle track” and

“footway” have the meanings”
86
Page 52, line 15, after “imposed” insert “—

(  12  )

(a)
in Greater London,”
87
Page 52, line 16, at end insert—

“(b)
elsewhere in England and Wales, by an order under section 1 of that

Act.”
Before Clause 84
88
Insert the following new Clause—

“Guidance to local authorities

(1)
The appropriate national authority may publish guidance to local

authorities about any matter relating to their functions in connection with

the civil enforcement of traffic contraventions.

(2)
In exercising those functions a local authority must have regard to any such

guidance.”
Clause 85
89
Page 53, line 9, at end insert—

“( )
Regulations under section 77 may not be made unless a draft of them has

been laid before and approved by a resolution of each House of

Parliament.”
90
Page 53, line 10, at beginning insert “Subject to that,”
Clause 90
91
Page 56, line 1, at end insert—

“( )
In section 117 of the Road Traffic Regulation Act 1984 (c. 27) (wrongful use

of disabled person’s badge), in subsection (1)(a) after “badge” there is

inserted “purporting to be”.”
Schedule 1
92
Page 59, line 10, column 2, after “works” insert “, etc.”
Schedule 2
93
Page 60, line 37, at end insert—

“An offence under

Failure to give notice in accordance with

section 55(9)

s.55(8) (notice to be given on s.55 notice

ceasing to have effect)”

Schedule 3
94
Page 62, line 21, leave out “section” and insert “paragraph”
95
Page 62, line 21, leave out “served with” and insert “given”

(  13  )

Schedule 4
96
Page 64, line 30, after “be” insert “in such form, contain such information, and be

made”
97
Page 64, leave out lines 32 to 34 and insert—

“( )
Section 55 does not apply in relation to works in the part of the highway

specified under sub-paragraph (1)(c) that are begun between the end of

the notice period and completion of the works referred to in paragraph

3(1)(a) to (c).


This sub-paragraph does not apply to cases prescribed under paragraph

3(6)(b).”
98
Page 64, leave out from beginning of line 45 to end of line 9 on page 65 and insert—

     “( )
A direction to an undertaker under this paragraph is a direction as to the

date on which he may begin to execute the works proposed by him.”
99
Page 65, line 45, leave out “to whom it sent the notice under” and insert “specified

in”
Schedule 6
100
Page 69, line 17, leave out “section” and insert “paragraph”
101
Page 69, line 17, leave out “served with” and insert “given”
102
Page 70, line 21, leave out from “may” to end of line 22 and insert “—

(a)
make different provision (including provision prescribing the

amount of the penalty or the discounted amount) for different

purposes or areas;

(b)
make consequential or transitional provision.”
Schedule 7
103
Page 75, line 8, at end insert—

“Buses prohibited
952”

104
Page 75, line 10, at end insert—

“Route for use by pedal cycles only
955

Route for use by pedal cycles and pedestrians
956

only

Route comprising two ways, for use by pedal
957

cycles only and by pedestrians only

With-flow cycle lane
959.1

Contra-flow cycle lane
960.1”

Schedule 9
105
Page 82, line 34, leave out “for different contraventions,”