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(  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,”


 
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Revised 9 July 2004