PART 1

PRELIMINARY

Clause 1 deals with citation and commencement. It provides that some of the operative provisions of the Bill should come into operation two months after Royal Assent. Other clauses would come into force on a day or on days to be appointed by the London borough council in question or Transport for London ("TfL"). The detailed procedure which must be followed by the councils and TfL when appointing a day for the commencement of the provisions of the Bill are contained in Clause 3. Clause 2 sets out definitions of certain expressions used in the Bill. It defines "London authority" as London borough council or TfL, and that expression will be used in this Explanatory Memorandum.

PART 2

HIGHWAYS: MISCELLANEOUS

Clause 4 deals with the attachment of street lamps and traffic signs to buildings. Section 45 of the Public Health Act 1961 enables street lighting authorities (who include London borough councils, but not TfL) to attach street lamps and associated equipment to buildings. Under subsections (2) to (4) and (8) of section 45, provisions are made about the requirement to obtain the consent of the owner of the building in question.

Similar provision is made in relation to traffic signs under section 74 of the Road Traffic Regulation Act 1984, and in that case the power to affix is also enjoyed by TfL. Under both provisions, the owner of the building is entitled, under certain circumstances, to claim compensation from the authority in question if the powers are exercised.

Different provisions apply in the City of London under section 53 of the City of London (Various Powers) Act 1900 and section 75 of the Road Traffic Regulation Act 1984. The consent of the owner of the building is not required in either case (except in the case of railway undertakers).

The main effect of Clause 4 is to bring London authorities' powers under sections 45 and 74 more into line with those enjoyed by the City Corporation. This is done by disapplying the consent provisions in sections 45 and 74 as they apply in London, except in the City. Unlike in the legislation applying to the City, Clause 4 would require the London authority to give 56 days written notice to the owner of the building before exercising their powers under sections 45 and 74, and the requirement to obtain consent is retained not just for railway undertakers but other statutory undertakers as well.

The clause also sets out a number of other detailed requirements about the content of the notice that must be served on the owner, including details of the equipment or sign to be attached, and information on how representations can be made about the proposal. Provisions about compensation are also made in relation to damage caused by the affixing of traffic signs. Similar provisions are already contained in the existing legislation relating to street lamps.

Clause 5 makes provision about the service of notices under Clause 4.

Clause 6 makes provision about damage to highways caused as a result of the carrying out of works on land adjacent to the highway.

Subsections (1) and (2) provide that where works are to be carried out on land that is adjacent to a highway, the highway authority may require payment, before the works are commenced, of a sum representing the costs which the highway authority reasonably consider will be incurred by them in rectifying any damage caused by the carrying out of the works or activities associated with the works.

Subsection (3) provides that payment of the sum may be secured by the imposition of a planning condition, or as a condition on the passing of plans required for building regulations consent. Subsection (4) provides that any sum not required by the authority shall be returned by the authority and subsection (5) provides that if the sum is insufficient to cover any remedial highway works, the additional costs are recoverable by the authority as a civil debt.

Section 133 of the Highways Act 1980 provides for the recovery of expenses incurred by a highway authority incurred in remedying damage to a footway caused by or as a consequence of the carrying out of works on land adjoining it. Subsection (6) of Clause 6 would replace section 133 with provisions for London that would enable the highway authority to recover their expenses of remedying such damage to any part of the highway, not just the footway.

Clause 7 makes provision about appeals in relation to cases where condition has been imposed on the passing of plans for building regulations consent under Clause 6. An appeal may be made to a magistrates' court on the grounds that the sum required to be paid under the condition is too high. An appeal could be made under existing planning legislation if the condition were imposed on the grant of planning permission.

PART 3

BUILDERS' SKIPS

Part 3 makes provision about the depositing of builders' skips on the highway in London. The depositing of builders' skips is already controlled under sections 139 to 140A of the Highways Act 1980. Those sections provide that the permission of the highway authority is required before any builder's skip is placed on the highway. The highway authority can place conditions on the permission including conditions relating to the lighting and guarding of the skip. There are also provisions in the 1980 Act requiring the owner of a builder's skip to secure that the skip is properly lighted during the hours of darkness, and that any regulations made by the Secretary of State about the marking of the skip are properly complied with. Responsibility for ensuring compliance with the provisions of section 139 of the Highways Act lies with the "owner" of the builder's skip and that term is defined in section 139(11). It provides that the owner, in relation to a builder's skip which is the subject of a hiring agreement of not less than one month, or a hire purchase agreement, means the person in possession of the skip under the agreement.

Failure to comply with the provisions of section 139 (including failure to comply with conditions of a permission, and failing to obtain permission at all) is a criminal offence for which the owner is liable.

Clause 8 makes provision for the interpretation of terms in Part 3. Clause 8 enables a highway authority to require the "relevant person" to provide them with information about who the "owner" of the skip is, in order to determine who penalty charge notices should be served on in respect of decriminalised contraventions of the Highways Act 1980. The "relevant person" is defined as the person to whom permission was given under section 139 of the Highways Act, or the person from whom the skip was hired, or the bailor in a hire purchase agreement. It would be an offence to fail to comply with the authority's request for information within the specified compliance period, or to give false information.

Clause 10 makes provision for the decriminalisation of offences under section 139 of the Highways Act 1980 as it applies in London. Under Part 4 of the London Local Authorities Act 2007, a regime for the administration of decriminalised offences is set out in some detail.Clause 10 would have the effect of applying those detailed provisions to decriminalised offences under section 139. Clause 10 provides that the owner of the builder's skip (see above in relation to Clause 9) would be liable to pay any penalty charge arising from a contravention of a decriminalised offence. If the skip is hired out to another person, then the owner would be able to recover penalty charges from the hirer.

The provisions of the Act of 2007 will allow representations to be made against the imposition of penalty charge, and appeals to be made to an adjudicator. The grounds for making such representations and appeals are set out in subsection (6) of Clause 10.

Clause 11 alters the powers of the highway authority to place conditions on the giving of a permission for placing a skip on the highway. It will enable the authority to include a condition that the skip has lights or a guard or system of guarding that is an integral part of the skip.

Clause 12 provides highway authorities with powers to light and cover skips in cases where requirements as to lighting and covering have not been complied with. The clause enables the highway authority to recover any expenses reasonably incurred in lighting or covering the skip.

Clause 13 would enable a highway authority to fix an immobilisation device to a skip in cases where they have also served a penalty charge notice (see Clause 10). The clause also makes requirements of the authority to affix a notice to the skip providing information about how to secure its removal and there are offences for unlawfully removing the skip or the notice.

Clause 14 sets out the circumstances under which a skip will be released from an immobilisation device. It will be removed when the penalty charge and a release fee are paid.

Clause 15 makes additional provision about appeals against penalty charges in cases where a skip has been immobilised under Clause 13. It provides that where representations or an appeal have been made successfully, the highway authority must refund any charges made for the release of the skip as well as the penalty charge for the contravention.

PART 4

ROAD TRAFFIC

Part 4 contains various provisions relating to road traffic.

Clause 16 deals with cases where the local traffic authority has made a road traffic regulation order under the Road Traffic Regulation Act 1984 so as to prevent the passage of vehicles or any class of vehicles into out of or along a highway, and has also placed a gate or other barrier on the highway to ensure that the order is complied with. Sometimes the barriers are authorised to be opened, for example, by the emergency services. Whilst it is an offence to drive along the road in breach of the road traffic regulation order, it is not an offence to interfere with the barrier unless criminal damage is caused. Clause 16 makes it an offence to open, close or otherwise interfere with a barrier without lawful excuse.

Clause 17 deals with pedicabs. Pedicabs are defined in subsection (8) as cycles constructed or adapted to seat one or more passengers and for the purpose of being made available with a driver in the course of a business for the purpose of carrying passengers. Pedicabs are now frequently seen in the streets of central London and have risen in popularity since the last London Local Authorities and Transport for London Bill was deposited in November 2004. That Bill originally contained provisions relating to the regulation of pedicabs. Amongst other things, it would have required the registration of pedicabs with TfL and it also contained other provisions enabling the effective enforcement of road traffic regulation against pedicab owners. Clause 17 does not contain the registration requirements in the previous Bill, but does contain the enforcement provisions.

The clause would assist the councils and TfL in identifying the owner of a pedicab, and therefore enable them to serve a penalty charge notice on the owner where a parking or decriminalised moving traffic offence is committed. The clause would only operate if either the councils or TfL have arrangements in place for a registration scheme for pedicab owners or if a separate statutory licensing scheme had been enacted.

The first thing that Clause 17 does is to set out a presumption, for the purposes of a number of pieces of road traffic legislation, that the owner of a pedicab at any time, if the pedicab is registered or licensed, is the person in whose name the pedicab was registered or licensed at the time. This would enable London authorities to serve penalty charge notices on the licensee or registered person where there have been contraventions of road traffic legislation, for example relating to parking, the use of bus lanes and other moving traffic contraventions.

The second thing that Clause 17 does is to enable the authority responsible for licensing or registering pedicabs to share with London authorities details of the licensee or registered person so as to enable enforcement action to be taken by those London authorities.

The third thing that Clause 17 does is to extend the application of section 15 of the Greater London Council (General Powers) Act 1974 to cover pedicabs. Section 15 makes provision for a prohibition of the parking of motor vehicles on the footway throughout Greater London unless specifically authorised.

Fourthly, the clause also extends the moving traffic contravention provisions of the London Local Authorities and Transport for London Act 2003 so as to cover pedicabs. Those provisions only cover motor vehicles.

PART 5

CHARGING POINTS FOR ELECTRIC VEHICLES

Part 5 enables London authorities to provide and operate charging apparatus for electrically powered motor vehicles on highways.

Clause 18 provides the principal power for London authorities to provide charging apparatus on highways for which they are responsible as highway authority. Under the clause the London authority may also grant other persons permission to provide or operate charging apparatus. The clause applies section 115D of the Highways Act 1980 which provides restrictions on the exercise of similar powers under that Act. It ensures that in exercising the powers, the London authorities would not be able to exercise them so as to prevent traffic, other than vehicular traffic, entering the highway at any place where it could enter before, or passing along the highway, having normal access to premises adjoining the highway; or to prevent any use of vehicles which is not prohibited by a traffic order; or to prevent statutory undertakers and telecommunications code system operators having access to apparatus. Detailed provision is made in relation to cases where the London authority has given permission for someone else to provide charging points, namely that the permission can be subject to such conditions as the London authority think fit and requiring the payment of reasonable charges. There are also provisions about liability in respect of injury, damage or loss arising from the presence of charging apparatus on the highway.

Clause 19 sets out a procedure for giving notice before a London authority can exercise its powers under Clause 18 to provide charging apparatus or grant permission to others to do so. A notice must be posted near to the place where the apparatus is intended to be installed and owners and occupiers of the premises appearing to be affected must also be served.

Clause 20 places London authorities under a requirement to consult other highway authorities who are the highway authority for the highway in question, and the local planning authority before exercising any powers under Clause 18. There are also special provisions relating to highways maintained by railway undertakers.

Clause 21 makes provision for cases where a person to whom permission is granted to install charging apparatus fails to comply with the conditions of the permission. The London authority can serve a notice on that person requiring him to remedy the breach, and if he does not then the London authority can remedy it themselves and recover their expenses in doing so.

Clause 22 makes provision about the unlawful use of charging points provided under Part 5. It provides that charging points may only be used for charging vehicles unless the London authority specifies otherwise (in the case of charging points provided by them) or if a permission given to another person so specifies. It then provides that the London authority or person to whom the permission was given may provide an indication on the charging point as to whether it is permissible, in accordance with such a specification, to use the charging point for purposes other than charging a vehicle. A person would commit an offence, liable to a level 3 fine, if he used the charging point for purposes other than charging a vehicle, but no offence would be committed if he used it for a specified purpose and there was an indication of the specification on the charging point.

PART 6

LONDON LOCAL AUTHORITIES AND TRANSPORT FOR LONDON ACT 2008

Part 6 consists of one clause, namely Clause 23. It makes two minor alterations to the London Local Authorities Act 2008, one to correct a minor drafting error and the other to repeal a provision which has become redundant because of another repeal.

EUROPEAN CONVENTION ON HUMAN RIGHTS

In the view of the Westminster City Council and Transport for London the provisions of the London Local Authorities and Transport for London Bill are compatible with the Convention Rights.