Traffic Management Act 2004
This Part makes provision for the designation of individuals as traffic officers by, or under an authorisation given by, the Secretary of State or the Assembly.
The duties assigned to traffic officers must be connected with, or intended to facilitate or to be conducive or incidental to—
the management of traffic on the relevant road network; or
the performance of any other functions of the appropriate national authority (in its capacity as a traffic authority or highway authority).
In subsection (2) “the relevant road network” means—
the network of relevant roads in England (in the case of traffic officers designated by, or under an authorisation given by, the Secretary of State); or
the network of relevant roads in Wales (in the case of traffic officers designated by, or under an authorisation given by, the Assembly).
Traffic officers shall have such special powers (for use in connection with the performance of their duties) as are referred to in section 5(1).
In this Part “relevant road” means a road in England for which the Secretary of State is the traffic authority or a road in Wales for which the Assembly is the traffic authority.
The appropriate national authority may—
designate individuals as traffic officers; and
authorise another person to designate individuals as traffic officers.
An authorisation under subsection (1)—
must be given (and may be varied or withdrawn) in writing; and
may be given subject to such limitations and conditions as the appropriate national authority thinks appropriate.
The designation of an individual as a traffic officer must be made (and may be withdrawn) in writing.
A designation may provide that it is to remain in force (unless it is withdrawn or otherwise ceases to have effect) for a specified period.
A traffic officer designated under an authorisation must be employed by, or by a person providing services to, the authorised person.
An individual designated under an authorisation shall cease to be a traffic officer if the person who appointed him either withdraws his designation or ceases to be authorised.
The appropriate national authority may direct an authorised person to withdraw immediately the designation of all or any of the individuals who have been designated by that person.
A traffic officer has jurisdiction— unless his designation provides that this subsection does not apply to him.
over any relevant road in England (if he was designated by, or under an authorisation given by, the Secretary of State); or
over any relevant road in Wales (if he was designated by, or under an authorisation given by, the Assembly),
If subsection (1) does not apply to a traffic officer, he has jurisdiction only over such relevant roads, or relevant roads of such descriptions, as may be specified in his designation.
A traffic officer shall, when carrying out his duties, comply with any direction of a constable.
Subject to that, a traffic officer designated by an authorised person shall, when carrying out his duties, comply with any direction of the appropriate national authority.
For the purposes of this Part the special powers of a traffic officer are the following—
powers conferred by sections 6 and 7;
powers conferred by orders under section 8; and
powers conferred by or under any other Act which are expressed to be special powers for the purposes of this section.
The exercise of those powers is subject to the following restrictions.
Those powers may only be exercised for one or more of the following purposes— or for a purpose incidental to any of those purposes.
maintaining or improving the movement of traffic on a relevant road over which the traffic officer has jurisdiction by virtue of section 3;
preventing or reducing the effect of anything causing (or which has the potential to cause) congestion or other disruption to the movement of traffic on such a road;
avoiding danger to persons or other traffic using such a road (or preventing risks of any such danger arising);
preventing damage to, or to anything on or near, such a road;
Subject to that, those powers may be exercised—
on or in relation to any relevant road over which the traffic officer has jurisdiction to act by virtue of section 3; or
if the condition specified in subsection (5) is met, on or in relation to any other road in England and Wales.
The condition is that the traffic officer is acting—
at the direction of the chief officer of police for the area in which the road is situated; or
with the consent of the traffic authority for the road.
A traffic officer may not exercise his special powers on a road unless he is in uniform.
This section confers the following powers on a traffic officer—
a power, when the traffic officer is engaged in the regulation of traffic in a road, to direct a person driving or propelling a vehicle—
to stop the vehicle, or
to make it proceed in, or keep to, a particular line of traffic;
a power, for the purposes of a traffic survey of any description which is being carried out on or in the vicinity of a road, to direct a person driving or propelling a vehicle— (subject to the restriction in section 35(3) of the Road Traffic Act 1988 (c. 52));
to stop the vehicle, or
to make it proceed in, or keep to, a particular line of traffic, or
to proceed to a particular point on or near the road on which the vehicle is being driven or propelled;
a power, when the traffic officer is engaged in the regulation of vehicular traffic in a road, to direct persons on foot (or such persons and other traffic) to stop;
a power to direct a person driving a mechanically propelled vehicle, or riding a cycle, on a road to stop the vehicle or cycle.
In section 35 of the Road Traffic Act 1988 (drivers to comply with traffic directions)—
in subsection (1)—
after “a constable” there is inserted “or traffic officer”;
after “duty” there is inserted “or the traffic officer (as the case may be)”;
in subsection (2)(b) after “constable” there is inserted “or traffic officer”.
In section 37 of that Act (directions to pedestrians)—
after “uniform” there is inserted “or traffic officer”;
after “duty” there is inserted “or the traffic officer (as the case may be)”.
In section 163 of that Act (power of police to stop vehicles), in subsections (1) and (2) after “uniform” there is inserted “or a traffic officer”.
In Part 1 of Schedule 2 to the Road Traffic Offenders Act 1988 (c. 53) (prosecution and punishment of offences under the Traffic Acts), in column 5 of the entry relating to section 35 of the Road Traffic Act 1988 after “constable” there is inserted “, traffic officer”.
A traffic officer has the powers of a constable under section 67(1) of the Road Traffic Regulation Act 1984 (c. 27) (power in the case of emergencies and temporary obstructions etc. to place and temporarily maintain traffic signs on a road or on any structure on a road).
The references in section 67(1) and (2) to powers conferred by subsection (1) of that section include a reference to the corresponding powers of a traffic officer by virtue of this section.
The appropriate national authority may by order made by statutory instrument confer further special powers on traffic officers.
The national authority may not confer a further special power on traffic officers unless it is satisfied that the power is necessary for the purpose of facilitating the performance of any duties which may be assigned to traffic officers.
The order may—
provide for the enforcement of any special power conferred by the order (whether by the creation of a summary offence or otherwise);
make supplemental, incidental, transitional or consequential provision (including provision amending any Act or subordinate legislation).
An order under this section may not be made by the Secretary of State unless a draft of the order has been laid before and approved by a resolution of each House of Parliament.
The power to make regulations under section 99 of the Road Traffic Regulation Act 1984 (c. 27) includes, in relation to the removal of vehicles by traffic officers, power to make consequential provision.
The provision which may be made by virtue of subsection (1) includes in particular provision— any provision of sections 100 to 102 of that Act (disposal of vehicles removed under section 99).
amending, or
applying in relation to vehicles removed by traffic officers (with or without modifications),
A person who assaults a traffic officer in the execution of his duties is guilty of an offence and liable, on summary conviction, to imprisonment for a term not exceeding 51 weeks or to a fine not exceeding level 5 on the standard scale (or both).
A person who resists or wilfully obstructs a traffic officer in the execution of his duties is guilty of an offence and liable, on summary conviction, to imprisonment for a term not exceeding 51 weeks or to a fine not exceeding level 3 on the standard scale (or both).
A person who, with intent to deceive— is guilty of an offence and liable, on summary conviction, to imprisonment for a term not exceeding 51 weeks or to a fine not exceeding level 5 on the standard scale (or both).
impersonates a traffic officer,
makes any statement or does any act calculated falsely to suggest that he is a traffic officer, or
makes any statement or does any act calculated falsely to suggest that he has powers as a traffic officer that exceed the powers he actually has,
A person to whom this subsection applies who fails to give his name and address to a traffic officer in uniform on being required to do so by that officer is guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
Subsection (4) applies to a person whom the traffic officer reasonably believes to have been the driver of a vehicle at a time of a failure to comply with—
a direction given in relation to that vehicle under a power conferred by section 6, or
the indication given by a traffic sign placed under a power conferred by section 7.
In the case of offences committed before the commencement of section 281(5) of the Criminal Justice Act 2003—
subsections (1) and (3) apply as if for “51 weeks” there were substituted “six months”; and
subsection (2) applies as if for “51 weeks” there were substituted “one month”.
The appropriate national authority shall determine the uniform for traffic officers designated by, or under an authorisation given by, that authority.
The appropriate national authority may, at the request of any person, agree to arrange for the services of a traffic officer to be provided to that person subject to the payment of a charge.
In the Highways Act 1980 (c. 66), after section 245 (acquisition of land for buildings etc. required for discharge of functions of highway authority) there is inserted—
The appropriate national authority may give financial assistance to an authorised person, in such form and on such terms as it considers appropriate, in respect of the traffic officers designated by that person (including financial assistance in respect of equipment, accommodation or other facilities provided for those traffic officers).
In this Part—
“permit” is to be construed in accordance with section 32(2);
the Secretary of State, as respects England; and
the Assembly, as respects Wales;
which is situated in a Royal Park;
such other works or activities as may be prescribed,
“permit regulations” is to be construed in accordance with section 37;
“maintainable highway” has the same meaning as in Part 3 of the New Roads and Street Works Act 1991 (c. 22);
“permit scheme” is to be construed in accordance with section 32;
which is a maintainable highway, or
It is the duty of a local traffic authority to manage their road network with a view to achieving, so far as may be reasonably practicable having regard to their other obligations, policies and objectives, the following objectives—
securing the expeditious movement of traffic on the authority’s road network; and
facilitating the expeditious movement of traffic on road networks for which another authority is the traffic authority.
The action which the authority may take in performing that duty includes, in particular, any action which they consider will contribute to securing— and may involve the exercise of any power to regulate or co-ordinate the uses made of any road (or part of a road) in the road network (whether or not the power was conferred on them in their capacity as a traffic authority).
the more efficient use of their road network; or
the avoidance, elimination or reduction of road congestion or other disruption to the movement of traffic on their road network or a road network for which another authority is the traffic authority;
In this Part “network management duty”, in relation to a local traffic authority, means their duty under this section.
A local traffic authority shall make such arrangements as they consider appropriate for planning and carrying out the action to be taken in performing the network management duty.
The arrangements must include provision for the appointment of a person (to be known as the “traffic manager”) to perform such tasks as the authority consider will assist them to perform their network management duty.
The traffic manager may (but need not) be an employee of the authority.
The arrangements must include provision for establishing processes for ensuring (so far as may be reasonably practicable) that the authority— but nothing in this subsection is to be taken to require the identification or consideration of anything appearing to have only an insignificant effect (or potential effect) on the movement of traffic on their road network.
identify things (including future occurrences) which are causing, or which have the potential to cause, road congestion or other disruption to the movement of traffic on their road network; and
consider any possible action that could be taken in response to (or in anticipation of) anything so identified;
The arrangements must include provision for ensuring that the authority—
determine specific policies or objectives in relation to different roads or classes of road in their road network;
monitor the effectiveness of—
the authority’s organisation and decision-making processes; and
the implementation of their decisions; and
assess their performance in managing their road network.
The authority must keep under review the effectiveness of the arrangements they have in place under this section.
The appropriate national authority may publish guidance to local traffic authorities about the techniques of network management or any other matter relating to the performance of the duties imposed by sections 16 and 17.
In performing those duties a local traffic authority shall have regard to any such guidance.
The appropriate national authority may direct a local traffic authority to provide it, within a specified period, with specified information connected with any aspect of the performance of their duties under sections 16 and 17.
The information that may be specified in such a direction—
must be information which the authority have in their possession or can reasonably be expected to acquire; and
includes, in particular, information relating to—
the management of a local traffic authority’s road network; or
the use of their road network by different kinds of traffic or the effects of that use.
A direction under this section may be given to two or more local traffic authorities or to local traffic authorities of a description specified in the direction.
A direction under this section given to a London authority must be copied to the Mayor.
If the appropriate national authority considers that a local traffic authority may be failing properly to perform any of their duties under sections 16 and 17 it may give a notice stating that it is of that opinion (an “intervention notice”) to the authority.
An intervention notice must—
give brief particulars of the grounds for giving the notice; and
offer the local traffic authority the opportunity (within a specified period) to make representations or proposals about any matter raised by the notice.
The notice may also require the local traffic authority to provide the national authority, within the period specified under subsection (2)(b), with specified information.
Any information specified in the notice must be information that the national authority considers will assist it in deciding what further action (if any) to take.
The Secretary of State shall consult the Mayor before giving an intervention notice to a London authority and, if such a notice is given, shall give him a copy of it.
If the appropriate national authority is satisfied that a local traffic authority are failing properly to perform any duty under sections 16 and 17 it may, by order made by statutory instrument (an “intervention order”), make provision for or in connection with the appointment of a traffic director.
In this Part “traffic director” means a person appointed by the national authority with such objectives as the national authority considers will secure that the duty in question is properly performed.
An intervention order providing for the appointment of a traffic director must (among other things)—
state that the national authority is satisfied as mentioned in subsection (1);
give brief particulars of the grounds for appointing a traffic director;
set out the objectives of the traffic director; and
confer such general powers on the traffic director as the national authority considers appropriate for achieving those objectives.
But such an order may not be made unless— but if that period has expired an order may be made whether or not the local traffic authority have complied with any requirements specified under section 20(3).
reasonable notice of the grounds for appointing a traffic director has been given to the local traffic authority in an intervention notice; and
the period specified in the notice under section 20(2)(b) has expired;
The general powers which may be conferred on the traffic director are powers authorising him— The general powers are explained further in sections 23 to 25.
to monitor any matter;
to report on any matter;
to intervene in activities of the local traffic authority; and
to carry out functions of the local traffic authority.
The order may require the traffic director to carry out functions of the local traffic authority.
The order may—
limit the scope of any general powers conferred on the traffic director or any duty imposed under subsection (6);
confer ancillary powers on the traffic director;
provide for the circumstances in which any general or ancillary power may (or may not) be exercised;
impose conditions on the exercise of any general or ancillary power;
make incidental or supplementary provision;
make different provision for different circumstances.
For the purposes of subsection (7) “ancillary power” means a power to do anything calculated to facilitate (or to be conducive or incidental to)— including, in particular, power to require the local traffic authority to provide him with information and assistance.
the exercise by the traffic director of his general powers; or
the performance of any duty imposed on him under subsection (6),
The appropriate national authority shall consult the local traffic authority before making an intervention order which makes further provision in connection with the appointment of a traffic director under an earlier intervention order.
The Secretary of State shall consult the Mayor before making an intervention order in relation to a London authority.
Where by virtue of an intervention order a traffic director is to be appointed in relation to a local traffic authority—
any person (including the national authority making the order, another local traffic authority, a Passenger Transport Executive or any other public authority) may be appointed;
the appointment may be made on such terms as that national authority may consider appropriate; and
the appointment may be revoked by that national authority.
The powers conferred by subsection (1) have effect subject to the provisions of the order.
Notice of any appointment of a traffic director (or the revocation of an appointment) shall be given to the local traffic authority and, in the case of a London authority, to the Mayor.
Any such notice of an appointment must be given before the traffic director begins to carry out any of his duties.
The general powers which may be conferred by an intervention order under section 21(5)(a) are powers to monitor anything connected with the performance by the local traffic authority of their duties under 16 and 17, including the use of their road network by different kinds of traffic or the effects of that use.
The general powers which may be conferred by an intervention order under section 21(5)(b) are powers to make reports about—
anything connected with the carrying out of the traffic director’s objectives; or
anything connected with the performance by the local traffic authority of their duties under sections 16 and 17, including the use of their road network by different kinds of traffic or the effects of that use.
The order may provide for such reports to be made to the appropriate national authority or the local traffic authority (or both).
This section explains the general powers which may be conferred by an intervention order under section 21(5)(c).
Such powers may authorise the traffic director to give to the local traffic authority directions with respect to the exercise of any specified function, including in particular directions—
to exercise (or to cease or refrain from exercising) such a function;
as to the way in which such a function is (or is not) to be exercised;
as to the policies to be adopted in the exercise of any function.
The order may specify any function of the authority (whether or not conferred in their capacity as a traffic authority) the exercise of which appears to the appropriate national authority to be capable of contributing to, or interfering with, the achievement of the traffic director’s objectives.
Such powers may also authorise the traffic director, where it appears to him that the authority has failed to comply with a direction—
to take any steps which still remain to be taken by the authority to comply with the direction, and
recover from the authority as a civil debt the costs reasonably incurred by him in taking those steps.
Anything done by the traffic director under subsection (4)(a) is to be treated as having been done by the authority.
This section explains the general powers which may be conferred by an intervention order under section 21(5)(d) and the duty which may be imposed under section 21(6).
The order may authorise or require the traffic director to take over from the authority the exercise of any specified function.
The order may specify any function of the authority (whether or not conferred in their capacity as a traffic authority) the exercise of which appears to the appropriate national authority to be capable of contributing to, or interfering with, the achievement of the traffic director’s objectives.
The order may require the authority to take action—
to co-ordinate their activities with those of the traffic director in the exercise of functions specified under subsection (2);
to co-operate with the traffic director in the exercise of such functions.
Anything done by the traffic director in the exercise of a specified function is to be treated as having been done by the authority.
The appropriate national authority may by order made by statutory instrument make provision for the application of sections 20 to 25 (with or without modifications) in cases where to any extent the performance of the duties under sections 16 and 17 is carried out jointly by two or more local traffic authorities.
A statutory instrument containing an order under this section made by the Secretary of State is subject to annulment in pursuance of a resolution by either House of Parliament.
The appropriate national authority shall give, in accordance with subsection (2), guidance about the criteria which it proposes to apply for the purpose of deciding whether to give an intervention notice or make an intervention order.
The guidance shall be appended to an order made by the authority by statutory instrument.
A statutory instrument containing an order under subsection (2) made by the Secretary of State is subject to annulment in pursuance of a resolution of either House of Parliament.
The appropriate national authority may give guidance to traffic directors in relation to the performance of their duties.
Such guidance may be general or given to a particular traffic director.
In carrying out his duties a traffic director shall have regard to any guidance under this section which is applicable to him.
The appropriate national authority shall publish any guidance given under this section.
Subsections (2) to (4) apply where a traffic director is appointed in relation to a London authority.
A copy of any report made by a traffic director to the authority shall be given to the Mayor.
In carrying out his duties the traffic director need not comply with, or have regard to, any directions or guidance given by the Mayor under Part 4 of the Greater London Authority Act 1999 (c. 29).
The duty to comply with a direction given by the traffic director prevails, to the extent of any inconsistency, over the duty to comply with, or have regard to, any direction or guidance mentioned in subsection (3).
Subsections (6) to (8) apply where a traffic director is appointed in relation to Transport for London.
If the traffic director— that section has effect as if subsections (3)(d) and (4) were omitted.
exercises the power of Transport for London under subsection (3) of section 301A of the Highways Act 1980 (c. 66) to object to a proposal and does not withdraw that objection, or
directs Transport for London to exercise the power to object to a proposal and not to withdraw the objection,
If the traffic director— that section has effect as if subsections (3)(d) and (4) were omitted.
exercises the power of Transport for London under subsection (3) of section 121B of the Road Traffic Regulation Act 1984 (c. 27) to object to a proposal and does not withdraw that objection, or
directs Transport for London to exercise the power to object to a proposal and not to withdraw the objection,
While the intervention order to which the appointment relates is in force the Mayor may not, without the consent of the traffic director, issue a direction under— dispensing with any of the requirements mentioned there (whether or not by varying an existing direction).
section 301A(9) of the Highways Act 1980, or
section 121B(9) of the Road Traffic Regulation Act 1984,
This section applies where a traffic director has been appointed in respect of a local traffic authority.
The appropriate national authority may recover from the local traffic authority such sum or sums as it may consider appropriate.
The amount recovered must not exceed the total expenditure of the national authority which is attributable to the appointment of the traffic director (including expenditure towards any costs incurred by the traffic director which are not met from any other source).
In this Part—
“traffic” includes pedestrians;
the Secretary of State, as respects England; and
the National Assembly for Wales, as respects Wales;
“intervention order” means an order under section 21;
Any reference in this Part to a permit scheme is a reference to a scheme which is designed to control the carrying out of specified works in specified streets in a specified area.
A permit scheme may (in particular) include provision—
for or in connection with requiring a permit to be obtained before specified works are carried out (including provision as to the persons who are required to obtain permits),
for or in connection with the issue of permits (including provision with respect to applications for permits, provision for cases in which there is to be an entitlement to the issue of a permit and provision with respect to cases in which permits are to be deemed to be issued),
as to cases in which specified works may be carried out without a permit,
for or in connection with the imposition of conditions which are to apply in relation to the carrying out of specified works (including provision for or in connection with the attachment of such conditions to permits),
for or in connection with the review or variation of permits or such conditions (including provision with respect to applications for such variations).
In this section “specified” means specified, or of a description specified, in a permit scheme.
A local highway authority, or two or more such authorities acting together, may prepare and submit to the appropriate national authority a permit scheme.
The appropriate national authority may direct a local highway authority, or two or more such authorities acting together, to prepare and submit to the national authority a permit scheme which takes such form as the national authority may direct.
The appropriate national authority, in its capacity as a highway authority, may prepare a permit scheme.
The Secretary of State, in his capacity as the person with responsibility for the management and control of streets in the Royal Parks, may prepare a permit scheme in respect of any such streets.
Those preparing permit schemes—
must comply with permit regulations, and
must have regard to any guidance which may be issued by the appropriate national authority.
This section applies where a permit scheme is prepared and submitted to the appropriate national authority (“the authority”) in accordance with section 33(1) or (2).
The authority may approve the scheme with or without modifications.
Where it approves the scheme with modifications, references in subsections (4) and (5) to the scheme are to be read as references to the scheme as so modified.
The scheme shall not have effect unless the authority by order gives effect to it.
An order under subsection (4)—
must set out the scheme and specify the date on which the scheme is to come into effect, and
may (in accordance with permit regulations) include provisions which disapply or modify enactments to the extent specified in the order.
This section applies where a permit scheme is prepared in accordance with section 33(3) or (4).
The scheme shall not have effect unless the appropriate national authority by order gives effect to it.
An order under subsection (2)—
must set out the scheme and specify the date on which the scheme is to come into effect, and
may (in accordance with permit regulations) include provisions which disapply or modify enactments to the extent specified in the order.
The appropriate national authority may by order vary or revoke any permit scheme which for the time being has effect.
An order under this section—
may relate to one or more permit schemes,
may vary or revoke any order under section 34 or 35, or any order previously made under this section,
may (in accordance with permit regulations) include provisions which disapply or modify enactments to the extent specified in the order.
The appropriate national authority may by regulations (“permit regulations”) make provision with respect to the content, preparation, submission, approval, operation, variation or revocation of permit schemes.
Permit regulations may—
set out procedural provisions with which those preparing permit schemes must comply,
set out standard provisions which may or must be included in a permit scheme,
make provision as to the publicity to be given to permit schemes.
Permit regulations may make provision—
with respect to any of the matters mentioned in section 32(2) (including provision as to the conditions or types of conditions which may be imposed by virtue of section 32(2)(d)),
for the purpose of limiting the streets, or type of streets, which may be the subject of a permit scheme.
Permit regulations may make provision—
as to the criteria to be taken into account in the case of decisions with respect to the issue, review or variation of permits or decisions with respect to the imposition, review or variation of conditions,
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),
for or in connection with appeals (including provision with respect to the appointment of persons to hear appeals),
as to the action which may be taken if works are carried out without a permit or if any conditions are not complied with,
for or in connection with the creation, in prescribed cases (including prescribed cases where works are carried out without a permit or in breach of any conditions), of a criminal offence triable summarily and punishable with a fine not exceeding level 5 on the standard scale,
for or in connection with excluding or limiting the liability of prescribed undertakers in prescribed cases.
Provision under subsection (4) in respect of adjudication may not be made without the consent of the Lord Chancellor.
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.
Permit regulations may make provision for or in connection with the payment of a fee in respect of any one or more of the following—
an application for a permit,
the issue of a permit,
an application for the variation of a permit or the conditions attached to a permit,
the variation of a permit or the conditions attached to a permit.
Provision made under subsection (7) may include provision as to—
the amount or maximum amount of any fee,
cases in which fees are not to be payable or are to be repaid,
cases in which fees may be discounted,
the time and manner of making payment of fees,
the application of sums paid by way of fees.
In making provision under subsection (7), 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.
For the purposes of subsection (9), the national authority may rely on such estimates (including estimates with respect to the average costs of highway authorities or particular descriptions of highway authority) as the national authority thinks fit.
Permit regulations may make provision—
for or in connection with the creation and maintenance of registers of permits,
with respect to access to information contained in any such registers (including provision restricting such access),
with respect to the keeping of accounts, and the preparation and publication of statements of account, relating to permit schemes.
Permit regulations may make provision for or in connection with permitting a highway authority, or two or more such authorities acting together, to prepare a permit scheme in respect of streets in a particular area which are maintainable highways notwithstanding that the authority, or those authorities, are not the highway authority for all or any of those streets.
Permit regulations may set out provisions—
which disapply or modify enactments, and
which are to or may apply in the case of permit schemes.
Nothing in subsections (2) to (13) is to be taken as affecting the generality of subsection (1).
This Part and any provisions made under it bind the Crown (but do not affect Her Majesty in her private capacity or in right of Her Duchy of Lancaster or the Duke of Cornwall).
Nothing in subsection (1) is to be construed as authorising the bringing of proceedings for a criminal offence against a person acting on behalf of the Crown.
In this Part—
An order or regulations under this Part—
may make different provision for different cases or different areas,
may include incidental, supplemental, consequential or transitional provision or savings.
A power to make an order or regulations under this Part is exercisable by statutory instrument.
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.
Subject to that, a statutory instrument containing regulations under this Part made by the Secretary of State is subject to annulment in pursuance of a resolution of either House of Parliament.
The maximum fine for each offence under a provision of the New Roads and Street Works Act 1991 (c. 22) (in this Part referred to as “the 1991 Act”) listed in column 1 of the table in Schedule 1 is increased from level 3 on the standard scale to the level specified for that provision in column 3 of the table.
Accordingly, in each provision so listed, for “level 3” there is substituted “level 4” or “level 5” (as specified in column 3 of the table).
In section 70(6) of the 1991 Act, for the words from “to a” to the end there is substituted—
In section 74(7B) and 74A(11) of the 1991 Act (maximum fine for offences in regulations in respect of failure to comply with notice requirement) for “level 3” there is substituted “level 4”.
In section 88(6) of the 1991 Act (failure to comply with duties relating to street works affecting the structure of a bridge) for the words from “to a” to the end there is substituted—
After section 95 of the 1991 Act (offences) there is inserted—
fixed penalty offence section 95A(1)
After Schedule 4 to that Act there is inserted Schedules 4A and 4B as set out in Schedules 2 and 3 to this Act.
Section 59 of the 1991 Act (general duty of street authority to co-ordinate works) is amended as follows.
In subsection (1) after “purposes)” there is inserted “and the carrying out of relevant activities”.
In subsection (2) after “works” there is inserted “or relevant activities”.
After subsection (6) there is inserted—
Section 56 of the 1991 Act (power to give directions as to timing of street works) is amended as follows.
In subsection (1)—
in paragraph (b), after “at certain times” there is inserted “or on certain days (or at certain times on certain days)”;
after “the times” there is inserted “or days (or both)”.
After subsection (1) there is inserted—
After subsection (3) there is inserted—
In the 1991 Act, after section 56 there is inserted—
Section 53 of the 1991 Act (the street works register) is amended as follows.
In subsection (1)—
after “respect to” (in the second place they appear) there is inserted “(a)”; and
at the end there is added ; and
After subsection (4) there is inserted—
After subsection (5) there is inserted—
Section 79 of the 1991 Act (records of location of apparatus) is amended as follows.
After subsection (1) there is inserted—
After subsection (2) there is inserted—
After subsection (3) there is inserted—
Section 80 of the 1991 Act (duties where person finds unidentified apparatus) is amended as follows.
In subsection (1) for “made available by the undertaker” there is substituted “kept by the undertaker under section 79(1) and made available by him”.
After subsection (1) there is inserted—
For subsections (2) and (3) there is substituted—
In subsection (4) for “(2)” there is substituted “any requirement imposed on him by regulations under subsection (2)”.
After subsection (4) there is added—
After section 53 of the 1991 Act (the street works register) there is inserted—
In section 54 of the 1991 Act (advance notice of certain works)—
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”;
after subsection (4) there is inserted—
In section 55 of that Act (notice of starting date of works) after subsection (7) there is inserted—
In section 93 of that Act (works affecting level crossings or tramways) in subsection (2) for “(7)” there is substituted “(9)”.
Section 67 of the 1991 Act (qualifications of supervisors and operatives) is amended as follows.
After subsection (1) there is inserted—
After subsection (2) there is inserted—
In subsection (3) for “or (2)” there is substituted “, (2) or (2C)”.
In subsection (4), after paragraph (b) there is inserted and
Section 58 of the 1991 Act (restriction on works following substantial road works) is amended as specified in subsections (2) to (8).
In subsection (1), for the words “twelve months” there is substituted “prescribed period”.
In subsection (2), after “prescribed” there is inserted “form and” and for “three months” there is substituted “such period as may be prescribed”.
In subsection (3) after paragraph (e) there is inserted and (and the word “and” after paragraph (d) is omitted).
In subsection (4), for paragraphs (a) and (b) there is substituted “within such period as may be prescribed”.
In subsection (6), at the beginning of paragraph (b) there is inserted “if he is convicted of an offence under this subsection”.
In subsection (7), for “by arbitration” there is substituted “in the prescribed manner”.
After that subsection there is inserted—
In section 55 of the 1991 Act (notice of starting date of works), in subsection (2), after “works,” there is inserted “or in cases where the undertaker has been given notice under section 58(1),”.
After section 58 of the 1991 Act there is inserted—
After Schedule 3 to that Act there is inserted Schedule 3A as set out in Schedule 4 to this Act.
In section 57 of that Act (notice of emergency works)—
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)”;
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 “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),”.
In section 72 of the 1991 Act (powers of street authority in relation to reinstatement)—
in subsection (3), for “of not less than 7 working days” there is substituted “, not being less than such period as may be prescribed,”; and
after subsection (3) there is inserted—
In section 90 of the 1991 Act (powers of street authority in relation to reinstatement of sewers, etc.)—
in subsection (2), for “of not less than 7 working days” there is substituted “, not being less than such period as may be prescribed,”; and
after subsection (2) there is inserted—
Section 70 of the 1991 Act (duty of undertaker to reinstate) is amended as follows.
After subsection (1) there is inserted—
For subsections (3) and (4) there is substituted—
After section 73 of the 1991 Act there is inserted—
In section 106 of that Act—
re-surfacing notice section 73A(7) re-surfacing works section 73A(7)
surface section 73A(7)
After section 73C of the 1991 Act there is inserted—
After section 78 of the 1991 Act there is inserted—
In section 96 of the 1991 Act, in subsection (3), after “street)” there is inserted “or 78A (contributions to costs of re-surfacing by undertakers)”.
In section 72 of the 1991 Act (powers of street authority in relation to reinstatement) after subsection (2) there is inserted—
For section 75 of that Act (inspection fees) there is substituted—
After section 73E of the 1991 Act (as inserted by section 56 above) there is inserted—
The Secretary of State may by order made by statutory instrument designate roads and proposed roads in Greater London, other than roads for which the Secretary of State or Transport for London is the traffic authority, as strategic roads for the purposes of—
section 301A of the 1980 Act, and
section 121B of the 1984 Act.
Any road or proposed road so designated shall become a strategic road as from such date as may be specified in the order.
No order under subsection (1) may be made in respect of a road or proposed road in a London borough if an order under that subsection has been made in respect of any other road or proposed road in that borough.
In this section and section 61—
“road” means any length of highway or of any other road to which the public has access, and includes bridges over which a road passes;
“strategic road” means a road which is for the time being a strategic road by virtue of an order under subsection (1) or section 61(1);
“traffic authority” has the same meaning as in the 1984 Act.
For the purposes of this section and section 61—
the City of London shall be treated as if it were a London borough;
the Common Council shall be treated as if it were the council for a London borough;
the Inner Temple and the Middle Temple shall be treated as forming part of the City.
In this Part—
“the 1984 Act” means the Road Traffic Regulation Act 1984 (c. 27).
A statutory instrument containing an order under this section is subject to annulment in pursuance of a resolution of either House of Parliament.
If the Mayor of London considers it expedient that any road or proposed road in Greater London, other than a road for which the Secretary of State or Transport for London is the traffic authority, should become a strategic road then the Greater London Authority may by order direct that the road or proposed road shall become a strategic road.
Subject to subsection (3), an order under subsection (1) takes effect on such date as may be specified in the order.
An order under subsection (1) is of no effect unless—
it is made with the consent of the council for the London borough in which the road is situated (or proposed road is to be situated), or
if that consent is refused, it is confirmed (with or without modifications) by the Secretary of State.
If the Mayor considers it expedient that any strategic road should cease to be such a road then the Greater London Authority may by order direct that the road shall cease to be such a road.
An order under subsection (4) takes effect on such date as may be specified in the order.
The functions of the Greater London Authority under this section are functions exercisable by the Mayor acting on its behalf.
Section 124C of the 1984 Act (certification and records) applies in relation to strategic roads as it applies in relation to GLA side roads.
Section 301A of the 1980 Act (London borough council exercising powers under that Act so as to affect certain roads) is amended as follows.
In subsection (1)—
at the end of paragraph (a) there is inserted—;
in paragraph (b), after “borough” there is inserted “other than a GLA road or strategic road”.
In subsection (3)(a), for the words from “by Transport for London” to the end there is substituted —.
After subsection (3) there is inserted—
In subsection (5)(a), for the words from “a GLA road” to the end there is substituted —.
In subsection (10)—
in paragraph (b), at the end there is inserted “or strategic roads”;
in paragraph (c), for “neither GLA roads nor” there is substituted “not GLA roads, strategic roads or”.
After subsection (16) there is inserted—
Section 121B of the 1984 Act (London borough council exercising powers under that Act so as to affect certain roads) is amended as follows.
In subsection (1)—
at the end of paragraph (a) there is inserted—;
in paragraph (b), after “borough” there is inserted “other than a GLA road or strategic road”.
In subsection (3)(a), for the words from “by Transport for London” to the end there is substituted —.
After subsection (3) there is inserted—
In subsection (5)(a), for the words from “a GLA road” to the end there is substituted —.
In subsection (10)—
in paragraph (b), at the end there is inserted “or strategic roads”;
in paragraph (c), for “neither GLA roads nor” there is substituted “not GLA roads, strategic roads or”.
After subsection (12) there is inserted—
After section 314 of the 1980 Act (offences by body corporate) there is inserted—
In section 322(5) of that Act (service of notices etc.), after paragraph (a) there is inserted—.
After Schedule 22 to that Act there is inserted Schedules 22A and 22B as set out in Schedules 5 and 6 to this Act.
In the New Roads and Street Works Act 1991 (c. 22), in section 97 (service of notices etc.) after subsection (2) there is inserted—
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—
The appropriate national authority may by regulations made by statutory instrument require a local highway authority to make and keep a record of the location of any object of a description specified in the regulations which has been placed by that authority in a street.
Regulations under this section may include provision—
as to the form in which a record is to be made;
as to supplementary information to be included in a record;
requiring a record to be made available for inspection.
The reference in subsection (1) to an object placed in a street includes an object placed under, over, across, along or upon a street.
In this section—
“appropriate national authority” means—
the National Assembly for Wales, in relation to local highway authorities in Wales;
A statutory instrument containing regulations under this section made by the Secretary of State is subject to annulment in pursuance of a resolution of either House of Parliament.