Highways Act 1980

• (6) On the hearing of the application any person who is, within the meaning of section 130A above, a person for the time being responsible for the obstruction to which the application relates has a right to be heard as respects the matters mentioned in section 130B(4) above.

• (7) Notice of the hearing, of the right to be heard under subsection (6) above and of the right to appeal against a decision on the application shall be given by the court to each person whose name and address is notified to the court under subsection (5) above.

Section 130B: costs.

130D

Where an application under section 130B above is dismissed by virtue of paragraph (a), (b) or (c) of subsection (5) of that section, the court, in determining whether and if so how to exercise its power under section 64(1) of the Magistrates’ Courts Act 1980 (costs), shall have particular regard to any failure by the highway authority to give the applicant appropriate notice of, and information about, the grounds relied on by the authority under that paragraph.

Penalty for damaging highway etc.

131A

• (1) A person who, without lawful authority or excuse, so disturbs the surface of—

• (a) a footpath,

• (b) a bridleway, or

• (c) any other highway which consists of or comprises a carriageway other than a made-up carriageway,

as to render it inconvenient for the exercise of the public right of way is guilty of an offence and liable to a fine not exceeding level 3 on the standard scale.

• (2) Proceedings for an offence under this section shall be brought only by the highway authority or the council of the non-metropolitan district, parish or community in which the offence is committed; and, without prejudice to section 130 (protection of public rights) above, it is the duty of the highway authority to ensure that where desirable in the public interest such proceedings are brought.

135A

• (1) Where works of a prescribed description are likely to cause danger to users of a footpath or bridleway which passes over any land, the occupier of the land may, subject to the provisions of this section, temporarily divert—

• (a) so much of the footpath or bridleway as passes over that land, and

• (b) so far as is requisite for effecting that diversion, so much of the footpath or bridleway as passes over other land occupied by him.

• (2) A person may not under this section divert any part of a footpath or bridleway if—

• (a) the period or periods for which that part has been diverted under this section, and

• (b) the period or periods for which any other part of the same footpath or bridleway passing over land occupied by him has been diverted under this section,

amount in aggregate to more than fourteen days in any one calendar year.

• (3) Where a person diverts a footpath or bridleway under this section—

• (a) he shall do so in a manner which is reasonably convenient for the exercise of the public right of way, and

• (b) where the diversion is by means of a temporary footpath or bridleway, he shall so indicate the line of the temporary footpath or bridleway on the ground to not less than the minimum width that it is apparent to members of the public wishing to use it.

• (4) This section does not authorise a person—

• (a) to divert a footpath or bridleway on to land not occupied by him without the consent of the occupier of that land and of any other person whose consent is needed to obtain access to it,

• (b) to divert a footpath onto a highway other than a footpath or bridleway, or

• (c) to divert a bridleway onto a highway other than a bridleway.

• (5) The person by whom a footpath or bridleway is diverted under this section shall—

• (a) at least fourteen days before the commencement of the diversion, give notice of the diversion in accordance with subsection (6) below,

• (b) at least seven days before the commencement of the diversion, publish notice of the diversion in a local newspaper circulating in the area in which the footpath or bridleway is situated, and

• (c) display such notices as may be prescribed at such places, in such manner and at such times before or during the diversion as may be prescribed.

• (6) Notice under subsection (5)(a) above shall be given—

• (a) to the highway authority for the footpath or bridleway,

• (b) if the footpath or bridleway is on or contiguous with access land in England, to Natural England , and

• (c) if the footpath or bridleway is on or contiguous with access land in Wales, to the Natural Resources Body for Wales.

• (7) A notice under subsection (5)(a), (b) or (c) above shall be in such form and contain such information as may be prescribed.

• (8) If a person—

• (a) in a notice which purports to comply with the requirements of subsection (5)(a) or (b) above, makes a statement which he knows to be false in a material particular,

• (b) by a notice displayed on or near a footpath or bridleway, falsely purports to be authorised under this section to divert the footpath or bridleway, or

• (c) in diverting a footpath or bridleway under this section, fails to comply with subsection (3) above,

he shall be guilty of an offence and liable to a fine not exceeding level 3 on the standard scale.

• (9) In this section—

• “ access land ” has the same meaning as in Part I of the Countryside and Rights of Way Act 2000;

• “ minimum width ” in relation to a temporary footpath or bridleway, means the minimum width, within the meaning of Schedule 12A to this Act, of the footpath or bridleway diverted;

• “ prescribed ” means prescribed by regulations made by the Secretary of State.

Temporary diversion for dangerous works: supplementary.

135B

• (1) The person by whom a footpath or bridleway is diverted under section 135A above shall, before the diversion ceases to be authorised by that section, make good any damage to the footpath or bridleway resulting from the works mentioned in subsection (1) of that section, and remove from the footpath or bridleway any obstruction resulting from those works.

• (2) Any person who fails to comply with the duty imposed on him by subsection (1) above is guilty of an offence and liable to a fine not exceeding level 3 on the standard scale.

• (3) The highway authority may make good any damage, or remove any obstruction, in respect of which any person has failed to comply with that duty and recover from that person the amount of any expenses reasonably incurred by them in or in connection with doing so.

• (4) Paragraph 3(1) of Schedule 12A to this Act does not apply in relation to any disturbance of the surface of a footpath or bridleway which subsection (1) above requires any person to make good; but paragraphs 7 and 8 of that Schedule apply for the purposes of subsection (3) above as if—

• (a) references to the authority were references to the highway authority,

• (b) references to the work were references to work carried out under subsection (3) above in relation to a footpath or bridleway, and

• (c) references to the relevant land were references to the land over which the footpath or bridleway passes.

• (5) The diversion of a footpath or bridleway under section 135A above does not—

• (a) affect the liability of any person for anything done in relation to the path or way otherwise than for the purposes of or in consequence of the works mentioned in subsection (1) of that section, or

• (b) authorise any interference with the apparatus or works of any statutory undertakers.

• (6) Without prejudice to section 130 (protection of public rights of way) above, it is the duty of the highway authority to enforce the provisions of section 135A and this section.

137ZA

• (1) Where a person is convicted of an offence under section 137 above in respect of the obstruction of a highway and it appears to the court that—

• (a) the obstruction is continuing, and

• (b) it is in that person’s power to remove the cause of the obstruction,

the court may, in addition to or instead of imposing any punishment, order him to take, within such reasonable period as may be fixed by the order, such steps as may be specified in the order for removing the cause of the obstruction.

• (2) The time fixed by an order under subsection (1) above may be extended or further extended by order of the court on an application made before the end of the time as originally fixed or as extended under this subsection, as the case may be.

• (3) If a person fails without reasonable excuse to comply with an order under subsection (1) above, he is guilty of an offence and liable to a fine not exceeding level 5 on the standard scale; and if the offence is continued after conviction he is guilty of a further offence and liable to a fine not exceedingone-twentieth of the greater of £5,000 or level 4 on the standard scale for each day on which the offence is so continued.

• (4) Where, after a person is convicted of an offence under subsection (3) above, the highway authority for the highway concerned exercise any power to remove the cause of the obstruction, they may recover from that person the amount of any expenses reasonably incurred by them in, or in connection with, doing so.

• (5) A person against whom an order is made under subsection (1) above is not liable under section 137 above in respect of the obstruction concerned—

• (a) during the period fixed under that subsection or any extension under subsection (2) above, or

• (b) during any period fixed under section 311(1) below by a court before whom he is convicted of an offence under subsection (3) above in respect of the order.

137A

• (1) Where a crop other than grass has been sown or planted on any agricultural land the occupier of the land shall from time to time take such steps as may be necessary—

• (a) to ensure that the line on the ground of any relevant highway on the land is so indicated to not less than its minimum width as to be apparent to members of the public wishing to use the highway; and

• (b) to prevent the crop from so encroaching on any relevant highway, whether passing over that or adjoining land, as to render it inconvenient for the exercise of the public right of way.

• (2) For the purposes of subsection (1) above, a crop shall be treated as encroaching on a highway if, and only if, any part of the crop grows on, or otherwise extends onto or over, the highway in such a way as to reduce the apparent width of the highway to less than its minimum width.

• (3) For the purposes of the application of subsection (1) above in the case of a particular crop, the crop shall be treated as grass if, and only if—

• (a) it is of a variety or mixture commonly used for pasture, silage or haymaking, whether or not it is intended for such a use in that case; and

• (b) it is not a cereal crop.

• (4) If the occupier fails to comply with the duty imposed by subsection (1) above he is guilty of an offence and liable to a fine not exceeding level 3 on the standard scale.

• (5) Without prejudice to section 130 (protection of public rights) above, it is the duty of the highway authority to enforce the provisions of this section.

• (6) In this section—

• “minimum width”, in relation to a highway, has the same meaning as in Schedule 12A to this Act; and

• “relevant highways” means—

• (a) a footpath,

• (b) a bridleway, or

• (c) any other highway which consists of or comprises a carriageway other than a made-up carriageway.

140A

• (1) The Minister may make provision by regulations requiring the owner of a builder’s skip deposited on a highway maintainable at the public expense to pay a charge to the highway authority where—

• (a) the period for which the skip remains in the highway exceeds such period as may be prescribed, and

• (b) the skip is not removed within a reasonable period.

• (2) For this purpose “a reasonable period” means such period as is agreed by the authority and the owner of the skip to be reasonable or, in default of such agreement, is determined by arbitration to be reasonable in the circumstances.

In default of agreement, the authority’s view as to what is a reasonable period shall be acted upon pending the decision of the arbitrator.

• (3) The regulations may provide that if a person applying to the highway authority for permission under section 139 above submits together with his application an estimate of the likely duration of the occupation of the highway, the period stated in the estimate shall be taken to be agreed by the authority to be reasonable unless they give notice, in such manner and within such period as may be prescribed, objecting to the estimate.

• (4) The regulations may also provide that if it appears to the owner of the skip that by reason of matters not previously foreseen or reasonably foreseeable the duration of the occupation of the highway—

• (a) is likely to exceed the prescribed period,

• (b) is likely to exceed the period stated in his previous estimate, or

• (c) is likely to exceed the period previously agreed or determined to be a reasonable period,

he may submit an estimate or revised estimate accordingly, and that if he does so any previous estimate, agreement or determination shall cease to have effect and the period stated in the new estimate shall be taken to be agreed by the authority to be reasonable unless they give notice, in such manner and within such period as may be prescribed, objecting to the estimate.

• (5) The amount of the charge shall be determined in such manner as may be prescribed by reference to the period for which the highway is occupied by the skip and the extent of the occupation.

Different rates of charge may be prescribed according to the place and time of the occupation and such other factors as appear to the Minister to be relevant.

• (6) The regulations may make provision as to the time and manner of making payment of any charge.

• (7) The regulations shall provide that a highway authority may reduce the amount, or waive payment, of a charge in any particular case, in such classes of case as they may decide or as may be prescribed, or generally.

• (8) In this section “prescribed” means prescribed by the Minister by regulations.

140B

• (1) The Secretary of State may make provision by regulations requiring the owner of a builder's skip deposited on a highway maintainable at the public expense to pay to the highway authority a charge determined, in the prescribed manner, by reference to the period for which the highway is occupied by the skip.

• (2) The regulations shall not require charges to be paid to a local highway authority unless the Secretary of State has, by order, approved the authority for the purposes of the regulations.

• (3) The regulations may require disputes of any prescribed description to be referred to an arbitrator appointed in accordance with the regulations.

• (4) Subsections (4) and (8) to (20) of section 140A apply in relation to regulations under subsection (1) of this section as they apply in relation to regulations under subsection (1) of that section.

140C

Nothing shall be taken to prevent the imposition of charges by both regulations under section 140A and regulations under section 140B in respect of the same builder's skip at the same time.

147ZA

• (1) With respect to any relevant structure, a competent authority may enter into an agreement with the owner, lessee or occupier of the land on which the structure is situated which provides—

• (a) for the carrying out by the owner, lessee or occupier of any qualifying works and the payment by the competent authority of the whole or any part of the costs incurred by him in carrying out those works, or

• (b) for the carrying out by the competent authority of any qualifying works at their own expense or subject to the payment by the owner, lessee or occupier of the whole or any part of the costs incurred in carrying out those works.

• (2) In this section—

• (a) “competent authority” has the same meaning as in section 147 above,

• (b) “relevant structure” means a stile, gate or other structure which—

• (i) is authorised by a condition or limitation subject to which the public right of way over the footpath or bridleway was created, or

• (ii) is authorised under section 147 above,

but does not include a structure to which an agreement falling within section 146(5)(b) above relates, and

• (c) “qualifying works”, in relation to a relevant structure, means works for replacing or improving the structure which will result in a structure that is safer or more convenient for persons with mobility problems.

• (3) An agreement under this section may include such conditions as the competent authority think fit.

• (4) Those conditions may in particular include conditions expressed to have enduring effect—

• (a) for the maintenance of the structure as replaced or improved, and

• (b) for enabling the public right of way to be exercised without undue inconvenience to the public.

• (5) Where an agreement under this section has been entered into in relation to any structure—

• (a) the public right of way is to be deemed to be subject to a condition that the structure as replaced or improved may be erected and maintained in accordance with the agreement so long as any conditions included by virtue of subsection (4) above are complied with,

• (b) in a case falling within subsection (2)(b)(i) above, as from the effective date the previous condition or limitation relating to the relevant structure shall cease to have effect, and

• (c) in a case falling within subsection (2)(b)(ii) above, as from the effective date the previous authorisation under section 147 above shall cease to have effect in relation to the relevant structure.

• (6) In subsection (5) above “the effective date” means—

• (a) the first anniversary of the day on which the agreement was entered into, or

• (b) such earlier date as may be specified for the purposes of this subsection in the agreement.

• (7) For the purposes of section 143 above, any stile, gate or other structure replaced or improved in pursuance of an agreement under this section is to be deemed to be erected under this section only if any conditions included by virtue of subsection (4) above are complied with.

• (8) A competent authority may not enter into an agreement under this section except with the consent of every owner, lessee or occupier of the land on which the relevant structure is situated who is not a party to the agreement.

• (9) The Secretary of State may issue guidance to competent authorities as to matters to be taken into account for the purposes of this section; and in exercising their powers under this section competent authorities shall have regard to any such guidance issued to them.

147A

• (1) Subject to subsection (4) below, no person shall, for the purpose of selling anything, or offering or exposing anything for sale, use any stall or similar structure or any container or vehicle, kept or placed on—

• (a) the verge of a trunk road or a principal road;

• (b) a lay-by on any such road; or

• (c) unenclosed land within 15 metres of any part of any such road,

where its presence or its use for that purpose causes or is likely to cause danger on the road or interrupts or is likely to interrupt any user of the road.

• (2) Any person who contravenes this section shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

• (3) It shall be a defence for a person charged with an offence under this section to prove that he took all reasonable precautions and exercised all due diligence to avoid commission of the offence.

• (4) This section does not apply—

• (a) to the sale or offer or exposure for sale of things from or on a vehicle which is used only for the purposes of itinerant trading with the occupiers of premises, or is used only for that purpose and for purposes other than trading;

• (b) to the sale or offer or exposure for sale of newspapers;

• (c) to anything done at a market in respect of which tolls, stallages or rents are payable; or

• (d) to the sale or offer or exposure for sale of anything by way of street trading which has been authorised under Schedule 4 to the Local Government (Miscellaneous Provisions) Act 1982 or under any local enactment which makes provision similar to that made by that Schedule, either by the person so authorised or by a person acting as assistant to the person so authorised.

160A

Schedule 12A to this Act shall have effect.

161A

• (1) If a person—

• (a) lights a fire on any land not forming part of a highway which consists of or comprises a carriageway; or

• (b) directs or permits a fire to be lit on any such land,

and in consequence a user of any highway which consists of or comprises a carriageway is injured, interrupted or endangered by, or by smoke from, that fire or any other fire caused by that fire, that person is guilty of an offence and liable to a fine not exceeding level 5 on the standard scale.

• (2) In any proceedings for an offence under this section it shall be a defence for the accused to prove—

• (a) that at the time the fire was lit he was satisfied on reasonable grounds that it was unlikely that users of any highway consisting of or comprising a carriageway would be injured, interrupted or endangered by, or by smoke from, that fire or any other fire caused by that fire; and

• (b) either—

• (i) that both before and after the fire was lit he did all he reasonably could to prevent users of any such highway from being so injured, interrupted or endangered, or

• (ii) that he had a reasonable excuse for not doing so.

171A

• (1) The Minister may make provision by regulations requiring a person carrying out any of the following works in a highway maintainable at the public expense—

• (a) erecting or retaining a relevant structure within the meaning of section 169(1) above, or

• (b) depositing building materials, rubbish or other things, or making a temporary excavation, as mentioned in section 171(1) above,

to pay a charge to the highway authority if the duration of the works exceeds such period as may be prescribed and the works are not completed within a reasonable period.

• (2) For this purpose “ a reasonable period ” means such period as is agreed by the authority and the person executing the works to be reasonable or, in default of such agreement, is determined by arbitration to be reasonable in the circumstances.

In default of agreement, the authority’s view as to what is a reasonable period shall be acted upon pending the decision of the arbitrator.

• (3) The regulations may provide that if a person applying to the highway authority for a licence under section 169 or consent under section 171 submits together with his application an estimate of the likely duration of the works, the period stated in the estimate shall be taken to be agreed by the authority to be reasonable unless they give notice, in such manner and within such period as may be prescribed, objecting to the estimate.

• (4) The regulations may also provide that if it appears to the person carrying out the works that by reason of matters not previously foreseen or reasonably foreseeable the duration of the works—

• (a) is likely to exceed the prescribed period,

• (b) is likely to exceed the period stated in his previous estimate, or

• (c) is likely to exceed the period previously agreed or determined to be a reasonable period,

he may submit an estimate or revised estimate accordingly, and that if he does so any previous estimate, agreement or determination shall cease to have effect and the period stated in the new estimate shall be taken to be agreed by the authority to be reasonable unless they give notice, in such manner and within such period as may be prescribed, objecting to the estimate.

• (5) The amount of the charge shall be determined in such manner as may be prescribed by reference to the time taken to complete the works and the extent to which the surface of the highway is affected by the works.

Different rates of charge may be prescribed according to the description of works, the place and time at which they are executed and such other factors as appear to the Minister to be relevant.

• (6) The regulations may make provision as to the time and manner of making payment of any charge.

• (7) The regulations shall provide that a highway authority may reduce the amount, or waive payment, of a charge in any particular case, in such classes of case as they may decide or as may be prescribed, or generally.

• (8) In this section “ prescribed ” means prescribed by the Minister by regulations.

171B

• (1) The Secretary of State may make provision by regulations requiring a person who—

• (a) erects a relevant structure on or over a highway maintainable at the public expense,

• (b) deposits building materials, rubbish or other things in such a highway, or

• (c) makes a temporary excavation in such a highway,

to pay a charge to the highway authority.

• (2) The reference in subsection (1)(a) to the erection of a relevant structure is a reference to the erection, in connection with any building or demolition work or the alteration, repair, maintenance or cleaning of any building, of any scaffolding or other structure that obstructs the highway.

• (3) The charge shall be determined in the prescribed manner, by reference to the period (in this section, the “relevant period”) for which—

• (a) a relevant structure is on or over the highway,

• (b) things are deposited in the highway, or (as the case may be)

• (c) there is an excavation in the highway.

• (4) The regulations shall not require charges to be paid to a local highway authority unless the Secretary of State has, by order, approved the authority for the purposes of the regulations.

• (5) The regulations may require disputes of any prescribed description to be referred to an arbitrator appointed in accordance with the regulations.

• (6) Subsections (6) and (10) to (22) of section 171A apply in relation to regulations under subsection (1) of this section as they apply in relation to regulations under subsection (1) of that section.

171C

Nothing shall be taken to prevent the imposition of charges by both regulations under section 171A and regulations under section 171B in respect of the same structure, things or excavation at the same time.

175A

• (1) In executing works in a street which may impede the mobility of disabled persons or blind persons highway authorities, local authorities and any other person exercising a statutory power to execute works on a highway shall have regard to the needs of such persons.

• (2) Any such authority or person as is mentioned in subsection (1) above shall have regard to the needs of disabled persons and blind persons when placing lamp-posts, bollards, traffic-signs, apparatus or other permanent obstructions in a street.

• (3) Highway authorities shall have regard to the needs of disabled persons when considering the desirability of providing ramps at appropriate places between carriageways and footways.

• (4) In executing in a street any such works as are mentioned in subsection (1) above, any such authority or person as is mentioned in that subsection shall have regard to the need of blind persons to have any openings, whether temporary or permanent, in the street, properly protected.

• (5) Section 28 of the Chronically Sick and Disabled Persons Act 1970 (power to define certain expressions for the purposes of provisions of that Act) shall have effect as if any reference in it to a provision of that Act included a reference to this section.

Application by proprietor of school for special extinguishment order.

Stopping up of footpaths , bridleways and restricted byways crossing railways.

245A

• (1) The Secretary of State may acquire land which in his opinion is required for the provision of any buildings or facilities which are needed—

• (a) for use by, or in connection with the activities of, traffic officers in England; or

• (b) for other purposes connected with the management of traffic on highways in England for which he is the highway authority.

• (1A) A strategic highways company may acquire land in England which in its opinion is required for the provision of any buildings or facilities which are needed—

• (a) for use by, or in connection with the activities of, traffic officers in the area for which it is appointed in accordance with Part 1 of the Infrastructure Act 2015; or

• (b) for other purposes connected with the management of traffic on highways in that area and for which it is the highway authority.

• (2) The National Assembly for Wales may acquire land which in its opinion is required for the provision of any buildings or facilities which are needed—

• (a) for use by, or in connection with the activities of, traffic officers in Wales; or

• (b) for other purposes connected with the management of traffic on highways in Wales for which it is the highway authority.

Power of landowner affected by rights acquisition to compel acquisition of whole interest.

Dedication of highway by agreement with parish or community council.

266A

• (1) This section applies where, by virtue of an order made by the Greater London Authority under section 14B(2) above, a highway or proposed highway becomes, or ceases to be, a GLA road.

• (2) As from the operative date there are transferred to the new highway authority by virtue of this section—

• (a) the property mentioned in subsection (4) below, in so far as, immediately before the operative date, it was vested in the former highway authority for the purposes of their functions in relation to the transferred highway, and

• (b) all liabilities incurred by any such authority for the purposes of its functions in relation to the transferred highway and not discharged before the operative date, other than loans and loan charges,

and the property and liabilities so transferred vest, by virtue of this section, in the new highway authority.

• (3) There is not transferred to the new highway authority by virtue of this section any right or liability in respect of—

• (a) work done, services rendered, goods delivered, or money due for payment, before the operative date, or

• (b) damages or compensation for any act or omission before that date, or

• (c) the price of, or compensation for, any land purchased, or for which a contract to purchase has been concluded, before that date.

• (4) The property referred to in subsection (2)(a) above is—

• (a) land, other than land—

• (i) vested in the former highway authority for the purpose of being used for the storage of materials required wholly or mainly for the maintenance and improvement of other highways, or

• (ii) acquired for the improvement or development of frontages to the highway, or of land adjoining or adjacent to the highway, and

• (b) all other property (including unexpended balances of any grants paid by the Minister to the former highway authority), other than—

• (i) materials to be used for the maintenance or improvement of the highway, and

• (ii) the unexpended balances of any loans raised by the former highway authority.

• (5) Any property vested in the new highway authority by virtue of this section shall be held by it subject to all covenants, conditions and restrictions subject to which the property was held by the former highway authority and to all liabilities affecting the property, except liabilities referred to in subsection (3) above.

• (6) The new highway authority and the former highway authority may agree, on such terms as they think fit—

• (a) that any property or liabilities (except loans and loan charges) acquired or incurred by the former highway authority for the purposes of their functions in relation to the transferred highway, other than property or liabilities transferred to the new highway authority by virtue of this section, shall be transferred to the new highway authority, or

• (b) that any property or liabilities transferred to the new highway authority by virtue of this section shall be re-transferred to the former highway authority.

• (7) Any dispute between the new highway authority and any other person as to the property or liabilities transferred by virtue of this section shall be determined by arbitration.

• (8) Paragraphs 1 and 3 to 8 of Schedule 21 to this Act shall have effect for the purpose of providing for transitional matters arising where a highway or proposed highway becomes, or ceases to be, a GLA road as it applies where a highway becomes, or ceases to be, a trunk road; but in having such effect those paragraphs shall be treated as if—

• (a) for the references to a trunk road there were substituted references to a GLA road, and

• (b) for the references to the Minister or a strategic highways company there were substituted references to the new highway authority (within the meaning of this section).

• (9) For the purposes of this section—

• “ former highway authority ” means the highway authority for the transferred highway immediately before the operative date;

• “ new highway authority ” means the highway authority for the transferred highway immediately after the operative date;

• “ operative date ” means the date on which the highway or proposed highway becomes, or ceases to be, a GLA road;

• “ property ” includes property, rights and powers of every description; and

• “ transferred highway ” means the highway or proposed highway which is the subject of the order under section 14B(2) above.

266B

• (1) This section applies where, by virtue of an order made by the Greater London Authority under section 14B(2) above, a highway or proposed highway becomes, or ceases to be, a GLA road.

• (2) The Greater London Authority may, if it is necessary in connection with the highway becoming, or ceasing to be, a GLA road, by order make schemes containing provision for or in connection with the transfer from the former highway authority to the new highway authority of rights and liabilities under contracts of employment.

• (3) The rights and liabilities which may be transferred by such a scheme include rights and liabilities which would not otherwise be capable of being transferred or assigned.

• (4) Subsections (5) to (7) below apply where any rights or liabilities under a contract of employment are transferred by virtue of this Act.

• (5) Anything done by or in relation to the former highway authority in respect of the employee before the day on which the transfer of the rights and liabilities takes effect shall be treated on and after that day as done by or in relation to the new highway authority.

• (6) For the purposes of Part XI of the Employment Rights Act 1996 (redundancy payments etc) the employee shall not be regarded as having been dismissed by virtue of the transfer.

• (7) For the purposes of that Act, the employee’s period of employment with the former highway authority shall count as a period of employment with the new highway authority, and the change of employment shall not break the continuity of the period of employment.

• (8) An order under this section shall be of no effect unless—

• (a) it is made with the consent of the relevant highway authority; or

• (b) if that consent is refused, it is confirmed (with or without modification) by the Secretary of State.

• (9) For the purposes of subsection (8) above, the relevant highway authority is—

• (a) in a case where the order under section 14B above directs that a highway or proposed highway shall become a GLA road, the former highway authority; and

• (b) in a case where the order directs that a GLA road shall cease to be such a road, the new highway authority.

• (10) Section 266A(9) above also applies for the purposes of this section.

274A

A parish council or community council may contribute towards any expenses incurred or to be incurred by a highway authority in constructing, removing or maintaining—

• (a) traffic calming works, or

• (b) other works (including signs or lighting) required in connection with traffic calming works,

if, in the opinion of the council, the expenditure is or will be of benefit to their area.

Reconstruction of bridge maintainable at public expense.

281A

• (1) A land transaction to which the Minister is a party is exempt from charge for the purposes of stamp duty land tax if—

• (a) the transaction relates to a highway or proposed highway which is, or is to become, a trunk road, and

• (b) but for this section stamp duty land tax would be payable in respect of the transaction as an expense incurred by the Minister under this Act.

• (2) Relief under this section must be claimed in a land transaction return or an amendment of such a return.

• (3) In this section—

• “land transaction” has the meaning given by section 43(1) of the Finance Act 2003;

• “land transaction return” has the meaning given by section 76(1) of that Act.

284A

The persons who may exercise the functions conferred by—

• (a) section 40 of the Public Health Acts Amendment Act 1890 (cabmen’s shelters);

• (b) section 42 of that Act (statutes and monuments);

• (c) section 14 of the Public Health Act 1925 (public drinking fountains, seats, etc. ),

shall, in relation to a trunk road for which the Secretary of State is highway authority, include the Secretary of State and, in relation to a trunk road for which a strategic highways company is the highway authority, include that company.

London borough council affecting roads of another authority

301A

• (1) No London borough council shall exercise any power under this Act in a way which will affect, or be likely to affect,—

• (a) a GLA road, or

• (aa) a strategic road,

• (b) a road in another London borough other than a GLA road or strategic road ,

unless the requirements of subsections (2) and (3) below have been satisfied.

• (2) The first requirement is that the council has given notice of the proposal to exercise the power in the way in question—

• (a) to Transport for London; and

• (b) in a case where the road concerned is in another London borough, to the council for that borough.

• (3) The second requirement is that—

• (a) the proposal has been approved

• (i) in the case of a GLA road, by Transport for London;

• (ii) in the case of a strategic road, by Transport for London and, where the road concerned is in another London borough, the council for that borough;

• (iii) in the case of a road within subsection (1)(b), by the London borough council concerned; or

• (b) the period of one month beginning with the date on which Transport for London and, where applicable, the council received notice of the proposal has expired without Transport for London or the council having objected to the proposal; or

• (c) any objection made by Transport for London or the council has been withdrawn; or

• (d) where an objection has been made by Transport for London or a London borough council and not withdrawn, the Greater London Authority has given its consent to the proposal after consideration of the objection.

• (3A) References in paragraphs (b) to (d) of subsection (3) to objections are to objections made by a person who, in the circumstances, has the power to give an approval under paragraph (a) of that subsection.

• (4) Before deciding whether to give any consent for the purposes of subsection (3)(d) above, the Greater London Authority may cause a public inquiry to be held.

• (5) If Transport for London has reason to believe—

• (a) that a London borough council is proposing to exercise a power under this Act in a way which will affect, or be likely to affect,

• (i) a GLA road,

• (ii) a strategic road, or

• (iii) a road in another London borough other than a GLA road or strategic road, and

• (b) that notice of the proposal is required to be, but has not been, given in accordance with subsection (2) above,

Transport for London may give a direction to the council requiring it not to proceed with the proposal until the requirements of subsections (2) and (3) above have been satisfied.

• (6) If a London borough council exercises any power in contravention of this section, Transport for London may take such steps as it considers appropriate to reverse or modify the effect of the exercise of that power.

• (7) For the purposes of subsection (6) above, Transport for London shall have power to exercise any power of the London borough council on behalf of that council.

• (8) Any reasonable expenses incurred by Transport for London in taking any steps under subsection (6) above shall be recoverable by Transport for London from the London borough council concerned as a civil debt.

• (9) The Mayor of London may issue a direction dispensing with the requirements of subsections (2) and (3) above in such circumstances as may be specified in the direction.

• (10) A direction under subsection (9) above may, in particular, dispense with those requirements as respects—

• (a) all or any of the London borough councils;

• (b) all or any of the GLA roads; or strategic roads

• (c) all or any of the roads which are not GLA roads, strategic roads or trunk roads;

• (d) the exercise of such powers as may be specified in the direction in such manner or circumstances as may be so specified.

• (11) Any direction under subsection (9) above may be varied or revoked by a further direction under that subsection.

• (12) Any reference in this section to a GLA road includes a reference to a GLA side road, within the meaning of the Road Traffic Regulation Act 1984 (see sections 124A(9) and 142(1) of that Act).

• (13) In this section “ 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.

• (14) Subsection (13) above is without prejudice to the construction of references to GLA roads or GLA side roads.

• (15) The functions of the Greater London Authority under this section shall be functions of the Authority which are exercisable by the Mayor of London acting on behalf of the Authority.

• (16) For the purposes of this section—

• (a) the City of London shall be treated as if it were a London borough;

• (b) the Common Council shall be treated as if it were the council for a London borough; and

• (c) the Inner Temple and the Middle Temple shall be treated as forming part of the City.

• (17) In this section “ strategic road ” has the meaning given by section 60 of the Traffic Management Act 2004.

301B

• (1) The Secretary of State shall not exercise any of his functions in relation to the management of roads or traffic in a Royal Park in such a way as to affect a highway in Greater London unless he has consulted the highway authority for the highway about the exercise of those functions in that way.

• (2) A highway authority shall not exercise any of its functions in relation to a highway in Greater London in such a way as to affect a Royal Park unless it has consulted the Secretary of State about the exercise of those functions in that way.

• (3) The duty imposed by subsection (1) or (2) above shall not apply if it would not be reasonably practicable for the Secretary of State or, as the case may be, the highway authority to consult the other before exercising functions; but, in such a case, as soon as practicable after so exercising functions the Secretary of State or, as the case may be, the highway authority shall inform the other that those functions have been so exercised.

• (4) In this section “ Royal Park ” means any park to which the Parks Regulation Act 1872 applies (see sections 1 and 3 of the Parks Regulation (Amendment) Act 1926).

314A

• (1) A fixed penalty offence is any offence under Part 9 which—

• (a) is listed in the first column in Schedule 22A (and described in general terms in the second column), and

• (b) is prescribed in regulations made by the Secretary of State.

• (2) Offences listed in that Schedule which are committed by virtue of section 314 (offences committed by bodies corporate, etc.) are not fixed penalty offences.

• (3) Schedule 22B (which makes provision about fixed penalties for fixed penalty offences) has effect.

• (4) 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.

Transitional provisions, amendments and repeals.

TABLE

Provisions conferring functions exercisable in relation to trunk roads by the Ministeror a strategic highways company exclusively

Provisions conferring functions exercisable in relation to trunk roads by the Ministeror a strategic highways company as well as by other authorities

Provisions conferring functions exercisable in relation to trunk roads by the Ministeror a strategic highways company and by other authorities with the consent of the Ministeror a strategic highways company

Class I:

Class II;

Class III:

Class IV:

Class V:

Class VI:

Class VII:

Class VIII:

Class IX:

Class X:

Class XI:

2ZA

• (1) Where a public path extinguishment order, a special extinguishment order, a public path diversion order or a special diversion order is made by an authority other than the Secretary of State on an application under section 118ZA, 118C, 119ZA or 119C of this Act, that authority shall, as soon as reasonably practicable after the expiry of the time for representations, determine—

• (a) whether, in the case of an unopposed order, to confirm it under paragraph 2(1)(b) above, or

• (b) whether to submit the order to the Secretary of State.

• (2) The authority making a determination required by sub-paragraph (1) above shall, as soon as practicable after making it, give to the applicant notice in writing of their determination and the reasons for it and give a copy of the notice to such other persons as may be prescribed.

• (3) Where—

• (a) an authority other than the Secretary of State have made a public path extinguishment order, a special extinguishment order, a public path diversion order or a special diversion order on an application under section 118ZA, 118C, 119ZA or 119C of this Act, and

• (b) at the end of the period of two months beginning with the expiry of the time for representations, that authority have not determined—

• (i) whether, in the case of an unopposed order, to confirm it under paragraph 2(1)(b) above, or

• (ii) whether to submit the order to the Secretary of State,

the Secretary of State may, at the request of the person on whose application the order was made, by direction require the authority to determine that question before the end of such period as may be specified in the direction.

• (4) In this paragraph “the time for representations” means the time specified by the authority in accordance with paragraph 1(1)(c) above.

2ZB

Where, in relation to any public path extinguishment order, special extinguishment order, public path diversion order or special diversion order which was made by an authority other than the Secretary of State on an application under section 118ZA, 118C, 119ZA or 119C of this Act, no representations or objections are duly made or any representations or objections so made are withdrawn, that authority may not submit the order to the Secretary of State for confirmation with any modification of the map contained in the order.

2A

• (1) The following decisions-

• (a) a decision of the Secretary of State under paragraph 2 above as respects an order made by an authority other than the Secretary of State including any related decision under section 120(5) of this Act, and

• (b) a decision of the Secretary of State under section 121E(1)(c) of this Act, including any related decision under section 120(5) of this Act,

shall, except in the case of a rail crossing extinguishment order, the case of a rail crossing diversion order and such classes of case as may be for the time being be prescribed or as may be specified in directions given by the Secretary of State, be made by a person appointed by the Secretary of State for the purpose instead of by the Secretary of State; and a decision made by a person so appointed shall be treated as a decision of the Secretary of State.

• (2) The Secretary of State may, if he thinks fit, direct that a decision which, by virtue of sub-paragraph (1) above and apart from this sub-paragraph, falls to be made by a person appointed by the Secretary of State shall instead be made by the Secretary of State; and a direction under this sub-paragraph shall state the reasons for which it is given and shall be served on the person, if any, so appointed, the authority and any person by whom a representation or objection has been duly made and not withdrawn.

• (3) Where the Secretary of State has appointed a person to make a decision under paragraph 2 above the Secretary of State may, at any time before the making of the decision, appoint another person to make it instead of the person first appointed to make it.

• (4) Where by virtue of sub-paragraph (2) or (3) above a particular decision falls to be made by the Secretary of State or any other person instead of the person first appointed to make it, anything done by or in relation to the latter shall be treated as having been done by or in relation to the former.

• (5) Provision may be made by regulations of the Secretary of State for the giving of publicity to any directions given by the Secretary of State under this paragraph.

2B

• (1) Subject to sub-paragraph (2), subsections (2) to (5) of section 250 of the Local Government Act 1972 (giving of evidence at, and defraying of costs of, inquiries) apply to a hearing which the Secretary of State causes to be held under paragraph 2 abovein England as they apply (by virtue of section 302(1) of this Act) to a local inquiry which he causes to be held under this Act.

• (2) In its application to a hearing or local inquiry held under paragraph 2 above by a person appointed under paragraph 2A(1) above, subsection (5) of section 250 of that Act shall have effect as if the reference to the Minister causing the inquiry to be held were a reference to the person so appointed or the Secretary of State.

• (3) Section 322A of the Town and Country Planning Act 1990 (orders as to costs where no hearing or inquiry takes place) applies in relation to a hearing or inquiry under paragraph 2 abovein England as it applies in relation to a hearing or local inquiry for the purposes referred to in that section.

• (4) Section 322C of the Town and Country Planning Act 1990 (costs: Wales) applies in relation to a hearing or inquiry under sub-paragraph (2) above in Wales as it applies in relation to a hearing or inquiry mentioned in that section.

4A

As soon as may be after an order to which this Schedule applies has come into operation otherwise than—

• (a) on the date on which it was confirmed or made by the Secretary of State or confirmed as an unopposed order; or

• (b) at the expiration of a specified period beginning with that date, the authority by whom the order was made or, in the case of an order made by the Secretary of State, the Secretary of State shall give notice of its coming into operation by publication in at least one local newspaper circulating in the area in which the land to which the order relates is situated.

2A

Paragraph 2 above does not apply in relation to a street or highway in Wales.

Part III — Interpretation

11

In this Schedule “statutory undertakers” includes operators of driver information systems.

Schedule 12ZA

Interpretation

1

In this Schedule—

• “appointed person” means a person appointed under section 121(5B) of this Act;

• “appropriate Minister” has the same meaning as in section 121(5) of this Act;

• “appointment”, in the case of any appointed person, means appointment under section 121(5B) of this Act.

Appointments

2

An appointment under section 121(5B) of this Act must be in writing and—

• (a) may relate to a particular question specified in the appointment or to questions of a description so specified,

• (b) may provide for any function to which it relates to be exercisable by the appointed person either unconditionally or subject to the fulfilment of such conditions as may be specified in the appointment, and

• (c) may, by notice in writing given to the appointed person, be revoked at any time by the appropriate Minister in respect of any question which has not been determined by the appointed person before that time.

Powers of appointed person

3

Subject to the provisions of this Schedule, an appointed person shall, in relation to the determination of any question to which his appointment relates, have the same powers and duties as the appropriate Minister, other than—

• (a) any function of holding an inquiry or other hearing or of causing an inquiry or other hearing to be held; or

• (b) any function of appointing a person for the purpose—

• (i) of enabling persons to appear before and be heard by the person so appointed; or

• (ii) of referring any question or matter to that person.

Holding of inquiries and other hearings by appointed persons

4

• (1) If either of the following persons—

• (a) the statutory undertakers to which the question relates, and

• (b) in the case of an order to be made on an application under section 118ZA, 118C, 119ZA or 119C of this Act, the person who made the application,

express a wish to appear before and be heard by the appointed person, the appointed person shall give them an opportunity of appearing and being heard.

• (2) Whether or not sub-paragraph (1) above applies, the appointed person—

• (a) may hold an inquiry or other hearing in connection with the determination of the question, and

• (b) shall, if the appropriate Minister so directs, hold an inquiry in connection with that determination.

• (3) Where an appointed person holds an inquiry or other hearing by virtue of this Schedule, an assessor may be appointed by the appropriate Minister to sit with the appointed person at the inquiry or hearing and advise him on any matters arising, notwithstanding that the appointed person is to determine the question.

• (4) Subject to paragraph 7 below, the costs of an inquiry or other hearing held under this Schedule shall be defrayed by the appropriate Minister.

Revocation of appointments and making of new appointments

5

• (1) Where under paragraph 2(c) above the appointment of the appointed person is revoked in respect of any question, the appropriate Minister shall, unless he proposes to determine the question himself, appoint another person under section 121(5B) of this Act to determine the question instead.

• (2) Where such a new appointment is made, the consideration of the question, or any hearing in connection with it, shall be begun afresh.

• (3) Nothing in sub-paragraph (2) above shall require any person to be given an opportunity of making fresh representations or modifying or withdrawing any representations already made.

Certain acts and omissions of appointed person to be treated as those of appropriate Minister

6

• (1) Anything done or omitted to be done by an appointed person in, or in connection with, the exercise or purported exercise of any function to which the appointment relates shall be treated for all purposes as done or omitted to be done by the appropriate Minister.

• (2) Sub-paragraph (1) above does not apply—

• (a) for the purposes of so much of any contract made between the appropriate Minister and the appointed person as relates to the exercise of the function, or

• (b) for the purposes of any criminal proceedings brought in respect of anything done or omitted to be done as mentioned in that sub-paragraph.

Local inquiries and hearings: evidence and costs

7

Subsections (2) to (5) of section 250 of the Local Government Act 1972 (local inquiries: evidence and costs) shall apply to local inquiries or other hearings held under this Schedule by an appointed person as they apply to inquiries caused to be held under that section by a Minister, but as if—

• (a) in subsection (2) (evidence) the reference to the person appointed to hold the inquiry were a reference to the appointed person,

• (b) in subsection (4) (recovery of costs of holding inquiry) references to the Minister causing the inquiry to be held were references to the appropriate Minister, and

• (c) in subsection (5) (orders as to the costs of the parties) the reference to the Minister causing the inquiry to be held were a reference to the appointed person or the appropriate Minister.

SCHEDULE 12A

Interpretation

1

• (1) For the purposes of this Schedule the “minimum width” and “maximum width” of a highway shall be determined in accordance with sub-paragraphs (2) and (3) below.

• (2) In any case where the width of the highway is proved, that width is both the “minimum width” and the “maximum width”.

• (3) In any other case—

• (a) the “minimum width” is—

• (i) as respects a footpath which is not a field-edge path, 1 metre,

• (ii) as respects a footpath which is a field-edge path, 1.5 metres,

• (iii) as respects a bridleway which is not a field-edge path, 2 metres, or

• (iv) as respects any other highway, 3 metres; and

• (b) the “maximum width” is—

• (i) as respects a footpath, 1.8 metres,

• (ii) as respects a bridleway, 3 metres, or

• (iii) as respects any other highway, 5 metres.

Competent authorities

2

For the purposes of this Schedule each of the following shall be a competent authority in relation to a highway—

• (a) the highway authority; and

• (b) in the case of a highway maintained by a district council under section 42 or 50 of this Act, that council.

Power to carry out works

3

• (1) Where the surface of—

• (a) a footpath,

• (b) a bridleway, or

• (c) any other highway which consists of or comprises a carriageway other than a made-up carriageway,

has been so disturbed as to render it inconvenient for the exercise of the public right of way, a competent authority may make good the surface to an extent not less than the minimum width nor greater than the maximum width.

• (2) Where the surface of a footpath or bridleway was disturbed under the right conferred by section 134(1) of this Act, the power conferred by sub-paragraph (1) above shall not become exercisable until the expiration of the period which is the relevant period for the purposes of section 134 or an extension of that period granted under subsection (8) of that section.

• (3) Where the surface of a footpath , bridleway or restricted byway was disturbed under an order made by virtue of section 135 of this Act, the power conferred by sub-paragraph (1) above shall not become exercisable until the expiration of the period which is the authorisation period for the purposes of section 135.

4

• (1) Where the occupier of any land fails to carry on the duty imposed on him by section 134(3)(b) or 137A(1) of this Act in relation to a highway, a competent authority may carry out such works as may be necessary or expedient for the purpose of rectifying the default.

• (2) Sub-paragraph (1) above does not authorise the carrying out of works to an extent greater than the maximum width of the highway.

• (3) Where the surface of a footpath or bridleway was disturbed under the right conferred by section 134(1) of this Act, the power conferred by sub-paragraph (1) above shall not become exercisable until the expiration of the period which is the relevant period for the purposes of section 134, or an extension of that period granted under subsection (8) of that section.

5

If the applicant fails to comply with a condition imposed under section 135(3)(b) or (4)(a) or (b) of this Act, a competent authority may carry out such works as may be necessary or expedient for the purpose of rectifying the default.

6

Paragraphs 7 to 9 below have effect in relation to the carrying out by a competent authority of work under paragraphs 3 to 5 above in relation to a highway which passes over any land (“the relevant land”).

Entry on land

7

Subject to paragraph 8 below, any person duly authorised in writing by the authority may enter on the relevant land, or any other land the authority reasonably believe to be in the same occupation, for any purpose connected with the carrying out of the work; and may take with him on to the land such vehicles, machinery and other equipment as may be requisite.

8

• (1) Except in the case of entry, solely for the purpose of obtaining information, on land other than a building or structure, before entering on any land the authority shall give the occupier not less than twenty-four hours’ notice of their intention to do so; and the notice shall—

• (a) identify the highway to which it relates; and

• (b) specify the work to be carried out and the equipment to be used for that purpose; and

• (c) identify the line or lines of passage over the land in question, if any, that may need to be used for access to the site of the work; and

• (d) state the date and time when the power to enter on the land becomes exercisable.

• (2) Without prejudice to section 322 (service of notices etc.) of this Act, if after reasonable enquiry the authority are satisfied that it is not practicable to ascertain the name and address of the occupier, a notice under this paragraph may be given by addressing it to him as ’’The Occupier’’ of the land (describing it) and affixing copies of the notice to some conspicuous object—

• (a) at each end of so much of the highway as is referred to in the notice; and

• (b) at such other points in the vicinity of that highway as the authority may consider suitable; and

• (c) if appropriate, at a point adjacent to a highway comprising a made-up carriageway from which access is required for equipment.

• (3) A notice shall not be given under this paragraph before the power referred to in paragraph 3, 4 or 5 above has become exercisable.

Financial

9

• (1) Subject to sub-paragraph (2) below, a competent authority may recover the amount of any expenses reasonably incurred by the authority in, or in connection with, the carrying out of the work—

• (a) in a case falling within paragraph 3(1) above, from the occupier of the relevant land or the person who disturbed the surface of the highway; and

• (b) in any other case, from the occupier of the relevant land.

• (2) A person—

• (a) is not liable under paragraph (a) of sub-paragraph (1) above if he shows that he had any lawful authority or excuse for disturbing the surface of the highway; and

• (b) is not liable under that paragraph as an occupier of land if he shows that the surface of the highway was not disturbed by him or with his consent.

Particulars to be Stated in Specifications, Notices, Etc., Under the Private Street Works Code

Table of limits

Further provision with respect to the limits under Part I

SCHEDULE 22A

SCHEDULE 22B

Power to give fixed penalty notices

1

• (1) An authorised officer of a highway authority may, if he has reason to believe that a person is committing or has committed a fixed penalty offence, give him a fixed penalty notice in relation to that offence.

• (2) In this Schedule “fixed penalty notice” means a notice offering a person the opportunity of discharging any liability to conviction for a fixed penalty offence by payment of a penalty.

Power to give fixed penalty notices

2

A fixed penalty notice for an offence may not be given after such time relating to the offence as the Secretary of State may by regulations prescribe.

Contents of fixed penalty notice

3

• (1) A fixed penalty notice must identify the offence to which it relates and give reasonable particulars of the circumstances alleged to constitute that offence.

• (2) A fixed penalty notice must also state—

• (a) the amount of the penalty and the period within which it may be paid;

• (b) the discounted amount and the period within which it may be paid;

• (c) the person to whom and the address at which payment may be made;

• (d) the method or methods by which payment may be made;

• (e) the person to whom and the address at which any representations relating to the notice may be addressed;

• (f) the consequences of not making any payment within the period for payment.

• (3) The person specified under sub-paragraph (2)(c) must be the highway authority or a person acting on their behalf.

The amount of the penalty and the period for payment

4

• (1) The penalty for a fixed penalty offence is (subject to paragraph 5) such amount, not exceeding 30 per cent. of the maximum fine for that offence, as may be prescribed.

• (2) The period for payment of the penalty is the period of 29 days beginning with the day on which the notice is given.

• (3) The highway authority may extend the period for paying the penalty in any particular case if they consider it appropriate to do so.

The discounted amount

5

• (1) A discounted amount is payable instead of the amount prescribed under paragraph 4(1) if payment is made before the end of the period of 15 days beginning with the day on which the notice is given.

• (2) The discounted amount for a fixed penalty offence is such amount, not exceeding 25 per cent. of the maximum fine for the offence, as may be prescribed.

• (3) If the last day of the period specified in sub-paragraph (1) does not fall on a working day, the period for payment of the discounted amount is extended until the end of the next working day.

• (4) In sub-paragraph (3) “working day” means a day other than a Saturday, a Sunday, Christmas Day, Good Friday or a bank holiday in the locality in which the highway in question is situated.

Effect of notice and payment of penalty

6

• (1) This paragraph applies where a person is given a fixed penalty notice in respect of a fixed penalty offence.

• (2) No proceedings for the offence may be commenced before the end of the period for payment of the penalty.

• (3) No such proceedings may be commenced or continued if payment of the penalty is made before the end of that period or is accepted by the highway authority after that time.

• (4) Payment of the discounted amount only counts for the purposes of sub-paragraph (3) if it is made before the end of the period for payment of the discounted amount.

• (5) In proceedings for the offence a certificate which—

• (a) purports to be signed by or on behalf of the person having responsibility for the financial affairs of the highway authority; and

• (b) states that payment of an amount specified in the certificate was or was not received by a date so specified,

is evidence of the facts stated.

Power to withdraw notices

7

• (1) If the highway authority consider that a fixed penalty notice which has been given ought not to have been given, they may give to the person on whom it was given a notice withdrawing the fixed penalty notice.

• (2) Where a notice under sub-paragraph (1) is given—

• (a) the authority shall repay any amount which has been paid by way of penalty in pursuance of the fixed penalty notice; and

• (b) no proceedings may be commenced or continued against that person for the offence in question.

• (3) The highway authority shall consider any representations made by or on behalf of the recipient of a fixed penalty notice and decide in all the circumstances whether to withdraw the notice.

General and supplementary

8

• (1) In this Schedule “prescribed” means prescribed in regulations made by the Secretary of State.

• (2) The Secretary of State may, with the consent of the Treasury, make regulations about—

• (a) the application by highway authorities of fixed penalties paid under this Schedule;

• (b) the keeping of accounts, and the preparation and publication of statements of account, relating to penalties paid under this Schedule.

• (3) The Secretary of State may by regulations—

• (a) prescribe circumstances in which fixed penalty notices may not be given;

• (b) modify paragraph 4(2) or 5(1) so as to substitute a different period for the period for the time being specified there;

• (c) prescribe the method or methods by which penalties may be paid.

• (4) Regulations under this Schedule may—

• (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.

General and supplementary

9

Section 323(1)(b) (reckoning of periods of 8 days or less) does not apply for the purposes of this Schedule.

Editorial notes