Legalize / United Kingdom / Public General Act

New Roads and Street Works Act 1991

Type Public General Act

Publication 1991-06-27

Last updated 2026-03-13

State In force

Department Statute Law Database

Source legislation.gov.uk

articles Not indexed

Reform history JSON API

(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;

(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 a payment within the period for payment.

(3) The person specified under sub-paragraph (2)(c) must be the street 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 36 days beginning with the day on which the notice is given.

(3) The street 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 29 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.

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 street 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 street 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 street authority consider that a fixed penalty notice which has been given ought not to have been given, they may give to the person to 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 shall be commenced or continued against that person for the offence in question.

(3) The street 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

The Secretary of State may, with the consent of the Treasury, make regulations about—

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

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

9

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;

SCHEDULE 5

Publication of proposals

1

Where the Secretary of State proposes to make an order under section 101 (effect of Part III on certain existing special enactments or instruments), or an order under section 102 (effect of Part III on other existing enactments or instruments) relating to a special enactment or instrument, he shall publish in the London Gazette, and in at least one newspaper circulating in the area in relation to which the enactment or instrument in question has effect, a notice—

(a) stating the general effect of the proposed order,

(b) specifying a place in that area where a copy of the draft order may be inspected by any person free of charge at all reasonable hours or may be purchased by any person at a reasonable charge, and

(c) stating that any person may, by notice given to the Secretary of State within three months from the date of the publication of the notice, object to the proposed order.

Notice to parties affected

2

Not later than the day on which the notice is published or, if it is published on two or more days, the day on which it is first published, the Secretary of State shall furnish each of the parties specified below by reference to the nature of the order with a copy of the draft order.

Local inquiry

3

(1) The Secretary of State shall cause a local inquiry to be held if an objection to the proposed order is received by him—

(a) from a person required to be furnished with a copy of the draft order within three months from the date of his being furnished therewith, or

(b) from any other person appearing to him to be affected within three months from the day on which the notice of the proposed order is published, or if it is published on two or more days from the later or latest of them,

and the objection is not withdrawn.

(2) In the case of an objection made otherwise than by a person required to be furnished with a copy of the draft order, the Secretary of State may dispense with such an inquiry if he is satisfied that it is unnecessary.

4

(1) The provisions of section 250(2) to (5) of the Local Government Act 1972 (which relate to the giving of evidence at, and the defraying of costs of, inquiries) apply in relation to a local inquiry held under paragraph 3.

(2) Subsection (4) of that section (which requires the costs of the department holding the inquiry to be defrayed by the parties thereto) shall not apply in so far as the Secretary of State is of the opinion, having regard to the object and result of the inquiry, that his costs should be defrayed by him.

Making of order

5

After considering any objections to the order which are not withdrawn and, where a local inquiry is held, the report of the person who held the inquiry, the Secretary of State may make the order either without modification or subject to such modifications as he thinks fit.

Special parliamentary procedure

6

If any objection is duly made by a person required to be furnished with a copy of the draft order and is not withdrawn, the order shall be subject to special parliamentary procedure.

Schedule 5A

Power to impose monetary penalties

1

(1) The Secretary of State may give a notice (a “penalty notice”) imposing a penalty on a person if satisfied on the balance of probabilities that the person—

(a) has failed to comply with a requirement imposed on the person to—

(i) pay a fee in accordance with regulations under section 106E(1), or

(ii) provide information in accordance with regulations under section 106F(1) or (2), or

(b) has, in purported compliance with a requirement imposed on the person under regulations under section 106F(1) or (2), provided information that is false or misleading in a material respect.

(2) The amount of a penalty imposed by a penalty notice must be such amount as is specified in, or determined in accordance with, regulations made by the Secretary of State.

(3) A penalty imposed by a penalty notice must be paid to the Secretary of State within such period as may be specified in the notice.

(4) The Secretary of State may not give more than one penalty notice to a person in respect of the same failure or conduct.

(5) Regulations under this paragraph are subject to the affirmative procedure.

Warning notices

2

(1) Where the Secretary of State proposes to give a penalty notice to a person the Secretary of State must give the person a notice (a “warning notice”) notifying the person of the Secretary of State’s proposal.

(2) A warning notice must—

(a) state the name and address of the person to whom the Secretary of State proposes to give a penalty notice;

(b) give reasons why the Secretary of State proposes to give the person a penalty notice;

(d) specify the date before which the person may make written representations to the Secretary of State.

(3) The date specified under sub-paragraph (2)(d) must be a date falling at least 28 days after the day on which the warning notice is given.

Penalty notices

3

(1) Within the period of six months beginning with the day on which a warning notice is given to a person the Secretary of State must give to the person—

(a) a notice stating that the Secretary of State has decided not to give a penalty notice to the person, or

(b) a penalty notice.

(2) But the Secretary of State may not give a penalty notice to a person before the date specified in the warning notice in accordance with paragraph 2(2)(d).

(3) A penalty notice given to a person must—

(a) state the name and address of the person;

(b) give details of the warning notice given to the person;

(d) give reasons for the Secretary of State’s decision to impose a penalty on the person;

(e) state the amount of the penalty;

(f) give details of how the penalty may be paid;

(g) specify the date before which the penalty must be paid;

(h) give details about the person’s rights of appeal;

(i) give details about the consequences of non-payment.

(4) The date specified under sub-paragraph (3)(g) must be a date falling at least 28 days after the day on which the penalty notice is given.

(5) The Secretary of State may cancel a penalty notice by giving a notice to that effect to the person to whom the penalty notice is given.

(6) If a penalty notice is cancelled, the Secretary of State—

(a) may not give a further penalty notice in relation to the failure or conduct to which the notice relates, and

(b) must repay any amount that has been paid in accordance with the notice.

Enforcement

4

If a person does not pay the whole or any part of a penalty which the person is liable to pay under this Schedule the penalty or part of the penalty is recoverable—

(a) if the county court so orders, as if it were payable under an order of that court;

(b) if the High Court so orders, as if it were payable under an order of that court.

Appeals

5

(1) A person who is given a penalty notice may appeal to the First-tier Tribunal (“the Tribunal”) against the decision to give the notice or any requirement of it.

(2) An appeal may be on the ground that the decision or requirement—

(a) is based on an error of fact,

(b) is wrong in law, or

(3) But an appeal against the amount of a penalty may not be made on the ground mentioned in sub-paragraph (2)(c).

(4) An appeal under this paragraph must be made before the end of the period of 28 days beginning with the day on which the penalty notice is given.

(5) On an appeal the Tribunal may—

(a) confirm or quash the decision to give the penalty notice, or

(b) confirm or vary any requirement of it.

(6) In determining an appeal the Tribunal may—

(a) review any determination of fact on which the decision or requirement appealed against is based, and

(b) take into account evidence which was not available to the Secretary of State when giving the notice.

(7) Where an appeal in respect of a penalty notice is made under this paragraph the notice is of no effect until the appeal is determined or withdrawn.

(8) Where an appeal is or may be made to the Upper Tribunal in relation to a decision of the Tribunal under this paragraph, the Upper Tribunal may suspend the notice to which the appeal relates until the appeal is determined or withdrawn.

(9) If the Tribunal confirms or varies a decision or requirement appealed against under this paragraph, the person to whom the penalty notice is given must comply with the notice or the notice as varied (as the case may be)—

(a) within such period as may be specified by the Tribunal, or

(b) if the Tribunal does not specify a period, within such period as may be specified by the Secretary of State and notified to the person.

SCHEDULE 6

Introductory

1

In this Schedule a “road with special engineering difficulties” means a road for the time being designated under section 122 as having special engineering difficulties.

Requirement of plan and section

2

(1) In a road with special engineering difficulties road works (other than emergency works) involving—

(a) breaking up or opening the road, or any sewer, drain or tunnel under it, or

(b) tunnelling or boring under the road,

shall not be executed until a plan and section of the works have been settled by agreement between the undertaker and each of the relevant authorities or in the prescribed manner.

(2) For that purpose an undertaker proposing to execute any such works shall submit a plan and section of them to each relevant authority.

3

Emergency works may be executed without a plan and section being so submitted or settled, but as soon as is reasonably practicable after the execution of the works the undertaker shall furnish a plan and section of the works to each relevant authority.

4

(1) In the case of a road which is not a public road and which the road managers have no liability to the public to maintain or repair, the undertaker may give the road managers a notice stating—

(a) the general effect of the works proposed or, as the case may be, of the emergency works executed, and

(b) that it is a notice given for the purposes of this paragraph.

(2) Where such a notice is given paragraphs 2 and 3 do not apply if the road managers do not, within 10 working days from the date on which the notice was given to them, give notice to the undertaker requiring the submission or furnishing of a plan and section to them.

5

(1) A relevant authority to whom a plan and section of works are required to be submitted or furnished may accept as, or in lieu of, a plan and section any description of the works, whether in diagram form or not, which appears to them to be sufficient.

(2) References in this Schedule to a plan and section include any such description so submitted or furnished to the form of which the relevant authority have not objected within the time allowed under paragraph 7(2) below.

6

If an undertaker—

(a) executes any works in contravention of paragraph 2, or

(b) fails to furnish a plan and section in accordance with paragraph 3,

he commits an offence and is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

Procedure on submission of plan and section

7

(1) A relevant authority to whom there is submitted a plan and section of road works proposed to be executed in a road with special engineering difficulties shall give notice to the undertaker—

(a) approving the plan and section without modification, or

(b) objecting to them in form as being on too small a scale or giving insufficient particulars, or

(d) disapproving them.

(2) The notice shall be given without avoidable delay, and at the latest before the end of the period of—

(a) 7 working days in the case of a plan and section of works relating only to—

(i) a service pipe or service line, or

(ii) overhead electric lines or electronic communications apparatus, and

(b) one month in any other case;

and as between the undertaker and a relevant authority who do not duly give notice before the end of that period, the plan and section as submitted shall be deemed to have been settled by agreement.

(3) The reference in sub-paragraph (2)(a)(i) to a service pipe or service line is to—

(a) a pipe or line through or by means of which a supply of gas, electricity or water is afforded or intended to be afforded to premises—

(i) directly from premises from which the supply originates, or

(ii) from a main, that is, a pipe or line for affording a general supply;

(b) a pipe through or by means of which sewerage services are afforded, or intended to be afforded, which is not a public sewer; or

(c) underground electronic communications apparatus for the purpose of providing a service by means of an electronic communications network to or from particular premises (as opposed to apparatus for the general purposes of such a network).

But so much of any such pipe, line or apparatus as is placed, or intended to be placed, for a continuous length of 100 metres or more in a public road shall be treated as not being a service pipe or service line.

(4) In this paragraph—

“electric line” has the same meaning as in Part I of the Electricity Act 1989;

8

(1) Where a relevant authority give notice approving the plan and section subject to modifications, or disapproving the plan and section, they shall state their reasons for doing so.

(2) If a relevant authority duly give notice—

(a) objecting to the plan and section in form, or

(b) approving them subject to modifications to which the undertaker does not agree, or

then, unless the notice is withdrawn, the undertaker may refer the matter to arbitration.

(3) If the notice is withdrawn, the plan and section as submitted be deemed to have been settled by agreement between them and the undertaker.

9

Scottish Water or a bridge authority may not give notice—

(a) approving a plan and section subject to modifications, or

(b) disapproving a plan and section,

on grounds other than such as relate to the injurious effect of the proposed works on a public sewer or, as the case may be, on the structure or stability of their bridge.

Settlement of plan and section by arbitration

10

(1) The duty of the person to whom it falls, by virtue of regulations made under paragraph 2(1), to settle a dispute under that paragraph is to settle a plan and section of works of the kind proposed, as works to be executed in the road.

(2) He may require the undertaker to submit to him a plan and section in such form, require the relevant authority to submit to him such observations on a plan and section submitted to him, and require the undertaker or the relevant authority to furnish him with such information and to take such other steps, as appear to him to be requisite.

(3) He may treat compliance with any such requirement made of the undertaker as a condition of his proceeding with the settlement of a plan and section, and compliance with any such requirement made of the relevant authority as a condition of his settling a plan and section otherwise than as proposed by the undertaker.

11

(1) Where the reference relates to the placing, altering or changing the position of apparatus in a road which is carried by or goes under a bridge, then, if the arbiter is satisfied—

(a) that the execution of the works would be likely to affect injuriously the structure or stability of the bridge, and

(b) that it is not practicable to meet objection on that ground to the plan and section submitted,

he shall so declare, and shall not settle any plan and section of those works on the reference.

(2) This does not affect the right of the undertaker to submit another plan and section.

Objection to works executed without plan and section being settled

12

(1) This paragraph applies where road works have been executed in a road with special engineering difficulties without a plan and section having been settled with the road works authority or another relevant authority, whether the works were executed in contravention of paragraph 2 above or were emergency works.

(2) The authority in question may, by notice to the undertaker, object to any of the works; and after affording the undertaker an opportunity to enter into an agreement with them for meeting the objection, may refer the matter to be settled in the prescribed manner.

(3) The person to whom it falls to settle the matter may direct the alteration of the works to conform to a plan and section settled by him, or the removal of any apparatus placed in the execution of the works, and the undertaker shall comply with any such direction.

(4) In settling the terms of any such direction that person shall satisfy himself that compliance with it will not involve any undue interruption or restriction of the supply or service for the purposes of which the works were executed.

(5) If an undertaker fails to execute works in accordance with a direction under this paragraph, he commits an offence and is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

Execution of works in accordance with plan and section

13

(1) An undertaker executing road works in a road with special engineering difficulties shall, where a plan and section have been settled, execute the works in accordance with the plan and section as settled, or, if each of the relevant authorities agrees to the modification of the plan or section, in accordance with them as so modified.

(2) If an undertaker fails to comply with sub-paragraph (1) he commits an offence and is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

SCHEDULE 6A

SCHEDULE 6B

Power to give fixed penalty notices

1

(1) An authorised officer of a road works authority may, if having reason to believe that a person is committing or has committed a fixed penalty offence, give that person 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.

2

A fixed penalty notice for an offence may not be given after such time relating to the offence as may be prescribed.

Contents of fixed penalty notice

3

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

(2) A fixed penalty notice shall 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,

(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 made,

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

(3) The person specified under sub-paragraph (2)(c) must be the road works 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 36 days beginning with the day on which the notice is given.

(3) The road works 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 29 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.

Effect of notice and payment of penalty

6

(1) This paragraph applies where a person is served with 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 road works authority after that time.

(4) Payment of the discounted amount counts for the purposes of sub-paragraph (3) only 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 a person having responsibility for the financial affairs of the road works authority, and

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

is sufficient evidence of the facts stated.

Request for hearing

7

(1) A person to whom a fixed penalty notice has been given may, before the expiry of the period for payment of the penalty, give notice requesting a hearing in respect of the offence to which the fixed penalty notice relates.

(2) A notice requesting a hearing under sub-paragraph (1) shall be in writing and shall be sent by post or delivered to the person specified under paragraph 3(2)(c) in the fixed penalty notice at the address so specified.

(3) For the purposes of this paragraph and unless the contrary is proved, the sending of a notice by post is deemed to have been effected at the time at which the notice would be delivered in the ordinary course of post.

(4) Where a person has requested a hearing in accordance with this section—

(a) the road works authority shall hold the hearing,

(b) a person authorised for the purpose by the road works authority in whose area the offence was committed shall notify the procurator fiscal of the request, and

(c) the period for payment of the fixed penalty shall be calculated so that the period beginning with the giving of the notice under this paragraph and ending with the receipt by the person who gave that notice of the decision reached at the hearing is left out of account.

Power to withdraw notices

8

(1) If the road works authority consider (whether after holding a hearing under paragraph 7 or not) that a fixed penalty notice which has been given ought not to have been given, they may give to the person to whom it was given a notice withdrawing the fixed penalty notice.

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

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

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

(3) The road works 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.

Effect of prosecution on notice

9

Where proceedings for an offence in respect of which a fixed penalty notice has been given are commenced, the notice is to be treated as withdrawn.

Recovery of unpaid fixed penalties

10

Subject to paragraphs 8 and 9, where a fixed penalty remains unpaid after the expiry of the period for payment of the penalty it shall be enforceable in like manner as an extract registered decree arbitral bearing a warrant for execution issued by the sheriff for any sheriffdom.

Judicial determination of enforcement of fixed penalty

11

(1) A person against whom a fixed penalty bears to be enforceable under paragraph 10 may apply to the sheriff by summary application for a declaration that the fixed penalty is not enforceable on the ground that—

(a) the fixed penalty was paid before the expiry of the period for paying, or

(b) the person has made a request for a hearing in accordance with paragraph 7 and no hearing has been held within a reasonable time after the request.

(2) On an application under sub-paragraph (1), the sheriff may declare—

(a) that the person has or, as the case may be, has not paid the fixed penalty within the period for payment of the penalty,

(b) that the person has or, as the case may be, has not requested a hearing in accordance with paragraph 7,

(c) that, where such a request has been made, a hearing has or, as the case may be, has not been held within a reasonable time after the request, and

accordingly, that the fixed penalty is or, as the case may be, is not enforceable.

General and supplementary

12

(1) The road works authority shall, subject to sub-paragraph (2), remit the money received by them by way of fixed penalties under this Schedule to the Scottish Ministers.

(2) The Scottish Ministers may, by regulations, provide that the road works authority may retain as much of that money as is sufficient to meet such of their expenditure as is described in the regulations.

(3) The Scottish Ministers may make regulations about the keeping of accounts, and the preparation and publication of statements of account, relating to fixed penalties under this Schedule.

13

(1) Fixed penalty notices may not be given in such circumstances as may be prescribed.

(2) The method or methods by which fixed penalties may be paid may be prescribed.

(3) The Scottish Ministers may by regulations modify paragraph 4(2) or 5(1) so as to substitute a different period for the period for the time being specified there.

14

The Scottish Ministers may issue or approve for the purposes of this Schedule a code of practice giving guidance to road works authorities and their authorised officers as to the performance of their functions under this Schedule; and in performing those functions those authorities and officers shall have regard to that code of practice.

SCHEDULE 7

Publication of proposals

1

Where the Secretary of State proposes to make an order under section 160 (effect of Part IV on certain existing special enactments or instruments), or an order under section 161 (effect of Part IV on other existing enactments or instruments) relating to a special enactment or instrument, he shall publish in the Edinburgh Gazette, and in at least one newspaper circulating in the area in relation to which the enactment or instrument in question has effect, a notice—

(a) stating the general effect of the proposed order,

(b) specifying a place in that area where a copy of the draft order may be inspected by any person free of charge at all reasonable hours or may be purchased by any person at a reasonable charge, and

(c) stating that any person may, by notice given to the Secretary of State within three months from the date of the publication of the notice, object to the proposed order.

Notice to parties affected

2

Local inquiry

3

(1) The Secretary of State shall cause a local inquiry to be held if an objection to the proposed order is received by him—

(a) from a person required to be furnished with a copy of the draft order within three months from the date of his being furnished therewith, or

(b) from any other person appearing to him to be affected within three months from the day on which the notice of the proposed order is published, or if it is published on two or more days from the later or latest of them,

and the objection is not withdrawn.

(2) In the case of an objection made otherwise than by a person required to be furnished with a copy of the draft order, the Secretary of State may dispense with such an inquiry if he is satisfied that it is unnecessary.

4

(1) If the Secretary of State so directs, an inquiry under paragraph 3 shall be held by Commissioners under the Private Legislation Procedure (Scotland) Act 1936.

(2) A direction under this paragraph is deemed to have been given under section 2 of the Statutory Orders (Special Procedure) Act 1945, as read with section 10 of that Act, and the provisions of that Act with regard to the publication of notices in the Edinburgh Gazette shall, notwithstanding anything contained in that Act, not apply to any order under section 160 which is subject to special parliamentary procedure.

(3) If the Secretary of State does not give a direction under this paragraph, the provisions of section 210(2) to (8) of the Local Government (Scotland) Act 1973 (which relate to the giving of evidence at, and the defraying of costs of, inquiries) apply in relation to a local inquiry held under paragraph 3.

Making of order

5

Special parliamentary procedure

6

If any objection is duly made by a person required to be furnished with a copy of the draft order and is not withdrawn, the order shall be subject to special parliamentary procedure.

SCHEDULE 8

Part I — Amendments of the Highways Act 1980

1

In section 139 of the Highways Act 1980 (control of builders’ skips), in subsection (11) (definition of “builder’s skip” and “owner”) for “and section 140” substitute “ , section 140 and section 140A ”.

2

After section 140 of the Highways Act 1980, insert—

(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.

3

In section 144 of the Highways Act 1980 (power to erect flagpoles, &c. on highways), in subsection (6), in the definition of “statutory undertakers” for the words from “any person entitled” to “section 181 below” substitute “ any licensee under a street works licence ”.

4

In section 169 of the Highways Act 1980 (control of scaffolding on highways), in the closing words of subsection (4) (which relate to the meaning of “statutory undertakers”) for the words from “any person entitled” to “section 181 below” substitute “ any licensee under a street works licence ”.

5

In section 170 of the Highways Act 1980 (control of mixing mortar, &c. on highways), in subsection (2)(e) for the words from “a person entitled” to “section 181 below” substitute “ any licensee under a street works licence ”.

6

After section 171 of the Highways Act 1980 (control of deposit of building materials, &c.) insert—

(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.

7

In section 174 of the Highways Act 1980 (precautions to be taken by persons executing works in streets), in subsection (1) for the words from the beginning to “executing works in any street he” substitute— “ Where a person is executing works of any description in a street (other than street works within the meaning of Part III of the New Roads and Street Works Act 1991), he ”.

8

In section 179 of the Highways Act 1980 (control of construction of cellars, &c. under the street), in subsection (7) for the words from “code-regulated works” to the end substitute “ street works within the meaning of Part III of the New Roads and Street Works Act 1991 ”.

9

In section 184 of the Highways Act 1980 (vehicle crossings over footways and verges), omit—

(a) in subsection (9), the words from “In relation to works” to the end, and

(b) subsection (14);and in subsection (15) (supplementary provision as to costs recoverable by highway authority), for “the cost of any works which are required by the said Act of 1950 to be executed” substitute “ the cost of any measures needing to be taken in relation to undertaker’s apparatus, in accordance with section 84 of the New Roads and Street Works Act 1991, ”.

10

In section 285 of the Highways Act 1980 (power of Minister to execute certain road improvements), in subsection (6) (provisions for purposes of which Minister to be treated as acting as agent of local highway authority) for “the Public Utilities Street Works Act 1950” substitute “ Part III of the New Roads and Street Works Act 1991 ”.

11

In section 290 of the Highways Act 1980 (supplementary provisions as to entry for purposes of survey), for subsection (8) substitute—

(8) Where in the exercise of a power conferred by section 289 above works authorised by subsection (3) of that section are to be executed in a street— (a) section 55 of the New Roads and Street Works Act 1991 (notice of starting date of works), so far as it requires notice to be given to a person having apparatus in the street which is likely to be affected by the works, (b) section 69 of that Act (requirements to be complied with where works likely to affect another person’s apparatus in the street), and (c) section 82 of that Act (liability for damage or loss caused), have effect in relation to the works as if they were street works within the meaning of Part III of that Act.

12

In section 292 of the Highways Act 1980 (compensation for damage resulting from exercise of powers of entry, &c.), in subsection (2) (avoidance of double compensation) for “section 26 of the Public Utilities Street Works Act 1950” substitute “ section 82 of the New Roads and Street Works Act 1991 ”.

13

In section 314 of the Highways Act 1980 (offences by bodies corporate), in subsection (3) for “177 and 181” substitute “ and 177 ”.

14

In section 325 of the Highways Act 1980 (provisions as to regulations, schemes and orders), in subsection (2)(a) (regulations subject to annulment) after “section 257(4) above” insert “ or such regulations as are mentioned in subsection (2A) below ”; and after that subsection insert—

(2A) A statutory instrument containing— (a) the first regulations for the purposes of section 140A, (b) the first regulations for the purposes of section 171A as it applies in relation to erecting or retaining a relevant structure within the meaning of section 169(1) above, or (c) the first regulations for the purposes of section 171A as it applies in relation to depositing building materials, rubbish or other things, or making a temporary excavation, as mentioned in section 171(1) above,shall not be made unless a draft of them has been laid before and approved by a resolution of each House of Parliament.

15

(1) Section 329(1) of the Highways Act 1980 (interpretation) is amended as follows.

(2) For the definition of “street” substitute—

“street” has the same meaning as in Part III of the New Roads and Street Works Act 1991;

(3) At the appropriate place insert—

“street works licence” means a licence under section 50 of the New Roads and Street Works Act 1991, and “licensee” in relation to such a licence, has the meaning given by subsection (3) of that section;

16

(1) Section 334 of the Highways Act 1980 (savings for British Telecommunications) is amended as follows.

(2) In subsection (6) for “authority’s works as defined in Part II of the Public Utilities Street Works Act 1950” substitute “ major highway works, major bridge works or major transport works within the meaning of Part III of the New Roads and Street Works Act 1991 ”.

(3) In subsection (9) for the words from “the code” to “thereby affected)” substitute “ the provisions of Part III of the New Roads and Street Works Act 1991 relating to major highway works, major bridge works or major transport works ”.

Part II — Amendments of the Road Traffic Regulation Act 1984

Traffic regulation orders outside Greater London

17

(1) Section 1 of the Road Traffic Regulation Act 1984 is amended as follows.

(2) In subsection (1) for the words from the beginning to “London” substitute “ The traffic authority for a road outside Greater London may make an order under this section (referred to in this Act as a “traffic regulation order”) in respect of the road ”

(3) Omit subsection (2) (authorities having power to make orders).

(4) For subsection (3) substitute—

(3) A traffic regulation order made by a local traffic authority may, with the consent of the Secretary of State, extend to a road in relation to which he is the traffic authority if the order forms part of a scheme of general traffic control relating to roads of which at least one has a junction with the length of road in question.

(5) Omit subsections (4) and (5) (which provide that the power is not exercisable in relation to a special road).

18

(1) Section 2 of the Road Traffic Regulation Act 1984 (what a traffic regulation order may provide) is amended as follows.

(2) In subsection (1) for the words from the beginning to “of this Act)” substitute “ A traffic regulation order may make ”.

(3) In subsection (2) for the words from the beginning to “that subsection” substitute “ The provision that may be made by a traffic regulation order ”.

(4) In subsection (4) for the words from the beginning to “may include” substitute “ A local traffic authority may include ”.

19

In section 3(1) of the Road Traffic Regulation Act 1984 (restrictions on traffic regulation orders) omit the words from the beginning to “of this Act”.

20

In section 5 of the Road Traffic Regulation Act 1984 (contravention of traffic regulation order), omit subsection (2).

Orders as to traffic regulation in Greater London

21

(1) Section 6 of the Road Traffic Regulation Act 1984 (orders as to traffic regulation in Greater London) is amended as follows.

(2) In subsection (1) for the words from the beginning to “foregoing words)” substitute— “ The traffic authority for a road in Greater London may make an order under this section for controlling or regulating vehicular and other traffic (including pedestrians).Provision may, in particular, be made— ”.

(3) For subsection (2) substitute—

(2) In the case of a road for which the Secretary of State is the traffic authority, the power to make an order under this section is also exercisable, with his consent, by the local traffic authority.

(4) Omit subsection (4) (which provides that the power is not exercisable in relation to a special road).

(5) In subsection (6) omit the words from “and in subsection (4)” to the end.

22

In section 8 of the Road Traffic Regulation Act 1984 (contravention of order under s.6), omit subsection (2).

Experimental traffic schemes

23

(1) Section 9 of the Road Traffic Regulation Act 1984 (experimental traffic orders) is amended as follows.

(2) For subsection (1) substitute—

(1) The traffic authority for a road may, for the purposes of carrying out an experimental scheme of traffic control, make an order under this section (referred to in this Act as an “experimental traffic order”) making any such provision— (a) as respects a road outside Greater London, as may be made by a traffic regulation order; (b) as respects a road in Greater London, as may be made by an order under section 6, 45, 46, 49, 83(2) or 84 of this Act.

(3) For subsection (2) substitute—

(2) An experimental traffic order made by a local traffic authority outside Greater London may, with the consent of the Secretary of State, extend to a road in relation to which he is the traffic authority if the order forms part of a scheme of general traffic control relating to roads of which at least one has a junction with the length of road in question. (2A) In the case of a road in Greater London for which the Secretary of State is the traffic authority, the power to make an order under this section is also exercisable, with his consent, by the local traffic authority.

(4) After subsection (5) insert—

(5A) So much of section 4(1) or 7(1) of this Act as provides for a presumption that a traffic sign is lawfully placed shall apply for the purposes of an order under this section making any such provision as is referred to in that subsection.

24

(1) Section 10 of the Road Traffic Regulation Act 1984 (supplementary provisions as to experimental traffic orders) is amended as follows.

(2) For subsection (2) substitute—

(2) An experimental traffic order may include provision empowering a specified officer of the authority who made the order, or a person authorised by such a specified officer, to modify or suspend the operation of the order or any provision of it if it appears to him essential— (a) in the interests of the expeditious, convenient and safe movement of traffic, (b) in the interests of providing suitable and adequate on-street parking facilities, or (c) for preserving or improving the amenities of the area through which any road affected by the order runs. The power conferred by such a provision shall be exercised only after consulting the appropriate chief officer of police and giving such public notice as the Secretary of State may direct.

(3) For subsection (3) substitute—

(3) Any such power to modify an experimental traffic order as is mentioned in subsection (2) above does not extend to making additions to the order or to designating additional on-street parking places for which charges are made; but subject to that the modifications may be of any description.

25

In section 12 of the Road Traffic Regulation Act 1984 (experimental traffic schemes in Greater London), for subsection (2) substitute—

(1A) The local authority shall not give their consent to any such scheme affecting a road for which the Secretary of State is the traffic authority except with his agreement. (2) The Secretary of State may in the case of any scheme, after consultation with the local authority, direct them to consent to the scheme within a specified period or to withhold their consent.

Temporary prohibition or restriction of traffic

26

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

27

In section 16 of the Road Traffic Regulation Act 1984 (supplementary provisions as to orders and notices under s.14), omit subsections (3) and (4).

Traffic regulation on special roads

28

(1) Section 17 of the Road Traffic Regulation Act 1984 (traffic regulation on special roads) is amended as follows.

(2) For subsection (1) (traffic authorised to use special road) substitute—

(1) A special road shall not be used except by traffic of a class authorised to do so— (a) in England and Wales, by a scheme made, or having effect as if made, under section 16 of the Highways Act 1980 or by virtue of paragraph 3 of Schedule 23 to that Act, or (b) in Scotland, by a scheme made, or having effect as if made, under section 7 of the Roads (Scotland) Act 1984.

(3) In subsection (2) (regulations as to use of special roads), for the words from “and such regulations” to the end of paragraph (a) substitute—

Such regulations may, in particular— (a) regulate the manner in which and the conditions subject to which special roads may be used by traffic authorised to do so;

(4) For subsection (5) (provisions as to date of opening of special road) substitute—

(5) The provisions of this section and of any regulations under subsection (2) above do not apply in relation to a road, or part of a road, until the date declared by the traffic authority, by notice published in the prescribed manner, to be the date on which the road or part is open for use as a special road. This does not prevent the making of regulations under subsection (2) above before that date, so as to come into force in relation to that road or part on that date.

(5) In subsection (6) omit the words from “and “the date of opening”” to the end.

29

After section 17 of the Road Traffic Regulation Act 1984 insert—

(17A) (1) On the date declared by the traffic authority, by notice published in the prescribed manner, to be the date on which a special road, or a part of a special road, is open for use as a special road, any existing order under section 1, 6, 9 or 84 of this Act relating to that road or part shall cease to have effect. (2) This is without prejudice to any power to make orders under those provisions in relation to the road or part as a special road; and any such power may be exercised before the date referred to above, so as to take effect on that date. (3) The procedure for making an order applies in such a case with such modifications as may be prescribed.

Traffic regulation in other special cases

30

In section 18 of the Road Traffic Regulation Act 1984 (one-way traffic on trunk roads), in subsection (1) for the words from “an order” to “directing” substitute “ an order under section 10 of the Highways Act 1980 or section 5 of the Roads (Scotland) Act 1984 directing ”.

31

(1) Section 19 of the Road Traffic Regulation Act 1984 (regulation of use of highways by public service vehicles) is amended as follows.

(2) In subsection (1) (making of orders by local authority), for the words from the beginning to the end of paragraph (b) substitute—

(1) A local traffic authority outside Greater London may make orders— (a) for determining the highways or, in Scotland, roads in their area which may or may not be used by public service vehicles; (b) for fixing stands for public service vehicles on such highways or roads;

(3) Omit subsection (3).

32

In section 20 of the Road Traffic Regulation Act 1984 (prohibition or restriction on use of vehicles on roads of certain classes), for subsection (3) (exclusion of provisions in relation to special roads) substitute—

(3) No order under this section shall be made or apply in relation to a special road on or after the date declared by the traffic authority, by notice published in the prescribed manner, to be the date on which the special road, or the relevant part of the special road, is open for use as a special road.

33

In section 21 of the Road Traffic Regulation Act 1984 (permit for trailer to carry excess weight), for subsection (3) (definition of “appropriate authority”) substitute—

(3) The appropriate authority for the purposes of this section is— (a) in relation to a bridge for the maintenance of which a bridge authority is responsible, or a road passing over such a bridge, the bridge authority; (b) in relation to any other road, the traffic authority and any other person responsible for the maintenance of the road.

34

(1) Section 22 of the Road Traffic Regulation Act 1984 (traffic regulation for special areas in the countryside) is amended as follows.

(2) For subsections (3) and (4) (powers of Secretary of State as to making of orders) substitute—

(3) The Countryside Commission, the Countryside Council for Wales and the Countryside Commission for Scotland may each make submissions to the Secretary of State as to the desirability of a traffic regulation order being made in relation to a road to which this section applies, whether or not it is a road for which he is the traffic authority. (4) Where such a submission is made as respects a road for which he is not the traffic authority, and the traffic authority for the road notify him that they do not intend to make an order, the Secretary of State may by order under this subsection make any such provision as he might have made by a traffic regulation order if he had been the traffic authority. This Act applies to such an order as to an order made by him in relation to a road for which he is the traffic authority.

(3) On the coming into force of Part I of the Natural Heritage (Scotland) Act 1991, for the reference in subsection (3) as amended by this paragraph to the Countryside Commission for Scotland there shall be substituted a reference to Scottish Natural Heritage.

Pedestrian crossings

35

(1) Section 23 of the Road Traffic Regulation Act 1984 is amended as follows.

(2) For subsection (1) (power to establish pedestrian crossings) substitute—

(1) A local traffic authority may establish crossings for pedestrians on roads for which they are the traffic authority, and may alter or remove any such crossings. The crossings shall be indicated in the manner prescribed by regulations under section 25 of this Act.

(3) In subsections (2) and (3) for “local authority” substitute “ local traffic authority ”.

(4) Omit subsection (5).

36

In section 24 of the Road Traffic Regulation Act 1984 (pedestrian crossings on trunk roads), for the words from the beginning to “such crossings” substitute “ The Secretary of State shall establish on roads for which he is the traffic authority such crossings ”, and for “and to execute” substitute “ and execute ”.

Street playgrounds

37

For sections 29 and 30 of the Road Traffic Regulation Act 1984 (street playgrounds) substitute—

(29) (1) For the purpose of enabling a road for which they are the traffic authority to be used as a playground for children, a local traffic authority may make an order prohibiting or restricting the use of the road by vehicles, or by vehicles of any specified class, either generally or on particular days or during particular hours. The prohibition or restriction may be subject to such exceptions and conditions as to occasional use or otherwise as may be specified in the order. (2) An order under this section shall make provision for permitting reasonable access to premises situated on or adjacent to the road. (3) A person who uses a vehicle or causes or permits a vehicle to be used, in contravention of an order in force under this section shall be guilty of an offence.

38

In section 31 of the Road Traffic Regulation Act 1984 (byelaws with respect to roads used as playgrounds), in subsection (1), for the words from “by a local authority” to “have power to” substitute “ under section 29 of this Act, the local traffic authority may ”.

Parking places

39

In section 32 of the Road Traffic Regulation Act 1984 (power of local authorities to provide parking places), in subsection (4)(a) (meaning of “local authority”) for “the local roads authority” substitute “ a regional or islands council ”.

40

In section 34 of the Road Traffic Regulation Act 1984 (provision of access to premises through off-street parking place), in subsection (1)—

(a) in the opening words omit the words “in England or Wales”, and

(b) for paragraph (a) substitute—

(a) that it would relieve or prevent congestion of traffic on a highway or, in Scotland, a road if use were made of the parking place to provide a means of access from the highway or road to premises adjoining, or abutting on, the parking place, and

41

(1) Section 37 of the Road Traffic Regulation Act 1984 (extension of powers for purposes of general scheme of traffic control) is amended as follows.

(2) For subsection (1) substitute—

(1) This section applies to an order made under both section 1 and section 32 of this Act by— (a) the council of a county or metropolitan district in England and Wales, or (b) by a regional or islands council in Scotland, where the order is, and is stated to be, made by virtue of this section and for the purposes of a general scheme of traffic control in a stated area.

(3) In subsection (3) for “a trunk road” substitute “ a road for which the Secretary of State is the traffic authority ”.

42

In section 38 of the Road Traffic Regulation Act 1984 (parking place to be used as bus or coach station), in subsection (3) for “street” substitute “ road ”.

43

In section 43 of the Road Traffic Regulation Act 1984 (control of off-street parking in Greater London) in subsection (14), in the definition of “public off-street parking place”, for “parking space for motor vehicles off the highway” substitute “ off-street parking accommodation ” and for “space” substitute “ accommodation ”.

44

(1) Section 45 of the Road Traffic Regulation Act 1984 (designation of paying parking places on highways) is amended as follows.

(2) For subsection (1) (power to make orders) substitute—

(1) A local authority may by order designate parking places on highways or, in Scotland, roads in their area for vehicles or vehicles of any class specified in the order; and the authority may make charges (of such amount as may be prescribed under section 46 below) for vehicles left in a parking place so designated. The exercise of this power by a local authority outside Greater London in relation to a highway or road for which they are not the traffic authority is subject to obtaining the consent of the traffic authority.

(3) In subsection (3)(c) (matters to be taken into account in making orders), for the words from “parking accommodation” to “highways” or, in Scotland, “roads” substitute “ off-street parking accommodation, whether in the open or under cover, ”.

(4) In subsection (7) (meaning of “local authority”), in paragraph (c) for “local roads authority” substitute “ regional or islands council ”.

45

In section 53(1) of the Road Traffic Regulation Act 1984, for “highways” or, in Scotland, “roads” substitute “ highways or, in Scotland, roads ”.

46

(1) Section 55 of the Road Traffic Regulation Act 1984 (financial provisions relating to designation orders) is amended as follows.

(2) In subsection (4)(b) and (c) for the words from “parking accommodation” to the end substitute “ off-street parking accommodation, whether in the open or under cover; ”.

(3) For subsection (4)(d) substitute—

(d) if it appears to the local authority that the provision in their area of further off-street parking accommodation is unnecessary or undesirable, the following purposes— (i) meeting costs incurred, whether by the local authority or by some other person, in the provision or operation of, or of facilities for, public passenger transport services, and (ii) the purposes of a highway or road improvement project in the local authority’s area.

(4) After subsection (4) insert—

(4A) For the purposes of subsection (4)(d)(ii)— (a) a highway improvement project means a project connected with the carrying out by the appropriate highway authority (whether the local authority or not) of any operation which constitutes the improvement (within the meaning of the Highways Act 1980) of a highway in the area of a local authority in England or Wales; and (b) a road improvement project means a project connected with the carrying out by the appropriate roads authority (whether the local authority or not) of any operation which constitutes the improvement (within the meaning of the Roads (Scotland) Act 1984) of a road in the area of a local authority in Scotland.

(5) Omit subsection (5).

Traffic signs

47

In section 64 of the Road Traffic Regulation Act 1984 (general provisions as to traffic signs), in subsection (4)(c)(i) and (ii) for “highway” substitute “ road ”.

48

(1) Section 65 of the Road Traffic Regulation Act 1984 (powers and duties of highway authorities as to placing of traffic signs) is amended as follows.

(2) For subsection (1) (power to cause or permit placing of traffic signs) substitute—

(1) The traffic authority may cause or permit traffic signs to be placed on or near a road, subject to and in conformity with such general directions as may be given by the Ministers acting jointly or such other directions as may be given by the Secretary of State.

(2) In subsection (2) (direction by Secretary of State), for the opening words substitute—

(2) The Secretary of State may give directions to a local traffic authority—

49

In section 66(1) of the Road Traffic Regulation Act 1984 (traffic signs for giving effect to local traffic regulations), for “highway” (twice) substitute “ road ”.

50

In section 67 of the Road Traffic Regulation Act 1984 (emergencies and temporary obstructions), in subsection (1) for “highway” (twice) substitute “ road ”.

51

(1) Section 68 of the Road Traffic Regulation Act 1984 (placing of traffic signs in connection with exercise of other powers) is amended as follows.

(2) In subsection (1)(a), omit the reference to section 30.

(3) In subsections (2) and (3), for “highway authority” or, in Scotland, “roads authority”, wherever occurring, substitute “ traffic authority ”.

52

(1) Section 69 of the Road Traffic Regulation Act 1984 (placing of traffic signs in connection with exercise of other powers) is amended as follows.

(2) In subsection (1)—

(a) for “highway authority” or, in Scotland, “roads authority” substitute “ traffic authority ”; and

(b) for “the roads” or, in Scotland, “a road” substitute “ the road ”.

(3) In subsection (2) for “highway authority” or, in Scotland, “roads authority” substitute “ traffic authority ”.

(4) In subsection (3) for “highway authority” or, in Scotland, “local roads authority” substitute “ local traffic authority ”.

53

In section 70 of the Road Traffic Regulation Act 1984 (default powers of Secretary of State), in subsection (1) for “highway authority” or, in Scotland, “local roads authority” substitute “ local traffic authority ”.

54

In section 71 of the Road Traffic Regulation Act 1984 (power to enter land in connection with traffic signs), in subsection (1) for “highway authority” or, in Scotland, “local roads authority” substitute “ local traffic authority ”.

55

In section 73 of the Road Traffic Regulation Act 1984 (powers of local traffic authorities in London), in subsection (1) for “which is not a trunk road” substitute “ for which they are the traffic authority ”.

56

In section 77 of the Road Traffic Regulation Act 1984 (modifications as respects trunk roads), for the opening words substitute “ In relation to a road for which the Secretary of State is the traffic authority ”.

57

In section 79 of the Road Traffic Regulation Act 1984 (advances by Secretary of State towards expenses of traffic signs), in subsection (5) for “highway authority” or, in Scotland, “local roads authority” substitute “ local traffic authority ”.

58

In section 80 of the Road Traffic Regulation Act 1984 (exercise of traffic sign functions by person other than traffic authority), in subsection (1), for “highway authority” or, in Scotland, “roads authority” in both places where those expressions occur substitute “ traffic authority ”.

59

(1) Section 82 of the Road Traffic Regulation Act 1984 (what roads are restricted roads) is amended as follows.

(2) In subsection (1) for the words from “if” to the end substitute—

if— (a) in England and Wales, there is provided on it a system of street lighting furnished by means of lamps placed not more than 200 yards apart; (b) in Scotland, there is provided on it a system of carriageway lighting furnished by means of lamps placed not more than 185 metres apart and the road is of a classification or type specified for the purposes of this subsection in regulations made by the Secretary of State.

(3) In subsection (2) for “A direction may be given” substitute “ The traffic authority for a road may direct ”, and in paragraphs (a) and (b) for “a specified road” substitute “ the road ”.

(4) For subsection (3) substitute—

(3) A special road is not a restricted road for the purposes of section 81 on or after the date declared by the traffic authority, by notice published in the prescribed manner, to be the date on which the special road, or the relevant part of the special road, is open for use as a special road.

60

(1) Section 83 of the Road Traffic Regulation Act 1984 (provisions as to directions under section 82) is amended as follows.

(2) In subsection (1), for the words from the beginning to “shall be given” substitute “ A direction under section 82(2) by the Secretary of State shall be given ”.

(3) For subsection (2) substitute—

(2) A direction under section 82(2) by a local traffic authority shall be given by means of an order made by the authority.

61

In section 84 of the Road Traffic Regulation Act 1984 (speed limits on roads other than restricted roads), for subsection (2) (authority having power to make order) substitute—

(2) The power to make an order under subsection (1) is exercisable by the traffic authority, who shall before exercising it in any case give public notice of their intention to do so.

62

(1) Section 85 of the Road Traffic Regulation Act 1984 (traffic signs for indicating speed restrictions) is amended as follows.

(2) In subsection (1) (duty of Secretary of State), for the words from “in the case of” to “to” substitute “ in the case of a road for which he is the traffic authority, to ”.

(3) In subsection (2) (duties of local traffic authorities), for the opening words substitute— “ In the case of any other road, it is the duty of the local traffic authority— ”.

(4) In subsection (3) for “local authority” substitute “ local traffic authority ”.

(5) In subsection (4), for the words from the beginning to “on a road” substitute “ Where no such system of street or carriageway lighting as is mentioned in section 82(1) is provided on a road, ”.

(6) In subsection (5) for the words from “such a system” to “subsection (4) above” substitute “ such a system of street or carriageway lighting ”.

63

In section 86 of the Road Traffic Regulation Act 1984 (speed limits for particular classes of vehicles), omit subsection (4) (which relates to special roads).

64

Omit section 91 (definition of “local authority” for the purposes of Part VI).

65

(1) Section 92 of the Road Traffic Regulation Act 1984 (bollards and other obstructions outside Greater London) is amended as follows.

(2) In subsection (1) for “the highway authority or, in Scotland, the local roads authority” substitute “ the traffic authority ”.

(3) For subsection (4) substitute—

(4) The bollards or other obstructions authorised by an order under subsection (1) shall be placed on the road by the traffic authority, except as mentioned in section 93 below.

66

(1) Section 93 of the Road Traffic Regulation Act 1984 (powers of Secretary of State in relation to functions under section 92) is amended as follows.

(2) For subsection (1) substitute—

(1) Where by virtue of an order under section 92(1) the Secretary of State has power to place bollards or other obstructions at a point on a road, he may authorise or require the traffic authority for any other road leading into or crossing that road at that point to place the bollards or other obstructions on that other road.

(3) In subsection (2) for “any authority” and in subsection (3) for “an authority” substitute “ a local traffic authority ”.

67

(1) Section 94 of the Road Traffic Regulation Act 1984 (bollards and other obstructions in Greater London) is amended as follows.

(2) In subsection (1) (powers of Secretary of State), for “which is not a trunk road” substitute “ for which he is not the traffic authority ”.

(3) In subsection (2) (powers of London borough council), for “which is not a trunk road and for which they are not the highway authority” substitute “ for which neither they nor the Secretary of State are the traffic authority ”.

(4) In subsection (4)—

(a) in paragraph (a) for “any trunk road” substitute “ any road for which he is the traffic authority ”; and

(b) in paragraph (b) for “which is not a trunk road and for which they are the highway authority” substitute “ for which they are the traffic authority ” and for “highway authority”, in the second place where it occurs, substitute “ traffic authority ”.

68

In section 100(5) of the Road Traffic Regulation Act 1984 (definition of “local authority” for purposes of provisions about removal of abandoned vehicles, &c.), for paragraph (c) substitute—

(c) in relation to Scotland, means a regional or islands council.

69

In section 106 of the Road Traffic Regulation Act 1984 (initial experimental period for immobilisation of vehicles)—

(a) in subsection (7) (consent required for initial order), for “the authority responsible for traffic regulation in that area” substitute “ the local traffic authority ”; and

(b) omit subsection (8).

70

In the Road Traffic Regulation Act 1984, at the beginning of Part X (general and supplementary provisions) insert—

(121A) (1) The Secretary of State is the traffic authority— (a) for every highway in England and Wales for which he is the highway authority within the meaning of the Highways Act 1980, and (b) for every road in Scotland for which he is the roads authority within the meaning of the Roads (Scotland) Act 1984. (2) In Greater London, the council of the London borough or the Common Council of the City of London are the traffic authority for all roads in the borough or, as the case may be, in the City for which the Secretary of State is not the traffic authority. (3) In England and Wales outside Greater London, the council of the county or metropolitan district are the traffic authority for all roads in the county or, as the case may be, the district for which the Secretary of State is not the traffic authority. (4) In Scotland, the regional or islands council are the traffic authority in relation to all roads within their area for which the Secretary of State is not the traffic authority. (5) In this Act “local traffic authority” means a traffic authority other than the Secretary of State.

71

In section 122 of the Road Traffic Regulation Act 1984 (exercise of functions by local authorities), in subsection (1) for “the highway” or, in Scotland, “the road” substitute “ the highway or, in Scotland, the road ”.

72

In section 124(2) of the Road Traffic Regulation Act 1984 (orders exercisable by statutory instrument), omit the reference to section 30.

73

In section 125(3) of the Road Traffic Regulation Act 1984 (exercise of powers in relation to boundary roads), omit the reference to section 30(1).

74

In section 130 of the Road Traffic Regulation Act 1984 (application of Act to Crown), in subsection (2)(a) for “76 to 91” substitute “ 76 to 90 ”.

75

(1) Section 131 of the Road Traffic Regulation Act 1984 (application of road traffic enactments to Crown roads) is amended as follows.

(2) In subsection (2)(a) (twice), and in subsection (2)(b), for “highway authority” or, in Scotland, “roads authority” substitute “ local traffic authority ”.

(3) In subsection (7)(b) for “a highway” or, in Scotland, “a public road” substitute “ a highway or, in Scotland, a public road ”.

76

(1) Section 132 of the Road Traffic Regulation Act 1984 (special provisions as to certain Crown roads) is amended as follows.

(2) In subsection (5)—

(a) for “the local authority concerned” substitute “ the traffic authority ”;

(b) for “the local authority may” substitute “ the traffic authority may ”; and

(c) for the words from “and any other power” to “as respects the Crown road” substitute “ and any other power conferred by section 65 to give directions to a local traffic authority includes power to give the like directions to them as respects the Crown road ”.

(3) Omit subsection (6) (definition of “local authority concerned”).

77

In section 134(2) of the Road Traffic Regulation Act 1984 (regulations excepted from obligation to consult), for “82(1),” substitute “ 82(1)(b), ”.

78

(1) Section 142(1) of the Road Traffic Regulation Act 1984 (general interpretation provisions) is amended as follows.

(2) Omit the definitions of “highway authority”, “local highway authority”, “local roads authority” and “roads authority”.

(3) At the appropriate place insert—

“off-street parking accommodation” means parking accommodation for motor vehicles off the highway or, in Scotland, off the road;

(4) For the definition of “road” substitute—

“road”— (a) in England and Wales, means any length of highway or of any other road to which the public has access, and includes bridges over which a road passes, and (b) in Scotland, has the same meaning as in the Roads (Scotland) Act 1984;

(5) For the definition of “special road” substitute—

“special road”, in England and Wales, has the same meaning as in the Highways Act 1980, and in Scotland has the same meaning as in the Roads (Scotland) Act 1984;

(6) At the appropriate place insert—

“traffic authority” and “local traffic authority” have the meaning given by section 121A of this Act;

79

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

80

(1) Schedule 9 to the Road Traffic Regulation Act 1984 (special provisions as to certain orders) is amended as follows.

(2) In paragraph 13(1) (orders requiring consent of Secretary of State), in paragraph (b) for “a trunk road”substitute “ a road for which the Secretary of State is the traffic authority ”.

(3) In paragraph 20(1) (consultation before orders are made), omit the reference to section 30.

(4) In paragraphs 21 and 23(1)(a) (procedure regulations), omit the words “other than section 30 of this Act”.

(5) In paragraph 24(b) (procedure regulations for certain orders) for “trunk roads” substitute “ roads for which he is the traffic authority ”.

(6) In paragraph 25 (power to make different provision in each case and as to posting notices)—

(a) for the word “highway authority”or, in Scotland, “roads authority”substitute “ traffic authority ”, and

(b) for the word “highway”n the two other places where it appears substitute the word “ road ”

(7) In paragraph 27(1) (variation or revocation of orders), omit the reference to section 30.

Part III — Amendments of the Roads (Scotland) Act 1984

81

In section 35(2)(a) of the Roads (Scotland) Act 1984 (provision of lighting by roads authorities) for the words “Public Utilities Street Works Act 1950” substitute “ Part IV of the New Roads and Street Works Act 1991 ”.

82

In section 39(4) of the Roads (Scotland) Act 1984 (status of road humps)—

(a) for the words from “Part II” to “those roads)” substitute “ section 117 of the New Roads and Street Works Act 1991 (restricting road works following substantial works for roads purposes) ”,

(b) for the words “section 21(1)(a) of that Act” substitute “ subsection (3) of that section ”, and

83

In section 56(3) of the Roads (Scotland) Act 1984 (control of works and excavations) for the words from “street works code” to “applies” substitute “ provisions of Part IV of the New Roads and Street Works Act 1991 apply ”.

84

In section 57(5) of the Roads (Scotland) Act 1984 (dangerous works) for the words from “street works code” to “applies” substitute “ provisions of Part IV of the New Roads and Street Works Act 1991 apply ”.

85

In section 59(6) of the Roads (Scotland) Act 1984 (control of obstructions in roads) for the words from “street works code” to “applies” substitute “ provisions of Part IV of the New Roads and Street Works Act 1991 apply ”.

86

In section 60 of the Roads (Scotland) Act 1984 (fencing and lighting of obstructions and excavations)—

(a) in subsection (1), omit the words from “section 8” to “or to”;

(b) after subsection (5) insert the following subsection—

(6) This section shall not apply to an undertaker executing road works, within the meaning of Part IV of the New Roads and Street Works Act 1991.

87

In section 61 of the Roads (Scotland) Act 1984 (granting of permission to place and maintain etc. apparatus under a road)—

(a) at the end of subsection (1) insert “ ; and such permission shall be in writing ”,

(b) in subsection (4) for the words from “undertakers” to the end substitute “ road works within the meaning of section 107 of the New Roads and Street Works Act 1991 ”, and

(c) at the end of subsection (5) insert “ nor does it apply to apparatus in respect of which permission has been granted under section 109 of the New Roads and Street Works Act 1991 to execute road works ”.

88

After section 61 of the Roads (Scotland) Act 1984 there shall be inserted the following section—

(61A) (1) The Secretary of State may make provision by regulations requiring a person who occupies a public road by doing anything to which this section applies to pay a charge to the roads authority if the duration of the occupation exceeds the longer of the following periods— (a) such period as may be prescribed; or (b) such period as is agreed by the authority and the person to be reasonable or, in default of such agreement, is determined by arbitration to be reasonable in the circumstances. (2) This section applies to the occupation of a public road by doing anything which would require the consent or permission of a roads authority under any of the following provisions of this Act— - section 56 (works executed in or excavations under a public road); - section 58 (occupation of road for deposit of building materials and erection of scaffolding); - section 59 (placing or depositing anything in a road); - section 61 (placing, leaving, retaining, maintaining, repairing and reinstating apparatus in or under a public road); or - section 85 (depositing a builder’s skip). (3) For the purposes of paragraph (b) of subsection (1) above, in default of agreement, the roads authority’s view as to what is a reasonable period shall be acted upon pending the decision of the arbiter. (4) The regulations may provide that if a person applying to the roads authority for consent or permission under any of the provisions of this Act specified in subsection (2) above submits together with his application an estimate of the likely duration of the occupation, 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. (5) The regulations may provide that if it appears to the person occupying the road that by reason of matters not previously foreseen or reasonably foreseeable the duration of the occupation— (a) is likely to exceed the prescribed period, (b) is likely to exceed the period stated in the 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 roads authority to be reasonable unless they give notice, in such manner and within such period as may be prescribed, objecting to the estimate. (6) The amount of the charge shall be determined in such manner as may be prescribed by reference to the duration and extent of the occupation and different rates of charge may be prescribed according to the purpose of the occupation and such other factors as appear to the Secretary of State to be relevant. (7) The regulations may make provision as to the time and manner of making payment of any charge. (8) The regulations shall provide that a roads 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. (9) In this section “prescribed” means prescribed by the Secretary of State by regulations.

89

In section 85 of the Roads (Scotland) Act 1984 (control of builders’ skips on road), in paragraph (a) of subsection (1) after the word “the” where it first occurs insert “ written ”.

90

In section 121(2) of the Roads (Scotland) Act 1984 (power to obtain road-making materials) for the words “Public Utilities Street Works Act 1950” substitute “ Part IV of the New Roads and Street Works Act 1991 ”.

91

In section 132(3) of the Roads (Scotland) Act 1984 (saving for operators of telecommunications code systems) for the words from “Part II” to the end of that subsection substitute “ Part IV of the New Roads and Street Works Act 1991 ”.

92

In section 135(1) of the Roads (Scotland) Act 1984 (restriction of power of local authority in whom a sewer is vested) for the words “Sections 133 and 134” substitute “ Section 134 ”.

93

In subsection (2) of section 143 of the Roads (Scotland) Act 1984 (provisions as to regulations and orders)—

(a) in sub-paragraph (ii) of paragraph (a) (orders subject to negative resolution) after the word “section” insert “ 8 or ”,

(b) in sub-paragraph (i) of paragraph (b) (orders subject to affirmative resolution) after the word “Act” insert “ or regulations made for the first time under section 61A of this Act ”, and

Reading this document does not replace reading the official text published on legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. We assume no responsibility for any inaccuracies arising from the conversion of the original CLML XML to this format.

This text is published under legislation.gov.uk's own terms of reuse, not a Legalize or public-domain licence. legislation.gov.uk
Open Government Licence v3.0 (attribution required)
© Crown and database right. Derived from content available under the Open Government Licence v3.0 from legislation.gov.uk.