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Traffic Management Act 2004

Type Public General Act

Publication 2004-07-22

Last updated 2026-03-11

State In force

Department Statute Law Database

Source legislation.gov.uk

articles Not indexed

Reform history JSON API

Part 1 — Traffic Officers

Traffic officers for England and for Wales

Power to charge for traffic officer services provided on request

1

(1) This Part makes provision for the designation of individuals as traffic officers by, or under an authorisation given by, the Secretary of State or the Assembly.

(2) The duties assigned to traffic officers must be connected with, or intended to facilitate or to be conducive or incidental to—

(a) the management of traffic on the relevant road network; or

(b) the performance of any other functions of the appropriate national authority or a strategic highways company (in its capacity as a traffic authority or highway authority).

(3) In subsection (2) “the relevant road network” means—

(a) the network of relevant roads in England (in the case of traffic officers designated by, or under an authorisation given by, the Secretary of State); or

(b) the network of relevant roads in Wales (in the case of traffic officers designated by, or under an authorisation given by, the Assembly).

(4) Traffic officers shall have such special powers (for use in connection with the performance of their duties) as are referred to in section 5(1).

(5) In this Part “relevant road” means a road in England for which the Secretary of State or a strategic highways company is the traffic authority or a road in Wales for which the Assembly is the traffic authority.

Designation of traffic officers

2

(1) The appropriate national authority may—

(a) designate individuals as traffic officers; and

(b) authorise another person to designate individuals as traffic officers.

(2) An authorisation under subsection (1)—

(a) must be given (and may be varied or withdrawn) in writing; and

(b) may be given subject to such limitations and conditions as the appropriate national authority thinks appropriate.

(3) The designation of an individual as a traffic officer must be made (and may be withdrawn) in writing.

(4) A designation may provide that it is to remain in force (unless it is withdrawn or otherwise ceases to have effect) for a specified period.

(5) A traffic officer designated under an authorisation must be employed by, or by a person providing services to, the authorised person.

(6) An individual designated under an authorisation shall cease to be a traffic officer if the person who appointed him either withdraws his designation or ceases to be authorised.

(7) The appropriate national authority may direct an authorised person to withdraw immediately the designation of all or any of the individuals who have been designated by that person.

Jurisdiction and powers of traffic officers

Jurisdiction of traffic officers

3

(1) A traffic officer has jurisdiction—

(a) over any relevant road in England (if he was designated by, or under an authorisation given by, the Secretary of State); or

(b) over any relevant road in Wales (if he was designated by, or under an authorisation given by, the Assembly),

unless his designation provides that this subsection does not apply to him.

(2) If subsection (1) does not apply to a traffic officer, he has jurisdiction only over such relevant roads, or relevant roads of such descriptions, as may be specified in his designation.

Powers to direct traffic officers

4

(1) A traffic officer shall, when carrying out his duties, comply with any direction of a constable.

(2) Subject to that, a traffic officer designated by an authorised person shall, when carrying out his duties, comply with any direction of the appropriate national authority.

The special powers of a traffic officer

5

(1) For the purposes of this Part the special powers of a traffic officer are the following—

(a) powers conferred by sections 6 and 7;

(b) powers conferred by orders under section 8; and

(c) powers conferred by or under any other Act which are expressed to be special powers for the purposes of this section.

(2) The exercise of those powers is subject to the following restrictions.

(3) Those powers may only be exercised for one or more of the following purposes—

(a) maintaining or improving the movement of traffic on a relevant road over which the traffic officer has jurisdiction by virtue of section 3;

(b) preventing or reducing the effect of anything causing (or which has the potential to cause) congestion or other disruption to the movement of traffic on such a road;

(d) preventing damage to, or to anything on or near, such a road;

or for a purpose incidental to any of those purposes.

(4) Subject to that, those powers may be exercised—

(a) on or in relation to any relevant road over which the traffic officer has jurisdiction to act by virtue of section 3; or

(b) if the condition specified in subsection (5) is met, on or in relation to any other road in England and Wales.

(5) The condition is that the traffic officer is acting—

(a) at the direction of the chief officer of police for the area in which the road is situated; or

(b) with the consent of the traffic authority for the road.

(6) A traffic officer may not exercise his special powers on a road unless he is in uniform.

Powers to stop or direct traffic

6

(1) This section confers the following powers on a traffic officer—

(a) a power, when the traffic officer is engaged in the regulation of traffic in a road, to direct a person driving or propelling a vehicle—

(i) to stop the vehicle, or

(ii) to make it proceed in, or keep to, a particular line of traffic;

(b) a power, for the purposes of a traffic survey of any description which is being carried out on or in the vicinity of a road, to direct a person driving or propelling a vehicle—

(i) to stop the vehicle, or

(ii) to make it proceed in, or keep to, a particular line of traffic, or

(iii) to proceed to a particular point on or near the road on which the vehicle is being driven or propelled;

(subject to the restriction in section 35(3) of the Road Traffic Act 1988 (c. 52));

(c) a power, when the traffic officer is engaged in the regulation of vehicular traffic in a road, to direct persons on foot (or such persons and other traffic) to stop;

(d) a power to direct a person driving a mechanically propelled vehicle, or riding a cycle, on a road to stop the vehicle or cycle.

(2) In section 35 of the Road Traffic Act 1988 (drivers to comply with traffic directions)—

(a) in subsection (1)—

(i) after “a constable” there is inserted “ or traffic officer ”;

(ii) after “duty” there is inserted “ or the traffic officer (as the case may be) ”;

(b) in subsection (2)(b) after “constable” there is inserted “ or traffic officer ”.

(3) In section 37 of that Act (directions to pedestrians)—

(a) after “uniform” there is inserted “ or traffic officer ”;

(b) after “duty” there is inserted “ or the traffic officer (as the case may be) ”.

(4) In section 163 of that Act (power of police to stop vehicles), in subsections (1) and (2) after “uniform” there is inserted “ or a traffic officer ”.

(5) In Part 1 of Schedule 2 to the Road Traffic Offenders Act 1988 (c. 53) (prosecution and punishment of offences under the Traffic Acts), in column 5 of the entry relating to section 35 of the Road Traffic Act 1988 after “constable” there is inserted “ , traffic officer ”.

Powers to place temporary traffic signs

7

(1) A traffic officer has the powers of a constable under section 67(1) of the Road Traffic Regulation Act 1984 (c. 27) (power in the case of emergencies and temporary obstructions etc. to place and temporarily maintain traffic signs on a road or on any structure on a road).

(2) The references insection 67(1) and (2) to powers conferred by subsection (1) of that section include a reference to the corresponding powers of a traffic officer by virtue of this section.

Power to confer further special powers on traffic officers

8

(1) The appropriate national authority may by order made by statutory instrument confer further special powers on traffic officers.

(2) The national authority may not confer a further special power on traffic officers unless it is satisfied that the power is necessary for the purpose of facilitating the performance of any duties which may be assigned to traffic officers.

(3) The order may—

(a) provide for the enforcement of any special power conferred by the order (whether by the creation of a summary offence or otherwise);

(b) make supplemental, incidental, transitional or consequential provision (including provision amending any Act or subordinate legislation).

(4) An order under this section may not be made by the Secretary of State unless a draft of the order has been laid before and approved by a resolution of each House of Parliament.

Removal of certain vehicles by traffic officers

9

(1) The power to make regulations under section 99 of the Road Traffic Regulation Act 1984 (c. 27) includes, in relation to the removal of vehicles by traffic officers, power to make consequential provision.

(2) The provision which may be made by virtue of subsection (1) includes in particular provision—

(a) amending, or

(b) applying in relation to vehicles removed by traffic officers (with or without modifications),

any provision of sections 100 to 102 of that Act (disposal of vehicles removed under section 99).

Miscellaneous and supplementary

Offences

10

(1) A person who assaults a traffic officer in the execution of his duties is guilty of an offence and liable, on summary conviction, to imprisonment for a term not exceeding 51 weeks or to a fine not exceeding level 5 on the standard scale (or both).

(2) A person who resists or wilfully obstructs a traffic officer in the execution of his duties is guilty of an offence and liable, on summary conviction, to imprisonment for a term not exceeding 51 weeks or to a fine not exceeding level 3 on the standard scale (or both).

(3) A person who, with intent to deceive—

(a) impersonates a traffic officer,

(b) makes any statement or does any act calculated falsely to suggest that he is a traffic officer, or

(c) makes any statement or does any act calculated falsely to suggest that he has powers as a traffic officer that exceed the powers he actually has,

is guilty of an offence and liable, on summary conviction, to imprisonment for a term not exceeding 51 weeks or to a fine not exceeding level 5 on the standard scale (or both).

(4) A person to whom this subsection applies who fails to give his name and address to a traffic officer in uniform on being required to do so by that officer is guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(5) Subsection (4) applies to a person whom the traffic officer reasonably believes to have been the driver of a vehicle at a time of a failure to comply with—

(a) a direction given in relation to that vehicle under a power conferred by section 6, or

(b) the indication given by a traffic sign placed under a power conferred by section 7.

(6) In the case of offences committed before the commencement of section 281(5) of the Criminal Justice Act 2003—

(a) subsections (1) and (3) apply as if for “51 weeks” there were substituted “ six months ”; and

(b) subsection (2) applies as if for “51 weeks” there were substituted “ one month ”.

Uniform

11

(1) The appropriate national authority shall determine the uniform for traffic officers designated by, or under an authorisation given by, that authority.

(2) The Secretary of State may delegate his or her function under subsection (1) to a strategic highways company.

(3) A delegation under subsection (2) may specify—

(a) the extent to which the function is delegated;

(b) any conditions to which the delegation is subject.

Power to charge for traffic officer services provided on request

12

The appropriate national authority or, as respects England, a strategic highways company may, at the request of any person, agree to arrange for the services of a traffic officer to be provided to that person subject to the payment of a charge.

Power to acquire land

13

In the Highways Act 1980 (c. 66), after section 245 (acquisition of land for buildings etc. required for discharge of functions of highway authority) there is inserted—

(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. (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.

Financial assistance to authorised persons

14

The appropriate national authority may give financial assistance to an authorised person, in such form and on such terms as it considers appropriate, in respect of the traffic officers designated by that person (including financial assistance in respect of equipment, accommodation or other facilities provided for those traffic officers).

Interpretation of Part 1

15

In this Part—

“the appropriate national authority” means—the Secretary of State, as respects England; andthe Assembly, as respects Wales;

“the Assembly” means the National Assembly for Wales;

“authorised person” means a person who is authorised under section 2;

“designation” means designation as a traffic officer under section 2;

“relevant road” has the meaning given by section 1(5);

“road” means any length of highway or of any other road to which the public has access, and includes bridges over which a road passes;

“ strategic highways company ” means a company for the time being appointed under Part 1 of the Infrastructure Act 2015;

“traffic authority” has same meaning as in the Road Traffic Regulation Act 1984 (c. 27);

“traffic officer” means an individual designated under section 2.

Part 2 — Network management by local traffic authorities and strategic highways companies

General duties relating to network management

The network management duty

16

(1) It is the duty of a local traffic authority or a strategic highways company (“the network management authority”) to manage their road network with a view to achieving, so far as may be reasonably practicable having regard to their other obligations, policies and objectives, the following objectives—

(a) securing the expeditious movement of traffic on the authority's road network; and

(b) facilitating the expeditious movement of traffic on road networks for which another authority is the traffic authority.

(2) The action which the authority may take in performing that duty includes, in particular, any action which they consider will contribute to securing—

(a) the more efficient use of their road network; or

(b) the avoidance, elimination or reduction of road congestion or other disruption to the movement of traffic on their road network or a road network for which another authority is the traffic authority;

and may involve the exercise of any power to regulate or co-ordinate the uses made of any road (or part of a road) in the road network (whether or not the power was conferred on them in their capacity as a traffic authority).

(3) In this Part “network management duty”, in relation to a network management authority, means their duty under this section.

Arrangements for network management

17

(1) A network management authority shall make such arrangements as they consider appropriate for planning and carrying out the action to be taken in performing the network management duty.

(2) The arrangements must include provision for the appointment of a person (to be known as the “traffic manager”) to perform such tasks as the authority consider will assist them to perform their network management duty.

(3) The traffic manager may (but need not) be an employee of the authority.

(4) The arrangements must include provision for establishing processes for ensuring (so far as may be reasonably practicable) that the authority—

(a) identify things (including future occurrences) which are causing, or which have the potential to cause, road congestion or other disruption to the movement of traffic on their road network; and

(b) consider any possible action that could be taken in response to (or in anticipation of) anything so identified;

but nothing in this subsection is to be taken to require the identification or consideration of anything appearing to have only an insignificant effect (or potential effect) on the movement of traffic on their road network.

(5) The arrangements must include provision for ensuring that the authority—

(a) determine specific policies or objectives in relation to different roads or classes of road in their road network;

(b) monitor the effectiveness of—

(i) the authority's organisation and decision-making processes; and

(ii) the implementation of their decisions; and

(6) The authority must keep under review the effectiveness of the arrangements they have in place under this section.

Guidance to local traffic authorities

18

(1) The appropriate national authority may publish guidance to network management authorities about the techniques of network management or any other matter relating to the performance of the duties imposed by sections 16 and 17.

(2) In performing those duties a network management authority shall have regard to any such guidance.

Power to require information relating to network management

19

(1) The appropriate national authority may direct a network management authority to provide it, within a specified period, with specified information connected with any aspect of the performance of their duties under sections 16 and 17.

(2) The information that may be specified in such a direction—

(a) must be information which the authority have in their possession or can reasonably be expected to acquire; and

(b) includes, in particular, information relating to—

(i) the management of a network management authority's road network; or

(ii) the use of their road network by different kinds of traffic or the effects of that use.

(3) A direction under this section may be given to two or more network management authorities or to network management authorities of a description specified in the direction.

(4) A direction under this section given to a London authority must be copied to the Mayor.

Enforcement of network management duties

Intervention notices

20

(1) If the appropriate national authority considers that a network management authority may be failing properly to perform any of their duties under sections 16 and 17 it may give a notice stating that it is of that opinion (an “intervention notice”) to the authority.

(2) An intervention notice must—

(a) give brief particulars of the grounds for giving the notice; and

(b) offer the network management authority the opportunity (within a specified period) to make representations or proposals about any matter raised by the notice.

(3) The notice may also require the network management authority to provide the national authority, within the period specified under subsection (2)(b), with specified information.

(4) Any information specified in the notice must be information that the national authority considers will assist it in deciding what further action (if any) to take.

(5) The Secretary of State shall consult the Mayor before giving an intervention notice to a London authority and, if such a notice is given, shall give him a copy of it.

Intervention orders

21

(1) If the appropriate national authority is satisfied that a network management authority are failing properly to perform any duty under sections 16 and 17 it may, by order made by statutory instrument (an “intervention order”), make provision for or in connection with the appointment of a traffic director.

(2) In this Part “traffic director” means a person appointed by the national authority with such objectives as the national authority considers will secure that the duty in question is properly performed.

(3) An intervention order providing for the appointment of a traffic director must (among other things)—

(a) state that the national authority is satisfied as mentioned in subsection (1);

(b) give brief particulars of the grounds for appointing a traffic director;

(d) confer such general powers on the traffic director as the national authority considers appropriate for achieving those objectives.

(4) But such an order may not be made unless—

(a) reasonable notice of the grounds for appointing a traffic director has been given to the network management authority in an intervention notice; and

(b) the period specified in the notice under section 20(2)(b) has expired;

but if that period has expired an order may be made whether or not the network management authority have complied with any requirements specified under section 20(3).

(5) The general powers which may be conferred on the traffic director are powers authorising him—

(a) to monitor any matter;

(b) to report on any matter;

(d) to carry out functions of the network management authority.

The general powers are explained further in sections 23 to 25.

(6) The order may require the traffic director to carry out functions of the network management authority.

(7) The order may—

(a) limit the scope of any general powers conferred on the traffic director or any duty imposed under subsection (6);

(b) confer ancillary powers on the traffic director;

(d) impose conditions on the exercise of any general or ancillary power;

(e) make incidental or supplementary provision;

(f) make different provision for different circumstances.

(8) For the purposes of subsection (7) “ancillary power” means a power to do anything calculated to facilitate (or to be conducive or incidental to)—

(a) the exercise by the traffic director of his general powers; or

(b) the performance of any duty imposed on him under subsection (6),

including, in particular, power to require the network management authority to provide him with information and assistance.

(9) The appropriate national authority shall consult the network management authority before making an intervention order which makes further provision in connection with the appointment of a traffic director under an earlier intervention order.

(10) The Secretary of State shall consult the Mayor before making an intervention order in relation to a London authority.

Appointment of traffic director: supplementary

22

(1) Where by virtue of an intervention order a traffic director is to be appointed in relation to a network management authority—

(a) any person (including the national authority making the order, another network management authority, a Passenger Transport Executive or any other public authority) may be appointed;

(b) the appointment may be made on such terms as that national authority may consider appropriate; and

(2) The powers conferred by subsection (1) have effect subject to the provisions of the order.

(3) Notice of any appointment of a traffic director (or the revocation of an appointment) shall be given to the network management authority and, in the case of a London authority, to the Mayor.

(4) Any such notice of an appointment must be given before the traffic director begins to carry out any of his duties.

Monitoring and reporting

23

(1) The general powers which may be conferred by an intervention order under section 21(5)(a) are powers to monitor anything connected with the performance by the network management authority of their duties under 16 and 17, including the use of their road network by different kinds of traffic or the effects of that use.

(2) The general powers which may be conferred by an intervention order under section 21(5)(b) are powers to make reports about—

(a) anything connected with the carrying out of the traffic director's objectives; or

(b) anything connected with the performance by the network management authority of their duties under sections 16 and 17, including the use of their road network by different kinds of traffic or the effects of that use.

(3) The order may provide for such reports to be made to the appropriate national authority or the network management authority (or both).

Intervention in activities of local traffic authority

24

(1) This section explains the general powers which may be conferred by an intervention order under section 21(5)(c).

(2) Such powers may authorise the traffic director to give to the network management authority directions with respect to the exercise of any specified function, including in particular directions—

(a) to exercise (or to cease or refrain from exercising) such a function;

(b) as to the way in which such a function is (or is not) to be exercised;

(3) The order may specify any function of the authority (whether or not conferred in their capacity as a traffic authority) the exercise of which appears to the appropriate national authority to be capable of contributing to, or interfering with, the achievement of the traffic director's objectives.

(4) Such powers may also authorise the traffic director, where it appears to him that the authority has failed to comply with a direction—

(a) to take any steps which still remain to be taken by the authority to comply with the direction, and

(b) recover from the authority as a civil debt the costs reasonably incurred by him in taking those steps.

(5) Anything done by the traffic director under subsection (4)(a) is to be treated as having been done by the authority.

Exercise of local traffic authority functions

25

(1) This section explains the general powers which may be conferred by an intervention order under section 21(5)(d) and the duty which may be imposed under section 21(6).

(2) The order may authorise or require the traffic director to take over from the network management authority the exercise of any specified function.

(3) The order may specify any function of the authority (whether or not conferred in their capacity as a traffic authority) the exercise of which appears to the appropriate national authority to be capable of contributing to, or interfering with, the achievement of the traffic director's objectives.

(4) The order may require the authority to take action—

(a) to co-ordinate their activities with those of the traffic director in the exercise of functions specified under subsection (2);

(b) to co-operate with the traffic director in the exercise of such functions.

(5) Anything done by the traffic director in the exercise of a specified function is to be treated as having been done by the authority.

Application of sections 20 to 25 to local traffic authorities exercising functions jointly

26

(1) The appropriate national authority may by order made by statutory instrument make provision for the application of sections 20 to 25 (with or without modifications) in cases where to any extent the performance of the duties under sections 16 and 17 is carried out jointly by two or more network management authorities.

(2) A statutory instrument containing an order under this section made by the Secretary of State is subject to annulment in pursuance of a resolution by either House of Parliament.

Criteria for making intervention orders

27

(1) The appropriate national authority shall give, in accordance with subsection (2), guidance about the criteria which it proposes to apply for the purpose of deciding whether to give an intervention notice or make an intervention order.

(2) The guidance shall be appended to an order made by the authority by statutory instrument.

(3) A statutory instrument containing an order under subsection (2) made by the Secretary of State is subject to annulment in pursuance of a resolution of either House of Parliament.

Guidance to traffic directors

28

(1) The appropriate national authority may give guidance to traffic directors in relation to the performance of their duties.

(2) Such guidance may be general or given to a particular traffic director.

(3) In carrying out his duties a traffic director shall have regard to any guidance under this section which is applicable to him.

(4) The appropriate national authority shall publish any guidance given under this section.

Traffic directors in London

29

(1) Subsections (2) to (4) apply where a traffic director is appointed in relation to a London authority.

(2) A copy of any report made by a traffic director to the authority shall be given to the Mayor.

(3) In carrying out his duties the traffic director need not comply with, or have regard to, any directions or guidance given by the Mayor under Part 4 of the Greater London Authority Act 1999 (c. 29).

(4) The duty to comply with a direction given by the traffic director prevails, to the extent of any inconsistency, over the duty to comply with, or have regard to, any direction or guidance mentioned in subsection (3).

(5) Subsections (6) to (8) apply where a traffic director is appointed in relation to Transport for London.

(6) If the traffic director—

(a) exercises the power of Transport for London under subsection (3) of section 301A of the Highways Act 1980 (c. 66) to object to a proposal and does not withdraw that objection, or

(b) directs Transport for London to exercise the power to object to a proposal and not to withdraw the objection,

that section has effect as if subsections (3)(d) and (4) were omitted.

(7) If the traffic director—

(a) exercises the power of Transport for London under subsection (3) of section 121B of the Road Traffic Regulation Act 1984 (c. 27) to object to a proposal and does not withdraw that objection, or

(b) directs Transport for London to exercise the power to object to a proposal and not to withdraw the objection,

that section has effect as if subsections (3)(d) and (4) were omitted.

(8) While the intervention order to which the appointment relates is in force the Mayor may not, without the consent of the traffic director, issue a direction under—

(a) section 301A(9) of the Highways Act 1980, or

(b) section 121B(9) of the Road Traffic Regulation Act 1984,

dispensing with any of the requirements mentioned there (whether or not by varying an existing direction).

Recovery of costs from local traffic authorities

30

(1) This section applies where a traffic director has been appointed in respect of a network management authority.

(2) The appropriate national authority may recover from the network management authority such sum or sums as it may consider appropriate.

(3) The amount recovered must not exceed the total expenditure of the national authority which is attributable to the appointment of the traffic director (including expenditure towards any costs incurred by the traffic director which are not met from any other source).

Interpretation of Part 2

31

In this Part—

“appropriate national authority” means—the Secretary of State, as respects England; andthe National Assembly for Wales, as respects Wales;

“intervention notice” means a notice under section 20;

“intervention order” means an order under section 21;

“local traffic authority” means a traffic authority other than the Secretary of State, a strategic highways company or the National Assembly for Wales;

“London authority” means Transport for London, a London borough Council or the Common Council of the City of London;

“Mayor” means the Mayor of London;

“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;

“road network”, in relation to a strategic highways company or a local traffic authority, means the network of roads for which the company or the authority is the traffic authority;

“traffic” includes pedestrians;

“traffic authority” has the same meaning as in the Road Traffic Regulation Act 1984 (c. 27);

“ network management authority ” has the meaning given in section 16(1);

“network management duty” has the meaning given in section 16(3).

Part 3 — Permit Schemes

Meaning of “permit scheme”

32

(1) Any reference in this Part to a permit scheme is a reference to a scheme which is designed to control the carrying out of specified works in specified streets in a specified area.

(2) A permit scheme may (in particular) include provision—

(a) for or in connection with requiring a permit to be obtained before specified works are carried out (including provision as to the persons who are required to obtain permits),

(b) for or in connection with the issue of permits (including provision with respect to applications for permits, provision for cases in which there is to be an entitlement to the issue of a permit and provision with respect to cases in which permits are to be deemed to be issued),

(d) for or in connection with the imposition of conditions which are to apply in relation to the carrying out of specified works (including provision for or in connection with the attachment of such conditions to permits),

(e) for or in connection with the review or variation of permits or such conditions (including provision with respect to applications for such variations).

(3) In this section “specified” means specified, or of a description specified, in a permit scheme.

Preparation of permit schemes

33

(1) A permit scheme may be prepared by—

(a) a strategic highways company,

(b) a local highway authority in England, or

(1A) A local highway authority in Wales, or two or more such authorities acting together, may prepare and submit to the Welsh Ministers a permit scheme.

(2) The Secretary of State may direct—

(a) a strategic highways company,

(b) a local highway authority in England, or

to prepare and give effect to a permit scheme which takes such form as the Secretary of State may direct.

(2A) The Welsh Ministers may direct a local highway authority in Wales, or two or more such authorities acting together, to prepare and submit to them a permit scheme which takes such form as the Welsh Ministers may direct.

(3) The appropriate national authority, in its capacity as a highway authority, may prepare a permit scheme.

(4) The Secretary of State, in his capacity as the person with responsibility for the management and control of streets in the Royal Parks, may prepare a permit scheme in respect of any such streets.

(5) Those preparing permit schemes—

(a) must comply with permit regulations, and

(b) must have regard to any guidance which may be issued by the appropriate national authority.

Implementation of local highway authority permit schemes

34

(1) This section applies where a permit scheme is preparedby a local highway authority in Wales and submitted to Welsh Ministers in accordance with section 33(1A) or (2A).

(2) The Welsh Ministers may approve the scheme with or without modifications.

(3) Where the Welsh Ministers approve the scheme with modifications, references in subsections (4) and (5) to the scheme are to be read as references to the scheme as so modified.

(4) The scheme shall not have effect unless the Welsh Ministers by order give effect to it.

(5) An order under subsection (4)—

(a) must set out the scheme and specify the date on which the scheme is to come into effect, and

(b) may (in accordance with permit regulations) include provisions which disapply or modify enactments to the extent specified in the order.

Implementation of other permit schemes

35

(1) This section applies where a permit scheme is prepared in accordance with section 33(3) or (4).

(2) The scheme shall not have effect unless the appropriate national authority by order gives effect to it.

(3) An order under subsection (2)—

(a) must set out the scheme and specify the date on which the scheme is to come into effect, and

(b) may (in accordance with permit regulations) include provisions which disapply or modify enactments to the extent specified in the order.

Variation and revocation of permit schemes

36

(1) A local highway authority in England may by order vary or revoke a permit scheme to the extent that it has effect in the area of the authority by virtue of an order made by the authority under section 33A(2).

(2) The Secretary of State may direct a local highway authority in England to vary or revoke a permit scheme by an order under subsection (1).

(3) An order made by a local highway authority under subsection (1) may vary or revoke an order made by the authority under section 33A(2), or an order previously made by the authority under subsection (1).

(4) A strategic highways company may by order vary or revoke a permit scheme to the extent that it has effect, by virtue of an order made by the company under section 33A(2), in the area in respect of which the company is appointed.

(5) The Secretary of State may direct a strategic highways company to vary or revoke a permit scheme by an order under subsection (4).

(6) An order made by a strategic highways company under subsection (4) may vary or revoke an order made by the company under section 33A(2), or an order previously made by the company under subsection (4).

(7) The Welsh Ministers may by order vary or revoke any permit scheme which for the time being has effect by virtue of an order made by them under section 34(4) or 35(2).

(8) An order under subsection (7) may vary or revoke an order made by the Welsh Ministers under section 34(4) or 35(2), or an order previously made under subsection (7).

(9) The Secretary of State may by order vary or revoke any permit scheme which for the time being has effect by virtue of an order made by the Secretary of State under section 35(2).

(10) An order under subsection (9) may vary or revoke an order made by the Secretary of State under section 35(2), or an order previously made under subsection (9).

(11) An order under subsection (7) or (9) may relate to one or more permit schemes.

(12) An order under this section may (in accordance with permit regulations) include provisions which disapply or modify enactments to the extent specified in the order.

Permit regulations

37

(1) The Secretary of State may by regulations (“permit regulations”) make provision with respect to the content, preparation, ... operation, variation or revocation of permit schemesprepared by local highway authorities in England or strategic highways companies under section 33(1) or (2) or by the Secretary of State under section 33(3) or (4).

(1A) The Welsh Ministers may by regulations (“permit regulations”) make provision with respect to the content, preparation, submission, approval, operation, variation or revocation of permit schemes prepared by local highway authorities in Wales under section 33(1A) or (2A) or by the Welsh Ministers under section 33(3).

(2) Permit regulations may—

(a) set out procedural provisions with which those preparing permit schemes must comply,

(b) set out standard provisions which may or must be included in a permit scheme,

(3) Permit regulations may make provision—

(a) with respect to any of the matters mentioned in section 32(2) (including provision as to the conditions or types of conditions which may be imposed by virtue of section 32(2)(d)),

(b) for the purpose of limiting the streets, or type of streets, which may be the subject of a permit scheme.

(3A) Permit regulations made by the Secretary of State may impose requirements for the purpose of securing that permit schemes are kept under review.

(4) Permit regulations may make provision—

(a) as to the criteria to be taken into account in the case of decisions with respect to the issue, review or variation of permits or decisions with respect to the imposition, review or variation of conditions,

(b) for or in connection with the determination, or facilitating the determination, of disputes (including provision with respect to the appointment of persons to determine, or facilitate the determination of, disputes),

(d) as to the action which may be taken if works are carried out without a permit or if any conditions are not complied with,

(e) for or in connection with the creation, in prescribed cases (including prescribed cases where works are carried out without a permit or in breach of any conditions), of a criminal offence triable summarily and punishable with a fine not exceeding level 5 on the standard scale,

(f) for or in connection with excluding or limiting the liability of prescribed undertakers in prescribed cases.

(5) Provision under subsection (4) in respect of adjudication may not be made without the consent of the Lord Chancellor.

(6) Permit regulations may make provision for or in connection with the giving of fixed penalty notices (including, in particular, provision applying Schedule 4B to the New Roads and Street Works Act 1991 (c. 22), with or without modifications) in relation to any offence created by permit regulations.

(7) Permit regulations may make provision for or in connection with the payment of a fee in respect of any one or more of the following—

(a) an application for a permit,

(b) the issue of a permit,

(d) the variation of a permit or the conditions attached to a permit.

(8) Provision made under subsection (7) may include provision as to—

(a) the amount or maximum amount of any fee,

(b) cases in which fees are not to be payable or are to be repaid,

(d) the time and manner of making payment of fees,

(e) the application of sums paid by way of fees.

(9) In making provision under subsection (7), the appropriate national authority must try to ensure, so far as is reasonably practicable, that the fees payable in connection with permit schemes do not exceed such costs in connection with permit schemes as may be prescribed.

(10) For the purposes of subsection (9), the national authority may rely on such estimates (including estimates with respect to the average costs of highway authorities or particular descriptions of highway authority) as the national authority thinks fit.

(11) Permit regulations may make provision—

(a) for or in connection with the creation and maintenance of registers of permits,

(b) with respect to access to information contained in any such registers (including provision restricting such access),

(c) with respect to the keeping of accounts, and the preparation and publication of statements of account, relating to permit schemes.

(12) Permit regulations may make provision for or in connection with permitting a highway authority, or two or more such authorities acting together, to prepare a permit scheme in respect of streets in a particular area which are maintainable highways notwithstanding that the authority, or those authorities, are not the highway authority for all or any of those streets.

(13) Permit regulations may set out provisions—

(a) which disapply or modify enactments, and

(b) which are to or may apply in the case of permit schemes.

(14) Nothing in subsections (2) to (13) is to be taken as affecting the generality of subsection (1).

Crown application

38

(1) This Part and any provisions made under it bind the Crown (but do not affect Her Majesty in her private capacity or in right of Her Duchy of Lancaster or the Duke of Cornwall).

(2) Nothing in subsection (1) is to be construed as authorising the bringing of proceedings for a criminal offence against a person acting on behalf of the Crown.

Interpretation of Part 3

39

(1) In this Part—

“the appropriate national authority” means—the Secretary of State, as respects England, andthe Welsh Ministers, as respects Wales;

“condition” is to be construed in accordance with section 32(2);

“enactment” includes an enactment comprised in subordinate legislation (within the meaning of the Interpretation Act 1978 (c. 30));

“fixed penalty notice” means a notice offering a person the opportunity of discharging any liability to conviction for an offence by payment of a penalty;

“highway authority” and “local highway authority” have the same meaning as in the Highways Act 1980 (c. 66);

“maintainable highway” has the same meaning as in Part 3 of the New Roads and Street Works Act 1991 (c. 22);

“permit” is to be construed in accordance with section 32(2);

“permit scheme” is to be construed in accordance with section 32;

“permit regulations” is to be construed in accordance with section 37;

“prescribed” means prescribed, or of a description prescribed, by regulations made by the appropriate national authority;

“Royal Park” means any park to which the Parks Regulation Act 1872 (c. 15) applies (see sections 1 and 3 of the Parks Regulation (Amendment) Act 1926 (c. 36));

“street” means a street (within the meaning of Part 3 of the New Roads and Street Works Act 1991)—which is a maintainable highway, orwhich is situated in a Royal Park;

“street works” has the meaning given by section 48(3) of the New Roads and Street Works Act 1991;

“strategic highways company” means a company for the time being appointed under Part 1 of the Infrastructure Act 2015;

“undertaker” has the same meaning as in Part 3 of that Act;

“works” means—prescribed street works, andsuch other works or activities as may be prescribed,but activities may not be prescribed under paragraph (b) unless they are, or correspond to, activities which are regulated or controlled by the Highways Act 1980.

(2) An order or regulations under this Part—

(a) may make different provision for different cases or different areas,

(b) may include incidental, supplemental, consequential or transitional provision or savings.

(3) A powerof the Secretary of State or the Welsh Ministers to make an order or regulations under this Part is exercisable by statutory instrument.

(4) The first permit regulations may not be made by the Secretary of State unless a draft of them has been laid before and approved by a resolution of each House of Parliament.

(5) Subject to that, a statutory instrument containing regulations under this Part made by the Secretary of State is subject to annulment in pursuance of a resolution of either House of Parliament.

(6) A statutory instrument containing regulations under this Part made by the Welsh Ministers is subject to annulment in pursuance of a resolution of the National Assembly for Wales.

Part 4 — Street works

Enforcement

Increase in penalties for summary offences under 1991 Act

40

(1) The maximum fine for each offence under a provision of the New Roads and Street Works Act 1991 (c. 22) (in this Part referred to as “the 1991 Act”) listed in column 1 of the table in Schedule 1 is increased from level 3 on the standard scale to the level specified for that provision in column 3 of the table.

(2) Accordingly, in each provision so listed, for “level 3” there is substituted “ level 4 ” or “level 5” (as specified in column 3 of the table).

(3) In section 70(6) of the 1991 Act, for the words from “to a” to the end there is substituted—

(a) in the case of an offence consisting of a failure to comply with subsection (3) or (4A), to a fine not exceeding level 4 on the standard scale; and (b) in any other case, to a fine not exceeding level 5 on that scale.

(4) In section 74(7B) and 74A(11) of the 1991 Act (maximum fine for offences in regulations in respect of failure to comply with notice requirement) for “level 3” there is substituted “ level 4 ”.

(5) In section 88(6) of the 1991 Act (failure to comply with duties relating to street works affecting the structure of a bridge) for the words from “to a” to the end there is substituted—

(a) in the case of an offence consisting of a failure to take all reasonably practicable steps to comply with subsection (5)(a), to a fine not exceeding level 4 on the standard scale; and (b) in any other case, to a fine not exceeding level 5 on that scale.

Fixed penalty offences

41

(1) After section 95 of the 1991 Act (offences) there is inserted—

(95A) (1) Any offence under this Part relating to any street works which is listed in the first column of Schedule 4A (and described in general terms in the second column) is a fixed penalty offence for the purposes of this Part. (2) Offences listed in that Schedule which are committed by virtue of section 166 (offences by bodies corporate and Scottish partnerships) are not fixed penalty offences. (3) The Secretary of State may by order modify that Schedule so as to provide for offences under this Part relating to any street works to become (or cease to be) fixed penalty offences. (4) Such an order may not be made unless a draft of the order has been laid before and approved by resolution of each House of Parliament. (5) Schedule 4B (which makes provision about fixed penalties for fixed penalty offences) has effect.

(2) In section 106 of that Act (index for Part 3), the following entry is inserted in the appropriate place—

fixed penalty offence	section 95A(1)

(3) After Schedule 4 to that Act there is inserted Schedules 4A and 4B as set out in Schedules 2 and 3 to this Act.

Co-ordination of works by street authority

Duty of street authority to co-ordinate works

42

(1) Section 59 of the 1991 Act (general duty of street authority to co-ordinate works) is amended as follows.

(2) In subsection (1) after “purposes)” there is inserted “ and the carrying out of relevant activities ”.

(3) In subsection (2) after “works” there is inserted “ or relevant activities ”.

(4) After subsection (6) there is inserted—

(7) In this section “relevant activities” means any activity, other than the execution of works in the street or the use of the street by traffic (including pedestrians), which— (a) involves the temporary occupation or use of space in a street; (b) is subject to regulation by the street authority by virtue of provision made by or under any Act other than this Act; and (c) is prescribed by regulations made by the Secretary of State.

Direction-making powers

Directions relating to timing of street works

43

(1) Section 56 of the 1991 Act (power to give directions as to timing of street works) is amended as follows.

(2) In subsection (1)—

(a) in paragraph (b), after “at certain times” there is inserted “ or on certain days (or at certain times on certain days) ”;

(b) after “the times” there is inserted “ or days (or both) ”.

(3) After subsection (1) there is inserted—

(1A) Where it appears to a street authority— (a) that subsisting street works are causing or are likely to cause serious disruption to traffic, and (b) that the disruption would be avoided or reduced if the works were to continue to be carried out only at certain times or on certain days (or at certain times on certain days), the authority may give the undertaker such directions as may be appropriate as to the times or days (or both) when the works may or may not continue to be carried out.

(4) After subsection (3) there is inserted—

(3A) An undertaker shall be taken not to have failed to fulfil any statutory duty to afford a supply or service if, or to the extent that, his failure is attributable to a direction under this section.

Directions as to placing of apparatus

44

In the 1991 Act, after section 56 there is inserted—

(56A) (1) Where— (a) an undertaker is proposing to execute street works consisting of the placing of apparatus in a street (“street A”), (b) placing the apparatus in street A is likely to cause disruption to traffic, and (c) it appears to the street authority that— (i) there is another street (“street B”) in which the apparatus could be placed, and (ii) the conditions in subsection (2) are satisfied, the authority may by direction require the undertaker not to place the apparatus in street A (but may not require him to place the apparatus in street B). (2) The conditions referred to in subsection (1)(c) are that— (a) disruption to traffic would be avoided or reduced if the apparatus were to be placed in street B; (b) placing the apparatus in street B would be a reasonable way of achieving the purpose for which the apparatus is to be placed; and (c) it is reasonable to require the undertaker not to place the apparatus in street A. (3) A direction under this section may be varied or revoked by a further such direction. (4) The procedure for giving a direction under this section shall be prescribed by the Secretary of State. (5) The Secretary of State may by regulations make provision for appeals against directions under this section, including provision as to the persons who may determine appeals and the procedure to be followed on an appeal. (6) An undertaker who executes works in contravention of a direction under this section commits an offence and is liable on summary conviction to a fine not exceeding level 5 on the standard scale. (7) An undertaker shall be taken not to have failed to fulfil any statutory duty to afford a supply or service if, or to the extent that, his failure is attributable to a direction under this section. (8) The Secretary of State may issue or approve for the purposes of this section a code of practice giving practical guidance as to the exercise by street authorities of the power conferred by this section; and in exercising that power a street authority shall have regard to the code of practice.

Records and information

The street works register

45

(1) Section 53 of the 1991 Act (the street works register) is amended as follows.

(2) In subsection (1)—

(a) after “respect to” (in the second place they appear) there is inserted “ (a) ”; and

(b) at the end there is added

; and (b) such descriptions of— (i) apparatus placed, or proposed to be placed, in the street, (ii) builder's skips (within the meaning of section 139 of the Highways Act 1980 (c. 66))), or of building materials, rubbish or other things deposited, or proposed to be deposited, in the street; or (iii) scaffolding or other structures which are erected, or proposed to be erected, in the street, as may be prescribed.

(3) After subsection (4) there is inserted—

(4A) In subsection (4) “central register” means a register covering the areas of two or more street authorities.

(4) After subsection (5) there is inserted—

(5A) In particular the Secretary of State may require a street authority to share information in their possession with a person appointed to keep a central register which discharges the duties of that authority under this section.

Records of location of apparatus

46

(1) Section 79 of the 1991 Act (records of location of apparatus) is amended as follows.

(2) After subsection (1) there is inserted—

(1A) An undertaker may, except in such cases as may be prescribed, include in his records under subsection (1) a record of the location of any item of apparatus belonging to him which is not required to be so included, stating the nature of the apparatus and (if known) whether it is for the time being in use.

(3) After subsection (2) there is inserted—

(2A) Regulations under subsection (2) which alter the form or manner in which the records are to be kept may apply to records made before (as well as records made after) the alterations take effect.

(4) After subsection (3) there is inserted—

(3A) In subsections (2) to (3) the references to an undertaker's records are to the records kept by him under subsection (1) (including anything included in those records by virtue of any provision of this Act or any other enactment).

Duties relating to the location of unexpected apparatus

47

(1) Section 80 of the 1991 Act (duties where person finds unidentified apparatus) is amended as follows.

(2) In subsection (1) for “made available by the undertaker” there is substituted “ kept by the undertaker under section 79(1) and made available by him ”.

(3) After subsection (1) there is inserted—

(1A) Subsection (1) has effect subject to such exceptions as may be prescribed.

(4) For subsections (2) and (3) there is substituted—

(2) Where a person executing works of any description in the street finds apparatus which does not belong to him and is unable, after taking such steps as are reasonably practicable, to ascertain to whom the apparatus belongs, he shall comply with such requirements (if any) as may be prescribed for the purpose of securing that he— (a) makes and keeps a record of the location of the apparatus and (so far as appears from external inspection) its nature and whether it is in use; and (b) informs the street authority or any other person of those matters. (2A) Regulations under subsection (2) may make provision— (a) as to the form and manner in which records are to be kept; (b) as to the form and manner in which, or the time at or by which, information is to be given; and (c) for records which are to be kept by undertakers to be included in the records kept by them under section 79(1).

(5) In subsection (4) for “(2)” there is substituted “ any requirement imposed on him by regulations under subsection (2) ”.

(6) After subsection (4) there is added—

(5) The Secretary of State may by regulations make provision for and in connection with the keeping (whether by the Secretary of State or a person with whom he has made appropriate arrangements) of a register of information recorded by undertakers in pursuance of a requirement imposed under subsection (2). (6) Regulations under subsection (5) may make provision about the inspection of the register by any person having authority to execute works of any description in the street or otherwise appearing to the person responsible for keeping the register to have a sufficient interest.

Duty to inspect records

48

After section 53 of the 1991 Act (the street works register) there is inserted—

(53A) (1) The Secretary of State may make provision by regulations requiring an undertaker proposing to execute street works of a prescribed description to inspect prescribed statutory records before commencing the street works. (2) The regulations may provide for the manner in which an inspection of any statutory records is to be carried out. (3) The regulations may prescribe evidence which may be relied on by the undertaker to demonstrate that he has carried out an inspection required by the regulations. (4) The regulations may in particular require the undertaker— (a) to be in possession of prescribed evidence before commencing the street works; and (b) to produce, in such manner as may be prescribed, prescribed evidence to the street authority either at the request of the authority or at or by such time as may be prescribed. (5) The regulations may provide for the cases or circumstances in which a requirement under subsection (1) or (4) does or does not apply. (6) The regulations may create a summary offence, punishable with a fine not exceeding level 5 on the standard scale, in respect of any contravention by an undertaker of a requirement of the regulations. (7) In this section “statutory record” means any register or other record kept in pursuance of a requirement imposed by— (a) an enactment; or (b) a licence or other instrument having effect under or by virtue of an enactment.

Miscellaneous

Notices of street works

49

(1) In section 54 of the 1991 Act (advance notice of certain works)—

(a) in subsection (3) for “contain such” there is substituted “ state the date on which it is proposed to begin the works and shall contain such other ”;

(b) after subsection (4) there is inserted—

(4A) If an undertaker who has given advance notice under this section has not, before the starting date specified in the notice, given to the street authority a notice under section 55 in respect of the works, he shall within such period as may be prescribed give to that authority a notice containing such information as may be prescribed. (4B) An advance notice under this section shall cease to have effect in relation to the proposed works (so that subsection (1) applies again in relation to the works) if those works are not substantially begun before the end of such period beginning with the starting date specified in the notice as may be prescribed, or such further period as the street authority may allow. (4C) Different periods may be prescribed under subsection (4B) for different descriptions of works.

(2) In section 55 of that Act (notice of starting date of works) after subsection (7) there is inserted—

(8) If a notice under this section ceases to have effect the undertaker shall, within such period as may be prescribed, give a notice containing such information as may be prescribed to those to whom the notice under this section was required to be given. (9) An undertaker who fails to give notice in accordance with subsection (8) commits an offence and is liable on summary conviction to a fine not exceeding level 4 on the standard scale.

(3) In section 93 of that Act (works affecting level crossings or tramways) in subsection (2) for “(7)” there is substituted “ (9) ”.

Qualifications of supervisors and operatives

50

(1) Section 67 of the 1991 Act (qualifications of supervisors and operatives) is amended as follows.

(2) After subsection (1) there is inserted—

(1A) A street authority may (unless the case is one excepted from subsection (1)) by notice require an undertaker executing street works— (a) to notify them of the name of— (i) the person who is currently the qualified supervisor required by subsection (1); and (ii) each person who has previously been the qualified supervisor so required; and (b) to provide them with such evidence of the requisite qualification of each person named as may be prescribed.

(3) After subsection (2) there is inserted—

(2A) A street authority may (unless the case is one excepted from subsection (2)) by notice require an undertaker executing street works— (a) to notify them of the name of— (i) a person whose presence on site at any time specified in the notice (being a time when the works were in progress) enabled the undertaker to comply with his duty under subsection (2); or (ii) each person whose presence on site during the progress of the works enabled the undertaker to comply with his duty in subsection (2); and (b) to provide them with such evidence of the requisite qualification of each person named as may be prescribed. (2B) A notice under subsection (1A) or (2A) may be given at any time while the works are being executed or within such period after their completion as may be prescribed. (2C) The undertaker shall comply with a notice under subsection (1A) or (2A) within such period as may be prescribed.

(4) In subsection (3) for “or (2)” there is substituted “ , (2) or (2C) ”.

(5) In subsection (4), after paragraph (b) there is inserted

and (c) the form of any document to be issued by an approved body to certify or otherwise show that a qualification has been conferred on any person.

Restriction on works following substantial road works

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(1) Section 58 of the 1991 Act (restriction on works following substantial road works) is amended as specified in subsections (2) to (8).

(2) In subsection (1), for the words “twelve months” there is substituted “ prescribed period ”.

(3) In subsection (2), after “prescribed” there is inserted “ form and ” and for “three months” there is substituted “ such period as may be prescribed ”.

(4) In subsection (3) after paragraph (e) there is inserted

and (f) any other person of a prescribed description;

(and the word “and” after paragraph (d) is omitted).

(5) In subsection (4), for paragraphs (a) and (b) there is substituted “ within such period as may be prescribed ”.

(6) In subsection (6), at the beginning of paragraph (b) there is inserted “ if he is convicted of an offence under this subsection ”.

(7) In subsection (7), for “by arbitration” there is substituted “ in the prescribed manner ”.

(8) After that subsection there is inserted—

(7A) Regulations under subsection (7) may in particular make provision for the question referred to in that subsection to be settled— (a) by arbitration; (b) by a person designated by the Secretary of State on appeal by the undertaker.

(9) In section 55 of the 1991 Act (notice of starting date of works), in subsection (2), after “works,” there is inserted “ or in cases where the undertaker has been given notice under section 58(1), ”.

Restriction on works following substantial street works

52

(1) After section 58 of the 1991 Act there is inserted—

(58A) Schedule 3A shall have effect.

(2) After Schedule 3 to that Act there is inserted Schedule 3A as set out in Schedule 4 to this Act.

(3) In section 57 of that Act (notice of emergency works)—

(a) in subsection (1) after “works)” there is inserted “ or paragraph 2(1)(d) or 3(1) of Schedule 3A (notification of proposed works or directions as to timings of works) ”;

(b) in subsection (2) after “is” there is inserted “ (or would, but for paragraph 2(6) of Schedule 3A, be) ”.

(4) In section 64 of that Act (traffic-sensitive streets) in subsection (1) after “works)” there is inserted “ or paragraph 2 of Schedule 3A ”.

(5) In section 74 of that Act (charge for occupation of highway where works unreasonably prolonged)in subsection (3)(b) after “date)” there is inserted “ or notification under paragraph 2(1)(d) of Schedule 3A (notification of proposed works) ”.

(6) In section 88 of that Act (provisions relating to bridges)in subsection (4) after “date)” there is inserted “ , or making a notification under paragraph 2(1)(d) of Schedule 3A (notification of proposed works), ”.

(7) In section 89 of that Act (provisions relating to sewers)in subsection (2) after “date)” there is inserted “ , or making a notification under paragraph 2(1)(d) of Schedule 3A (notification of proposed works), ”.

Notices requiring remedial works relating to reinstatements

53

(1) In section 72 of the 1991 Act (powers of street authority in relation to reinstatement)—

(a) in subsection (3), for “of not less than 7 working days” there is substituted “ , not being less than such period as may be prescribed, ”; and

(b) after subsection (3) there is inserted—

(3A) Different minimum periods may be prescribed under subsection (3) for different descriptions of remedial works; and cases may be prescribed in which no minimum period applies.

(2) In section 90 of the 1991 Act (powers of street authority in relation to reinstatement of sewers, etc.)—

(a) in subsection (2), for “of not less than 7 working days” there is substituted “ , not being less than such period as may be prescribed, ”; and

(b) after subsection (2) there is inserted—

(2A) Different minimum periods may be prescribed under subsection (2) for different descriptions of remedial works; and cases may be prescribed in which no minimum period applies.

Duty to notify street authority of reinstatement

54

(1) Section 70 of the 1991 Act (duty of undertaker to reinstate) is amended as follows.

(2) After subsection (1) there is inserted—

(1A) The reinstatement required by subsection (1) may be permanent or interim.

(3) For subsections (3) and (4) there is substituted—

(3) He shall within 7 working days from the date on which the reinstatement is completed give notice to the street authority of that completion— (a) stating whether the reinstatement is permanent or interim; and (b) giving such other information about the reinstatement as may be prescribed. (4) If the reinstatement is interim, he shall complete the permanent reinstatement of the street as soon as reasonably practicable, and in any event within 6 months from the date on which the interim reinstatement was completed. (4A) He shall, within 7 working days from the date on which the permanent reinstatement required by subsection (4) is completed, give notice to the street authority of that completion, giving such other information about the reinstatement as may be prescribed. (4B) The Secretary of State may by regulations modify the period specified in subsection (3), (4) or (4A).

Power of street authority to require undertaker to re-surface street

55

(1) After section 73 of the 1991 Act there is inserted—

(73A) (1) In prescribed circumstances, the street authority for a street may by notice (a “re-surfacing notice”) require an undertaker within subsection (2) to execute such re-surfacing works in the street as may be specified in the notice. (2) An undertaker is within this subsection if— (a) he has given notice under section 54 or 55 of, or made a notification under paragraph 2(1)(d) of Schedule 3A in respect of, proposed street works, (b) he is executing street works, or (c) he has, within such period ending with the giving of the notice as may be prescribed (or if no period is prescribed, at any time), executed street works, and the works will involve, involve or (as the case may be) involved the breaking up of any part of the street. (3) The works specified in the re-surfacing notice may relate to any part of the street (including any part not, and not to be, broken up by the undertaker); but regulations may restrict the extent of the works that may be so specified. (4) The re-surfacing notice relieves the undertaker to the extent (if any) specified in the notice of his duty under section 70 to reinstate the surface of the street; but regulations may restrict the circumstances in which and the extent to which undertakers may be relieved of that duty. (5) The street authority may by notice to the undertaker vary or withdraw a re-surfacing notice; but regulations may restrict the circumstances in which notices may be varied or withdrawn. (6) A street authority may give a re-surfacing notice notwithstanding that the authority (in any capacity) are under a duty to undertake any of the works specified in the notice. (7) In this Part— - “re-surfacing notice” has the meaning given by subsection (1); - “re-surfacing works” means any works relating to the replacement of the surface of any part of a street; - “surface” includes a paved surface. (8) The reference in subsection (2)(c) to the execution of street works is a reference to the execution of such works after the commencement of this section (whether or not regulations under it have been made). (73B) (1) A re-surfacing notice may require an undertaker to— (a) execute the works specified in the notice in stages so specified; (b) begin the execution of those works (or any stage of them) at or by a date and time so specified; (c) execute those works (or any stage of them) at times or on days (or at times on days) so specified; (d) complete the execution of those works (or any stage of them) by a date and time so specified. (2) The Secretary of State may by regulations make provision restricting, in some or all cases, the power to include requirements within subsection (1), including provision that— (a) requires a street authority to consult an undertaker before a prescribed description of requirement is included in a notice; (b) provides that any date specified in a notice for the beginning, execution or completion of works shall not be earlier than a prescribed period from the date on which the notice is given. (73C) (1) An undertaker who has been given a re-surfacing notice shall, when executing the works specified in the notice, comply with such requirements as may be prescribed as to the specification of materials to be used and the standards of workmanship to be observed. (2) He shall also ensure that the new surface conforms to such performance standards as may be prescribed, for the prescribed period after completion of the works.

(2) In section 106 of that Act—

(a) after the entry for relevant authority (in relation to street works) there is inserted—

re-surfacing notice	section 73A(7)
re-surfacing works	section 73A(7)

;

(b) after the entry for street works licence there is inserted—

surface	section 73A(7)

Re-surfacing: regulations and guidance

56

After section 73C of the 1991 Act there is inserted—

(73D) (1) The Secretary of State may make regulations supplementing sections 73A to 73C. (2) The regulations may in particular— (a) make provision about the information to be contained in a re-surfacing notice (including the way in which re-surfacing works are to be described); (b) prescribe, for cases where a re-surfacing notice may be given to more than one undertaker, the matters that a street authority shall take into account when selecting the undertaker to whom the notice is to be given; (c) impose a requirement on an undertaker, in prescribed circumstances, to give notice to the street authority of a prescribed event; (d) prescribe circumstances in which an undertaker may elect to make a payment to the street authority instead of executing the works specified in a re-surfacing notice, and make provision about the calculation of the amount of such payments; (e) confer a right of review or appeal against a re-surfacing notice or any requirement contained in it, and may make provision about the period within which and manner in which any such right may be exercised and about the determination of appeals and the persons who may determine them; (f) require disputes of a prescribed description (including disputes as to the existence of circumstances prescribed under section 73A(1)) to be determined in such manner and by such persons as may be prescribed; (g) apply any provisions of this Part or the Highways Act 1980 (c. 66), with or without modifications, in relation to works specified in a re-surfacing notice (and provide that for those purposes the works are to be treated as street works or works of any other description). (3) The regulations may provide that where a re-surfacing notice has been served on an undertaker, the street authority may (in such circumstances and to such extent as may be prescribed) by notice relieve any other undertaker within section 73A(2) of his duty under section 70 to reinstate the surface of the street. (4) The regulations may create in respect of any breach of a requirement imposed by a re-surfacing notice or of the duty imposed by section 73C, or any contravention of the regulations, an offence punishable on summary conviction— (a) where the offence consists of a failure to give a notice in accordance with the regulations, with a fine not exceeding level 4 on the standard scale; (b) in any other case, with a fine not exceeding level 5 on the standard scale. (5) The first regulations under this section or any of sections 73A to 73C shall not be made unless a draft of them has been laid before and approved by a resolution of each House of Parliament; subsequent regulations shall be subject to annulment in pursuance of a resolution of either House of Parliament. (73E) (1) The Secretary of State may, for the purposes of sections 73A to 73D (including regulations under those sections), issue or approve a code of practice giving practical guidance as to the exercise of powers and the discharge of duties under those sections. (2) In exercising those powers and in discharging those duties, street authorities and undertakers shall have regard to the code of practice.

Contributions to costs of re-surfacing by undertaker

57

(1) After section 78 of the 1991 Act there is inserted—

(78A) (1) Where a street authority has given a re-surfacing notice to an undertaker (A)— (a) the authority shall pay to A a proportion, calculated in the prescribed manner, of the costs reasonably incurred by A in executing the works specified in the notice; (b) an undertaker to whom subsection (2) applies shall pay to A a proportion, calculated in the prescribed manner, of those costs. (2) This subsection applies to an undertaker if— (a) he has, after the commencement of this section (whether or not regulations under it have been made) and before the completion of the works specified in the notice, executed street works which involved the breaking up of any part of a street, and (b) the works specified in the notice include the re-surfacing of that part of the street. (3) The Secretary of State may by regulations prescribe exceptions to the duty imposed by subsection (1)(b). (4) The payments referred to in subsection (1) shall be made in such instalments and manner, and within such period of such event, as may be prescribed. (5) The Secretary of State may by regulations make provision— (a) requiring a street authority, within such period of such event as may be prescribed, to give to an undertaker to whom subsection (2) applies a notice containing such information as may be prescribed; (b) requiring a street authority to pay to an undertaker to whom it has given a re-surfacing notice such sum as he has been unable to recover under subsection (1)(b) on account of the insolvency of an undertaker; (c) requiring disputes of a prescribed description (including disputes as to whether subsection (2) applies to an undertaker) to be determined in such manner and by such persons as may be prescribed. (6) For the purposes of this section, any costs incurred by an undertaker (including any costs of a street authority which are borne by the undertaker) in consequence of a failure by the undertaker to comply with any duty under this Part shall be treated as having been incurred unreasonably. (7) The Secretary of State may by regulations make provision requiring undertakers to make payments to a street authority where— (a) the authority has given a re-surfacing notice to an undertaker, (b) that undertaker has exercised a right, conferred by regulations under section 73D, of the sort mentioned in subsection (2)(d) of that section, and (c) the authority has carried out any of the works specified in the notice. (8) The power in subsection (7) includes power to make provision corresponding to provision that may be made under subsections (1) to (5). (9) Regulations under this section may make different provision for cases where an undertaker mentioned in subsection (1) or (7) has made, or is liable to make, a payment under section 78. (10) The first regulations under this section shall not be made unless a draft of them has been laid before and approved by a resolution of each House of Parliament; subsequent regulations shall be subject to annulment in pursuance of a resolution of either House of Parliament. (11) In subsection (5)(b) “insolvency”— (a) in relation to a company, has the meaning given by section 247(1) of the Insolvency Act 1986; (b) in relation to an individual, includes the approval of a voluntary arrangement under Part 8 of that Act.

(2) In section 96 of the 1991 Act, in subsection (3), after “street)” there is inserted “ or 78A (contributions to costs of re-surfacing by undertakers) ”.

Inspection fees

58

(1) In section 72 of the 1991 Act (powers of street authority in relation to reinstatement) after subsection (2) there is inserted—

(2A) The Secretary of State may prescribe a fee in respect of a prescribed description of inspection mentioned in subsection (2). If he does so that subsection has effect, in relation to that description of inspection, as if for “he shall bear the cost of” there were substituted “ he shall pay the prescribed fee in respect of ”. (2B) The power to make different provision under subsection (2A) for different cases includes power— (a) to make different provision for different descriptions of street authority or undertakers; (b) to prescribe different fees by reference to the nature or extent of the inspection, the place where it is carried out and such other factors as appear to the Secretary of State to be relevant.

(2) For section 75 of that Act (inspection fees) there is substituted—

(75) (1) The Secretary of State may make provision by regulations requiring an undertaker to pay to the street authority the prescribed fee in respect of— (a) all inspections carried out by the authority of his street works; or (b) such inspections of those works as may be prescribed. (2) The regulations may— (a) require undertakers to make payments in respect of inspections anticipated to take place within a prescribed period; and (b) make provision for the striking of an account between an undertaker and a street authority and the making of any necessary payment or repayment. (3) The power to make different provision under this section for different cases includes power— (a) to make different provision for different descriptions of street authority or different descriptions of undertakers (including descriptions framed by reference to their previous performance); (b) to prescribe different fees by reference to the nature or extent of the excavation or other works, the place where they are executed and such other factors as appear to the Secretary of State to be relevant. (4) The reference in subsection (3)(a) to the previous performance of an undertaker is to the performance of the undertaker, during such period as may be prescribed, as respects such description of his duties under this Part as may be prescribed. (5) The regulations may require disputes of any prescribed description to be determined by arbitration. (6) Nothing in this section applies to inspections in respect of which the undertaker is obliged to bear the cost, or pay the prescribed fee, under section 72(2) (inspections consequent on failure to comply with duties as to reinstatement).

Guidance about inspections

59

After section 73E of the 1991 Act (as inserted by section 56 above) there is inserted—

(73F) (1) The Secretary of State may issue or approve guidance to street authorities about any matter relating to the exercise by them of any power to carry out inspections of street works. (2) In exercising their powers to carry out such inspections a street authority shall have regard to any guidance issued or approved under this section. (3) In this section any reference to inspections includes the carrying out of investigatory works.

Part 5 — Highways and roads

Strategic roads in London

Strategic roads in London: initial designation by Secretary of State

60

(1) The Secretary of State may by order made by statutory instrument designate roads and proposed roads in Greater London, other than roads for which the Secretary of State, a strategic highways company or Transport for London is the traffic authority, as strategic roads for the purposes of—

(a) section 301A of the 1980 Act, and

(b) section 121B of the 1984 Act.

(2) Any road or proposed road so designated shall become a strategic road as from such date as may be specified in the order.

(3) No order under subsection (1) may be made in respect of a road or proposed road in a London borough if an order under that subsection has been made in respect of any other road or proposed road in that borough.

(4) In this section and section 61—

(a) “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;

(aa) strategic highways company” means a company for the time being appointed under Part 1 of the Infrastructure Act 2015;

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