Traffic Management Act 2004

(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;

• (b) “strategic road” means a road which is for the time being a strategic road by virtue of an order under subsection (1) or section 61(1);

• (c) “traffic authority” has the same meaning as in the 1984 Act.

• (5) For the purposes of this section and section 61—

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

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

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

• (6) In this Part—

• “the 1980 Act” means the Highways Act 1980 (c. 66);

• “the 1984 Act” means the Road Traffic Regulation Act 1984 (c. 27).

• (7) A statutory instrument containing an order under this section is subject to annulment in pursuance of a resolution of either House of Parliament.

Orders of the Greater London Authority changing what are strategic roads

61

• (1) If the Mayor of London considers it expedient that any road or proposed road in Greater London, other than a road for which the Secretary of State, a strategic highways company or Transport for London is the traffic authority, should become a strategic road then the Greater London Authority may by order direct that the road or proposed road shall become a strategic road.

• (2) Subject to subsection (3), an order under subsection (1) takes effect on such date as may be specified in the order.

• (3) An order under subsection (1) is of no effect unless—

• (a) it is made with the consent of the council for the London borough in which the road is situated (or proposed road is to be situated), or

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

• (4) If the Mayor considers it expedient that any strategic road should cease to be such a road then the Greater London Authority may by order direct that the road shall cease to be such a road.

• (5) An order under subsection (4) takes effect on such date as may be specified in the order.

• (6) The functions of the Greater London Authority under this section are functions exercisable by the Mayor acting on its behalf.

• (7) Section 124C of the 1984 Act (certification and records) applies in relation to strategic roads as it applies in relation to GLA side roads.

London borough council exercising powers under Highways Act 1980 so as to affect strategic roads

62

• (1) Section 301A of the 1980 Act (London borough council exercising powers under that Act so as to affect certain roads) is amended as follows.

• (2) In subsection (1)—

• (a) at the end of paragraph (a) there is inserted—

(aa) a strategic road,

• (b) in paragraph (b), after “borough” there is inserted “ other than a GLA road or strategic road ”.

• (3) In subsection (3)(a), for the words from “by Transport for London” to the end there is substituted

— (i) in the case of a GLA road, by Transport for London; (ii) in the case of a strategic road, by Transport for London and, where the road concerned is in another London borough, the council for that borough; (iii) in the case of a road within subsection (1)(b), by the London borough council concerned; or

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

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

• (5) In subsection (5)(a), for the words from “a GLA road” to the end there is substituted

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

• (6) In subsection (10)—

• (a) in paragraph (b), at the end there is inserted “ or strategic roads ”;

• (b) in paragraph (c), for “neither GLA roads nor” there is substituted “ not GLA roads, strategic roads or ”.

• (7) After subsection (16) there is inserted—

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

London borough council exercising powers under Road Traffic Regulation Act 1984 so as to affect strategic roads

63

• (1) Section 121B of the 1984 Act (London borough council exercising powers under that Act so as to affect certain roads) is amended as follows.

• (2) In subsection (1)—

• (a) at the end of paragraph (a) there is inserted—

(aa) a strategic road,

• (b) in paragraph (b), after “borough” there is inserted “ other than a GLA road or strategic road ”.

• (3) In subsection (3)(a), for the words from “by Transport for London” to the end there is substituted

— (i) in the case of a GLA road, by Transport for London; (ii) in the case of a strategic road, by Transport for London and, where the road concerned is in another London borough, the council for that borough; (iii) in the case of a road within subsection (1)(b), by the London borough council concerned; or

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

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

• (5) In subsection (5)(a), for the words from “a GLA road” to the end there is substituted

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

• (6) In subsection (10)—

• (a) in paragraph (b), at the end there is inserted “ or strategic roads ”;

• (b) in paragraph (c), for “neither GLA roads nor” there is substituted “ not GLA roads, strategic roads or ”.

• (7) After subsection (12) there is inserted—

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

Enforcement of certain offences under the Highways Act 1980

Fixed penalty offences under the Highways Act 1980

64

• (1) After section 314 of the 1980 Act (offences by body corporate) there is inserted—

(314A) (1) A fixed penalty offence is any offence under Part 9 which— (a) is listed in the first column in Schedule 22A (and described in general terms in the second column), and (b) is prescribed in regulations made by the Secretary of State. (2) Offences listed in that Schedule which are committed by virtue of section 314 (offences committed by bodies corporate, etc.) are not fixed penalty offences. (3) Schedule 22B (which makes provision about fixed penalties for fixed penalty offences) has effect. (4) Regulations under subsection (1)(b) may— (a) make provision for Greater London different from that made for the rest of England; (b) make consequential provision (including provision disapplying sections 8 to 11 of, and Schedule 2 to, the London Local Authorities and Transport for London Act 2003 in relation to any offence prescribed in such regulations); (c) make transitional provision.

• (2) In section 322(5) of that Act (service of notices etc.), after paragraph (a) there is inserted—

(ab) a notice under Schedule 22B to this Act;

• (3) After Schedule 22 to that Act there is inserted Schedules 22A and 22B as set out in Schedules 5 and 6 to this Act.

• (4) In the New Roads and Street Works Act 1991 (c. 22), in section 97 (service of notices etc.) after subsection (2) there is inserted—

(3) References in this section to notices authorised to be given or served for the purposes of this Part include a reference to notices under Schedule 22B to the Highways Act 1980 (fixed penalties for certain offences under that Act).

• (5) In the London Local Authorities and Transport for London Act 2003 (c. iii), in section 11 (fixed penalties: reserve powers of Secretary of State) after subsection (6) there is inserted—

(7) The Secretary of State may make regulations increasing the level of fixed penalty under this Act in respect of an offence listed in Schedule 22A to the Highways Act 1980 (as well as Schedule 4 to this Act). (8) While regulations under subsection (7) are in force in respect of an offence, the borough councils and Transport for London may not set the level of fixed penalty in respect of that offence below that set by the regulations.

Records of objects placed in highway

Duty of strategic highways company or local highway authority to keep records of objects in highway

65

• (1) The appropriate national authority may by regulations made by statutory instrument require a strategic highways company or a local highway authority to make and keep a record of the location of any object of a description specified in the regulations which has been placed by that company or that authority in a street.

• (2) Regulations under this section may include provision—

• (a) as to the form in which a record is to be made;

• (b) as to supplementary information to be included in a record;

• (c) requiring a record to be made available for inspection.

• (3) The reference in subsection (1) to an object placed in a street includes an object placed under, over, across, along or upon a street.

• (4) In this section—

• “appropriate national authority” means—the Secretary of State, in relation to strategic highways companies or local highway authorities in England;the National Assembly for Wales, in relation to local highway authorities in Wales;

• “ local highway authority ” has the same meaning as in the 1980 Act;

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

• “street” has the same meaning as in Part 3 of the New Roads and Street Works Act 1991.

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

Skips, scaffolding, building materials and excavations: charges for occupation of highway etc.

Builders' skips: charge for occupation of highway for unreasonable period

66

For section 140A of the 1980 Act there is substituted—

(140A) (1) The Secretary of State may make provision by regulations requiring the owner of a builder's skip deposited on a highway maintainable at the public expense to pay a charge to the highway authority where the period for which the skip remains in the highway exceeds— (a) such period as may be prescribed, and (b) 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. (3) 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. (4) The regulations may prescribe exemptions from the requirement to pay charges. (5) The regulations may provide— (a) that in prescribed circumstances (including in particular where any person makes an application for permission under section 139) the owner of the skip shall give to the authority, in such manner and within such period as may be prescribed, notice containing an estimate of the likely duration of the occupation of the highway, and (b) that the period stated in the notice shall be taken to be agreed by the authority to be reasonable unless the authority give notice, in such manner and within such period as may be prescribed, objecting to the estimate. (6) The regulations may also provide— (a) that in prescribed circumstances the owner of the skip shall give to the authority, in such manner and within such period as may be prescribed, notice containing a revised estimate of the likely duration of the occupation of the highway, and (b) that upon the notice being given any previous agreement to or determination of a reasonable period ceases to have effect, and the period stated in the notice shall be taken to be agreed by the authority to be reasonable unless the authority give notice, in such manner and within such period as may be prescribed, objecting to the revised estimate. (7) 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. (8) The regulations may prescribe different rates of charge according to— (a) the extent to which the skip occupies the highway; (b) the place and time of the occupation; (c) such other factors as appear to the Secretary of State to be relevant. (9) The regulations may provide— (a) that the authority are to set the rate of charge, up to a prescribed maximum, and (b) that different rates of charge may be set according to such factors as the authority consider relevant. (10) The regulations may make provision for the determination of the duration of the occupation of the highway for the purposes of the regulations. (11) And they may, in particular, make provision for an occupation to be treated as beginning or ending on the giving of, or as stated in, a notice given by the owner of the skip to the authority, in the prescribed manner, in accordance with a requirement imposed by the regulations. (12) The regulations may make provision requiring the owner of the skip to provide the authority, in such manner and within such period as may be prescribed, with such information as the authority may specify in a notice to that person, being information required for the purposes of— (a) determining whether a charge is payable by him; (b) calculating the amount of any charge payable by him. (13) The regulations may make provision as to the time and manner of making payment of charges. (14) The regulations shall provide that a highway authority may reduce the amount, or waive payment, of a charge— (a) in any particular case, (b) in such classes of case as they may decide or as may be prescribed, or (c) in all cases or in all cases other than a particular case or such class of case as they may decide or as may be prescribed. (15) The regulations may make provision as to— (a) the application by local highway authorities of sums paid by way of charges, and (b) the keeping of accounts, and the preparation and publication of statements of account, relating to sums paid by way of charges. (16) The regulations may create in respect of any failure to give a notice, or to provide information, required by the regulations a criminal offence triable summarily and punishable with a fine not exceeding level 4 on the standard scale. (17) The regulations may provide that where a skip is the subject of a prescribed description of hiring agreement or hire purchase agreement, the person in possession of the skip under the agreement is for the purposes of the regulations to be treated as the owner of the skip. (18) The regulations may make provision about their application to a series of deposits of skips. (19) And they may, in particular, provide that a series of deposits of skips is to be treated as a single deposit of a skip— (a) beginning at the time the first in the series was deposited, and (b) ending at the time the last in the series was removed. (20) In this section— - “builder's skip“ has the meaning given by section 139(11); - “prescribed” means prescribed by the Secretary of State by regulations, which may make different provision for different cases.

Builders' skips: charge determined by reference to duration of occupation of highway

67

After section 140A of the 1980 Act there is inserted—

(140B) (1) The Secretary of State may make provision by regulations requiring the owner of a builder's skip deposited on a highway maintainable at the public expense to pay to the highway authority a charge determined, in the prescribed manner, by reference to the period for which the highway is occupied by the skip. (2) The regulations shall not require charges to be paid to a local highway authority unless the Secretary of State has, by order, approved the authority for the purposes of the regulations. (3) The regulations may require disputes of any prescribed description to be referred to an arbitrator appointed in accordance with the regulations. (4) Subsections (4) and (8) to (20) of section 140A apply in relation to regulations under subsection (1) of this section as they apply in relation to regulations under subsection (1) of that section.

Scaffolding, building materials and excavations: charge for occupation of highway for unreasonable period

68

For section 171A of the 1980 Act there is substituted—

(171A) (1) The Secretary of State may make provision by regulations requiring a person who— (a) erects a relevant structure on or over a highway maintainable at the public expense, (b) deposits building materials, rubbish or other things in such a highway, or (c) makes a temporary excavation in such a highway, to pay a charge to the highway authority in the circumstances set out in subsection (3). (2) The reference in subsection (1)(a) to the erection of a relevant structure is a reference to the erection, in connection with any building or demolition work or the alteration, repair, maintenance or cleaning of any building, of any scaffolding or other structure that obstructs the highway. (3) The circumstances are that the period (in this section, the “relevant period”) for which— (a) a relevant structure is on or over the highway, (b) things are deposited in the highway, or (as the case may be) (c) there is an excavation in the highway, exceeds both the prescribed period and a reasonable period. (4) For this purpose “a reasonable period” means 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. (5) 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. (6) The regulations may prescribe exemptions from the requirement to pay charges. (7) The regulations may provide— (a) that in prescribed circumstances (including in particular where an application is made for a licence under section 169 or consent under section 171) a person who intends to do or who does an activity mentioned in subsection (1)(a) to (c) shall give to the authority, in such manner and within such period as may be prescribed, notice containing an estimate of the likely duration of the relevant period, and (b) that the period stated in the notice shall be taken to be agreed by the authority to be reasonable unless the authority give notice, in such manner and within such period as may be prescribed, objecting to the estimate. (8) The regulations may also provide— (a) that in prescribed circumstances a person who has given a notice of a type mentioned in subsection (7) shall give to the authority, in such manner and within such period as may be prescribed, notice containing a revised estimate of the likely duration of the relevant period, and (b) that upon the notice being given any previous agreement to or determination of a reasonable period ceases to have effect, and the period stated in the notice shall be taken to be agreed by the authority to be reasonable unless the authority give notice, in such manner and within such period as may be prescribed, objecting to the revised estimate. (9) The amount of the charge shall be determined in such manner as may be prescribed by reference to the relevant period. (10) The regulations may prescribe different rates of charge according to— (a) the extent to which the highway is affected by the structure, things deposited or excavation; (b) the place and time at which the highway is so affected; (c) such other factors as appear to the Secretary of State to be relevant. (11) The regulations may provide— (a) that the authority are to set the rate of charge, up to a prescribed maximum, and (b) that different rates of charge may be set according to such factors as the authority consider relevant. (12) The regulations may make provision for the determination of the duration of the relevant period for the purposes of the regulations. (13) And they may, in particular, make provision for the relevant period to be treated as beginning or ending on the giving of, or as stated in, a notice given by the person mentioned in subsection (1) to the authority, in the prescribed manner, in accordance with a requirement imposed by the regulations. (14) The regulations may make provision requiring a person who does an activity mentioned in subsection (1)(a) to (c) to provide the authority, in such manner and within such period as may be prescribed, with such information as the authority may specify in a notice to that person, being information required for the purposes of— (a) determining whether a charge is payable by him; (b) calculating the amount of any charge payable by him. (15) The regulations may make provision as to the time and manner of making payment of charges. (16) The regulations shall provide that a highway authority may reduce the amount, or waive payment, of a charge— (a) in any particular case, (b) in such classes of case as they may decide or as may be prescribed, or (c) in all cases or in all cases other than a particular case or such class of case as they may decide or as may be prescribed. (17) The regulations may make provision as to— (a) the application by local highway authorities of sums paid by way of charges, and (b) the keeping of accounts, and the preparation and publication of statements of account, relating to sums paid by way of charges. (18) The regulations may create in respect of any failure to give a notice, or to provide information, required by the regulations a criminal offence triable summarily and punishable with a fine not exceeding level 4 on the standard scale. (19) The regulations may make provision about their application to a series of deposits of things. (20) And they may, in particular, provide that a series of deposits of things is to be treated as a single deposit of things— (a) beginning at the time the first in the series was deposited, and (b) ending at the time the last in the series was removed. (21) The regulations may make provision corresponding to that mentioned in subsections (19) and (20) in relation to the erection of relevant structures and the making of excavations. (22) In this section “prescribed” means prescribed by the Secretary of State by regulations, which may make different provision for different cases.

Scaffolding, building materials and excavations: charge determined by reference to duration of occupation of highway

69

After section 171A of the 1980 Act there is inserted—

(171B) (1) The Secretary of State may make provision by regulations requiring a person who— (a) erects a relevant structure on or over a highway maintainable at the public expense, (b) deposits building materials, rubbish or other things in such a highway, or (c) makes a temporary excavation in such a highway, to pay a charge to the highway authority. (2) The reference in subsection (1)(a) to the erection of a relevant structure is a reference to the erection, in connection with any building or demolition work or the alteration, repair, maintenance or cleaning of any building, of any scaffolding or other structure that obstructs the highway. (3) The charge shall be determined in the prescribed manner, by reference to the period (in this section, the “relevant period”) for which— (a) a relevant structure is on or over the highway, (b) things are deposited in the highway, or (as the case may be) (c) there is an excavation in the highway. (4) The regulations shall not require charges to be paid to a local highway authority unless the Secretary of State has, by order, approved the authority for the purposes of the regulations. (5) The regulations may require disputes of any prescribed description to be referred to an arbitrator appointed in accordance with the regulations. (6) Subsections (6) and (10) to (22) of section 171A apply in relation to regulations under subsection (1) of this section as they apply in relation to regulations under subsection (1) of that section.

Sections 66 to 69: supplementary

70

• (1) In section 139 of the 1980 Act, in subsection (11) for “, section 140 and section 140A” there is substituted “ and section 140 ”.

• (2) After section 140B of that Act there is inserted—

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

• (3) After section 171B of that Act there is inserted—

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

• (4) In section 325 of that Act (provisions as to regulations), in subsection (2A)—

• (a) in paragraph (a), after “140A” there is inserted “ or 140B ”;

• (b) for paragraphs (b) and (c) there is substituted—

(b) the first regulations for the purposes of section 171A or 171B as they apply in relation to the erection of relevant structures, or (c) the first regulations for the purposes of section 171A or 171B as they apply in relation to the deposit of building materials, rubbish or other things and the making of temporary excavations,

Guidance as to safety precautions

Guidance to local highway authorities as to safety precautions

71

In section 174 of the 1980 Act (precautions to be taken by persons executing works in streets), after subsection (1) there is inserted—

(1A) The Secretary of State may give guidance to local highway authorities as to the discharge by them of their obligations under subsection (1)(a) and (b) where they are executing works for road purposes. (1B) A local highway authority must in executing any works for road purposes have regard to any guidance given under subsection (1A). (1C) In subsections (1A) and (1B) “works for road purposes” has the same meaning as in Part 3 of the New Roads and Street Works Act 1991.

Part 6 — Civil enforcement of traffic contraventions

Civil penalties for road traffic contraventions

Civil penalties for road traffic contraventions

72

• (1) The appropriate national authority may make provision by regulations for or in connection with—

• (a) the imposition of penalty charges in respect of road traffic contraventions that—

• (i) are subject to civil enforcement (see section 73), and

• (ii) are committed in an area that is a civil enforcement area for contraventions of that description (see section 74), and

• (b) the payment of such penalty charges.

• (2) The regulations shall include provision specifying the person or persons by whom a penalty charge in respect of a contravention is to be paid (who may be the owner of the vehicle involved in the contravention, its driver at the time of the contravention or any other appropriate person).

• (3) The regulations shall include provision in respect of any description of conduct for which a penalty charge may be imposed—

• (a) prohibiting criminal proceedings or the issuing of a fixed penalty notice in respect of conduct of that description, or

• (b) securing that a penalty charge is not required to be paid, or is refunded, where the conduct is the subject of criminal proceedings or of a fixed penalty notice.

• (4) The regulations may include provision prohibiting the imposition of a penalty charge except on the basis of—

• (a) a record produced by an approved device, or

• (b) information given by a civil enforcement officer as to conduct observed by him.

• (5) The regulations may—

• (a) specify exemptions from penalty charges, and

• (b) make provision for discounts or surcharges, or both.

Contraventions subject to civil enforcement

73

• (1) Schedule 7 specifies the road traffic contraventions that are subject to civil enforcement.

• (2) These are—

• (a) parking contraventions (see Part 1 of the Schedule);

• (b) bus lane contraventions (see Part 2 of the Schedule);

• (c) London lorry ban contraventions (see Part 3 of the Schedule);

• (d) moving traffic contraventions (see Part 4 of the Schedule).

• (3) Regulations under this Part of this Act may make different provision in relation to different descriptions of contravention.

• (4) The appropriate national authority may by regulations make such consequential amendment of Schedule 7 as appears to the authority to be required in consequence of the amendment, replacement or revocation of any provision of subordinate legislation referred to in that Schedule.

Civil enforcement areas

74

• (1) Schedule 8 makes provision—

• (a) as to the areas that are civil enforcement areas for the purposes of different descriptions of road traffic contravention, and

• (b) as to the meaning of “enforcement authority” in relation to road traffic contraventions committed in a civil enforcement area.

• (2) In that Schedule—

• Part 1 makes provision for Greater London, and

• Part 2 makes provision for the rest of England and Wales.

Power to require authority to apply for civil enforcement powers

75

• (1) The appropriate national authority may by notice in writing under this section (a “notice to apply”) require a local authority to make an application under paragraph 8 of Schedule 8 for an order designating the whole or part of the local authority's area as a civil enforcement area for parking contraventions.

• (2) The notice must specify—

• (a) the date by which the local authority is to make the application (“the application date”),

• (b) the latest date by which the application must request that the order comes into force (“the in-force date”), and

• (c) the area in respect of which the application is to be made.

• (3) Before giving a notice to apply the appropriate national authority must inform the local authority concerned and the appropriate chief officer of police, in writing, of its intention to give such a notice, indicating the application date, the in-force date and the area it intends to specify in the notice.

• (4) The local authority may make representations to the appropriate national authority to the effect—

• (a) that a notice to apply should not be given to the authority, or

• (b) that the notice should specify a different application date, a different in-force date, or a different area in respect of which the application is to be made.

• (5) In considering whether to give a notice to apply the appropriate national authority must have regard to the local authority's representations and take into account—

• (a) the administrative burden of creating or extending a civil enforcement area and of enforcing parking contraventions within such an area,

• (b) the financial circumstances of the local authority concerned and the likely expenses and receipts in connection with the proposed civil enforcement area,

• (c) any representations made by the appropriate chief officer of police, and

• (d) any other factors appearing to the appropriate national authority to be relevant.

• (6) After a notice to apply has been given, it may be modified by agreement between the appropriate national authority and the local authority concerned.

Civil enforcement officers

76

• (1) A local authority may provide for the enforcement of road traffic contraventions for which it is the enforcement authority by individuals to be known as civil enforcement officers.

• (2) A civil enforcement officer must be—

• (a) an individual employed by the authority, or

• (b) where the authority have made arrangements with any person for the purposes of this section, an individual employed by that person to act as a civil enforcement officer.

• (3) Civil enforcement officers—

• (a) when exercising specified functions must wear such uniform as may be determined by the enforcement authority in accordance with guidelines issued by the appropriate national authority, and

• (b) must not exercise any of those functions when not in uniform.

• (4) In subsection (3)(a) “specified” means specified by regulations made by the appropriate national authority.

• (5) A parking attendant appointed under section 63A of the Road Traffic Regulation Act 1984 (c. 27) by a local authority that is an enforcement authority—

• (a) is a civil enforcement officer in relation to parking contraventions for which that authority is the enforcement authority, and

• (b) may be appointed a civil enforcement officer in relation to other road traffic contraventions for which they are the enforcement authority.

• (6) In this section “ local authority ” includes a non-metropolitan district council.

Setting the level of penalty charges

77

• (1) Schedule 9 provides for the setting of the levels of penalty charges and certain other charges.

• (2) In that Schedule—

• Part 1 specifies the charges to which the Schedule applies,

• Part 2 provides for charges applicable in Greater London, and

• Part 3 provides for charges applicable outside Greater London.

Notification, adjudication and enforcement

Notification of penalty charge

78

• (1) The Lord Chancellor may make regulations for and in connection with the notification of penalty charges.

• (2) The regulations may provide for notification of a penalty charge to be given in respect of a stationary vehicle—

• (a) by a notice affixed to the vehicle,

• (b) by a notice given to a person appearing to be in charge of the vehicle, or

• (c) in such other manner as may be specified by the regulations.

• (3) The regulations may provide for notification of a penalty charge otherwise than in respect of a stationary vehicle to be given in such manner as may be specified by the regulations.

• (4) The regulations may not confer power to stop vehicles.

• (5) The regulations may provide that, if it appears to the enforcement authority that both the operator of a vehicle and the person in control of the vehicle are liable to a penalty charge, they may give notice to the operator requiring him to provide them with the name and address of the person who was in control of the vehicle at the time of the alleged contravention.

• (6) The regulations may include provision creating criminal offences to be triable summarily and punishable with a fine not exceeding level 5 on the standard scale or such lower amount as may be specified.

Notification of penalty charge: parking contraventions in England

78A

• (1) Regulations under section 78 must include provision requiring notification of a penalty charge to be given by a notice affixed to the vehicle where the charge is in respect of a parking contravention on a road in a civil enforcement area in England.

• (2) The regulations may, however, provide that the requirement does not apply in circumstances specified in the regulations (which may be framed by reference to the type of contravention, the circumstances in which a contravention occurs or in any other way) and, where the regulations so provide, they may make any such alternative provision for notification as is authorised by section 78.

Immobilisation of vehicle where penalty charge payable

79

• (1) The appropriate national authority may make provision by regulations for or in connection with—

• (a) the fixing of an immobilisation device to a stationary vehicle found in any place where there is reason to believe the vehicle has been permitted to remain at rest there in circumstances in which a penalty charge has become payable, and

• (b) the release of the vehicle from the device only on payment of—

• (i) the penalty charge mentioned in paragraph (a),

• (ii) such unpaid earlier penalty charges relating to the vehicle as may be specified in the regulations, and

• (iii) the charge payable in respect of the release.

• (2) The regulations may make provision authorising—

• (a) the fixing of an immobilisation device to the vehicle while it remains in the place where it was found, or

• (b) the moving of the vehicle to another place and the fixing of an immobilisation device to it in that other place,

and providing for any power of removal that was exercisable in relation to the vehicle before it was so moved to continue to be exercisable in relation to the vehicle while it remains in the place to which it was so moved.

• (3) The regulations may provide—

• (a) that on any occasion when an immobilisation device is fixed to a vehicle in accordance with the regulations, the person fixing the device shall also fix to the vehicle a notice—

• (i) indicating that such a device has been fixed to the vehicle and warning that no attempt should be made to drive it or otherwise put it in motion unless it has been released from the device;

• (ii) specifying the steps to be taken in order to secure its release; and

• (iii) giving such other information as may be specified by the regulations; and

• (b) that a notice fixed to a vehicle in accordance with the regulations shall not be removed or interfered with except by or under the authority of—

• (i) the owner or person in charge of the vehicle, or

• (ii) the enforcement authority,

and that a person contravening that prohibition commits an offence and is liable on summary conviction to a fine not exceeding level 2 on the standard scale.

• (4) The regulations may also provide—

• (a) that a vehicle to which an immobilisation device has been fixed in accordance with the regulations may only be released from the device by or under the direction of a person authorised by the enforcement authority; and

• (b) that a person who, without being authorised to do so in accordance with the regulations, removes or attempts to remove an immobilisation device fixed to a vehicle in accordance with the regulations commits an offence and is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

• (5) The regulations shall provide—

• (a) that an immobilisation device must not be fixed to a vehicle if a current disabled person's badge is displayed on the vehicle; and

• (b) that if, in a case in which an immobilisation device would have been fixed to a vehicle but for paragraph (a), the vehicle was not being used—

• (i) in accordance with regulations under section 21 of the Chronically Sick and Disabled Persons Act 1970 (c. 44), and

• (ii) in circumstances falling within section 117(1)(b) of the Road Traffic Regulation Act 1984 (c. 27) (use where a disabled person's concession would be available),

the person in charge of the vehicle commits an offence and is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

• (5A) The regulations shall provide—

• (a) that an immobilisation device must not be fixed to a vehicle if a current recognised badge is displayed on the vehicle; and

• (b) that if, in a case in which an immobilisation device would have been fixed to a vehicle but for paragraph (a), the vehicle was not being used—

• (i) in accordance with regulations under section 21A of the Chronically Sick and Disabled Persons Act 1970, and

• (ii) in circumstances falling within section 117(1A)(b) of the Road Traffic Regulation Act 1984 (use where a disabled person’s concession would be available by virtue of displaying a non-GB badge),

the person in charge of the vehicle commits an offence and is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

• (6) The regulations shall also provide that an immobilisation device must not be fixed to a vehicle in a parking place in respect of a contravention consisting of, or arising out of, a failure—

• (a) to pay a parking charge with respect to the vehicle,

• (b) properly to display a ticket or parking device, or

• (c) to remove the vehicle from the parking space by the end of a period for which the appropriate charge was paid,

until 15 minutes have elapsed since the giving of a notification of a penalty charge in respect of the contravention.

• (7) In this section—

• “disabled person's badge“ has the same meaning as in section 142(1) of the Road Traffic Regulation Act 1984;

• “parking device” means a parking device within the meaning of section 35(3B) or 51(4) of that Act; ...

• “parking place” means—a parking place designated by an order under section 45 of that Act, oran off-street parking place provided under section 32(1)(a) or 57(1)(b), or under a letting or arrangement made under section 33(4), of that Act;

• "recognised badge" has the meaning given by section 21A of the Chronically Sick and Disabled Persons Act 1970.

Representations and appeals

80

• (1) The Lord Chancellor may make provision by regulations entitling a person—

• (a) who is or may be liable to pay a penalty charge, or

• (b) who secures the release of a vehicle from an immobilisation device on payment of an amount in accordance with regulations under section 79,

to make representations to the enforcement authority and to appeal to an adjudicator if his representations are not accepted.

• (2) The regulations may make such provision in connection with the rights conferred as appears to the Lord Chancellor to be appropriate, and may in particular make provision—

• (a) requiring the authority to give a person notice of the rights conferred by the regulations,

• (b) as to the grounds on which, and time within which, representations may be made,

• (c) requiring supporting evidence in such circumstances as may be specified,

• (d) as to the duties of the authority when representations are received,

• (e) as to the circumstances in which there is a right of appeal to an adjudicator,

• (f) generally as to the making, determination and effect of, and procedure in connection with, appeals, and

• (g) enabling an adjudicator to review any decision made on, or in the course of, an appeal.

• (3) The regulations may provide that, as respects a ground on which representations may be made, the adjudicator's function on an appeal is to decide whether to direct the enforcement authority to consider or re-consider (as the case may be) any representations relating to that ground.

• (4) The regulations may include provision—

• (a) authorising an adjudicator to require a person—

• (i) to attend to give evidence at the hearing of an appeal, and

• (ii) to produce any documents in his custody or under his control relating to any matter relevant for the purposes of the appeal, and

• (b) making it a criminal offence triable summarily and punishable with a fine not exceeding level 2 on the standard scale to fail to comply with such a requirement.

• (5) The regulations may provide that a person who makes a representation that is false in a material particular, and does so recklessly or knowing it to be false, commits an offence triable summarily and punishable with a fine not exceeding level 5 on the standard scale.

• (6) The regulations may include provision authorising an adjudicator to make an order for the payment of costs and expenses by a party to an appeal in such circumstances as may be specified.

Adjudicators

81

• (1) The Lord Chancellor may make provision by regulations for and in connection with the appointment of adjudicators for the purposes of this Part.

• (2) The following provisions apply in relation to the office of adjudicator—

• (a) to be qualified for appointment as an adjudicator, a person must satisfy the judicial-appointment eligibility condition on a 5-year basis;

• (b) an adjudicator is appointed for a term, not exceeding five years, specified in his instrument of appointment;

• (c) on the expiry of a term of appointment an adjudicator is eligible for re-appointment;

• (d) an adjudicator may be removed from office only for misconduct or on the ground that he is unable or unfit to discharge his functions, but otherwise holds and vacates office in accordance with the terms of his appointment.

• (3) The regulations shall provide—

• (a) for adjudicators to be appointed by the relevant enforcement authorities on such terms as those authorities may decide, and

• (b) for the consent of the Lord Chancellor to be required for any decision by those authorities to appoint a person as an adjudicator;

• (c) for the consent of the Lord Chancellor and the Lord Chief Justice to be required for any decision by those authorities—

• (i) not to re-appoint a person as an adjudicator, or

• (ii) to remove a person from his office as an adjudicator.

• (3A) The regulations may provide for the Lord Chief Justice to nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise any of his functions under the regulations.

• (4) The relevant enforcement authorities shall—

• (a) provide, or make arrangements for the provision of, accommodation and administrative staff and facilities for adjudicators, and

• (b) determine the places where adjudicators are to sit,

and shall defray all the expenses of the adjudication process and, in particular, expenses in relation to the remuneration of adjudicators.

• (5) The regulations shall provide—

• (a) for each adjudicator to make an annual report to the relevant enforcement authorities in accordance with such requirements as may be imposed by those authorities, and

• (b) for those authorities to make and publish an annual report to the appropriate national authority on the discharge by the adjudicators of their functions.

• (6) In this section “the relevant enforcement authorities” means the authorities who are enforcement authorities for the purposes of this Part in relation to road traffic contraventions (of any description).

• (7) The regulations may provide for the functions of the relevant enforcement authorities under this section—

• (a) to be discharged separately for Greater London, England (outside Greater London) and Wales;

• (b) to be discharged by means of arrangements under section 101 of the Local Government Act 1972 (c. 70) (arrangements for discharge of functions by local authorities) or in such other way as the regulations may provide.

• (8) The regulations may make provision—

• (a) for treating adjudicators appointed before the commencement of this Part under section 73 of the Road Traffic Act 1991 (c. 40), or under regulations made under section 144 of the Transport Act 2000 (c. 38), as if they had been appointed under this section;

• (b) for continuing in force for the purposes of this section any arrangements in force immediately before the commencement of this Part for the discharge of functions corresponding to the functions of relevant enforcement authorities under this section.

• (9) The expenses of the relevant enforcement authorities under this section shall be defrayed by them in such proportions—

• (a) as they may decide, or

• (b) in default of a decision by them, as may be determined in accordance with regulations made—

• (i) by the Secretary of State, or

• (ii) if the functions of those authorities are discharged separately for Wales, by the appropriate national authority.

• (10) Regulations under subsection (9)(b) may, in particular, provide—

• (a) for the matter to be determined by an arbitrator appointed by a body specified in the regulations, and

• (b) for the giving of directions by the Secretary of State or, as the case may be, the appropriate national authority in order to secure that the matter is referred to arbitration.

Enforcement of penalty charges

82

• (1) The Lord Chancellor may make regulations for or in connection with the enforcement of penalty charges.

• (2) The regulations may include provision—

• (a) creating criminal offences to be triable summarily and punishable with a fine not exceeding level 5 on the standard scale or such lower amount as may be specified;

• (b) for amounts payable under or by virtue of any provision of this Part to be recoverable, if the county court so orders, as if they were payable under a county court order.

An amount to which paragraph (b) applies that is so recoverable is referred to below as a “traffic contravention debt”.

• (3) The Lord Chancellor may by order make provision—

• (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (b) as to the requirements that must be satisfied before a person takes any other step of a kind specified in the order, with a view to enforcing the payment of—

• (i) a traffic contravention debt, or

• (ii) such class or classes of traffic contravention debts as may be so specified.

• (4) Any such order may make such incidental and supplementary provision (including modifications of any enactment other than this Act) as the Lord Chancellor considers appropriate in consequence of the provision made by the order.

• (5) Any order in force immediately before the commencement of this Part under section 78(2) of the Road Traffic Act 1991 (c. 40) shall have effect after that commencement as if made under the corresponding provisions of this section and shall apply in relation to the enforcement of any traffic contravention debt.

Certificated bailiffs

83

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

Additional contraventions in special enforcement areas

Designation of special enforcement areas

84

Schedule 10 provides for the designation of areas (“special enforcement areas”) where the following sections apply—

• section 85 (prohibition of double parking etc.);

• section 86 (prohibition of parking at dropped footways etc.).

Prohibition of double parking etc.

85

• (1) In a special enforcement area a vehicle must not be parked on the carriageway in such a way that no part of the vehicle is within 50 centimetres of the edge of the carriageway.

This is subject to the following exceptions.

• (2) The first exception is where the vehicle is parked wholly within a designated parking place or any other part of the carriageway where parking is specifically authorised.

A “designated parking place” means a parking place designated by order under section 6, 9, 32(1)(b) or 45 of the Road Traffic Regulation Act 1984 (c. 27).

• (3) The second exception is where the vehicle is being used —

• (a) for fire brigade or police purposes, or

• (b) for ambulance purposes or for the purpose of providing a response to an emergency at the request of an NHS ambulance service.

• “An NHS ambulance service” means—an NHS trust or NHS foundation trust established under the National Health Service Act 2006 which has a function of providing ambulance services;an NHS trust established under the National Health Service (Wales) Act 2006 which has a function of providing ambulance services;the Scottish Ambulance Service Board.

• (4) The third exception is where—

• (a) the vehicle is being used for the purposes of delivering goods to, or collecting goods from, any premises, or is being loaded from or unloaded to any premises,

• (b) the delivery, collection, loading or unloading cannot reasonably be carried out in relation to those premises without the vehicle being parked as mentioned in subsection (1), and

• (c) the vehicle is so parked for no longer than is necessary and for no more than 20 minutes.

• (5) The fourth exception is where—

• (a) the vehicle is being used in connection with any of the following—

• (i) undertaking any building operation, demolition or excavation,

• (ii) the collection of waste by a local authority,

• (iii) removing an obstruction to traffic,

• (iv) undertaking works in relation to a road, a traffic sign or road lighting, or

• (v) undertaking works in relation to a sewer or water main or in relation to the supply of gas, electricity, water or communications services,

• (b) it cannot be so used without being parked as mentioned in subsection (1), and

• (c) it is so parked for no longer than is necessary.

• (6) In this section “carriageway” has the meaning given by section 329(1) of the Highways Act 1980 (c. 66).

• (7) References in this section to parking include waiting, but do not include stopping where—

• (a) the driver is prevented from proceeding by circumstances beyond his control or it is necessary for him to stop to avoid an accident, or

• (b) the vehicle is stopped, for no longer than is necessary, for the purpose of allowing people to board or alight from it.

• (8) The prohibition in this section is enforceable as if imposed—

• (a) in Greater London, by an order under section 6 of the Road Traffic Regulation Act 1984;

• (b) elsewhere in England and Wales, by an order under section 1 of that Act.

• (9) In this section “ local authority ” includes a non-metropolitan district council.

Prohibition of parking at dropped footways etc.

86