Traffic Management Act 2004
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Change 1
51 Restriction on works following substantial road works
(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), ”.
51 Restriction on works following substantial road works
(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), ”.
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