(1) In this Part—
“the appropriate national authority” means—
the Secretary of State, as respects England, and
the 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, or
which 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, and
such 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.
40 Increase in penalties for summary offences under 1991 Act
(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.
(1) After section 95 of the 1991 Act (offences) there is inserted—
Fixed penalties for certain offences under this Part
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.
(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.
(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.
In the 1991 Act, after section 56 there is inserted—
Power to give directions as to placing of apparatus
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.
(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.
(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) ”.
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), ”.
52 Restriction on works following substantial street works
(1) After section 58 of the 1991 Act there is inserted—
Restriction on works following substantial street works
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), ”.
54 Duty to notify street authority of reinstatement
(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).
(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—
Inspection fees
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).
After section 73E of the 1991 Act (as inserted by section 56 above) there is inserted—
Inspections
Guidance about street authority inspections
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.
60 Strategic roads in London: initial designation by Secretary of State
(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.
61 Orders of the Greater London Authority changing what are strategic roads
(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.
62 London borough council exercising powers under Highways Act 1980 so as to affect strategic roads
(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.
63 London borough council exercising powers under Road Traffic Regulation Act 1984 so as to affect strategic roads
(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.
71 Guidance to local highway authorities as to safety precautions
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.
72 Civil penalties for road traffic contraventions
(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.
(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.
(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.
75 Power to require authority to apply for civil enforcement powers
(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.
(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.
(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.
(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.
78A Notification of penalty charge: parking contraventions in England
(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.
79 Immobilisation of vehicle where penalty charge payable
(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, or
an 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.
(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.
(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.
(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.
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.).
(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.
86 Prohibition of parking at dropped footways etc.
(1) In a special enforcement area a vehicle must not be parked on the carriageway adjacent to a footway, cycle track or verge where—
(a) the footway, cycle track or verge has been lowered to meet the level of the carriageway for the purpose of—
(i) assisting pedestrians crossing the carriageway,
(ii) assisting cyclists entering or leaving the carriageway, or
(iii) assisting vehicles entering or leaving the carriageway across the footway, cycle track or verge; or
(b) the carriageway has, for a purpose within paragraph (a)(i) to (iii), been raised to meet the level of the footway, cycle track or verge.
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 parked outside residential premises by or with the consent (but not consent given for reward) of the occupier of the premises.
This exception does not apply in the case of a shared driveway.
(4) The third 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.
(5) The fourth 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.
(6) The fifth 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.
(7) In this section “carriageway”, “cycle track” and “footway” have the meanings given by section 329(1) of the Highways Act 1980 (c. 66).
(8) 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.
(9) 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 (c. 27),
(b) elsewhere in England and Wales, by an order under section 1 of that Act.
(10) In this section “ local authority ” includes a non-metropolitan district council.
(1) The appropriate national authority may publish guidance to local authorities about any matter relating to their functions in connection with the civil enforcement of traffic contraventions.
(2) In exercising those functions a local authority must have regard to any such guidance.
(3) In this section “ local authority ” includes a non-metropolitan district council.
87A Power to prohibit use of devices etc: parking contraventions in England
(1) The Secretary of State may by regulations make provision to prohibit the use by civil enforcement officers of a device of a description specified in the regulations, or of records produced by such a device, in connection with the enforcement of parking contraventions on a road in a civil enforcement area in England.
(2) The prohibition may be—
(a) general, or
(b) limited to particular uses specified in the regulations.
(3) The regulations may provide that a general or limited prohibition 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).
(4) Regulations under this section may amend this Part or any provision made under it.
(1) The appropriate national authority may make provision by regulations—
(a) requiring the keeping of accounts, and the preparation and publication of statements of account, of the income and expenditure of enforcement authorities in connection with their functions under this Part, and
(b) as to the purposes for which any surpluses may be applied.
(2) The regulations may provide—
(a) for separate accounts to be kept in respect of an authority's functions in relation to different descriptions of contravention, and
(b) for accounts to be kept in respect of an authority's income and expenditure in respect of functions under this Part and such other functions as may be specified in the regulations.
(3) The regulations may provide that section 55 of the Road Traffic Regulation Act 1984 (financial provisions relating to income and expenditure from parking places) applies in relation to income and expenditure of enforcement authorities in connection with their functions under this Part of this Act in relation to parking contraventions, subject to such modifications as may be specified in the regulations.
(4) The regulations may provide for carrying forward a surplus arising before the commencement of this Part on an account kept under—
(a) section 55 of the Road Traffic Regulation Act 1984 as modified by an order under Schedule 3 to the Road Traffic Act 1991 (c. 40) (parking contraventions),
(b) regulations under section 144 of the Transport Act 2000 (c. 38) (bus lane contraventions), or
(c) Schedule 2 to the London Local Authorities and Transport for London Act 2003 (c. iii) (London lorry ban contraventions or moving traffic contraventions).
(1) Regulations and orders under this Part may make provision for Greater London different from that made for the rest of England.
(2) Regulations and orders under this Part made by the Lord Chancellor may make provision for Wales different from that made for England.
(3) Regulations and orders under this Part may contain incidental, consequential or transitional provision or savings.
(4) Regulations and orders under this Part made by a Minister of the Crown or by the National Assembly for Wales shall be made by statutory instrument.
(5) Regulations under section 80 may not be made unless a draft of them has been laid before and approved by a resolution of each House of Parliament.
(6) Subject to that, a statutory instrument containing regulations or an order under this Part made by a Minister of the Crown is subject to annulment in pursuance of a resolution of either House of Parliament.
(1) This Part does not apply in relation to a vehicle that—
(a) at the relevant time is used or appropriated for use for naval, military or airforce purposes, or
(b) belongs to any visiting forces (within the meaning of the Visiting Forces Act 1952 (c. 67)) or is at the relevant time used or appropriated for use by any such forces.
(2) The provisions of this Part apply to—
(a) vehicles in the public service of the Crown that are required to be registered under the Vehicle Excise and Registration Act 1994 (c. 22) (other than those exempted by subsection (1)(a) above), and
(b) persons in the public service of the Crown.
(3) This Part does not apply in relation to Crown roads within the meaning of section 131 of the Road Traffic Regulation Act 1984 (c. 27) (application of road traffic enactments to Crown roads) unless applied by order under that section.