Traffic Management Act 2004

• Citation: 2004 c. 18
• Sections: 167

Section 1 Traffic officers: introduction

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

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

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

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

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

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

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

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

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

Section 2 Designation of traffic officers

(1) The appropriate national authority may—

(a) designate individuals as traffic officers; and

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

(2) An authorisation under subsection (1)—

(a) must be given (and may be varied or withdrawn) in writing; and

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

(3) The designation of an individual as a traffic officer must be made (and may be withdrawn) in writing.

(4) A designation may provide that it is to remain in force (unless it is withdrawn or otherwise ceases to have effect) for a specified period.

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

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

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

Section 3 Jurisdiction of traffic officers

(1) A traffic officer has jurisdiction—

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

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

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

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

Section 4 Powers to direct traffic officers

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

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

Section 5 The special powers of a traffic officer

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

(a) powers conferred by sections 6 and 7;

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

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

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

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

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

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

(c) avoiding danger to persons or other traffic using such a road (or preventing risks of any such danger arising);

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

or for a purpose incidental to any of those purposes.

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

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

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

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

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

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

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

Section 6 Powers to stop or direct traffic

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

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

(i) to stop the vehicle, or

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

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

(i) to stop the vehicle, or

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

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

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

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

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

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

(a) in subsection (1)—

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

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

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

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

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

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

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

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

Section 7 Powers to place temporary traffic signs

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

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

Section 8 Power to confer further special powers on traffic officers

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

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

(3) The order may—

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

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

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

Section 9 Removal of certain vehicles by traffic officers

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

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

(a) amending, or

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

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

Section 10 Offences

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

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

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

(a) impersonates a traffic officer,

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

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

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

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

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

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

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

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

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

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

Section 11 Uniform

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

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

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

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

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

Section 12 Power to charge for traffic officer services provided on request

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

Section 13 Power to acquire land

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

Acquisition of land by Secretary of State or Assembly for buildings etc. needed for traffic management purposes

(245A)

(1) The Secretary of State may acquire land which in his opinion is required for the provision of any buildings or facilities which are needed—

(a) for use by, or in connection with the activities of, traffic officers in England; or

(b) for other purposes connected with the management of traffic on highways in England for which he is the highway authority.

(2) The National Assembly for Wales may acquire land which in its opinion is required for the provision of any buildings or facilities which are needed—

(a) for use by, or in connection with the activities of, traffic officers in Wales; or

(b) for other purposes connected with the management of traffic on highways in Wales for which it is the highway authority.

Section 14 Financial assistance to authorised persons

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

Section 15 Interpretation of Part 1

In this Part—

“ the appropriate national authority ” means—

the Secretary of State, as respects England; and

the Assembly, as respects Wales;

“ the Assembly ” means the National Assembly for Wales;

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

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

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

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

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

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

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

Section 16 The network management duty

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

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

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

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

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

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

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

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

Section 17 Arrangements for network management

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

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

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

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

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

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

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

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

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

(b) monitor the effectiveness of—

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

(ii) the implementation of their decisions; and

(c) assess their performance in managing their road network.

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

Section 18 Guidance to network management authorities

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

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

Section 19 Power to require information relating to network management

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

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

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

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

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

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

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

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

Section 20 Intervention notices

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

(2) An intervention notice must—

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

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

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

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

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

Section 21 Intervention orders

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

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

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

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

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

(c) set out the objectives of the traffic director; and

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

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

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

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

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

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

(a) to monitor any matter;

(b) to report on any matter;

(c) to intervene in activities of the network management authority; and

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

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

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

(7) The order may—

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

(b) confer ancillary powers on the traffic director;

(c) provide for the circumstances in which any general or ancillary power may (or may not) be exercised;

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

(e) make incidental or supplementary provision;

(f) make different provision for different circumstances.

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

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

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

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

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

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

Section 22 Appointment of traffic director: supplementary

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

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

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

(c) the appointment may be revoked by that national authority.

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

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

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

Section 23 Monitoring and reporting

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

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

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

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

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

Section 24 Intervention in activities of network management authority

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

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

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

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

(c) as to the policies to be adopted in the exercise of any function.

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

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

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

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

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

Section 25 Exercise of network management authority functions

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

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

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

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

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

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

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

Section 26 Application of sections 20 to 25 to network management authorities exercising functions jointly

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

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

Section 27 Criteria for making intervention orders

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

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

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

Section 28 Guidance to traffic directors

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

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

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

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

Section 29 Traffic directors in London

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

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

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

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

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

(6) If the traffic director—

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

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

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

(7) If the traffic director—

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

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

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

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

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

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

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

Section 30 Recovery of costs from network management authorities

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

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

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

Section 31 Interpretation of Part 2

In this Part—

“ appropriate national authority ” means—

the Secretary of State, as respects England; and

the National Assembly for Wales, as respects Wales;

“ intervention notice ” means a notice under section 20;

“ intervention order ” means an order under section 21;

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

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

“ Mayor ” means the Mayor of London;

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

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

“ traffic ” includes pedestrians;

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

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

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

Section 32 Meaning of “permit scheme”

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

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

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

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

(c) as to cases in which specified works may be carried out without a permit,

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

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

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

Section 33 Preparation of permit schemes

(1) A permit scheme may be prepared by—

(a) a strategic highways company,

(b) a local highway authority in England, or

(c) such a company or authority acting together with one or more other such companies or authorities.

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

(2) The Secretary of State may direct—

(a) a strategic highways company,

(b) a local highway authority in England, or

(c) such a company or authority acting together with one or more other such companies or authorities,

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

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

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

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

(5) Those preparing permit schemes—

(a) must comply with permit regulations, and

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

Section 33A Implementation of permit schemes of strategic highway companies and local highway authorities in England

(1) This section applies to a permit scheme prepared in accordance with section 33(1) or (2) by—

(a) a strategic highways company,

(b) a local highway authority in England, or

(c) such a company or authority acting together with one or more other such companies or authorities.

(2) The scheme shall not have effect in the area of a participating authority unless the authority gives effect to it by order.

(3) For the purposes of subsection (2) a local highway authority or a strategic highways company is a “ participating authority ” in relation to a permit scheme if it is the highway authority for any of the streets in which the scheme is to control the carrying out of works.

(4) An order under subsection (2)—

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

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

Section 34 Implementation of local highway authority permit schemes : Wales

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

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

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

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

(5) An order under subsection (4)—

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

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

Section 35 Implementation of other permit schemes

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

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

(3) An order under subsection (2)—

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

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

Section 36 Variation and revocation of permit schemes

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

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

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

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

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

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

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

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

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

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

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

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

Section 37 Permit regulations

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

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

(2) Permit regulations may—

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

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

(c) make provision as to the publicity to be given to permit schemes.

(3) Permit regulations may make provision—

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

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

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

(4) Permit regulations may make provision—

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

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

(c) for or in connection with appeals (including provision with respect to the appointment of persons to hear appeals),

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

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

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

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

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

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

(a) an application for a permit,

(b) the issue of a permit,

(c) an application for the variation of a permit or the conditions attached to a permit,

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

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

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

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

(c) cases in which fees may be discounted,

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

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

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

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

(11) Permit regulations may make provision—

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

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

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

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

(13) Permit regulations may set out provisions—

(a) which disapply or modify enactments, and

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

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

Section 38 Crown application

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

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

Section 39 Interpretation of Part 3

(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 power of 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.

Section 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.

Section 41 Fixed penalty offences

(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.

Section 42 Duty of street authority to co-ordinate works

(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.

Section 43 Directions relating to timing of street works

(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.

Section 44 Directions as to placing of apparatus

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.

Section 45 The street works register

(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.

Section 46 Records of location of apparatus

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

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

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

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

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

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

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

Section 47 Duties relating to the location of unexpected apparatus

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

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

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

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

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

(2) Where a person executing works of any description in the street finds apparatus which does not belong to him and is unable, after taking such steps as are reasonably practicable, to ascertain to whom the apparatus belongs, he shall comply with such requirements (if any) as may be prescribed for the purpose of securing that he—

(a) makes and keeps a record of the location of the apparatus and (so far as appears from external inspection) its nature and whether it is in use; and

(b) informs the street authority or any other person of those matters.

(2A) Regulations under subsection (2) may make provision—

(a) as to the form and manner in which records are to be kept;

(b) as to the form and manner in which, or the time at or by which, information is to be given; and

(c) for records which are to be kept by undertakers to be included in the records kept by them under section 79(1).

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

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

(5) The Secretary of State may by regulations make provision for and in connection with the keeping (whether by the Secretary of State or a person with whom he has made appropriate arrangements) of a register of information recorded by undertakers in pursuance of a requirement imposed under subsection (2).

(6) Regulations under subsection (5) may make provision about the inspection of the register by any person having authority to execute works of any description in the street or otherwise appearing to the person responsible for keeping the register to have a sufficient interest.

Section 48 Duty to inspect records

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

Duty to inspect records

(53A)

(1) The Secretary of State may make provision by regulations requiring an undertaker proposing to execute street works of a prescribed description to inspect prescribed statutory records before commencing the street works.

(2) The regulations may provide for the manner in which an inspection of any statutory records is to be carried out.

(3) The regulations may prescribe evidence which may be relied on by the undertaker to demonstrate that he has carried out an inspection required by the regulations.

(4) The regulations may in particular require the undertaker—

(a) to be in possession of prescribed evidence before commencing the street works; and

(b) to produce, in such manner as may be prescribed, prescribed evidence to the street authority either at the request of the authority or at or by such time as may be prescribed.

(5) The regulations may provide for the cases or circumstances in which a requirement under subsection (1) or (4) does or does not apply.

(6) The regulations may create a summary offence, punishable with a fine not exceeding level 5 on the standard scale, in respect of any contravention by an undertaker of a requirement of the regulations.

(7) In this section “ statutory record ” means any register or other record kept in pursuance of a requirement imposed by—

(a) an enactment; or

(b) a licence or other instrument having effect under or by virtue of an enactment.

Section 49 Notices of street works

(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) ” .