Part IIIE+W+S Crossings and Playgrounds

Pedestrian crossingsE+W+S

23 Powers of local authorities with respect to pedestrian crossings on roads other than trunk roads.E+W+S

(1)Subject to subsection (2) below, a local authority shall have power—

(a)to establish on any roads in their area (other than [F1trunk roads][F1roads for which the Secretary of State is the roads authority]) crossings for pedestrians, to be indicated in the manner prescribed by regulations under section 25 of this Act, and

(b)to alter or remove any such crossings from roads in their area.

(2)Before establishing, altering, or removing a crossing a local authority—

(a)shall consult the chief officer of police about their proposal to do so;

(b)shall give public notice of that proposal; and

(c)shall inform the Secretary of State in writing.

(3)It shall be the duty of a local authority to execute any works (including the placing, erection, maintenance, alteration and removal of marks and traffic signs) required—

(a)in connection with the establishment, alteration or removal of crossings in accordance with regulations having effect under section 25 of this Act, or

(b)in connection with the indication of crossings in accordance with such regulations.

(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2

(5)In this section “local authority”—

(a)in relation to England and Wales, means the council of a county [F3, metropolitan district or London borough or the Common Council of the City of London], and

(b)in relation to Scotland, means the local [F4roads] authority.

24 Pedestrian crossings on trunk roads.E+W+S

It shall be the duty of the Secretary of State to establish on [F5trunk roads][F5roads for which he is the roads authority] such crossings for pedestrians as he considers necessary, and to execute any works (including the placing, erection, maintenance, alteration and removal of marks and traffic signs) required in connection with the establishment of those crossings.

25 Pedestrian crossing regulations.E+W+S

(1)The Secretary of State may make regulations with respect to the precedence of vehicles and pedestrians respectively, and generally with respect to the movement of traffic (including pedestrians), at and in the vicinity of crossings.

(2)Without prejudice to the generality of subsection (1) above, regulations under that subsection may be made—

(a)prohibiting pedestrian traffic on the carriageway within 100 yards of a crossing, and

(b)with respect to the indication of the limits of a crossing, or of any other matter whatsoever relating to the crossing, by marks or devices on or near the roadway or otherwise, and generally with respect to the erection of traffic signs in connection with a crossing.

(3)Different regulations may be made under this section in relation to different traffic conditions, and in particular (but without prejudice to the generality of the foregoing words) different regulations may be made in relation to crossings in the vicinity of, and at a distance from, a junction of roads, and in relation to traffic which is controlled by the police, and by traffic signals, and by different kinds of traffic signals, and traffic which is not controlled.

(4)Regulations may be made under this section applying only to a particular crossing or particular crossings specified in the regulations.

(5)A person who contravenes any regulations made under this section shall be guilty of an offence.

(6)In this section “crossing” means a crossing for pedestrians established—

(a)by a local authority under section 23 of this Act, or

(b)by the Secretary of State in the discharge of the duty imposed on him by section 24 of this Act,

and (in either case) indicated in accordance with the regulations having effect as respects that crossing; and, for the purposes of a prosecution for a contravention of the provisions of a regulation having effect as respects a crossing, the crossing shall be deemed to be so established and indicated unless the contrary is proved.

School crossingsE+W+S

26 Arrangements for patrolling school crossings.E+W+S

(1)Arrangements may be made by the appropriate authority for the patrolling of places where children cross roads on their way to or from school, or from one part of a school to another, during periods between the hours of eight in the morning and half-past five in the afternoon when children are so on their way, by persons appointed by or on behalf of the appropriate authority, other than constables.

(2)For the purposes of this section, in its application to England and Wales, the appropriate authority—

(a)as respects places not in the metropolitan police district and not in the City of London, shall be the council of the county [F6 or metropolitan district] in which the places in question are;

(b)as respects places in the City of London, shall be the Common Council of the City; and

(c)as respects places in the metropolitan police district, shall be the commissioner of police of the metropolis,

and for the purposes of this section, in its application to Scotland, the appropriate authority shall be the regional or islands council.

(3)The functions of the appropriate authority for the purposes of arrangements under subsection (1) above shall include the duty to satisfy themselves of the adequate qualifications of persons appointed to patrol, and to provide requisite training of persons to be appointed.

(4)In taking decisions as to making arrangements under subsection (1) above—

(a)in England or Wales, the council of a county [F6or metropolitan district], and the commissioner of police of the metropolis, shall have regard to any representations made to them or him by local authorities for localities in the county, [F6 metropolitan district or] metropolitan police district, as the case may be, and

(b)in Scotland, the regional council shall have regard to any representations made to them by district councils for areas in the region.

(5)Any arrangements under subsection (1) above—

(a)if made in England or Wales by the council of the county [F7or metropolitan district as respects places in the county or district], may include an agreement between that council and the police authority for the police area in which those places are, or

(b)if made in Scotland by a regional council, may include an agreement between that council and any district council whose area comprises the place to which the arrangements relate,

for the performance by the police authority, or, in Scotland, the district council, on such terms as may be specified in the agreement, of such functions for the purposes of the arrangements as may be so specified.

27 Expenses under s. 26 in metropolitan police district.E+W+S

(1)The expenses incurred for the purposes of section 26 of this Act by the council of a county any part of which is for the time being comprised in the metropolitan police district shall not be chargeable on that part.

(2)For the purposes of any arrangements made under section 26(1) of this Act by the commissioner of police of the metropolis, there shall be paid out of the metropolitan police fund such expenditure as the Secretary of State may direct to be so paid.

28 Stopping of vehicles at school crossings.E+W+S

(1)When between the hours of eight in the morning and half-past five in the afternoon a vehicle is approaching a place in a road where children on their way to or from school, or from one part of a school to another, are crossing or seeking to cross the road, a school crossing patrol wearing a uniform approved by the Secretary of State shall have power, by exhibiting a prescribed sign, to require the person driving or propelling the vehicle to stop it.

(2)When a person has been required under subsection (1) above to stop a vehicle—

(a)he shall cause the vehicle to stop before reaching the place where the children are crossing or seeking to cross and so as not to stop or impede their crossing, and

(b)the vehicle shall not be put in motion again so as to reach the place in question so long as the sign continues to be exhibited.

(3)A person who fails to comply with paragraph (a) of subsection (2) above, or who causes a vehicle to be put in motion in contravention of paragraph (b) of that subsection, shall be guilty of an offence.

(4)In this section—

(a)“prescribed sign” means a sign of a size, colour and type prescribed by regulations made by the Secretary of State or, if authorisation is given by the Secretary of State for the use of signs of a description not so prescribed, a sign of that description;

(b)“school crossing patrol” means a person authorised to patrol in accordance with arrangements under section 26 of this Act;

and regulations under paragraph (a) above may provide for the attachment of reflectors to signs or for the illumination of signs.

(5)For the purposes of this section—

(a)where it is proved that a sign was exhibited by a school crossing patrol, it shall be presumed, unless the contrary is proved, to be of a size, colour and type prescribed, or of a description authorised, under subsection (4)(b) above, and, if it was exhibited in circumstances in which it was required by the regulations to be illuminated, to have been illuminated in the prescribed manner;

(b)where it is proved that a school crossing patrol was wearing a uniform, the uniform shall be presumed, unless the contrary is proved, to be a uniform approved by the Secretary of State; and

(c)where it is proved that a prescribed sign was exhibited by a school crossing patrol at a place in a road where children were crossing or seeking to cross the road, it shall be presumed, unless the contrary is proved, that those children were on their way to or from school or from one part of a school to another.

Street playgroundsE+W+S

29 Power of local authorities outside Greater London to prohibit traffic on roads to be used as playgrounds.E+W+S

(1)For the purpose of enabling roads within their area in respect of which they are the [F8highway][F8roads] authority to be used as playgrounds for children, the council of a county [F9or metropolitan district] in England or Wales, or the local authority in Scotland, shall, subject to Parts II and III of Schedule 9 to this Act, have power to make an order prohibiting or restricting the use of any specified road by vehicles, or by vehicles of any specified class,—

(a)subject to such exceptions and conditions as to occasional use or otherwise as may be specified in the order, and

(b)either generally or on particular days or during particular hours.

(2)An order made under this section with respect to a road shall make provision for permitting reasonable access to premises situated on or adjacent to it.

(3)A person who uses a vehicle, or causes or permits a vehicle to be used, in contravention of an order in force under this section shall be guilty of an offence.

30 Similar power for local authorities in Greater London.E+W+S

(1)For the purpose of enabling roads within their area in respect of which they are the highway authority to be used as playgrounds for children, the council of a London borough or the Common Council of the City of London shall, subject to subsections (2) to (6) below, have power to make an order prohibiting or restricting the use of any specified road by vehicles, or by vehicles of any specified class,—

(a)subject to such exceptions and conditions as to occasional use or otherwise as may be specified in the order, and

(b)either generally or on particular days or during particular hours.

(2)An order made under this section with respect to a road shall make provision for permitting reasonable access to premises situated on or adjacent to it.

(3), (4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F11

(5)A person who uses a vehicle, or causes or permits a vehicle to be used, in contravention of an order in force under this section shall be guilty of an offence.

(6)[F12The Secretary of State] may make regulations for prescribing the procedure to be followed in connection with the making of orders by any other authority under this section . . . F13, and for prescribing the manner in which that other authority shall publish notice of the fact that any such order has been made . . . F13 and of its effect.

31 Byelaws with respect to roads used as playgrounds.E+W+S

(1)Where an order is or has been made by a local authority in respect of a road under section 29 or 30 of this Act, the local authority shall have power to make byelaws authorising the use of the road as a playground for children and making provision—

(a)with respect to the admission of children to the road when used as a playground;

(b)with respect to the safety of children so using the road and their protection from injury by vehicles using the road for access to premises situated on or adjacent to it or otherwise; and

(c)generally with respect to the proper management of the road when used as a playground for children.

(2)Byelaws under this section shall be subject to confirmation [F14by the Secretary of State].