Part 5: Highways and Roads
167.In this Part, the regulation making powers referred to in the Highways Act 1980 are exercised by the Secretary of State (in England), and by the National Assembly for Wales (in Wales). References in this Part to the power to make regulations should be read accordingly.
Section 60: Strategic Roads in London: initial designation by Secretary of State
168.Section 60 provides that the Secretary of State may by order made by statutory instrument designate roads and proposed roads in Greater London as strategic roads, other than roads for which the Secretary of State or Transport for London is the traffic authority. A strategic road is a road in respect of which the powers in section 301A of the Highways Act 1980, and section 121B of the Road Traffic Regulation Act 1984 may be exercised (as those sections are amended by sections 62 and 63).
169.Subsection (2) provides that any road or proposed road so designated shall become a strategic road from the date specified in the order. Subsection (3) provides that no order under the section 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. This means that the Secretary of State is able, if he thinks fit, to designate the strategic roads in separate orders for individual boroughs or groups of boroughs, but cannot revisit a designation in relation to a borough.
Section 61: Orders of the Greater London Authority changing what are strategic roads
170.Section 61enables changes to be made to the network of strategic roads in London. Subsection (1)provides that if the Mayor of London considers it expedient, the Greater London Authority may by order direct that a road or a proposed road should become a strategic road. Subsection (3) provides that an order under subsection (1) will not have effect unless the consent of the council for the London borough in which the road or proposed road is situated is obtained or where it is not obtained the order is confirmed by the Secretary of State. Subsection (4) enables the Greater London Authority by order to direct that a road shall cease to be a strategic road. The Greater London Authority may act through the Mayor of London.
Section 62: London borough councils exercising powers under Highways Act 1980 so as to affect strategic roads
171.Section 62 amends section 301A of the Highways Act 1980. That section currently provides that a London borough council proposing to carry out highway work which will affect or is likely to affect a GLA road or a road in another London borough must notify TfL and, where the road is in another borough, the council of that borough as well. TfL or another borough may object to the borough undertaking the work. Where TfL or another borough objects, the GLA can give consent to the work after consideration of the objection. This section amends section 301A so that its provisions apply to strategic roads as they apply to GLA roads and roads in another London borough.
Section 63: London borough council exercising powers under Road Traffic Regulation Act 1984 so as to affect strategic roads
172.Section 63 amends section 121B of the Road Traffic Regulation Act 1984. That section currently provides that a London borough council proposing to exercise road traffic powers which affect a GLA road or a road in another London borough must notify TfL and, where the road is in another borough, the council of that borough as well. TfL or another borough may object to the borough exercising the power. Where TfL or another borough objects, the GLA can give consent to the work after consideration of the objection. This section amends section 121B so that its provisions apply to strategic roads as they apply to GLA roads and roads in another London borough.
Section 64 and Schedules 5 and 6: Fixed penalty offences under the Highways Act 1980
173.Section 64 provides for fixed penalties for certain offences under the Highways Act 1980. The potential offences are listed at Schedule 5 to the Act, which inserts a new Schedule 22A to the Highways Act 1980. To be a fixed penalty offence, it must also be prescribed by the Secretary of State in regulations. The regulations may make provision for Greater London different from that in the rest of England. The details of how the system will operate are contained in Schedule 6 to the Act, which inserts a new Schedule 22B into the Highways Act 1980. The new Schedule 22B, among other things, enables regulations to make different provision for different purposes or areas, including with respect to the level of penalty. Section 64 also makes amendments to the London Local Authorities and Transport for London Act 2003. These provide that where London borough councils or Transport for London set the level of penalty for specific fixed penalty offences in the 2003 Act, the Secretary of State can make further regulations increasing the level of those penalties, in cases where the offences are also fixed penalty offences by virtue of this Act.
Section 65: Duty of local highway authority to keep records of objects in highway
174.Section 65 enables the Secretary of State (in England), or the National Assembly for Wales (in Wales), to make regulations imposing a duty upon a local highway authority to make and keep a record of the location of any object of a description prescribed in the regulations which is placed by that authority in the street. The regulations may also make provision as to the form of the records, and supplementary information to be included in the record, and may require a authorities to make their records available for inspection.
Section 66: Builders' skips: charge for occupation of the highway for unreasonable period
175.Sections 139 and 140 of the Highways Act 1980 set out arrangements for controlling the placing and removal of builders’ skips in the highway.
176.Section 74 of NRSWA enables the Secretary of State to make regulations imposing a charge on undertakers where street works in a maintainable highway overrun a reasonable period. Section 74 was amended (by section 256 of the Transport Act 2000) so as to widen the regulation making power (in particular as regards the service of notices).
177.Schedule 8 to the NRSWA amended the Highways Act 1980 to insert section 140A of the Highways Act 1980. Section 140A has not been brought into force. Section 140A makes provision for similar arrangements to be made in respect of builders’ skips as are provided in respect of street works under section 74 of the NRSWA (prior to its amendment by the Transport Act 2000).
178.Section 66 substitutes a new section 140A into the Highways Act 1980, to provide for a widening of the regulation making powers in respect of builders’ skips. The new section 140A is reasonably similar to section 74 of NRSWA as amended by the Transport Act 2000.
179.The new section 140A(1) provides that the Secretary of State may make provision by regulations requiring the owner of a builder’s skip deposited on a maintainable highway to pay a charge to the highway authority in cases where the period of the occupation of the highway exceeds such period as may be prescribed by the Secretary of State in regulations and a reasonable period.
180.The new section 140A(2) provides that a reasonable period means a period agreed between the owner of the skip and the authority or, if agreement cannot be reached, a period determined by arbitration.
181.The new section 140A(9) enables regulations made under the inserted section to provide that the authority are to set the rate of charge, up to a prescribed maximum, and that different rates of charge may be set according to such factors as the highway authority considers relevant.
182.The new section 140A(15) enables the regulations to make provision in respect of the application by authorities of the sums paid by way of charges, and for the publication and the keeping of accounts of sums paid by way of charges.
183.The new section 140A(16) provides that the regulations may create a level 4 offence (attracting a maximum fine of £2,500) where the relevant person fails to give a notice, or to provide information, in accordance with the regulations.
184.The new section 140A(17) enables the regulations to prescribe that where a skip is the subject of hiring agreement or hire purchase agreement of a type prescribed in the regulations, it is the person in possession of the skip that is subject to the requirements of the regulations.
185.The new section 140A(18) enables the regulations to make provision in relation to the deposit of a series of skips, rather than just a single one.
186.The new section 140A(19) enables the regulations to provide that such a series of skips may be treated as a single skip (for instance if a skip was deposited and then removed several times as it became full up).
Section 67: Builder’s skips: charge determined by reference to duration of occupation of the highway
187.Section 74A of NRSWA enables the Secretary of State to make regulations requiring an undertaker executing street works in a maintainable highway to pay to the highway authority a charge, determined in the prescribed manner by the reference to the duration of the works. The regulations made by the Secretary of State under the power enable highway authorities to impose on undertakers a charge for each day of street works ("lane rental" as it is commonly known). Lane rental powers were piloted in two local highway authority areas, Middlesbrough and Camden.
188.Section 67 confers a power, by regulations, to make provision for “lane rental” in relation to the placing of a skip on a maintainable highway.
Section 68: Scaffolding, building materials and excavations: charge for occupation of the highway for unreasonable period
189.Section 169 of the Highways Act 1980 provides for the control of the erection of scaffolding or similar structures over the highway.
190.Section 171 provides for the control of the placing of builders' material (e.g. bricks) on the highway or the making of temporary excavations in the street.
191.Schedule 8 to the NRSWA amended the Highways Act 1980 to insert section 171A of the Highways Act 1980. Section 171A has not been brought into force. Section 171A makes provision for similar arrangements to be made in respect of the placing of scaffolding, building materials etc. as are made in respect of street works under section 74 of the NRSWA (before section 74 was amended by the Transport Act 2000).
192.Section 68 makes the equivalent substitutions to section 171A of the Highways Act 1980, as section 66 of this Act makes to section 140A of the Highways Act 1980.
Section 69: Scaffolding, building materials and excavations: charge determined by reference to duration of occupation of the highway
193.Section 69 confers the power, by regulations, to make provision for “lane rental” in relation to the placing of scaffolding, building materials etc. on a maintainable highway.
Section 71: Guidance to local highway authorities as to safety precautions
194.Section 65 of NRSWA provides that undertakers operating under NRSWA must ensure, among other things, that their works are adequately signed, guarded and lit. The Secretary of State has exercised his power under that section to issue practical guidance to undertakers as to their responsibilities in this respect. Section 174(1)(a) and (1)(b) of the Highway Act 1980 places similar requirements upon persons executing works in a street (other than persons executing street works). Section 71 inserts a new power into section 174 of the Highways Act 1980 to enable the Secretary of State to issue guidance to persons and highway authorities in respect of these requirements.
