Traffic Management Act 2004

Prospective

50Qualifications of supervisors and operativesE+W

(1)Section 67 of the 1991 Act (qualifications of supervisors and operatives) is amended as follows.

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

“(1A)A street authority may (unless the case is one excepted from subsection (1)) by notice require an undertaker executing street works—

(a)to notify them of the name of—

(i)the person who is currently the qualified supervisor required by subsection (1); and

(ii)each person who has previously been the qualified supervisor so required; and

(b)to provide them with such evidence of the requisite qualification of each person named as may be prescribed.”

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

“(2A)A street authority may (unless the case is one excepted from subsection (2)) by notice require an undertaker executing street works—

(a)to notify them of the name of—

(i)a person whose presence on site at any time specified in the notice (being a time when the works were in progress) enabled the undertaker to comply with his duty under subsection (2); or

(ii)each person whose presence on site during the progress of the works enabled the undertaker to comply with his duty in subsection (2); and

(b)to provide them with such evidence of the requisite qualification of each person named as may be prescribed.

(2B)A notice under subsection (1A) or (2A) may be given at any time while the works are being executed or within such period after their completion as may be prescribed.

(2C)The undertaker shall comply with a notice under subsection (1A) or (2A) within such period as may be prescribed.”

(4)In subsection (3) for “or (2)” there is substituted “ , (2) or (2C) ”.

(5)In subsection (4), after paragraph (b) there is inserted “and

(c)the form of any document to be issued by an approved body to certify or otherwise show that a qualification has been conferred on any person.”

Prospective

53Notices requiring remedial works relating to reinstatementsE+W

(1)In section 72 of the 1991 Act (powers of street authority in relation to reinstatement)—

(a)in subsection (3), for “of not less than 7 working days” there is substituted “ , not being less than such period as may be prescribed, ”; and

(b)after subsection (3) there is inserted—

“(3A)Different minimum periods may be prescribed under subsection (3) for different descriptions of remedial works; and cases may be prescribed in which no minimum period applies.”

(2)In section 90 of the 1991 Act (powers of street authority in relation to reinstatement of sewers, etc.)—

(a)in subsection (2), for “of not less than 7 working days” there is substituted “ , not being less than such period as may be prescribed, ”; and

(b)after subsection (2) there is inserted—

“(2A)Different minimum periods may be prescribed under subsection (2) for different descriptions of remedial works; and cases may be prescribed in which no minimum period applies.”

Prospective

55Power of street authority to require undertaker to re-surface streetE+W

(1)After section 73 of the 1991 Act there is inserted—

“Re-surfacingE+W

73APower to require undertaker to re-surface street

(1)In prescribed circumstances, the street authority for a street may by notice (a “re-surfacing notice”) require an undertaker within subsection (2) to execute such re-surfacing works in the street as may be specified in the notice.

(2)An undertaker is within this subsection if—

(a)he has given notice under section 54 or 55 of, or made a notification under paragraph 2(1)(d) of Schedule 3A in respect of, proposed street works,

(b)he is executing street works, or

(c)he has, within such period ending with the giving of the notice as may be prescribed (or if no period is prescribed, at any time), executed street works,

and the works will involve, involve or (as the case may be) involved the breaking up of any part of the street.

(3)The works specified in the re-surfacing notice may relate to any part of the street (including any part not, and not to be, broken up by the undertaker); but regulations may restrict the extent of the works that may be so specified.

(4)The re-surfacing notice relieves the undertaker to the extent (if any) specified in the notice of his duty under section 70 to reinstate the surface of the street; but regulations may restrict the circumstances in which and the extent to which undertakers may be relieved of that duty.

(5)The street authority may by notice to the undertaker vary or withdraw a re-surfacing notice; but regulations may restrict the circumstances in which notices may be varied or withdrawn.

(6)A street authority may give a re-surfacing notice notwithstanding that the authority (in any capacity) are under a duty to undertake any of the works specified in the notice.

(7)In this Part—

• “re-surfacing notice” has the meaning given by subsection (1);

• “re-surfacing works” means any works relating to the replacement of the surface of any part of a street;

• “surface” includes a paved surface.

(8)The reference in subsection (2)(c) to the execution of street works is a reference to the execution of such works after the commencement of this section (whether or not regulations under it have been made).

73BPower to specify timing etc. of re-surfacing

(1)A re-surfacing notice may require an undertaker to—

(a)execute the works specified in the notice in stages so specified;

(b)begin the execution of those works (or any stage of them) at or by a date and time so specified;

(c)execute those works (or any stage of them) at times or on days (or at times on days) so specified;

(d)complete the execution of those works (or any stage of them) by a date and time so specified.

(2)The Secretary of State may by regulations make provision restricting, in some or all cases, the power to include requirements within subsection (1), including provision that—

(a)requires a street authority to consult an undertaker before a prescribed description of requirement is included in a notice;

(b)provides that any date specified in a notice for the beginning, execution or completion of works shall not be earlier than a prescribed period from the date on which the notice is given.

73CMaterials, workmanship and standard of re-surfacing

(1)An undertaker who has been given a re-surfacing notice shall, when executing the works specified in the notice, comply with such requirements as may be prescribed as to the specification of materials to be used and the standards of workmanship to be observed.

(2)He shall also ensure that the new surface conforms to such performance standards as may be prescribed, for the prescribed period after completion of the works.”

(2)In section 106 of that Act—

(a)after the entry for relevant authority (in relation to street works) there is inserted—

(b)after the entry for street works licence there is inserted—

Prospective

56Re-surfacing: regulations and guidanceE+W

After section 73C of the 1991 Act there is inserted—

“73DRe-surfacing: regulations

(1)The Secretary of State may make regulations supplementing sections 73A to 73C.

(2)The regulations may in particular—

(a)make provision about the information to be contained in a re-surfacing notice (including the way in which re-surfacing works are to be described);

(b)prescribe, for cases where a re-surfacing notice may be given to more than one undertaker, the matters that a street authority shall take into account when selecting the undertaker to whom the notice is to be given;

(c)impose a requirement on an undertaker, in prescribed circumstances, to give notice to the street authority of a prescribed event;

(d)prescribe circumstances in which an undertaker may elect to make a payment to the street authority instead of executing the works specified in a re-surfacing notice, and make provision about the calculation of the amount of such payments;

(e)confer a right of review or appeal against a re-surfacing notice or any requirement contained in it, and may make provision about the period within which and manner in which any such right may be exercised and about the determination of appeals and the persons who may determine them;

(f)require disputes of a prescribed description (including disputes as to the existence of circumstances prescribed under section 73A(1)) to be determined in such manner and by such persons as may be prescribed;

(g)apply any provisions of this Part or the Highways Act 1980 (c. 66), with or without modifications, in relation to works specified in a re-surfacing notice (and provide that for those purposes the works are to be treated as street works or works of any other description).

(3)The regulations may provide that where a re-surfacing notice has been served on an undertaker, the street authority may (in such circumstances and to such extent as may be prescribed) by notice relieve any other undertaker within section 73A(2) of his duty under section 70 to reinstate the surface of the street.

(4)The regulations may create in respect of any breach of a requirement imposed by a re-surfacing notice or of the duty imposed by section 73C, or any contravention of the regulations, an offence punishable on summary conviction—

(a)where the offence consists of a failure to give a notice in accordance with the regulations, with a fine not exceeding level 4 on the standard scale;

(b)in any other case, with a fine not exceeding level 5 on the standard scale.

(5)The first regulations under this section or any of sections 73A to 73C shall not be made unless a draft of them has been laid before and approved by a resolution of each House of Parliament; subsequent regulations shall be subject to annulment in pursuance of a resolution of either House of Parliament.

73ERe-surfacing: guidance

(1)The Secretary of State may, for the purposes of sections 73A to 73D (including regulations under those sections), issue or approve a code of practice giving practical guidance as to the exercise of powers and the discharge of duties under those sections.

(2)In exercising those powers and in discharging those duties, street authorities and undertakers shall have regard to the code of practice.”

Prospective

57Contributions to costs of re-surfacing by undertakerE+W

(1)After section 78 of the 1991 Act there is inserted—

“78AContributions to costs of re-surfacing by undertaker

(1)Where a street authority has given a re-surfacing notice to an undertaker (A)—

(a)the authority shall pay to A a proportion, calculated in the prescribed manner, of the costs reasonably incurred by A in executing the works specified in the notice;

(b)an undertaker to whom subsection (2) applies shall pay to A a proportion, calculated in the prescribed manner, of those costs.

(2)This subsection applies to an undertaker if—

(a)he has, after the commencement of this section (whether or not regulations under it have been made) and before the completion of the works specified in the notice, executed street works which involved the breaking up of any part of a street, and

(b)the works specified in the notice include the re-surfacing of that part of the street.

(3)The Secretary of State may by regulations prescribe exceptions to the duty imposed by subsection (1)(b).

(4)The payments referred to in subsection (1) shall be made in such instalments and manner, and within such period of such event, as may be prescribed.

(5)The Secretary of State may by regulations make provision—

(a)requiring a street authority, within such period of such event as may be prescribed, to give to an undertaker to whom subsection (2) applies a notice containing such information as may be prescribed;

(b)requiring a street authority to pay to an undertaker to whom it has given a re-surfacing notice such sum as he has been unable to recover under subsection (1)(b) on account of the insolvency of an undertaker;

(c)requiring disputes of a prescribed description (including disputes as to whether subsection (2) applies to an undertaker) to be determined in such manner and by such persons as may be prescribed.

(6)For the purposes of this section, any costs incurred by an undertaker (including any costs of a street authority which are borne by the undertaker) in consequence of a failure by the undertaker to comply with any duty under this Part shall be treated as having been incurred unreasonably.

(7)The Secretary of State may by regulations make provision requiring undertakers to make payments to a street authority where—

(a)the authority has given a re-surfacing notice to an undertaker,

(b)that undertaker has exercised a right, conferred by regulations under section 73D, of the sort mentioned in subsection (2)(d) of that section, and

(c)the authority has carried out any of the works specified in the notice.

(8)The power in subsection (7) includes power to make provision corresponding to provision that may be made under subsections (1) to (5).

(9)Regulations under this section may make different provision for cases where an undertaker mentioned in subsection (1) or (7) has made, or is liable to make, a payment under section 78.

(10)The first regulations under this section shall not be made unless a draft of them has been laid before and approved by a resolution of each House of Parliament; subsequent regulations shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(11)In subsection (5)(b) “insolvency”—

(a)in relation to a company, has the meaning given by section 247(1) of the Insolvency Act 1986;

(b)in relation to an individual, includes the approval of a voluntary arrangement under Part 8 of that Act.”

(2)In section 96 of the 1991 Act, in subsection (3), after “street)” there is inserted “ or 78A (contributions to costs of re-surfacing by undertakers) ”.