The Traffic Management Permit Scheme (England) Regulations 2007

PART 2Application for scheme

Consultation for new permit schemes

3.—(1) Prior to submitting a permit scheme to the Secretary of State under section 33 of the 2004 Act, the Permit Authority shall consult—

(a)every person who carries out works in the proposed specified area from time to time, to the extent the Permit Authority is aware of them doing so;

(b)every local authority other than the Permit Authority in whose area is situated any street to which the proposed permit scheme relates;

(c)where any street to which the proposed permit scheme relates is in Greater London, Transport for London;

(d)where any street to which the proposed permit scheme relates is in the passenger transport area of a Passenger Transport Executive, the relevant Passenger Transport Executive;

(e)the emergency services which operate in the proposed specified area;

(f)the Secretary of State;

and such other persons as the Permit Authority considers appropriate.

(2) If, before the day on which these Regulations come into force, the Permit Authority has undertaken any consultation which, had it been undertaken after that day, would to any extent have satisfied the requirements in paragraph (1), those requirements shall to that extent be taken to have been satisfied.

Procedural requirements for submitting new permit schemes

4.  When submitting a permit scheme under section 33(1) or (2) of the 2004 Act, the Permit Authority shall provide the Secretary of State with the following information—

(a)the name of every person who is a highway authority for one or more of the specified streets;

(b)what the objectives of the Permit Authority are for that permit scheme;

(c)how the Permit Authority proposes to ensure that it will comply with the obligation set out in regulation 40;

(d)how and when the Permit Authority proposes to evaluate that permit scheme so as to measure whether the objectives for it have been met;

(e)the costs and benefits (whether or not financial) which the Permit Authority anticipates will result from that permit scheme;

(f)the evidence considered by the Permit Authority when it decided to include any provisions in the permit scheme as to the fees which may be charged, and the reasons for its decision;

(g)the date on or after which the Permit Authority proposes that the permit scheme should come into effect;

(h)details of any transitional arrangements which the Permit Authority would wish to apply in relation to the permit scheme coming into effect; and

(i)a summary of the responses received to the consultation undertaken under regulation 3 and of the changes made to the permit scheme following that consultation.

Varying and revoking permit schemes at the Permit Authority’s request

5.  Before asking the Secretary of State to vary or revoke a permit scheme the Permit Authority shall consult the persons referred to in regulation 3(1).