London Local Authorities and transport for London Bill—continued
Part 2—continued
        House of Commons

 

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13     Reinstatement of streets and statutory undertakers' works

(1)    This section and section 14 (Provision of facilitating apparatus by statutory undertakers) of this Act apply to—
(a)    any maintainable street (whether or not it is in the area of a participating council) which is maintainable by Transport for London; and
(b)    any other maintainable street in the area of a participating council.
(2)    The permanent reinstatement, under section 71 of the Act of 1991, of a maintainable street to which this section applies shall include, in particular, the reinstatement of the surface of the street, so far as is reasonably practicable, so that the appearance of any part of the street which has been broken up and reinstated matches the appearance of the surface of the street in the vicinity of that part of the street.
(3)    Where the object of subsection (2) cannot be achieved by the reinstatement of the part of the street which has been broken up by the undertaker concerned, the undertaker shall be under a duty to carry out works to such other part of the street as is necessary to ensure that it can be achieved.
(4)    Regulations and codes of practice under section 71 of the Act of 1991 may, in relation to maintainable streets in Greater London, prescribe requirements relating to works to be carried out to such part of a street, other than the part of the street which is to be broken up by the undertaker, as is necessary to ensure that the appearance of the surface of the part of the street which is to be reinstated matches, so far as is reasonably practicable, the appearance of the surface of the street in the vicinity of the area to be reinstated.
(5)    In this section and in the said section 14—
  “the Act of 1991” means the New Roads and Street Works Act 1991(c. 22);
  “maintainable street” means a street maintainable by a local highway authority;
  “undertaker” has the same meaning given to it under section 48(4) and (5) of the Act of 1991.
(6)    This section shall come into operation at the end of the period of six months beginning with the date on which this Act is passed.

14     Provision of facilitating apparatus by statutory undertakers

(1)    This section applies where—
(a)    an undertaker, under section 54 of the Act of 1991, gives advanced notice to a street authority of the execution of works for a major project involving the breaking up of a maintainable street to which this section applies and the placing or replacing of apparatus in the street; or
(b)    an application is made by an undertaker for a street works licence which would permit such a project.
(2)    Where this section applies, the street authority may require the undertaker—
(a)    to place facilitating apparatus in the street; or
(b)    to enable the street authority to place facilitating apparatus in the street;
    when the undertaker carries out his works, and the undertaker shall comply with any such requirement.
(3)    Subject to subsection (4) below, any such requirement shall be made by the street authority—
(a)    no later than 28 days before the expiry of the period of advanced notice given by the undertaker under section 54 of the Act of 1991; or
(b)    as a condition of the street works licence,
    as the case may be.
(4)    Subsection (3) above does not apply in the case where the period of advanced notice given under the said section 54 is less than 56 days. In such cases, the street authority may make such requirement any time before the expiry of the period of the advanced notice.
(5)    Any additional cost reasonably incurred by the undertaker in executing works required under subsection (2)(a) above shall be recoverable from the street authority.
(6)    Where an undertaker is aggrieved by any requirement made by a street authority under subsection (2) above on either of the grounds mentioned in subsection (7) below, he may refer his grievance to an arbitrator to be settled.
(7)    The grounds are—
(a)    that the requirement is unreasonable because the disadvantages caused by the delay which will be caused to the completion of his works outweighs any advantages which may be gained by the requirement being met;
(b)    that the requirement is unreasonable because there is some technical reason why it cannot be met.
(8)    An undertaker shall not be liable to conviction for an offence under sections 54(5) or section 55(5) of the Act of 1991 in respect of the carrying out of works required under subsection (2) above.
(9)    An undertaker executing works required under subsection (2)(a) above shall afford the street authority reasonable facilities for ascertaining whether he is complying with any requirements under that subsection.
(10)    An undertaker who fails to afford the street authority such facilities commits an offence in respect of each failure and is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(11)    Subject to subsection (12) below, the street authority shall indemnify the undertaker against any loss in respect of compensation payable by the undertaker under section 82 of the Act of 1991 insofar as such compensation is payable in relation to the execution of works required under subsection (2)(a) above.
(12)    Subsection (11) above does not apply in respect of damage or loss which is attributable to misconduct or negligence on the part of the undertaker or on the part of any person for whom he is responsible.
(13)    For the purposes of subsection (12) above, the person for whom a person is responsible are his contractors and any person in his employ or that of his contractors.
(14)    Subject to subsection (15) below, any facilitating apparatus placed under subsection (2) above shall remain the property of the street authority.
(15)    The street authority may enter into agreements with undertakers for the acquisition or use of facilitating apparatus or the acquisition of any interest in the facilitating apparatus.
(16)    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 subsection (2) above; and in exercising that power a street authority shall have regard to the code of practice.
(17)    Sections 96 (Recovery of costs and expenses), 98 (Reckoning of periods) and 99 (Arbitration) of the Act of 1991 shall have effect in relation to this section as if references therein to Part III of that Act included references to this section.
(18)    This section shall come into operation on such date as the Secretary of State first issues a code of practice under subsection (16) above or at the end of the period of six months beginning with the date on which this Act is passed, whichever is the sooner.
(19)    In this section—
  “facilitating apparatus” means such apparatus as may be placed in a street which is suitable for the purpose of enabling other apparatus to be placed in the street at a later date—
(a)    without the need to break up the street; or
(b)    reducing significantly the extent to which the street needs to be broken up;
  “major project” means a project which has been identified specifically in the annual operating programme of the undertaker or highway authority, or which, though not specifically identified in such programme, would normally be planned at least six months in advance of works commencing;
  “street authority” has the same meaning as in section 49 of the Act of 1991;
  “street works licence” means a street works licence under section 50 of the Act of 1991; and
  “undertaker” has the same meaning given to it under section 48(4) and (5) of the Act of 1991.

15     Fixed penalty offences

(1)    Where on any occasion an authorised officer of a participating council or Transport for London finds a person who he has reason to believe has on that occasion committed an offence under any of the enactments—
(a)    mentioned in columns (1) and (2) of the table set out in Schedule 4 to this Act; and
(b)    described in column (3) of that table;
    the officer may give that person a notice offering him the opportunity of discharging any liability to conviction for that offence by payment of a fixed penalty.
(2)    The powers of an authorised officer of a participating council under subsection (1) above may be exercised only in relation to offences alleged to have been committed in respect of a highway in respect of which the council is highway authority.
(3)    The powers of an authorised officer of Transport for London under subsection (1) above may be exercised only in relation to offences alleged to have been committed in respect of a GLA road or a GLA side road (whether or not in the area of a participating council).
(4)    Sections 16 (Fixed penalty notices), 17 (Levels of fixed penalties) and 18 (Fixed penalties: reserve powers of Secretary of State) of this Act shall apply in respect of fixed penalty notices under this section.
(5)    The Secretary of State may, by regulations, amend Schedule 4 to this Act by the addition of further offences to the list of offences therein described.

16     Fixed penalty notices

(1)    The provisions of this section shall have effect in relation to notices (“fixed penalty notices”) which may be given under section 15 (Fixed penalty offences) of this Act.
(2)    Where a person is given a fixed penalty notice in respect of an offence—
(a)    no proceedings shall be instituted for that offence before the expiration of 14 days following the date of the notice; and
(b)    he shall not be convicted of that offence if he pays the fixed penalty before the expiration of that period.
(3)    A fixed penalty notice under this section shall give such particulars of the circumstances alleged to constitute the offence as are necessary for giving reasonable information of the offence and shall state—
(a)    the period during which, by virtue of subsection (2) above, proceedings will not be taken for the offence;
(b)    the amount of the fixed penalty; and
(c)    the name of the person to whom and the address at which the fixed penalty may be paid; and, without prejudice to payment by any other method, payment of the fixed penalty may be made by pre-paying and posting to that person at that address a letter containing the amount of the penalty (in cash or otherwise).
(4)    Where a letter is sent in accordance with subsection (3) above, payment shall be regarded as having been made at the time at which that letter would be delivered in the ordinary course of post.
(5)    The form of notices under this section shall be such as the Secretary of State may by order prescribe.
(6)    The fixed penalty payable in pursuance of a fixed penalty notice under this section shall be paid to the participating council or Transport for London, as the case may be.
(7)    Schedule 2 to this Act shall have effect with respect to financial provisions relating to fixed penalties.

17     Levels of fixed penalties

(1)    It shall be the duty of the participating councils and Transport for London to set the levels of fixed penalties payable to them.
(2)    Different levels may be set for different areas in Greater London and for different cases or classes of case.
(3)    In setting the level of fixed penalty under subsection (1) above the participating councils and Transport for London may take account of—
(a)    any reasonable costs or expected costs incurred or to be incurred in connection with the administration of the provisions of the enactment under which the particular fixed penalty offence is created; and
(b)    the cost or expected cost of enforcing the provisions of the relevant enactment.
(4)    Levels of fixed penalties set by the participating councils and Transport for London in accordance with this section may only come into force in accordance with section 18 (Fixed penalties: reserve power of Secretary of State) of this Act.
(5)    The participating councils and Transport for London shall publish, in the same manner as they publish levels of additional parking charges which have been set in accordance with the provisions of section 74 of the Road Traffic Act 1991 (c. 40), the levels of fixed penalties which have been set by them in accordance with this section.
(6)    The functions conferred on participating councils and Transport for London by subsections (1) and (5) above shall be discharged by the joint committee.
(7)    In this section, “the joint committee” means a single joint committee under section 101(5) of the Local Government Act 1972 (c. 72) formed by the participating councils and Transport for London and nominated as the joint committee for the purposes of this section by the Association of London Government.
  Such nomination is to be made before the end of the period of two months commencing on the date on which this Act is passed.
(8)    The joint committee nominated under subsection (7) above may include members of a London Borough Council which is not a participating council, but those members may not participate in proceedings or vote on any matter relating to the functions of the joint committee under this section or the said section 18.
Fixed penalties: reserve powers of Secretary of State

18     

(1)    Where the participating councils and Transport for London set any levels of fixed penalties under subsection (1) of section 16 (Fixed penalty notices) of this Act, they shall notify the Secretary of State of the levels of fixed penalties so set.
(2)    Where notification of any levels of fixed penalties is required to be given under subsection (1) above, the levels of fixed penalties shall not come into force until after the expiration of—
(a)    the period of one month beginning with the day on which the notification is given; or
(b)    such shorter period as the Secretary of State may allow.
(3)    If, before the expiration of that period, the Secretary of State gives notice to the joint committee that he objects to the levels of fixed penalties on the grounds that some or all of them are or may be excessive, those levels of fixed penalties shall not come into force unless and until the objection has been withdrawn.
(4)    If, at any time before the levels of fixed penalties required to be notified under subsection (1) above to the Secretary of State have come into force, the Secretary of State considers that some or all of them are excessive, he may make regulations setting the levels of fixed penalties.
(5)    Levels of fixed penalties set under subsection (4) above must be no higher than those notified under subsection (1) above.
(6)    Regulations under subsection (4) above are without prejudice to the duty imposed on participating councils and Transport for London by subsection (1) of section 17 (Levels of fixed penalties) of this Act.
(7)    Where the Secretary of State makes any such regulations the participating councils and Transport for London must not set any further fixed penalties under the said subsection (1) until after the expiration of the period of 12 months beginning with the day on which the regulations are made.

 

 
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