Transport Bill - continued        House of Lords

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  PART V
  MISCELLANEOUS AND SUPPLEMENTARY
 
Charges for street works on highway
Charge for whole duration of works.     255. - (1) In the New Roads and Street Works Act 1991, after section 74 insert-
 
 
"Charge determined by reference to duration of works.     74A. - (1) The Secretary of State may make provision by 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 reference to the duration of the works.
 
    (2) The regulations shall not require charges to be paid to a local highway authority unless the Secretary of State has approved it for the purposes of the regulations by order made by statutory instrument.
 
      (3) The regulations may prescribe exemptions from the requirement to pay charges.
 
      (4) The regulations may prescribe different rates of charge according to-
 
 
    (a) the extent to which the surface of the highway is affected by the works,
 
    (b) the place and time at which the works are executed, and
 
    (c) such other factors as appear to the Secretary of State to be relevant.
      (5) The regulations may-
 
 
    (a) prescribe more than one rate of charge in respect of the same description of works, and
 
    (b) provide that charges are to be paid in respect of any works of that description at the rate which appears to the highway authority to be appropriate in relation to those works.
      (6) The regulations may make provision for the determination of the duration of works for the purposes of the regulations.
 
      (7) And they may, in particular, make provision for works to be treated as beginning or ending on the giving of, or as stated in, a notice given by the undertaker to the highway authority, in the prescribed manner, in accordance with a requirement imposed by the regulations.
 
      (8) The regulations may make provision as to the time and manner of making payment of charges.
 
      (9) The regulations shall provide that a highway authority may reduce the amount, or waive payment, of a charge-
 
 
    (a) in any particular case,
 
    (b) in such classes of case as they may decide or as may be prescribed, or
 
    (c) in all cases or in all cases other than a particular case or such class of case as they may decide or as may be prescribed.
      (10) The regulations may make provision as to-
 
 
    (a) the application by local highway authorities of sums paid by way of charges, and
 
    (b) the keeping of accounts, and the preparation and publication of statements of account, relating to sums paid by way of charges.
      (11) The regulations may create in respect of any failure to give a notice required by the regulations a criminal offence triable summarily and punishable with a fine not exceeding level 3 on the standard scale.
 
      (12) The regulations may require disputes of any prescribed description to be referred to an arbitrator appointed in accordance with the regulations.
 
      (13) 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.
 
Regulations under sections 74 and 74A.     74B. Nothing shall be taken to prevent the imposition of charges by both regulations under sections 74 and regulations under section 74A in respect of the execution of the same works at the same time."
 
      (2) The reference to the New Roads and Street Works Act 1991 in Schedule 1 to the National Assembly for Wales (Transfer of Functions) Order 1999 is to be treated as referring to that Act as amended by this section and section 256.
 
Charges where works unreasonably prolonged.     256. - (1) Section 74 of the New Roads and Street Works Act 1991 (charges where works unreasonably prolonged) is amended as follows.
 
      (2) After subsection (2) insert-
 
 
    "(2A) The regulations may prescribe exemptions from the requirement to pay charges."
 
      (3) In subsection (3)-
 
 
    (a) for "may submit to the authority" substitute "shall give to the authority, in such manner as may be prescribed, notice containing", and
 
    (b) for "so submitted" substitute "contained in a notice given to an authority in such manner".
      (4) In subsection (4), for "may submit" substitute "shall give to the authority, in such manner as may be prescribed, notice containing".
 
      (5) After subsection (5) insert-
 
 
    "(5A) The regulations may-
 
 
    (a) prescribe more than one rate of charge in respect of the same description of works, and
 
    (b) provide that charges are to be paid in respect of any works of that description at the rate which appears to the highway authority to be appropriate in relation to those works.
      (5B) The regulations may make provision for the determination of the duration of works for the purposes of the regulations.
 
      (5C) And they may, in particular, make provision for works to be treated as beginning or ending on the giving of, or as stated in, a notice given by the undertaker to the highway authority, in the prescribed manner, in accordance with a requirement imposed by the regulations."
 
      (6) In subsection (7), for the words from "charge" to the end substitute-
 
 
    "(a) in any particular case,
 
    (b) in such classes of case as they may decide or as may be prescribed, or
 
    (c) in all cases or in all cases other than a particular case or such class of case as they may decide or as may be prescribed."
      (7) After that subsection insert-
 
 
    "(7A) The regulations may make provision as to-
 
 
    (a) the application by local highway authorities of sums paid by way of charges, and
 
    (b) the keeping of accounts, and the preparation and publication of statements of account, relating to sums paid by way of charges.
      (7B) The regulations may create in respect of any failure to give a notice required by the regulations a criminal offence triable summarily and punishable with a fine not exceeding level 3 on the standard scale."
 
 
Driver training and driving instructors
Compulsory driver training courses.     257. In the Road Traffic Act 1988, after section 99 insert-
 
 

"Driver training
Compulsory driver training courses.     99ZA. Regulations may make provision about training in the driving of motor vehicles by means of courses provided in accordance with the regulations ("driver training courses").
 
Requirements to complete training courses.     99ZB. - (1) Regulations under section 99ZA of this Act may provide that persons who have not successfully completed a driver training course-
 
 
    (a) may not take a test of competence to drive motor vehicles of a prescribed class (or a prescribed part of such a test),
 
    (b) are not authorised to drive motor vehicles of a prescribed class (before having passed a test of competence to drive them) by a provisional licence (or by section 98(2) or 99A(5) of this Act),
 
    (c) are not granted a licence authorising the driving of motor vehicles of a prescribed class by virtue of regulations under section 89(6)(b) or (c) of this Act, or
 
    (d) are not authorised to drive motor vehicles of a prescribed class in prescribed circumstances (despite having passed a test of competence to drive them).
      (2) But a person is exempt from provision made by virtue of subsection (1)(b), (c) or (d) above if he is undergoing training on a driver training course and is driving a motor vehicle as part of the training.
 
      (3) And regulations under section 99ZA of this Act may include provision exempting persons from any provision made by virtue of subsection (1) above in other circumstances; and regulations including such provision may (in particular)-
 
 
    (a) limit an exemption to persons in prescribed circumstances,
 
    (b) limit an exemption to a prescribed period or in respect of driving in a prescribed area,
 
    (c) attach conditions to an exemption, and
 
    (d) regulate applications for an exemption.
      (4) Regulations under section 99ZA of this Act may include provision for the evidencing by a person of his being within-
 
 
    (a) the exemption specified in subsection (2) above, or
 
    (b) any exemption provided by virtue of subsection (3) above.
      (5) Regulations under section 99ZA of this Act may provide that a driver training course is not to be taken into account for the purposes of the regulations if it was completed before such time as is prescribed.
 
Driver training courses: supplementary.     99ZC. - (1) Regulations under section 99ZA of this Act may include-
 
 
    (a) provision about the nature of driver training courses,
 
    (b) provision for the approval by the Secretary of State of persons providing such courses and the withdrawal of approvals (including provision for appeals against refusal and withdrawal of approvals) and provision for exemptions from any requirement of approval,
 
    (c) provision for the training or assessment, or the supervision of the training or assessment, of persons providing driver training courses,
 
    (d) provision setting the maximum amount of any charges payable by persons undergoing such courses, and
 
    (e) provision for the evidencing of the successful completion of such courses.
      (2) Such regulations may include provision for the charging of reasonable fees in respect of the exercise of any function conferred or imposed on the Secretary of State by such regulations.
 
      (3) Such regulations may make different provision-
 
 
    (a) for different classes of motor vehicles,
 
    (b) for different descriptions of persons, or
 
    (c) otherwise for different circumstances."
Register of approved instructors: destination of appeals.     258. - (1) Section 131 of the Road Traffic Act 1988 (appeals to Secretary of State by persons aggrieved by decision of registrar of approved driving instructors) is amended as follows.
 
      (2) In subsections (1) and (2), for "Secretary of State" substitute "Transport Tribunal".
 
      (3) In subsection (3)-
 
 
    (a) for "Secretary of State" substitute "Transport Tribunal", and
 
    (b) for "he thinks" substitute "they think".
      (4) After subsection (4) insert-
 
 
    "(4A) If the Tribunal consider that any evidence adduced on an appeal had not been adduced to the Registrar before he gave the decision to which the appeal relates, they may (instead of making an order under subsection (3) above) remit the matter to the Registrar for him to reconsider the decision."
 
Taking effect of decisions about instructors.     259. - (1) In section 127 of the Road Traffic Act 1988 (application to retain name in register of approved instructors), after subsection (7) insert-
 
 
    "(7A) A decision to refuse an application shall take effect at the end of the period of fourteen days beginning with the day on which notice of the decision is given (or, if any appeal brought against the decision under the following provisions of this Part of this Act is previously withdrawn or dismissed, when the appeal is withdrawn or dismissed).",
 
  and, in subsection (8), for "A decision to refuse an application shall" substitute "But the Registrar may, when giving notice of his decision to refuse the application, direct that the decision shall instead".
 
      (2) In section 128 of that Act (removal of name from register), after subsection (6) insert-
 
 
    "(6A) A decision to remove a name from the register shall take effect at the end of the period of fourteen days beginning with the day on which notice of the decision is given (or, if any appeal brought against the decision under the following provisions of this Part of this Act is previously withdrawn or dismissed, when the appeal is withdrawn or dismissed).",
 
  and, in subsection (7), for "A decision to remove a name from the register shall" substitute "But the Registrar may, when giving notice of his decision to remove the name from the register, direct that the decision shall instead".
 
      (3) In section 130 of that Act (revocation of licence for giving instruction in order to obtain practical experience), for subsection (6) substitute-
 
 
    "(5A) A decision to revoke a licence shall take effect at the end of the period of fourteen days beginning with the day on which notice of the decision is given (or, if any appeal brought against the decision under the following provisions of this Part of this Act is previously withdrawn or dismissed, when the appeal is withdrawn or dismissed).
 
      (6) But the Registrar may, when giving notice of his decision to revoke a licence, direct that (if an appeal under the following provisions of this Part of this Act is brought against the decision) it shall instead take effect-
 
 
    (a) if the appeal is withdrawn or struck out for want of prosecution, on the withdrawal or striking out of the appeal, or
 
    (b) if and when the appeal is dismissed, and not otherwise."
      (4) In section 131 of that Act (appeals against decisions of registrar), after subsection (4A) (inserted by section 258) insert-
 
 
    "(4B) A person who is aggrieved by a decision of the Registrar not to give a direction under section 127(8), 128(7) or 130(6) of this Act may by notice in writing appeal to the Transport Tribunal within the period of ten days beginning with the day on which notice of the decision is given.
 
      (4C) The Transport Tribunal shall determine the appeal by either-
 
 
    (a) giving the direction concerned, or
 
    (b) dismissing the appeal,
       within the period of fourteen days beginning with the day on which notice of the decision is given.
 
      (4D) Where the Registrar has decided to refuse an application for the retention of a name in the register, to remove a name from the register or to revoke a licence granted under section 129 of this Act but either-
 
 
    (a) he gave a direction under section 127(8), 128(7) or 130(6) of this Act, or
 
    (b) the Transport Tribunal have given such a direction on appeal,
       he may by notice in writing apply to the Transport Tribunal for an order that the decision is to take effect immediately.
 
      (4E) The Transport Tribunal shall determine the Registrar's application by either granting or refusing the application, within the period of fourteen days beginning with the day on which it is made.
 
      (4F) The Transport Tribunal may only grant the application if they consider that a failure to do so might prejudicially affect-
 
 
    (a) the well-being of any person to whom the person concerned may give instruction in the driving of a motor car, or
 
    (b) the safety of road users."
Training and instructors: minor and consequential amendments.     260. Schedule 29 makes minor and consequential amendments about driver training and driving instructors.
 
 
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