Arrangement of Clauses (Contents)

London Local Authorities and Transport for London (No. 2) Bill

 

A

BILL

To confer further powers upon local authorities in London and upon Transport for London; and for related purposes.

WHEREAS—

(1)It is expedient that London Borough Councils and Transport for London ("the London authorities") should have further powers to control the placing of items on the highway:
(2)It is expedient that the law relating to the attachment of street lamps and signs to buildings in London should be altered:
(3)It is expedient that provision should be made about damage caused to highways by persons carrying out development in London:
(4)It is expedient that the London authorities should have further powers to control builders' skips placed on the highway:
(5)It is expedient that the London authorities should have greater powers to recover costs incurred as a consequence of certain events taking place in London:
(6)It is expedient that the London authorities should have powers to take civil enforcement action as regards road traffic contraventions in relation to advanced stopping areas for cyclists:
(7)It is expedient that provision be made in London in relation to gates placed in roads by London authorities:
(8)It is expedient that London authorities should be enabled to vary levels of fixed penalties for cycling on the footway:
(9)It is expedient that provision be made about pedicabs in London:
(10)It is expedient that London authorities have power to provide charging points for electric vehicles on the highway:
(11)It is expedient that the other provisions contained in this Act should be enacted:
(12)The objects of this Act cannot be attained without the authority of Parliament:
(13)In relation to the promotion of the Bill for this Act the Westminster City Council have complied with the requirements of section 239 of the Local Government Act 1972 (c. 70) and the other London borough councils to whom it applies have complied with the requirements of section 87 of the Local Government Act 1985 (c. 51):
(14)In relation to the promotion of the Bill for this Act Transport for London have complied with the requirements of section 167 of and Schedule 13 to the Greater London Authority Act 1999 (c. 29):
(15)In relation to the promotion of the Bill the London borough councils have acted through their representation in London Councils, a statutory joint committee whose membership is made up from members of all the London borough councils:

May it therefore please your Majesty that it may be enacted, and be it enacted, by the Queen's Most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

Part 1

Preliminary

1Citation and commencement
(1)This Act may be cited as the London Local Authorities and Transport for London (No. 2) Act 2008.
(2)This Act, except the provisions mentioned in subsections (3) and (4) shall come into operation at the end of the period of two months beginning with the date on which it is passed.
(3)The following provisions shall come into operation on the appointed day—
(a)Part 2;
(b)section 21;
(c)section 28;
(d)section 29;
(e)section 30.
(4)Section 20(10), (11) and (12) shall come into operation in accordance with section 20(9).

2Interpretation
(1)In this Act—

"the 1980 Act" means the Highways Act 1980 (c. 66);

"the 2003 Act" means the London Local Authorities and Transport for London Act 2003 (c. iii);

"the 2004 Act" means the Traffic Management Act 2004 (c. 18);

"borough council" means London borough council (except Hounslow London Borough Council) and includes the Common Council of the City of London in its capacity as a local authority and "borough" and "council" shall be construed accordingly;

"London authority" means a borough council or Transport for London, as the case may be;

"relevant highway authority" means—

(a)a borough council, as respects highways for which they are highway authority;
(b)Transport for London, as respects highways for which they are the highway authority;

"RTA 1988" means the Road Traffic Act 1988 (c. 52);

"RTOA 1988" means the Road Traffic Offenders Act 1988 (c. 53).

3Appointed day
(1)In section 1(3) "the appointed day" means such day as may be fixed as regards the provisions mentioned in that section—
(a)by a decision of Transport for London; or
(b)by resolution of a borough council,

as the case may be, subject to and in accordance with the provisions of this section.

(2)Different days may be fixed under this section for the purpose of the application of the provisions mentioned in section 1(3) to different areas.
(3)Different days may be fixed under this section for the purpose of the application of the provisions mentioned in section 1(3) to an area or any part of an area or different parts of an area.
(4)The London authority in question shall cause to be published in a local newspaper circulating in their area and in the London Gazette, notice—
(a)of the passing of any such resolution or taking of any such decision under this section and of a day fixed by the resolution or decision; and
(b)of the general effect of the provisions coming into operation on that day,

and the day so fixed shall not be earlier than the expiration of one month from the publication of the notice in the London Gazette.

(5)A document certified by the officer appointed for that purpose by the London authority in question to be a true reproduction of a page or part of a page of any such newspaper or London Gazette—
(a)bearing the date of its publication; and
(b)containing any such notice,

shall be evidence of the publication of the notice and of the date of publication.

Part 2

Items deposited on the highway

4Application of Part 2

This Part shall apply in relation to a highway in Greater London on and after the appointed day.

5Meaning of "authorised officer"

In this Part, "authorised officer", in relation to a relevant highway authority, means—

(a)any employee of the authority;
(b)any person by whom, in pursuance of arrangements made with the authority, any functions under this Part fall to be discharged; or
(c)any employee of any such person,

who is authorised in writing by the authority to act in relation to this Part.

6Meaning of "specified item"

In this Part, "specified item" means any item deposited on the highway except—

(a)an item deposited on the highway in accordance with any statutory right, including in accordance with the terms of any licence, consent or permission granted, given or deemed to be granted or given under any enactment and any conditions or restrictions under which the licence, consent or permission is granted or given;
(b)an item in respect of which, under any enactment, a licence, consent or permission would, but for an exception contained in that enactment, be required for the depositing of the relevant item on the highway;
(c)an item that is in the course of—
(i)being delivered to or taken from any premises; or
(ii)being unloaded from or loaded onto a vehicle;
(d)an item deposited on the highway by—
(i)a public communications provider within the meaning of section 151(1) of the Communications Act 2003 (c. 21);
(ii)a public utility undertaker within the meaning of the 1980 Act;
(iii)a highway authority;
(iv)any other statutory undertaker within the meaning of section 262(1) of the Town and Country Planning Act 1990 (c. 8),

in exercising its functions as such.

7Removal of items deposited on highways
(1)If an authorised officer of a relevant highway authority considers that for the good or safe management of the highway or for the purpose of performing any of the functions of the authority any specified item should be removed from the highway, he may require the person who he believes to have deposited it there to remove it forthwith.
(2)The authorised officer may remove the item himself if—
(a)the person in question fails to comply with the requirement; or
(b)the authorised officer in question cannot, after reasonable inquiry, ascertain the identity of the person who deposited the item on the highway.

8Notice to be given or displayed
(1)Where an authorised officer removes a specified item from the highway under section 7 he or the relevant highway authority shall, as soon as reasonably practicable after the item was removed—
(a)if section 7(2)(a) applies, serve a notice under this section on the person who the authorised officer or relevant highway authority believes to have deposited the item in question on the highway; or
(b)if section 7(2)(b) applies, affix a notice under this section to a conspicuous place in the vicinity of the place from where the item was removed.
(2)The highway authority shall—
(a)take reasonable steps for the protection of a notice affixed under subsection (1)(b);
(b)indicate on such a notice where further copies of the notice may be obtained; and
(c)make available copies of any such notice in the event of it being removed, obscured or damaged.
(3)A notice under this section shall be in such form as the relevant highway authority shall prescribe, and shall—
(a)explain that unless the person who deposited the item on the highway completes the notice in accordance with subsection (4) and then returns it to the authority in accordance with subsection (5), the highway authority may, in accordance with section 9, dispose of the item in question and recover their costs; and
(b)set out—
(i)the address to which the completed notice should be returned;
(ii)the date by which it must be returned (which must be no earlier than the expiry of the period of 14 days beginning with the date on which the notice was served under subsection (1)(a) or affixed under subsection (1)(b)); and
(c)if it is affixed under subsection (1)(b)—
(i)be addressed to "the person responsible for depositing the item or items referred to in this notice"; and
(ii)describe the item or items removed.
(4)A notice under this section is completed by writing, in the appropriate place on the notice—
(a)the name and full postal address of the recipient or, if different, of the person who deposited the item on the highway; and
(b)confirmation that that person requires the highway authority to make a complaint for a disposal order under section 11 in respect of the item in question; and
(c)the signature of that person; and
(d)the date on which it was signed.
(5)A notice under this section, once completed, is returned by delivering it or sending it by post to the address set out on the notice as mentioned in subsection (3)(b)(i) on or before the date as mentioned in that subsection.
(6)If a notice served or affixed in accordance with subsection (1) is completed and returned in accordance with subsections (4) and (5) the highway authority must, no later than the date on which expires the period of 28 days beginning with the date on which the notice was received by them—
(a)make a complaint to the magistrates' court acting for the petty sessions area concerned for a disposal order under section 11; or
(b)return the item in question to the person whose name and address are written on the returned notice.

9Disposal of objects removed by highway authority
(1)A relevant highway authority may, in such manner as they think fit, dispose of any item removed under section 7 if—
(a)a notice was served or affixed in accordance with section 8(1); and
(b)the notice was not completed and returned to the authority in accordance with section 8(4) and (5).
(2)A relevant highway authority may recover their costs of removing an item under section 7 and disposing of an item under this section (including any costs incurred in storing the item) from the person who deposited the item on the highway.

10Compensation
(1)This section shall have effect where—
(a)an item is removed under section 7; and
(b)either—
(i)there has been a failure to comply with section 8(1), (2) or (3); or
(ii)the item removed was not a "specified item" under section 6.
(2)When this section has effect a person who has or at the time of the removal of the item had a legal interest in the item removed may recover compensation from the relevant highway authority by civil action in the County Court in respect of any loss suffered by him as a result of the removal.
(3)The court may only make an order for compensation under subsection (2) if satisfied that the removal was not lawful under section 7.

11Disposal orders
(1)This section applies in respect of a complaint made under section 8(6)(a) by a relevant highway authority for a disposal order and items that are the subject of the complaint are referred to as "removed items" in this section.
(2)On a complaint to which this section applies, a magistrates' court if satisfied that the item in question was duly removed for the good management of the highway or for the purpose of performing any of the functions of the highway authority may make an order authorising the complainant authority—
(a)to dispose of the item; and
(b)after payment out of any proceeds arising from the disposal of the expenses incurred in the removal, disposal and storage of the item, to apply the balance, if any, of the proceeds to the maintenance of highways maintainable at the public expense by them.
(3)The court shall not make a disposal order under subsection (2) where a person claiming to be the owner of the item or the person who applies to be heard by the court, unless an opportunity has been given to him to show cause why the order should not be made.
(4)Subsection (5) applies where—
(a)a person appears before the court under subsection (3) to show cause why the order should not be made; and
(b)the court makes an order under subsection (2) authorising the highway authority to dispose of the removed item; and
(c)the item in question is not of sufficient value to defray the expenses of seizing, storing and disposing of it; and
(d)the court is satisfied that the person mentioned in paragraph (a) was the owner of the item in question or was the person who deposited it on the highway, as the case may be.
(5)Where this subsection applies, the court may order that the person mentioned in subsection (4)(a) pay the expenses, or the balance of the expenses, reasonably incurred by the highway authority in removing, storing and disposing of the item in question.
(6)In considering whether to make an order under subsection (2) a court shall have regard to—
(a)the value of the item in question;
(b)the likely financial and other effects on a person who appears before the court under subsection (3) of the making of the order (taken together with any other order that the court contemplates making); and
(c)any other circumstances the court considers to be relevant.
 

 
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Prepared 4 August 2008