2007 No. 3174 (W.279) (C.130)
The Traffic Management Act 2004 (Commencement No. 2 and Transitional Provisions) (Wales) Order 2007
Made
PART 1GENERAL
Title and Interpretation1
1
The title of this Order is the Traffic Management Act 2004 (Commencement No. 2 and Transitional Provisions) (Wales) Order 2007.
1
In this Order —
“the 1991 Act” means the New Roads and Street Works Act 19913; and
“the 2004 Act” means the Traffic Management Act 2004.
Commencement of provisions2
The provisions of the 2004 Act specified in column 1 of the Schedule come into force as respects Wales on the date specified in column 2 for the purpose specified in relation to that date in column 3.
PART 2TRANSITIONAL PROVISIONS
Fixed penalty offences3
Section 95A(1) of, and Schedule 4A to, the 1991 Act (fixed penalties under Part 3) will not apply in relation to offences committed before 12th May 2008.
Increase in maximum fines for certain summary offences4
The increase in penalties effected by the coming into force of section 40 of, and Schedule 1 to, the 2004 Act will not apply in relation to offences committed before 26th November 2007.
Directions as to timing of street works and placing of apparatus5
Section 56(1A) of the 1991 Act (power to give directions as to timing of street works) and section 56A(1) of that Act (power to give directions as to placing of apparatus) do not apply to street works in respect of which notice has been given under section 54(1) (advance notice of certain works) or section 55(1) of that Act (notice of starting date of works) before 1st April 2008.
Notices of street works6
1
The amendment to section 54(3) of the 1991 Act by section 49(1)(a) of the 2004 Act (notices of street works) does not apply to notices given under section 54(1) of the 1991 Act before 1st April 2008.
2
Section 54(4A) of the 1991 Act does not apply in relation to street works in respect of which advance notice has been given under section 54(1) of that Act before 1st April 2008.
3
Where an advance notice is given under section 54(1) of the 1991 Act specifying a starting date for the proposed works which is before 1st April 2008, section 54(4B) of that Act does not apply but, if those works are not substantially begun before 22nd April 2008, the notice will cease to have effect in relation to the proposed works so that section 54(1) applies again in relation to them.
4
Section 55(8) and (9) of the 1991 Act do not apply in relation to street works in respect of which notice has been given under either section 54(1) or section 55(1) of that Act before 1st April 2008.
5
If an advance notice under section 54(1) of the 1991 Act given before 1st April 2008 specifies a starting date which is later than 30th June 2008, that notice will cease to have effect on 1st April 2008 and section 54(1) will apply again in relation to the proposed works.
Restriction on works following substantial road works7
The amendments to section 58 of the 1991 Act (restriction on works following substantial road works) by section 51 of the 2004 Act does not apply in relation to any notice given under section 58(1) of the 1991 Act before 1st April 2008.
Restriction on works following substantial street works8
Section 58A of, and Schedule 3A to, the 1991 Act (restriction on works following substantial street works) will only apply where a street authority receive a notice under section 54 or 55 of that Act, on or after 1st April 2008, that an undertaker is proposing to execute substantial street works in a highway.
Duty to notify street authority of reinstatement9
The amendments to section 70 of the 1991 Act (duty of undertaker to reinstate) by section 54 of the 2004 Act (duty to notify street authority of reinstatement) do not apply in relation to street works in respect of which notice has been given under section 54(1), 55(1) or 57 (notice of emergency works) of the 1991 Act before 1st April 2008.
SCHEDULE
Column 1 | Column 2 | Column 3 |
---|---|---|
Sections 32 to 39 (permit schemes) | 31 March 2008 | For all purposes |
Section 40(1) and (2) and accordingly Schedule 1 | 26 November 2007 | For all purposes |
Section 40(3) except the words “or (4A)” in the substituted paragraph (a) of section 70(6) of the 1991 Act | 26 November 2007 | Increase in penalties for summary offences under the 1991 Act |
Section 40(3) | 1 April 2008 | For the purpose of inserting the words “or (4A)” into the substituted paragraph (a) of section 70(6) of the 1991 Act (duty of undertaker to reinstate) |
Section 40(4) and (5) | 26 November 2007 | For all purposes |
Section 41(1) and (3) (fixed penalty offences) and accordingly Schedule 3 | 26 November 2007 | To confer power to make orders under section 95A of and regulations under paragraphs 2,4(1), 5(2), 8 and 9 of Schedule 4B to the 1991 Act |
Section 41(1), (2) and (3) and accordingly Schedules 2 and 3 | 12 May 2008 | For all other purposes |
Section 42 (duty of street authority to co-ordinate works) | 26 November 2007 | To confer power to make regulations under section 59(7)(c) of the 1991 Act (general duty of street authority to co-ordinate works. |
Section 43(1), | 26 November 2007 | For all purposes |
Section 43(3) (2) and (4) (directions relating to timing of street works | 1 April 2008 | For all purposes |
Section 44 (directions as to placing of apparatus) | 26 November 2007 | To confer power to:
|
Section 44 | 1 April 2008 | For all other purposes |
Section 49 (notices of street works) | 26 November 2007 | To confer power to make regulations under:
|
Section 49 | 1 April 2008 | For all purposes |
Section 51(1), (2), (3), (5), (7), (8) and (9) (restrictions on road following substantial road works) | 26 November 2007 | To confer power to make regulations by virtue of:
|
Section 51(1), (2), (3), (5), (7), (8) and (9) | 1 April 2008 | For all other purposes |
Section 51(4) | 26 November 2007 | For all purposes |
Section 51(6) | 1 April 2008 | For all purposes |
Section 52(1), (2), (4) and (5) and accordingly Schedule 4 (restriction on works following substantial street works) | 26 November 2007 | To confer power to make regulations by virtue of:
|
Section 52(1), (2), (4) and (5) and accordingly Schedule 4 | 1 April 2008 | For all other purposes |
Section 52(3), (6) and (7) | 1 April 2008 | For all purposes |
Section 54 (duty to notify street authority of reinstatement) | 26 November 2007 | To confer power to make regulations under section 70(3)(b), (4A) and (4B) of the 1991 Act (duty of undertaker to reinstate) |
Section 54 | 1 April 2008 | For all other purposes |
Section 71 (issuing guidance to local highway authorities as to safety precautions) | 26 November 2007 | For all purposes |
Section 98, so far as it relates to Part 1 of Schedule 12 | 31 March 2008 | For all purposes |
Schedule 7, Part 1, paragraphs 1,4 & 5(1) & (3), Part 2 and Part 4, except for 8(3) | 31 March 2008 | For all purposes |
Schedule 8, Part 2, except for 8(2)(a), (c), (d) & (e) and 10(3)(a), (c), (d) & (e) | 31 March 2008 | For all purposes |
Schedule 9, Part 1 and Part 3 | 26 November 2007 | For all purposes |
Schedule 10, paragraph 3, except for 3(3)(a), (c), (d) & (e) | 31 March 2008 | For all purposes |
Schedule 11, except for paragraphs 6 and 7 | 31 March 2008 | For all purposes |
Schedule 12, Part 1 | 31 March 2008 | For all purposes |
(This note is not part of the Order)