Part IIIE+W+S Crossings and Playgrounds

Pedestrian crossingsE+W+S

23 Powers of local authorities with respect to pedestrian crossings on roads other than trunk roads.E+W+S

[F1(1)A local traffic authority may establish crossings for pedestrians on roads for which they are the traffic authority, and may alter or remove any such crossings.

The crossings shall be indicated in the manner prescribed by regulations under section 25 of this Act.]

(2)Before establishing, altering, or removing a crossing a [F2local traffic authority]—

(a)shall consult the chief officer of police about their proposal to do so;

(b)shall give public notice of that proposal; and

(c)shall inform the Secretary of State in writing.

(3)It shall be the duty of a [F2local traffic authority] to execute any works (including the placing, erection, maintenance, alteration and removal of marks and traffic signs) required—

(a)in connection with the establishment, alteration or removal of crossings in accordance with regulations having effect under section 25 of this Act, or

(b)in connection with the indication of crossings in accordance with such regulations.

(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3

F4(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1S. 23(1) substituted (1.11.1991) by New Roads and Street Works Act 1991 (c. 22, SIF 59, 108), s. 168(1), Sch. 8 para. 35(2); which substitution is in force for Scotland only by S.I. 1991/2286, art. 2(2), Sch.2. and for England and Wales only by S.I. 1991/2288, art. 3,Sch.

F2Words in s. 23(2)(3) substituted (1.11.1991) by New Roads and Street Works Act 1991 (c. 22, SIF 59, 108), s. 168(1), Sch. 8 para. 35(3); which substitution is in force for Scotland only by S.I. 1991/2286, art. 2(2), Sch.2, and for England and Wales only by S.I. 1991/2288, art. 3,Sch.

F4S. 23(5) repealed (1.11.1991) by New Roads and Street Works Act 1991 (c. 22, SIF 59, 108), s. 168(1)(2), Sch. 8 para. 23(5), Sch.9; which substitution is in force for Scotland only by S.I. 1991/2286, art. 2(2), Sch.2, and for England and Wales only by S.I. 1991/2288, art. 3,Sch.

24 Pedestrian crossings on trunk roads.E+W+S

[F5The Secretary of State shall establish on roads for which he is the traffic authority such crossings] for pedestrians as he considers necessary, [F5and execute] any works (including the placing, erection, maintenance, alteration and removal of marks and traffic signs) required in connection with the establishment of those crossings.

Textual Amendments

F5Words in s. 24 substituted (1.11.1991) by New Roads and Street Works Act 1991 (c. 22, SIF 59, 108), s. 168(1), Sch. 8 para.36; which substitution is in force for Scotland only by S.I. 1991/2286, art. 2(2), Sch. 2, and for England and Wales only by S.I. 1991/2288, art. 3,Sch.

25 Pedestrian crossing regulations.E+W+S

(1)The Secretary of State may make regulations with respect to the precedence of vehicles and pedestrians respectively, and generally with respect to the movement of traffic (including pedestrians), at and in the vicinity of crossings.

(2)Without prejudice to the generality of subsection (1) above, regulations under that subsection may be made—

(a)prohibiting pedestrian traffic on the carriageway within 100 yards of a crossing, and

(b)with respect to the indication of the limits of a crossing, or of any other matter whatsoever relating to the crossing, by marks or devices on or near the roadway or otherwise, and generally with respect to the erection of traffic signs in connection with a crossing.

(3)Different regulations may be made under this section in relation to different traffic conditions, and in particular (but without prejudice to the generality of the foregoing words) different regulations may be made in relation to crossings in the vicinity of, and at a distance from, a junction of roads, and in relation to traffic which is controlled by the police, and by traffic signals, and by different kinds of traffic signals, and traffic which is not controlled.

(4)Regulations may be made under this section applying only to a particular crossing or particular crossings specified in the regulations.

(5)A person who contravenes any regulations made under this section shall be guilty of an offence.

(6)In this section “crossing” means a crossing for pedestrians established—

(a)by a local authority under section 23 of this Act, or

(b)by the Secretary of State in the discharge of the duty imposed on him by section 24 of this Act,

and (in either case) indicated in accordance with the regulations having effect as respects that crossing; and, for the purposes of a prosecution for a contravention of the provisions of a regulation having effect as respects a crossing, the crossing shall be deemed to be so established and indicated unless the contrary is proved.

Modifications etc. (not altering text)

School crossingsE+W+S

26 Arrangements for patrolling school crossings.E+W+S

(1)Arrangements may be made by the appropriate authority for the patrolling of places where children cross roads on their way to or from school, or from one part of a school to another, F6. . . by persons appointed by or on behalf of the appropriate authority, other than constables.

[F7(1A)Arrangements under subsection (1) above may be made for patrolling places at such times as the appropriate authority think fit.]

[F8(1A)Arrangements under subsection (1) above may be made for patrolling places at such times as the authority thinks fit.]

(2)For the purposes of this section, in its application to England and Wales, the appropriate authority—

(a)as respects places [F9outside Greater London] shall be the council of the county [F10 or metropolitan district] in which the places in question are;

(b)as respects places in the City of London, shall be the Common Council of the City; and

[F11(c)as respects places in a London borough, shall be the council for the borough,]

and for the purposes of this section, in its application to Scotland, the appropriate authority shall be the [F12council constituted under section 2 of the Local Government etc. (Scotland) Act 1994] .

(3)The functions of the appropriate authority for the purposes of arrangements under subsection (1) above shall include the duty to satisfy themselves of the adequate qualifications of persons appointed to patrol, and to provide requisite training of persons to be appointed.

(4)In taking decisions as to making arrangements under subsection (1) above—

[F13(a)]in England or Wales, the council of a county [F10or metropolitan district]. . ., shall have regard to any representations made to them F14. . . by local authorities for localities in the county [F15or], [F10 metropolitan district]. . ., as the case may be, [F16and

(b)in Scotland, the regional council shall have regard to any representations made to them by district councils for areas in the region.]

[F17(4A)Before making arrangements under subsection (1) above for the patrolling of places where children cross GLA roads, a London borough council or the Common Council of the City of London must consult Transport for London and take account of any representations made by Transport for London.]

(5)Any arrangements under subsection (1) above—

[F18(a)]if made in England or Wales by the council of the county [F19,London borough][F20or metropolitan district as respects places in the county [F19, London borough] or district], may include an agreement between that council and the police authority for the police area in which those places are, [F21or

(b)if made in Scotland by a regional council, may include an agreement between that council and any district council whose area comprises the place to which the arrangements relate,]

for the performance by the police authority, [F22or, in Scotland, the district council,] on such terms as may be specified in the agreement, of such functions for the purposes of the arrangements as may be so specified.

Textual Amendments

F6Words in s. 26(1) omitted (E.W.) (30.1.2001) by virtue of 2000 c. 38, s. 270(2)(a); S.I. 2001/57, art. 2, Sch. 1 (subject to transitional provisions and savings in Sch. 2 Pt. II) and repealed (E.W.) (prosp.) by 2000 c. 38, ss. 274, 275, Sch. 31 Pt. V(2) and repealed (S.) (1.4.2001) by 2001 asp 2, s. 77(2) (with s. 66); S.S.I. 2001/132, art. 2(3), Sch. Pt. I (subject to transitional provisions and savings in arts. 3, 4)

F7S. 26(1A) inserted (S.) (1.4.2001) by 2001 asp 2, s. 77(3) (with s. 66); S.S.I. 2001/132, art. 2(2), Sch. Pt. I (subject to transitional provisions and savings in arts. 3, 4)

F8S. 26(1A) inserted (E.W.) (30.1.2001) by 2000 c. 38, s. 270(2)(b); S.I. 2001/57, art. 2, Sch. 1 (subject to transitional provisions and savings in Sch. 2 Pt. II)

F9Words in s. 26(2)(a) substituted (1.4.2000) by 1999 c. 29, s. 288(1)(2)(a) (with Sch. 12 para 9(1)); S.I. 2000/801, art. 2, Sch.

F12Words in s. 26(2) substituted (S.) (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 134(3)(a) (with s. 179); S.I. 1996/323, art. 3

F13Word “a" in s. 26(4) repealed (S.) (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 134(3)(b)(i), Sch. 14 (with s. 179); S.I. 1996/323, art. 3

F14Words in s. 26(4) ceased to have effect (1.4.2000) by 1999 c. 29, s. 288(1)(3)(a) (with Sch. 12 para. 9(1)) and words repealed (3.7.2000) by 1999 c. 29, s. 423, Sch. 34 Pt. VI (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2, Sch.

F15Words in s. 26(4) inserted (1.4.2000) by 1999 c. 29, s. 288(1)(3)(b) (with Sch. 12 para. 9(1))

F16s. 26(4)(b) and preceding word “and" repealed (S.) (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 134(3)(b)(ii), Sch. 14 (with s. 179); S.I. 1996/323, art. 3

F18Word “a" in s. 26(5) repealed (S.) (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 134(3)(c)(i), Sch. 14 (with s. 179); S.I. 1996/323, art. 3

F19Words in s. 26(5) inserted (1.4.2000) by 1999 c. 29, s. 288(1)(5) (with Sch. 12 para. 9(1); S.I. 2000/801, art. 2, Sch.

F21s. 26(5)(b) and preceding word “or" repealed (S.) (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 134(3)(c)(ii), Sch. 14 (with s. 179); S.I. 1996/323, art. 3

F2327. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

Textual Amendments

28 Stopping of vehicles at school crossings.E+W+S

(1)When F24. . . a vehicle is approaching a place in a road where [F25a person is] crossing or seeking to cross the road, a school crossing patrol wearing a uniform approved by the Secretary of State shall have power, by exhibiting a prescribed sign, to require the person driving or propelling the vehicle to stop it.

(2)When a person has been required under subsection (1) above to stop a vehicle—

(a)he shall cause the vehicle to stop before reaching the place where the [F26person is] crossing or seeking to cross and so as not to stop or impede [F27his] crossing, and

(b)the vehicle shall not be put in motion again so as to reach the place in question so long as the sign continues to be exhibited.

(3)A person who fails to comply with paragraph (a) of subsection (2) above, or who causes a vehicle to be put in motion in contravention of paragraph (b) of that subsection, shall be guilty of an offence.

(4)In this section—

(a)“prescribed sign” means a sign of a size, colour and type prescribed by regulations made by the Secretary of State or, if authorisation is given by the Secretary of State for the use of signs of a description not so prescribed, a sign of that description;

(b)“school crossing patrol” means a person authorised to patrol in accordance with arrangements under section 26 of this Act;

and regulations under paragraph (a) above may provide for the attachment of reflectors to signs or for the illumination of signs.

(5)For the purposes of this section—

(a)where it is proved that a sign was exhibited by a school crossing patrol, it shall be presumed, unless the contrary is proved, to be of a size, colour and type prescribed, or of a description authorised, under subsection (4)(b) above, and, if it was exhibited in circumstances in which it was required by the regulations to be illuminated, to have been illuminated in the prescribed manner; [F28and]

(b)where it is proved that a school crossing patrol was wearing a uniform, the uniform shall be presumed, unless the contrary is proved, to be a uniform approved by the Secretary of State; F29. . .

(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F24Words in s. 28(1) omitted (E.W.) (30.1.2001) and repealed (E.W.) (prosp.) by virtue of 2000 c. 38, ss. 270(3)(a)(i), 274, 275, Sch. 31 Pt. V(2); S.I. 2001/57, art. 2, Sch. 1 (subject to Sch. 2 Pt. II); and those same words repealed (S.) (1.4.2001) by 2001 asp 2, s. 77(4)(a) (with s. 66); S.S.I. 2001/132, art. 2(2), Sch. Pt. I (subject to arts. 3, 4)

F25Words in s. 28(1) substituted (E.W.) (30.1.2001) and (S.) (1.4.2001) by 2000 c. 38, s. 270(3)(a)(ii); S.I. 2001/57, art. 2, Sch. 1 (subject to Sch. 2 Pt. II) and 2001 asp 2, s. 77(4)(b) (with s. 66); S.S.I. 2001/132, art. 2(2), Sch. Pt. I (subject to arts. 3, 4)

F26Words in s. 28(2)(a) substituted (E.W.) (30.1.2001) and (S.) (1.4.2001) by 2000 c. 38, s. 270(3)(b)(i); S.I. 2001/57, art. 2, Sch. 1 (subject to Sch. 2 Pt. II) and 2001 asp 2, s. 77(5)(a) (with s. 66); S.S.I. 2001/132, art. 2(2), Sch. Pt. I (subject to arts. 3, 4)

F27Words in s. 28(2)(a) substituted (E.W.) (30.1.2001) and (S.) (1.4.2001) by 2000 c. 38, s. 270(3)(b)(ii); S.I. 2001/57, art. 2, Sch. 1 (subject to Sch. 2 Pt. II) and 2001 asp 2, s. 77(5)(b) (with s. 66); S.S.I. 2001/132, art. 2(2), Sch. Pt. I (subject to arts. 3, 4)

F28Word in s. 28(5)(a) inserted (E.W.) (30.1.2001) by 2000 c. 38, s. 270(3)(c)(i); S.I. 2001/57, art. 2, Sch. 1 (subject to Sch. 2 Pt. II)

F29S. 28(5)(c) and the preceding word omitted (E.W.) (30.1.2001) and repealed (E.W.) (prosp.) by virtue of 2000 c. 38, ss. 270(3)(c)(ii), 274, 275, Sch. 31 Pt. V(2); S.I. 2001/57, art. 2, Sch. 1 (subject to Sch. 2 Pt. II); and that same sub-provision and word repealed (S.) (1.4.2001) by 2001 asp 2, s. 77(6) (with s. 66); S.S.I. 2001/132, art. 2(2), Sch. Pt. I (subject to arts. 3, 4)

Modifications etc. (not altering text)

C2S. 28(4)(a): certain functions transferred (1.7.1999) by S.I. 1999/1750, art. 2, Sch. 1; S.I. 1998/3178, art. 3

Street playgroundsE+W+S

[F3029 Power to prohibit traffic on roads to be used as playgrounds.E+W+S

(1)For the purpose of enabling a road for which they are the traffic authority to be used as a playground for children, a local traffic authority may make an order prohibiting or restricting the use of the road by vehicles, or by vehicles of any specified class, either generally or on particular days or during particular hours.

The prohibition or restriction may be subject to such exceptions and conditions as to occasional use or otherwise as may be specified in the order.

(2)An order under this section shall make provision for permitting reasonable access to premises situated on or adjacent to the road.

(3)A person who uses a vehicle or causes or permits a vehicle to be used, in contravention of an order in force under this section shall be guilty of an offence.]

Textual Amendments

F30S. 29 substituted for ss. 29, 30 (1.11.1991) by New Roads and Street Works Act 1991 (c. 22, SIF 59, 108), s. 168(1), Sch. 8 para.37; which substitution is in force for Scotland only by S.I. 1991/2286, art. 2(2), Sch. 2, and for England and Wales only by S.I. 1991/2288, art. 3,Sch.

30. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

31 Byelaws with respect to roads used as playgrounds.E+W+S

(1)Where an order is or has been made [F34under section 29 of this Act, the local traffic authority may] make byelaws authorising the use of the road as a playground for children and making provision—

(a)with respect to the admission of children to the road when used as a playground;

(b)with respect to the safety of children so using the road and their protection from injury by vehicles using the road for access to premises situated on or adjacent to it or otherwise; and

(c)generally with respect to the proper management of the road when used as a playground for children.

(2)Byelaws under this section shall be subject to confirmation [F35by the Secretary of State].

Textual Amendments

F34Words in s. 31(1) substituted (1.11.1991) by New Roads and Street Works Act 1991 (c. 22, SIF 59, 108), s. 168(1), Sch. 8 para.38; which substitution is in force for Scotland only by S.I. 1991/2286, art. 2(2), Sch.2, and for England and Wales only by S.I. 1991/2288, art. 3,Sch.