Traffic Management Act 2004

Part 3 E+W Permit Schemes

Modifications etc. (not altering text)

C1 Pt. 3 excluded (23.2.2017) by High Speed Rail (London - West Midlands) Act 2017 (c. 7), s. 70(1), Sch. 24 para. 3

C2 Pt. 3 applied (with modifications) (8.5.2017) by The West Midlands Combined Authority (Functions and Amendment) Order 2017 (S.I. 2017/510), arts. 1(2), 8(4), Sch. 2

32 Meaning of “permit scheme” E+W

(1) Any reference in this Part to a permit scheme is a reference to a scheme which is designed to control the carrying out of specified works in specified streets in a specified area.

(2) A permit scheme may (in particular) include provision—

(a) for or in connection with requiring a permit to be obtained before specified works are carried out (including provision as to the persons who are required to obtain permits),

(b) for or in connection with the issue of permits (including provision with respect to applications for permits, provision for cases in which there is to be an entitlement to the issue of a permit and provision with respect to cases in which permits are to be deemed to be issued),

(c) as to cases in which specified works may be carried out without a permit,

(d) for or in connection with the imposition of conditions which are to apply in relation to the carrying out of specified works (including provision for or in connection with the attachment of such conditions to permits),

(e) for or in connection with the review or variation of permits or such conditions (including provision with respect to applications for such variations).

(3) In this section “specified” means specified, or of a description specified, in a permit scheme.

Modifications etc. (not altering text)

C3 Ss. 32-39 applied by SI 2014/2384, arts. 10(4A), 11(5A), 16(2A) (as inserted (17.3.2015) by The Thames Water Utilities Limited (Thames Tideway Tunnel) (Correction) Order 2015 (S.I. 2015/723), art. 1, Sch. Table 2)

Commencement Information

I1 S. 32 in force at 1.12.2007 for E. by S.I. 2007/3184, art. 2

I2 S. 32 in force at 31.3.2008 for W. by S.I. 2007/3174, art. 2, Sch.

33 Preparation of permit schemes E+W

[F1 (1) A permit scheme may be prepared by—

(a) a strategic highways company,

(b) a local highway authority in England, or

(c) such a company or authority acting together with one or more other such companies or authorities.

(1A) A local highway authority in Wales, or two or more such authorities acting together, may prepare and submit to the Welsh Ministers a permit scheme.]

[F2 (2) The Secretary of State may direct—

(a) a strategic highways company,

(b) a local highway authority in England, or

(c) such a company or authority acting together with one or more other such companies or authorities,

to prepare and give effect to a permit scheme which takes such form as the Secretary of State may direct.

(2A) The Welsh Ministers may direct a local highway authority in Wales, or two or more such authorities acting together, to prepare and submit to them a permit scheme which takes such form as the Welsh Ministers may direct.]

(3) The appropriate national authority, in its capacity as a highway authority, may prepare a permit scheme.

(4) The Secretary of State, in his capacity as the person with responsibility for the management and control of streets in the Royal Parks, may prepare a permit scheme in respect of any such streets.

(5) Those preparing permit schemes—

(a) must comply with permit regulations, and

(b) must have regard to any guidance which may be issued by the appropriate national authority.

Textual Amendments

F1 S. 33(1)(1A) substituted for s. 33(1) (26.3.2015 for specified purposes, 30.6.2015 in so far as not already in force) by Deregulation Act 2015 (c. 20), s. 115(2)(e), Sch. 10 para. 5(2); S.I. 2015/994, art. 9(b)

F2 S. 33(2)(2A) substituted for s. 33(2) (26.3.2015 for specified purposes, 30.6.2015 in so far as not already in force) by Deregulation Act 2015 (c. 20), s. 115(2)(e), Sch. 10 para. 5(3); S.I. 2015/994, art. 9(b)

Modifications etc. (not altering text)

C3 Ss. 32-39 applied by SI 2014/2384, arts. 10(4A), 11(5A), 16(2A) (as inserted (17.3.2015) by The Thames Water Utilities Limited (Thames Tideway Tunnel) (Correction) Order 2015 (S.I. 2015/723), art. 1, Sch. Table 2)

C4 S. 33 functions made exercisable concurrently (8.5.2017) by The West Midlands Combined Authority (Functions and Amendment) Order 2017 (S.I. 2017/510), arts. 1(2), 8(1)(3)

Commencement Information

I3 S. 33 in force at 31.3.2008 for W. by S.I. 2007/3174, art. 2, Sch.

I4 S. 33 in force at 1.4.2008 for E. by S.I. 2007/3184, art. 3

[F3 33A Implementation of permit schemes of strategic highway companies and local highway authorities in England E+W

(1) This section applies to a permit scheme prepared in accordance with section 33(1) or (2) by—

(a) a strategic highways company,

(b) a local highway authority in England, or

(c) such a company or authority acting together with one or more other such companies or authorities.

(2) The scheme shall not have effect in the area of a participating authority unless the authority gives effect to it by order.

(3) For the purposes of subsection (2) a local highway authority or a strategic highways company is a “participating authority” in relation to a permit scheme if it is the highway authority for any of the streets in which the scheme is to control the carrying out of works.

(4) An order under subsection (2)—

(a) must set out the scheme and specify the date on which the scheme is to come into effect, and

(b) may (in accordance with permit regulations) include provisions which disapply or modify enactments to the extent specified in the order.]

Textual Amendments

F3 S. 33A inserted (26.3.2015 for specified purposes, 30.6.2015 in so far as not already in force) by Deregulation Act 2015 (c. 20), s. 115(2)(e), Sch. 10 para. 6; S.I. 2015/994, art. 9(b)

Modifications etc. (not altering text)

C5 S. 33A functions made exercisable concurrently (8.5.2017) by The West Midlands Combined Authority (Functions and Amendment) Order 2017 (S.I. 2017/510), arts. 1(2), 8(1)(3)

34 Implementation of local highway authority permit schemes[F4 : Wales] E+W

(1) This section applies where a permit scheme is prepared[F5 by a local highway authority in Wales] and submitted to [F6 Welsh Ministers] in accordance with section [F7 33(1A) or (2A)].

(2) The [F8 Welsh Ministers] may approve the scheme with or without modifications.

(3) Where [F9 the Welsh Ministers approve] the scheme with modifications, references in subsections (4) and (5) to the scheme are to be read as references to the scheme as so modified.

(4) The scheme shall not have effect unless [F10 the Welsh Ministers by order give] effect to it.

(5) An order under subsection (4)—

(a) must set out the scheme and specify the date on which the scheme is to come into effect, and

(b) may (in accordance with permit regulations) include provisions which disapply or modify enactments to the extent specified in the order.

Textual Amendments

F4 Word in s. 34 inserted (26.3.2015 for specified purposes, 30.6.2015 in so far as not already in force) by Deregulation Act 2015 (c. 20), s. 115(2)(e), Sch. 10 para. 7(6); S.I. 2015/994, art. 9(b)

F5 Words in s. 34(1) inserted (26.3.2015 for specified purposes, 30.6.2015 in so far as not already in force) by Deregulation Act 2015 (c. 20), s. 115(2)(e), Sch. 10 para. 7(2)(a); S.I. 2015/994, art. 9(b)

F6 Words in s. 34(1) substituted (26.3.2015 for specified purposes, 30.6.2015 in so far as not already in force) by Deregulation Act 2015 (c. 20), s. 115(2)(e), Sch. 10 para. 7(2)(b); S.I. 2015/994, art. 9(b)

F7 Words in s. 34(1) substituted (26.3.2015 for specified purposes, 30.6.2015 in so far as not already in force) by Deregulation Act 2015 (c. 20), s. 115(2)(e), Sch. 10 para. 7(2)(c); S.I. 2015/994, art. 9(b)

F8 Words in s. 34(2) substituted (26.3.2015 for specified purposes, 30.6.2015 in so far as not already in force) by Deregulation Act 2015 (c. 20), s. 115(2)(e), Sch. 10 para. 7(3); S.I. 2015/994, art. 9(b)

F9 Words in s. 34(3) substituted (26.3.2015 for specified purposes, 30.6.2015 in so far as not already in force) by Deregulation Act 2015 (c. 20), s. 115(2)(e), Sch. 10 para. 7(4); S.I. 2015/994, art. 9(b)

F10 Words in s. 34(4) substituted (26.3.2015 for specified purposes, 30.6.2015 in so far as not already in force) by Deregulation Act 2015 (c. 20), s. 115(2)(e), Sch. 10 para. 7(5) (with Sch. 10 para. 11); S.I. 2015/994, art. 9(b)

Modifications etc. (not altering text)

C3 Ss. 32-39 applied by SI 2014/2384, arts. 10(4A), 11(5A), 16(2A) (as inserted (17.3.2015) by The Thames Water Utilities Limited (Thames Tideway Tunnel) (Correction) Order 2015 (S.I. 2015/723), art. 1, Sch. Table 2)

Commencement Information

I5 S. 34 in force at 31.3.2008 for W. by S.I. 2007/3174, art. 2, Sch.

I6 S. 34 in force at 1.4.2008 for E. by S.I. 2007/3184, art. 3

35 Implementation of other permit schemes E+W

(1) This section applies where a permit scheme is prepared in accordance with section 33(3) or (4).

(2) The scheme shall not have effect unless the appropriate national authority by order gives effect to it.

(3) An order under subsection (2)—

(a) must set out the scheme and specify the date on which the scheme is to come into effect, and

(b) may (in accordance with permit regulations) include provisions which disapply or modify enactments to the extent specified in the order.

Modifications etc. (not altering text)

C3 Ss. 32-39 applied by SI 2014/2384, arts. 10(4A), 11(5A), 16(2A) (as inserted (17.3.2015) by The Thames Water Utilities Limited (Thames Tideway Tunnel) (Correction) Order 2015 (S.I. 2015/723), art. 1, Sch. Table 2)

Commencement Information

I7 S. 35 in force at 31.3.2008 for W. by S.I. 2007/3174, art. 2, Sch.

I8 S. 35 in force at 1.4.2008 for E. by S.I. 2007/3184, art. 3

[F11 36 Variation and revocation of permit schemes E+W

(1) A local highway authority in England may by order vary or revoke a permit scheme to the extent that it has effect in the area of the authority by virtue of an order made by the authority under section 33A(2).

(2) The Secretary of State may direct a local highway authority in England to vary or revoke a permit scheme by an order under subsection (1).

(3) An order made by a local highway authority under subsection (1) may vary or revoke an order made by the authority under section 33A(2), or an order previously made by the authority under subsection (1).

(4) A strategic highways company may by order vary or revoke a permit scheme to the extent that it has effect, by virtue of an order made by the company under section 33A(2), in the area in respect of which the company is appointed.

(5) The Secretary of State may direct a strategic highways company to vary or revoke a permit scheme by an order under subsection (4).

(6) An order made by a strategic highways company under subsection (4) may vary or revoke an order made by the company under section 33A(2), or an order previously made by the company under subsection (4).

(7) The Welsh Ministers may by order vary or revoke any permit scheme which for the time being has effect by virtue of an order made by them under section 34(4) or 35(2).

(8) An order under subsection (7) may vary or revoke an order made by the Welsh Ministers under section 34(4) or 35(2), or an order previously made under subsection (7).

(9) The Secretary of State may by order vary or revoke any permit scheme which for the time being has effect by virtue of an order made by the Secretary of State under section 35(2).

(10) An order under subsection (9) may vary or revoke an order made by the Secretary of State under section 35(2), or an order previously made under subsection (9).

(11) An order under subsection (7) or (9) may relate to one or more permit schemes.

(12) An order under this section may (in accordance with permit regulations) include provisions which disapply or modify enactments to the extent specified in the order.]

Textual Amendments

F11 S. 36 substituted (26.3.2015 for specified purposes, 30.6.2015 in so far as not already in force) by Deregulation Act 2015 (c. 20), s. 115(2)(e), Sch. 10 para. 8; S.I. 2015/994, art. 9(b)

Modifications etc. (not altering text)

C6 S. 36 functions made exercisable concurrently (8.5.2017) by The West Midlands Combined Authority (Functions and Amendment) Order 2017 (S.I. 2017/510), arts. 1(2), 8(1)(3)

37 Permit regulations E+W

(1) The [F12 Secretary of State] may by regulations (“permit regulations”) make provision with respect to the content, preparation, F13 ... operation, variation or revocation of permit schemes[F14 prepared by local highway authorities in England or strategic highways companies under section 33(1) or (2) or by the Secretary of State under section 33(3) or (4)].

[F15 (1A) The Welsh Ministers may by regulations (“permit regulations”) make provision with respect to the content, preparation, submission, approval, operation, variation or revocation of permit schemes prepared by local highway authorities in Wales under section 33(1A) or (2A) or by the Welsh Ministers under section 33(3).]

(2) Permit regulations may—

(a) set out procedural provisions with which those preparing permit schemes must comply,

(b) set out standard provisions which may or must be included in a permit scheme,

(c) make provision as to the publicity to be given to permit schemes.

(3) Permit regulations may make provision—

(a) with respect to any of the matters mentioned in section 32(2) (including provision as to the conditions or types of conditions which may be imposed by virtue of section 32(2)(d)),

(b) for the purpose of limiting the streets, or type of streets, which may be the subject of a permit scheme.

[F16 (3A) Permit regulations made by the Secretary of State may impose requirements for the purpose of securing that permit schemes are kept under review.]

(4) Permit regulations may make provision—

(a) as to the criteria to be taken into account in the case of decisions with respect to the issue, review or variation of permits or decisions with respect to the imposition, review or variation of conditions,

(b) for or in connection with the determination, or facilitating the determination, of disputes (including provision with respect to the appointment of persons to determine, or facilitate the determination of, disputes),

(c) for or in connection with appeals (including provision with respect to the appointment of persons to hear appeals),

(d) as to the action which may be taken if works are carried out without a permit or if any conditions are not complied with,

(e) for or in connection with the creation, in prescribed cases (including prescribed cases where works are carried out without a permit or in breach of any conditions), of a criminal offence triable summarily and punishable with a fine not exceeding level 5 on the standard scale,

(f) for or in connection with excluding or limiting the liability of prescribed undertakers in prescribed cases.

(5) Provision under subsection (4) in respect of adjudication may not be made without the consent of the Lord Chancellor.

(6) Permit regulations may make provision for or in connection with the giving of fixed penalty notices (including, in particular, provision applying Schedule 4B to the New Roads and Street Works Act 1991 (c. 22), with or without modifications) in relation to any offence created by permit regulations.

(7) Permit regulations may make provision for or in connection with the payment of a fee in respect of any one or more of the following—

(a) an application for a permit,

(b) the issue of a permit,

(c) an application for the variation of a permit or the conditions attached to a permit,

(d) the variation of a permit or the conditions attached to a permit.

(8) Provision made under subsection (7) may include provision as to—

(a) the amount or maximum amount of any fee,

(b) cases in which fees are not to be payable or are to be repaid,

(c) cases in which fees may be discounted,

(d) the time and manner of making payment of fees,

(e) the application of sums paid by way of fees.

(9) In making provision under subsection (7), the appropriate national authority must try to ensure, so far as is reasonably practicable, that the fees payable in connection with permit schemes do not exceed such costs in connection with permit schemes as may be prescribed.

(10) For the purposes of subsection (9), the national authority may rely on such estimates (including estimates with respect to the average costs of highway authorities or particular descriptions of highway authority) as the national authority thinks fit.

(11) Permit regulations may make provision—

(a) for or in connection with the creation and maintenance of registers of permits,

(b) with respect to access to information contained in any such registers (including provision restricting such access),

(c) with respect to the keeping of accounts, and the preparation and publication of statements of account, relating to permit schemes.

(12) Permit regulations may make provision for or in connection with permitting a highway authority, or two or more such authorities acting together, to prepare a permit scheme in respect of streets in a particular area which are maintainable highways notwithstanding that the authority, or those authorities, are not the highway authority for all or any of those streets.

(13) Permit regulations may set out provisions—

(a) which disapply or modify enactments, and

(b) which are to or may apply in the case of permit schemes.

(14) Nothing in subsections (2) to (13) is to be taken as affecting the generality of subsection (1).

Textual Amendments

F12 Words in s. 37(1) substituted (26.3.2015 for specified purposes, 30.6.2015 in so far as not already in force) by Deregulation Act 2015 (c. 20), s. 115(2)(e), Sch. 10 para. 9(2)(a); S.I. 2015/994, art. 9(b)

F13 Words in s. 37(1) omitted (26.3.2015 for specified purposes, 30.6.2015 in so far as not already in force) by virtue of Deregulation Act 2015 (c. 20), s. 115(2)(e), Sch. 10 para. 9(2)(b); S.I. 2015/994, art. 9(b)

F14 Words in s. 37(1) inserted (26.3.2015 for specified purposes, 30.6.2015 in so far as not already in force) by Deregulation Act 2015 (c. 20), s. 115(2)(e), Sch. 10 para. 9(2)(c); S.I. 2015/994, art. 9(b)

F15 S. 37(1A) inserted (26.3.2015 for specified purposes, 30.6.2015 in so far as not already in force) by Deregulation Act 2015 (c. 20), s. 115(2)(e), Sch. 10 para. 9(3); S.I. 2015/994, art. 9(b)

F16 S. 37(3A) inserted (26.3.2015 for specified purposes, 30.6.2015 in so far as not already in force) by Deregulation Act 2015 (c. 20), s. 115(2)(e), Sch. 10 para. 9(4); S.I. 2015/994, art. 9(b)

Modifications etc. (not altering text)

C3 Ss. 32-39 applied by SI 2014/2384, arts. 10(4A), 11(5A), 16(2A) (as inserted (17.3.2015) by The Thames Water Utilities Limited (Thames Tideway Tunnel) (Correction) Order 2015 (S.I. 2015/723), art. 1, Sch. Table 2)

Commencement Information

I9 S. 37 in force at 1.12.2007 for E. by S.I. 2007/3184, art. 2

I10 S. 37 in force at 31.3.2008 for W. by S.I. 2007/3174, art. 2, Sch.

38 Crown application E+W

(1) This Part and any provisions made under it bind the Crown (but do not affect Her Majesty in her private capacity or in right of Her Duchy of Lancaster or the Duke of Cornwall).

(2) Nothing in subsection (1) is to be construed as authorising the bringing of proceedings for a criminal offence against a person acting on behalf of the Crown.

Modifications etc. (not altering text)

C3 Ss. 32-39 applied by SI 2014/2384, arts. 10(4A), 11(5A), 16(2A) (as inserted (17.3.2015) by The Thames Water Utilities Limited (Thames Tideway Tunnel) (Correction) Order 2015 (S.I. 2015/723), art. 1, Sch. Table 2)

Commencement Information

I11 S. 38 in force at 31.3.2008 for W. by S.I. 2007/3174, art. 2, Sch.

I12 S. 38 in force at 1.4.2008 for E. by S.I. 2007/3184, art. 3

39 Interpretation of Part 3 E+W

(1) In this Part—

• “the appropriate national authority” means—

  (a)

  the Secretary of State, as respects England, and

  (b)

  the [F17 Welsh Ministers], as respects Wales;

• “condition” is to be construed in accordance with section 32(2);

• “enactment” includes an enactment comprised in subordinate legislation (within the meaning of the Interpretation Act 1978 (c. 30));

• “fixed penalty notice” means a notice offering a person the opportunity of discharging any liability to conviction for an offence by payment of a penalty;

• “highway authority” and “local highway authority” have the same meaning as in the Highways Act 1980 (c. 66);

• “maintainable highway” has the same meaning as in Part 3 of the New Roads and Street Works Act 1991 (c. 22);

• “permit” is to be construed in accordance with section 32(2);

• “permit scheme” is to be construed in accordance with section 32;

• “permit regulations” is to be construed in accordance with section 37;

• “prescribed” means prescribed, or of a description prescribed, by regulations made by the appropriate national authority;

• “Royal Park” means any park to which the Parks Regulation Act 1872 (c. 15) applies (see sections 1 and 3 of the Parks Regulation (Amendment) Act 1926 (c. 36));

• “street” means a street (within the meaning of Part 3 of the New Roads and Street Works Act 1991)—

  (a)

  which is a maintainable highway, or

  (b)

  which is situated in a Royal Park;

• “street works” has the meaning given by section 48(3) of the New Roads and Street Works Act 1991;

• [F18 “strategic highways company” means a company for the time being appointed under Part 1 of the Infrastructure Act 2015;]

• “undertaker” has the same meaning as in Part 3 of that Act;

• “works” means—

  (a)

  prescribed street works, and

  (b)

  such other works or activities as may be prescribed,

  but activities may not be prescribed under paragraph (b) unless they are, or correspond to, activities which are regulated or controlled by the Highways Act 1980.

(2) An order or regulations under this Part—

(a) may make different provision for different cases or different areas,

(b) may include incidental, supplemental, consequential or transitional provision or savings.

(3) A power[F19 of the Secretary of State or the Welsh Ministers] to make an order or regulations under this Part is exercisable by statutory instrument.

(4) The first permit regulations may not be made by the Secretary of State unless a draft of them has been laid before and approved by a resolution of each House of Parliament.

(5) Subject to that, a statutory instrument containing regulations under this Part made by the Secretary of State is subject to annulment in pursuance of a resolution of either House of Parliament.

[F20 (6) A statutory instrument containing regulations under this Part made by the Welsh Ministers is subject to annulment in pursuance of a resolution of the National Assembly for Wales.]

Textual Amendments

F17 Words in s. 39(1) substituted (26.3.2015 for specified purposes, 30.6.2015 in so far as not already in force) by Deregulation Act 2015 (c. 20), s. 115(2)(e), Sch. 10 para. 10(2)(a); S.I. 2015/994, art. 9(b)

F18 Words in s. 39(1) inserted (26.3.2015 for specified purposes, 30.6.2015 in so far as not already in force) by Deregulation Act 2015 (c. 20), s. 115(2)(e), Sch. 10 para. 10(2)(b); S.I. 2015/994, art. 9(b)

F19 Words in s. 39(3) inserted (26.3.2015 for specified purposes, 30.6.2015 in so far as not already in force) by Deregulation Act 2015 (c. 20), s. 115(2)(e), Sch. 10 para. 10(3); S.I. 2015/994, art. 9(b)

F20 S. 39(6) inserted (26.3.2015 for specified purposes, 30.6.2015 in so far as not already in force) by Deregulation Act 2015 (c. 20), s. 115(2)(e), Sch. 10 para. 10(4); S.I. 2015/994, art. 9(b)

Modifications etc. (not altering text)

C3 Ss. 32-39 applied by SI 2014/2384, arts. 10(4A), 11(5A), 16(2A) (as inserted (17.3.2015) by The Thames Water Utilities Limited (Thames Tideway Tunnel) (Correction) Order 2015 (S.I. 2015/723), art. 1, Sch. Table 2)

Commencement Information

I13 S. 39 in force at 1.12.2007 for E. by S.I. 2007/3184, art. 2

I14 S. 39 in force at 31.3.2008 for W. by S.I. 2007/3174, art. 2, Sch.