Traffic Management Act 2004

Traffic Management Act 2004

2004 CHAPTER 18

Commentary on Sections

Part 3: Permit schemes

Section 37: Permit regulations

73. Section 37 enables the appropriate national authority to issue permit regulations which make provision with respect to the content, preparation, submission, approval, operation, variation or revocation of permit schemes.

74. Subsection (2) enables the regulations to provide for certain standard provisions to apply in relation to permit schemes.

75. Subsection (3) enables regulations to make provision in relation to the matters mentioned in section 33(2), including, for example, provision as to the types of conditions that can be attached to a permit. Subsection (3)(b) enables the regulations to make provision for the purpose of limiting the streets, or type of streets, which may be subject to a permit scheme.

76. Subsection (4) enables the regulations to make further provision, including:

• the criteria which permit scheme operators have to take into account in deciding whether to issue a permit, with or without conditions, or in considering whether to review or vary a permit;

• provision for the determination of disputes or to enable the facilitation of the determination of disputes (including provision as to mediation, representations, hearings, arbitration and adjudication if appropriate). Connected matters such as costs could also be provided for, as well as provision for the appointment of persons to make or facilitate the determination of disputes.

• conferring a right of appeal (including provision for persons to hear appeals);

• the creation of one or more criminal offences (attracting a maximum fine of £5,000 on summary conviction) in connection with permits.

77. Subsection (5) provides that regulations made under subsection (4) require the consent of the Lord Chancellor before they can be made in cases where the regulations make provision for or in connection with adjudication.

78. Subsection (6) provides that regulations may provide for the introduction of fixed penalty notices in relation to any of the criminal offences which are created under the regulations.

79. Subsection (7) enables the regulations to make provision for the payment of fees in connection with one or more specified stages of the permitting process, including an application for the issue of a permit.

80. Subsection (8) enables the regulations to make further provision in relation to the payment of fees, including cases where fees are not payable, provision for the repayment of fees, what those fees should be and what use permit scheme operators can make of any sums raised through fees.

81. Subsection (9) requires that the national authority, in making regulations in relation to permit fees, must try to ensure that the fees payable by users of the schemes do not exceed certain costs. The costs may prescribed by the national authority, and these could include, for instance, costs in connection with issuing permits, keeping a register of permits and enforcement measures for schemes, such as inspectors.

82. Subsection (10)enables the national authority to make use of estimates of costs when it makes an assessment of the level of costs to authorities of operating a permit scheme. These estimates may include the average costs to authorities or to particular descriptions of authority.

83. Subsection (11) enables the regulations to require registers to be kept with information on permits and to make provision in connection with the access to information contained in such a register, and for the keeping of accounts in relation to permit schemes.

84. Subsection (12) enables the regulations to provide for cases in which a highway authority, or two or more highway authorities acting together, can prepare a permit scheme in respect of streets for which they are not the highway authority.

85. Subsection (13) enables the regulations to modify or disapply enactments in connection with permit schemes.