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Statutory Instruments
Highways, England
Made
18th May 2012
Coming into force
11th June 2012
The Secretary of State for Transport makes this Order in exercise of the powers conferred by section 74A(2) of the New Roads and Street Works Act 1991(1).
1. This Order may be cited as the Street Works (Charges for Occupation of the Highway) (Transport for London) Order 2012 and comes into force on 11th June 2012.
2. The Secretary of State approves Transport for London for the purpose of requiring charges to be paid under the Street Works (Charges for Occupation of the Highway) (England) Regulations 2012(2) in accordance with the Transport for London Lane Rental Scheme which was submitted to the Secretary of State on 26th January 2012 and approved by her.
Signed by authority of the Secretary of State for Transport
Norman Baker
Parliamentary Under Secretary of State
Department for Transport
18th May 2012
(This note is not part of the Order)
This Order provides approval for Transport for London to enable it to require the payment of charges in accordance with the Transport for London Lane Rental Scheme (“the Scheme”) for certain street works carried out in the highway.
The requirement to pay charges to an Approved Authority is set out in the Street Works (Charges for Occupation of the Highway) (England) Regulations 2012 (“the 2012 Regulations”).
The Scheme, which has been submitted to and approved by the Secretary of State, is designed to control the carrying out of works in specified traffic sensitive locations at traffic sensitive times. This will be achieved by requiring the payment of a charge, in accordance with the 2012 Regulations, for each day that the street is occupied by the works. Transport for London may reduce or waive the daily charge, particularly if the works take place outside traffic sensitive times and the Scheme contains guidance as to the exercise of this discretion.
A copy of the Scheme can be inspected at the offices of Transport for London, Windsor House, 6th Floor, 42-50 Victoria Street, London SW1H 0TL. It is also available on the Transport for London website at www.tfl.gov.uk.
1991 c.22. Section 74A was inserted by the Transport Act 2000 (c.38), section 255 and amended by the Traffic Management Act 2004 (c.18), section 40. The functions of the Secretary of State under sections 74A and 104 are, so far as exercisable in relation to Wales, vested in the Welsh Ministers. Those functions were transferred to the National Assembly for Wales by the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I 1999/672), article 2, Schedule 1. By virtue of paragraphs 30 and 32 of Schedule 11 to the Government of Wales Act 2006 (c.32), they were transferred to the Welsh Ministers.
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