Search Legislation

Traffic Management Act 2004

What Version

 Help about what version

Advanced Features

 Help about advanced features

Status:

This version of this part contains provisions that are prospective. Help about Status

Close

Status

The term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section. A version of a provision is prospective either:

  1. where the provision (Part, Chapter or section) has never come into force or;
  2. where the text of the provision is subject to change, but no date has yet been appointed by the appropriate person or body for those changes to come into force.

Commencement Orders listed in the ‘Changes to Legislation’ box as not yet applied may bring this prospective version into force.

Changes to legislation:

There are outstanding changes not yet made by the legislation.gov.uk editorial team to Traffic Management Act 2004. Any changes that have already been made by the team appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

 Help about changes and effects
Close

Changes and effects

This section lists the changes and effects yet to be applied to the whole Act, associated Parts and Chapters where applicable. This includes any insertions of whole new Parts, Chapters or provisions yet to be inserted into this Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing.

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

Commencement Orders yet to be applied to the Traffic Management Act 2004

 Help about changes and effects
Close

Commencement Orders

This section lists the commencement orders yet to be applied to the whole Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing. Where applicable the commencement orders are listed under two headings, firstly those that bring some part of the Act you are viewing into force and secondly, those that bring into force legislation that affects some part of the legislation you are viewing. If you are viewing a prospective version or there is a prospective version available there may be commencement orders listed here that are relevant to the provision you are viewing.

Commencement Orders bringing provisions within this Act into force:

Commencement Orders bringing legislation that affects this Act into force:

Prospective

Part 3 E+WPermit Schemes

32Meaning 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.

33Preparation of permit schemesE+W

(1)A local highway authority, or two or more such authorities acting together, may prepare and submit to the appropriate national authority a permit scheme.

(2)The appropriate national authority may direct a local highway authority, or two or more such authorities acting together, to prepare and submit to the national authority a permit scheme which takes such form as the national authority 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.

34Implementation of local highway authority permit schemesE+W

(1)This section applies where a permit scheme is prepared and submitted to the appropriate national authority (“the authority”) in accordance with section 33(1) or (2).

(2)The authority may approve the scheme with or without modifications.

(3)Where it approves 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 the authority by order gives 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.

35Implementation of other permit schemesE+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.

36Variation and revocation of permit schemesE+W

(1)The appropriate national authority may by order vary or revoke any permit scheme which for the time being has effect.

(2)An order under this section—

(a)may relate to one or more permit schemes,

(b)may vary or revoke any order under section 34 or 35, or any order previously made under this section,

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

37Permit regulationsE+W

(1)The appropriate national authority may by regulations (“permit regulations”) make provision with respect to the content, preparation, submission, approval, operation, variation or revocation of permit schemes.

(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.

(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).

38Crown applicationE+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.

39Interpretation of Part 3E+W

(1)In this Part—

  • the appropriate national authority” means—

    (a)

    the Secretary of State, as respects England, and

    (b)

    the National Assembly for Wales, 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;

  • 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 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.

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enactedversion that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources