Search Legislation

Traffic Management Act 2004

 Help about what version

What Version

 Help about advanced features

Advanced Features

Changes over time for: Cross Heading: Skips, scaffolding, building materials and excavations: charges for occupation of highway etc.

 Help about opening options

Alternative versions:

Status:

This version of this cross heading 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 currently no known outstanding effects for the Traffic Management Act 2004, Cross Heading: Skips, scaffolding, building materials and excavations: charges for occupation of highway etc.. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

Prospective

Skips, scaffolding, building materials and excavations: charges for occupation of highway etc.E+W

66Builders' skips: charge for occupation of highway for unreasonable periodE+W

For section 140A of the 1980 Act there is substituted—

140ABuilders' skips: charge for occupation of highway for unreasonable period

(1)The Secretary of State may make provision by regulations requiring the owner of a builder's skip deposited on a highway maintainable at the public expense to pay a charge to the highway authority where the period for which the skip remains in the highway exceeds—

(a)such period as may be prescribed, and

(b)a reasonable period.

(2)For this purpose “a reasonable period” means such period as is agreed by the authority and the owner of the skip to be reasonable or, in default of such agreement, is determined by arbitration to be reasonable in the circumstances.

(3)In default of agreement, the authority's view as to what is a reasonable period shall be acted upon pending the decision of the arbitrator.

(4)The regulations may prescribe exemptions from the requirement to pay charges.

(5)The regulations may provide—

(a)that in prescribed circumstances (including in particular where any person makes an application for permission under section 139) the owner of the skip shall give to the authority, in such manner and within such period as may be prescribed, notice containing an estimate of the likely duration of the occupation of the highway, and

(b)that the period stated in the notice shall be taken to be agreed by the authority to be reasonable unless the authority give notice, in such manner and within such period as may be prescribed, objecting to the estimate.

(6)The regulations may also provide—

(a)that in prescribed circumstances the owner of the skip shall give to the authority, in such manner and within such period as may be prescribed, notice containing a revised estimate of the likely duration of the occupation of the highway, and

(b)that upon the notice being given any previous agreement to or determination of a reasonable period ceases to have effect, and the period stated in the notice shall be taken to be agreed by the authority to be reasonable unless the authority give notice, in such manner and within such period as may be prescribed, objecting to the revised estimate.

(7)The amount of the charge shall be determined in such manner as may be prescribed by reference to the period for which the highway is occupied by the skip.

(8)The regulations may prescribe different rates of charge according to—

(a)the extent to which the skip occupies the highway;

(b)the place and time of the occupation;

(c)such other factors as appear to the Secretary of State to be relevant.

(9)The regulations may provide—

(a)that the authority are to set the rate of charge, up to a prescribed maximum, and

(b)that different rates of charge may be set according to such factors as the authority consider relevant.

(10)The regulations may make provision for the determination of the duration of the occupation of the highway for the purposes of the regulations.

(11)And they may, in particular, make provision for an occupation to be treated as beginning or ending on the giving of, or as stated in, a notice given by the owner of the skip to the authority, in the prescribed manner, in accordance with a requirement imposed by the regulations.

(12)The regulations may make provision requiring the owner of the skip to provide the authority, in such manner and within such period as may be prescribed, with such information as the authority may specify in a notice to that person, being information required for the purposes of—

(a)determining whether a charge is payable by him;

(b)calculating the amount of any charge payable by him.

(13)The regulations may make provision as to the time and manner of making payment of charges.

(14)The regulations shall provide that a highway authority may reduce the amount, or waive payment, of a charge—

(a)in any particular case,

(b)in such classes of case as they may decide or as may be prescribed, or

(c)in all cases or in all cases other than a particular case or such class of case as they may decide or as may be prescribed.

(15)The regulations may make provision as to—

(a)the application by local highway authorities of sums paid by way of charges, and

(b)the keeping of accounts, and the preparation and publication of statements of account, relating to sums paid by way of charges.

(16)The regulations may create in respect of any failure to give a notice, or to provide information, required by the regulations a criminal offence triable summarily and punishable with a fine not exceeding level 4 on the standard scale.

(17)The regulations may provide that where a skip is the subject of a prescribed description of hiring agreement or hire purchase agreement, the person in possession of the skip under the agreement is for the purposes of the regulations to be treated as the owner of the skip.

(18)The regulations may make provision about their application to a series of deposits of skips.

(19)And they may, in particular, provide that a series of deposits of skips is to be treated as a single deposit of a skip—

(a)beginning at the time the first in the series was deposited, and

(b)ending at the time the last in the series was removed.

(20)In this section—

  • “builder's skip“ has the meaning given by section 139(11);

  • prescribed” means prescribed by the Secretary of State by regulations, which may make different provision for different cases.

67Builders' skips: charge determined by reference to duration of occupation of highwayE+W

After section 140A of the 1980 Act there is inserted—

140BBuilders' skips: charge determined by reference to duration of occupation of highway

(1)The Secretary of State may make provision by regulations requiring the owner of a builder's skip deposited on a highway maintainable at the public expense to pay to the highway authority a charge determined, in the prescribed manner, by reference to the period for which the highway is occupied by the skip.

(2)The regulations shall not require charges to be paid to a local highway authority unless the Secretary of State has, by order, approved the authority for the purposes of the regulations.

(3)The regulations may require disputes of any prescribed description to be referred to an arbitrator appointed in accordance with the regulations.

(4)Subsections (4) and (8) to (20) of section 140A apply in relation to regulations under subsection (1) of this section as they apply in relation to regulations under subsection (1) of that section.

68Scaffolding, building materials and excavations: charge for occupation of highway for unreasonable periodE+W

For section 171A of the 1980 Act there is substituted—

171AScaffolding, building materials and excavations: charge for occupation of highway for unreasonable period

(1)The Secretary of State may make provision by regulations requiring a person who—

(a)erects a relevant structure on or over a highway maintainable at the public expense,

(b)deposits building materials, rubbish or other things in such a highway, or

(c)makes a temporary excavation in such a highway,

to pay a charge to the highway authority in the circumstances set out in subsection (3).

(2)The reference in subsection (1)(a) to the erection of a relevant structure is a reference to the erection, in connection with any building or demolition work or the alteration, repair, maintenance or cleaning of any building, of any scaffolding or other structure that obstructs the highway.

(3)The circumstances are that the period (in this section, the “relevant period”) for which—

(a)a relevant structure is on or over the highway,

(b)things are deposited in the highway, or (as the case may be)

(c)there is an excavation in the highway,

exceeds both the prescribed period and a reasonable period.

(4)For this purpose “a reasonable period” means such period as is agreed by the authority and the person to be reasonable or, in default of such agreement, is determined by arbitration to be reasonable in the circumstances.

(5)In default of agreement, the authority's view as to what is a reasonable period shall be acted upon pending the decision of the arbitrator.

(6)The regulations may prescribe exemptions from the requirement to pay charges.

(7)The regulations may provide—

(a)that in prescribed circumstances (including in particular where an application is made for a licence under section 169 or consent under section 171) a person who intends to do or who does an activity mentioned in subsection (1)(a) to (c) shall give to the authority, in such manner and within such period as may be prescribed, notice containing an estimate of the likely duration of the relevant period, and

(b)that the period stated in the notice shall be taken to be agreed by the authority to be reasonable unless the authority give notice, in such manner and within such period as may be prescribed, objecting to the estimate.

(8)The regulations may also provide—

(a)that in prescribed circumstances a person who has given a notice of a type mentioned in subsection (7) shall give to the authority, in such manner and within such period as may be prescribed, notice containing a revised estimate of the likely duration of the relevant period, and

(b)that upon the notice being given any previous agreement to or determination of a reasonable period ceases to have effect, and the period stated in the notice shall be taken to be agreed by the authority to be reasonable unless the authority give notice, in such manner and within such period as may be prescribed, objecting to the revised estimate.

(9)The amount of the charge shall be determined in such manner as may be prescribed by reference to the relevant period.

(10)The regulations may prescribe different rates of charge according to—

(a)the extent to which the highway is affected by the structure, things deposited or excavation;

(b)the place and time at which the highway is so affected;

(c)such other factors as appear to the Secretary of State to be relevant.

(11)The regulations may provide—

(a)that the authority are to set the rate of charge, up to a prescribed maximum, and

(b)that different rates of charge may be set according to such factors as the authority consider relevant.

(12)The regulations may make provision for the determination of the duration of the relevant period for the purposes of the regulations.

(13)And they may, in particular, make provision for the relevant period to be treated as beginning or ending on the giving of, or as stated in, a notice given by the person mentioned in subsection (1) to the authority, in the prescribed manner, in accordance with a requirement imposed by the regulations.

(14)The regulations may make provision requiring a person who does an activity mentioned in subsection (1)(a) to (c) to provide the authority, in such manner and within such period as may be prescribed, with such information as the authority may specify in a notice to that person, being information required for the purposes of—

(a)determining whether a charge is payable by him;

(b)calculating the amount of any charge payable by him.

(15)The regulations may make provision as to the time and manner of making payment of charges.

(16)The regulations shall provide that a highway authority may reduce the amount, or waive payment, of a charge—

(a)in any particular case,

(b)in such classes of case as they may decide or as may be prescribed, or

(c)in all cases or in all cases other than a particular case or such class of case as they may decide or as may be prescribed.

(17)The regulations may make provision as to—

(a)the application by local highway authorities of sums paid by way of charges, and

(b)the keeping of accounts, and the preparation and publication of statements of account, relating to sums paid by way of charges.

(18)The regulations may create in respect of any failure to give a notice, or to provide information, required by the regulations a criminal offence triable summarily and punishable with a fine not exceeding level 4 on the standard scale.

(19)The regulations may make provision about their application to a series of deposits of things.

(20)And they may, in particular, provide that a series of deposits of things is to be treated as a single deposit of things—

(a)beginning at the time the first in the series was deposited, and

(b)ending at the time the last in the series was removed.

(21)The regulations may make provision corresponding to that mentioned in subsections (19) and (20) in relation to the erection of relevant structures and the making of excavations.

(22)In this section “prescribed” means prescribed by the Secretary of State by regulations, which may make different provision for different cases.

69Scaffolding, building materials and excavations: charge determined by reference to duration of occupation of highwayE+W

After section 171A of the 1980 Act there is inserted—

171BScaffolding, building materials and excavations: charge determined by reference to duration of occupation of highway

(1)The Secretary of State may make provision by regulations requiring a person who—

(a)erects a relevant structure on or over a highway maintainable at the public expense,

(b)deposits building materials, rubbish or other things in such a highway, or

(c)makes a temporary excavation in such a highway,

to pay a charge to the highway authority.

(2)The reference in subsection (1)(a) to the erection of a relevant structure is a reference to the erection, in connection with any building or demolition work or the alteration, repair, maintenance or cleaning of any building, of any scaffolding or other structure that obstructs the highway.

(3)The charge shall be determined in the prescribed manner, by reference to the period (in this section, the “relevant period”) for which—

(a)a relevant structure is on or over the highway,

(b)things are deposited in the highway, or (as the case may be)

(c)there is an excavation in the highway.

(4)The regulations shall not require charges to be paid to a local highway authority unless the Secretary of State has, by order, approved the authority for the purposes of the regulations.

(5)The regulations may require disputes of any prescribed description to be referred to an arbitrator appointed in accordance with the regulations.

(6)Subsections (6) and (10) to (22) of section 171A apply in relation to regulations under subsection (1) of this section as they apply in relation to regulations under subsection (1) of that section.

70Sections 66 to 69: supplementaryE+W

(1)In section 139 of the 1980 Act, in subsection (11) for “, section 140 and section 140A” there is substituted “ and section 140 ”.

(2)After section 140B of that Act there is inserted—

140CRegulations under sections 140A and 140B

Nothing shall be taken to prevent the imposition of charges by both regulations under section 140A and regulations under section 140B in respect of the same builder's skip at the same time.

(3)After section 171B of that Act there is inserted—

171CRegulations under sections 171A and 171B

Nothing shall be taken to prevent the imposition of charges by both regulations under section 171A and regulations under section 171B in respect of the same structure, things or excavation at the same time.

(4)In section 325 of that Act (provisions as to regulations), in subsection (2A)—

(a)in paragraph (a), after “140A” there is inserted “ or 140B ”;

(b)for paragraphs (b) and (c) there is substituted—

(b)the first regulations for the purposes of section 171A or 171B as they apply in relation to the erection of relevant structures, or

(c)the first regulations for the purposes of section 171A or 171B as they apply in relation to the deposit of building materials, rubbish or other things and the making of temporary excavations,.

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?

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 enacted version 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

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

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