Search Legislation

High Speed Rail (London - West Midlands) Act 2017

Status:

This is the original version (as it was originally enacted).

Section 36

SCHEDULE 26Lorries

This schedule has no associated Explanatory Notes

Lorry ban orders

1(1)In this Schedule “lorry ban order” means—

(a)the Greater London (Restriction of Goods Vehicles) Traffic Order 1985, or

(b)any other order made at any time under section 1, 6, 9 or 14 of the Road Traffic Regulation Act 1984 which to any extent imposes—

(i)a prohibition or restriction on the use of heavy commercial vehicles, or any class of such vehicles, in an area, zone or place, or on a road, specified in the order, or

(ii)a requirement that heavy commercial vehicles, or any class of such vehicles, use a specified through route.

(2)The reference in sub-paragraph (1)(b)(i) to a prohibition or restriction on the use of heavy commercial vehicles on a road does not include a prohibition or restriction on their use on part of the width of a road.

(3)It is immaterial for the purposes of sub-paragraph (1)(b) whether the prohibition, restriction or requirement is subject to exceptions.

(4)This paragraph applies in relation to a lorry ban order made by the Secretary of State or a strategic highways company only if the Secretary of State or the strategic highways company consents (and consent may be subject to conditions).

Required provision in lorry ban orders

2(1)If a lorry ban order referred to in paragraph 1(1)(b) does not contain the required provision, it is to be treated as if it did.

(2)The required provision is provision to the effect that—

(a)a person proposing to use heavy commercial vehicles in connection with authorised works in a way which would otherwise constitute a breach of the prohibition, restriction or requirement referred to in paragraph 1(1)(b) may apply for the issue of a permit in respect of that use, and

(b)the use authorised by such a permit does not constitute a breach of the prohibition, restriction or requirement.

Issue of emergency permits

3(1)This paragraph applies where a person proposes to undertake a journey before the end of the next complete eight working days, being a journey—

(a)proposed to be undertaken in connection with the carrying out of authorised works, and

(b)for which a permit under a lorry ban order is required if the prohibition, restriction or requirement is not to be breached.

(2)The person may apply for a permit under the lorry ban order for the journey by giving the details mentioned in sub-paragraph (3), by telephone or by electronic means, to the authority responsible for dealing with permits under the order.

(3)The details referred to above are—

(a)the identity of the applicant,

(b)how the applicant may be contacted by telephone or by electronic means,

(c)the registration number of the vehicle to which the application relates,

(d)the authorised works in connection with which the journey is to be undertaken,

(e)whether any approved arrangements are relevant to the application and, if so, what they are,

(f)the date when the journey is proposed to be undertaken,

(g)in the case of an order made otherwise than by the Secretary of State or a strategic highways company, whether it is proposed to stop in the relevant area for delivery or collection purposes and, if so, the place or places and time or times at which it is proposed to do so, and

(h)in the case of an order made by the Secretary of State or a strategic highways company, such details of the place or places and time or times at which it is proposed to stop for delivery or collection purposes as may be set out in conditions attaching to consent given under paragraph 1(4).

(4)In sub-paragraph (3)(g) “relevant area” means—

(a)Greater London, if the area, zone, place or road specified in the order is in Greater London, and

(b)the area of the traffic authority, in any other case.

4(1)An authority responsible for dealing with permits under a lorry ban order must make arrangements enabling applications under paragraph 3 to be made at any time.

(2)Once an application for a permit has been made under paragraph 3, then, for the purpose of any relevant journey, the application is to be treated as granted subject to such conditions as the Secretary of State may by order specify.

(3)A journey is a relevant journey for the purposes of sub-paragraph (2) if it is begun before the authority to which the application is made has communicated its decision on the application to the applicant by the means specified by the application under paragraph 3(3)(b).

(4)The power to make an order under sub-paragraph (2) includes—

(a)power to make different provision for different cases, and

(b)power to make an order varying or revoking any order previously made under that provision.

Grant of applications for permit

5(1)This paragraph applies where an application for the issue of a permit under a lorry ban order—

(a)is made under paragraph 3, or

(b)is otherwise expressed to be made in connection with the carrying out of authorised works.

(2)The application must be granted if the issue of a permit is reasonably required—

(a)for the purpose of enabling authorised works to be carried out in a timely and efficient manner, or

(b)for the purpose of enabling authorised works to be carried out in accordance with approved arrangements.

(3)If the application is granted, no condition may be imposed which is likely to obstruct the carrying out of authorised works—

(a)in a timely and efficient manner, or

(b)in accordance with approved arrangements.

(4)An applicant aggrieved by a decision under sub-paragraph (2) or (3) may appeal to the Secretary of State by giving notice of the appeal to—

(a)the Secretary of State, and

(b)the authority whose decision is appealed against,

within 28 days of notification of the decision.

(5)On an appeal under sub-paragraph (4), the Secretary of State may allow or dismiss the appeal or vary the decision of the authority whose decision is appealed against.

(6)If, on an appeal under sub-paragraph (4) against a decision under sub-paragraph (3), the Secretary of State varies the decision, the variation has effect from and including the date on which the appeal was constituted or such later date as the Secretary of State may specify.

(7)The applicant may not challenge a decision under sub-paragraph (3) otherwise than by an appeal under sub-paragraph (4).

Supplementary interpretation

6(1)In this Schedule—

  • “approved arrangements” means arrangements approved for the purposes of paragraph 6 of Schedule 17;

  • “authorised works” means works authorised by this Act;

  • “electronic means” includes email and the internet;

  • “heavy commercial vehicle” has the same meaning as in the Road Traffic Regulation Act 1984 (see section 138 of that Act);

  • “traffic authority” has the same meaning as in the Road Traffic Regulation Act 1984 (see section 121A of that Act);

  • “working day” means any day which is not a Saturday or Sunday, Christmas Day, Good Friday or a bank holiday in England and Wales under the Banking and Financial Dealings Act 1971.

(2)In this Schedule references to the issuing of a permit include the giving of any consent.

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?

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 Schedules only

The Schedules 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

Show Explanatory Notes for Sections: Displays relevant parts of the explanatory notes interweaved within the legislation content.

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

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