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The Traffic Management Permit Scheme (Wales) Regulations 2009

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PART 7Registers

Duty to maintain register

33.—(1) The Permit Authority must create and maintain or cause to be created and maintained a register of permits in respect of any permit scheme submitted by it under section 33 of the 2004 Act that is in effect under section 34(4) of that Act.

(2) The register must contain the following information —

(a)the name of every specified street within that scheme; and

(b)whether such streets have been designated by the relevant street authority under section 61, 63 or 64 of the 1991 Act(1) as protected streets, streets with special engineering difficulties or traffic-sensitive streets;

and such other information in relation to the streets referred to in sub-paragraph (a) as the Permit Authority considers appropriate.

(3) The Permit Authority must cause to be entered in the register the provisions of —

(a)every permit (consolidated so as to incorporate any variations of the permit);

(b)every variation of a permit;

(c)every variation and revocation of permit conditions;

(d)every provisional advance authorisation;

(e)every application for a permit;

(f)every application for a variation of a permit;

(g)every application for a provisional advance authorisation;

(h)every refusal to grant a permit;

(i)every refusal to grant a variation of a permit;

(j)every refusal to grant a provisional advance authorisation;

(k)every permit, provisional advance authorisation, variation of a permit and variation to permit conditions deemed to have been granted under regulation 16; and

(l)every permit revocation;

relating to the permit scheme for which the register is maintained.

(4) The Permit Authority must also cause to be entered in the register —

(a)every notice and consent given under section 58(2) of the 1991 Act;

(b)every notice given under regulation 5 of the Street Works (Charges for Unreasonably Prolonged Occupation of the Highway) (Wales) Regulations 2009(3);

(c)every notice and direction given under Schedule 3A (restriction on works following substantial street works)(4) to the 1991 Act;

(d)a description and location of activities for all plans and sections and descriptions of works submitted under paragraph 2(2), 3 or 5 of Schedule 4 (streets with special engineering difficulties)(5) to the 1991 Act;

(e)every notice given under Schedule 4 to the 1991 Act;

(f)every street works licence granted under section 50(1) of the 1991 Act (including details of conditions attached to such a licence and every assignment of the benefit of such a licence);

(g)every notice given under section 70(3) or (4A) (duty of undertaker to reinstate)(6) of the 1991 Act;

(h)all information given under section 80(2) (duty to inform undertakers of location of apparatus)(7) of the 1991 Act; and

(i)every notice given under regulation 6(3) of the Street Works (Sharing of Costs of Works) (Wales) Regulations 2005(8);

relating to a specified street within that permit scheme.

(5) Two or more Permit Authorities may cause their registers to be combined.

Access to register

34.—(1) The Permit Authority must make the register available for inspection at all reasonable hours and free of charge —

(a)so far as it relates to restricted information, by any person having authority to execute works of any description in the street, or otherwise appearing to the authority to have a sufficient interest, and

(b)so far as it relates to information which is not restricted, by any person.

(2) For the purposes of paragraph (1), restricted information is —

(a)information certified by, or with the authorisation of, the Secretary of State as being restricted information for the purpose of safeguarding national security; or

(b)information certified by, or with the authorisation of, an undertaker as being restricted information because its disclosure would, or would be likely to, prejudice the commercial interests of that undertaker.

(1)

Section 64 was amended by the Road Traffic Act 1991 (c. 40), section 81 and Schedule 7, paragraph 12 and by the Traffic Management Act 2004, section 52(4).

(2)

Section 58 was amended by the Traffic Management Act 2004, sections 40 and 51 and Schedule 1.

(4)

Schedule 3A was inserted by the Traffic Management Act 2004, section 52(2) and Schedule 4.

(5)

Schedule 4 was amended by the Traffic Management Act 2004, sections 40 and Schedule 1; by the Communications Act 2003, section 406 and Schedule 17 paragraph 108 and Schedule 19 paragraph 1; and by the Water Consolidation (Consequential Provisions) Act 1991 (c. 60), section 2 and Schedule 1 paragraph 57.

(6)

Section 70 was amended by the Traffic Management Act 2004, sections 40 and 54(1) to (3).

(7)

Section 80 was amended by the Traffic Management Act 2004, sections 40 and Schedule 1. It is prospectively amended by section 47(1) to (6) of that Act.

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