PART XHighways

21Prosecution for offences relating to works in street

(1)

In section 30 of the M1Public Utilities Street Works Act 1950 (enforcement)—

(a)

in subsection (2), for the words " Proceedings for the enforcement of" there shall be substituted the words " Subject to subsection (2A) of this section, proceedings for an offence under "; and

(b)

the following subsection shall be inserted after that subsection—

“(2A)

A constable may take proceedings for an offence under section 8 of this Act without the consent of the Attorney General.”.

(2)

In section 312 of the M2Highways Act 1980 (restriction on institution of proceedings)—

(a)

in subsection (1), for the word " Proceedings" there shall be substituted the words " Subject to subsection (3) below, proceedings "; and

(b)

the following subsection shall be inserted after subsection (2)—

“(3)

A constable may take proceedings—

(a)

for an offence under paragraph (b) of section 171(6) above; or

(b)

for an offence under paragraph (c) of that subsection consisting of failure to perform a duty imposed by section 171(5)(a) above ; or

(c)

for an offence under section 174 above,

without the consent of the Attorney General.”.