Explanatory note

These Regulations amend the Traffic Management Permit Scheme (England) Regulations 2007 (S.I. 2007/3372) (“the 2007 Regulations”). Following amendments to the Traffic Management Act 2004 (“the 2004 Act”) by the Deregulation Act 2015, this instrument makes consequential amendments to the 2007 Regulations. These amendments can be found in Regulations 4,5,6,7,11 and 13. The instrument also makes other amendments to the 2007 Regulations.

Regulation 3 amends regulation 2 of the 2007 Regulations. It inserts a new definition of “Guidance” and amends the definition of “Permit Authority” to reflect the creation of a strategic highways company under the Infrastructure Act 2015. It also provides a definition of “order” for the purposes of giving effect to, varying or revoking a permit scheme. It also inserts a definition of “traffic-sensitive street” and “traffic-sensitive time”.

Regulation 5 amends regulation 3 of the 2007 Regulations by making a change to the consultation process to widen those who must be consulted to include any person named in the Guidance.

Regulation 6 amends regulation 4 of the 2007 Regulations. It substitutes a new paragraph (1) into the 2007 Regulations and makes some changes to the factors which must be considered by a permit authority before giving effect to a permit scheme. There is also inserted a new paragraph (2) requiring that the Permit Authority confirms in the permit scheme compliance with both the 2007 Regulations and the Guidance.

Regulation 8 amends regulation 9 of the 2007 Regulations. It substitutes a new title to the regulation. It further substitutes a new paragraph (1) which requires that requests for a permit be made via electronic communication. New paragraphs (10) and (11) require that the grounds on which a permit can be refused are set out in the permit scheme and that a Permit Authority must grant a permit where the application meets the requirements for the scheme.

Regulation 9 amends regulation 10 of the 2007 Regulations. The types of conditions which can be attached to permits is now made exhaustive. A new paragraph (6) provides that where a Permit Authority wishes to impose a condition in a scheme it must use for the relevant type of condition the numbering and wording set out in the Guidance.

Regulation 10 inserts a new regulation 16A into the 2007 Regulations. This new regulation makes provision for the content and timing of permit scheme evaluations. This provides that permit schemes be evaluated following the first, second and third anniversary of the scheme’s commencement and then following every third anniversary. It also requires that the outcome of each evaluation be made available within three months.

Regulation 12 amends regulation 30 of the 2007 Regulations. This regulation inserts new paragraphs (1A), (3A) and (7) into regulation 30. Paragraph (1A) prevents a permit fee being charged in circumstances where a fee would fall due under the Street Works (Charges for Occupation of the Highway) England Regulations 2012 (lane rental provisions). Paragraph (3A) requires that discounts be offered for works in traffic-sensitive streets where those works take place wholly outside traffic-sensitive times. New paragraph (7) requires that where a permit is granted but then revoked by the Permit Authority before the works have commenced and that revocation is not the fault of the permit holder, any fee paid should be refunded.

Regulation 14 requires that by 1st October 2015 Permit Authorities must ensure that existing permit schemes are compliant with the 2007 Regulations, as amended by these Regulations. That obligation does not, however, require compliance with the obligations which a Permit Authority must comply with before a scheme comes into effect.

A full impact assessment of the effect that this instrument will have on the costs of business and the voluntary sector is annexed to the Explanatory Memorandum which is available alongside the instrument on www.legislation.gov.uk .