Regulation 37 Modification of enactmentsI1

in subsection (3)(d) for “given notice under section 54 (advance notice of certain works) of his intention to execute street works” there were substituted “applied for a provisional advance authorisation for street works to be carried out”; and

subsections (5) to (7A) were omitted.

there were inserted after subsection (2) the following—

“(2ZA)

For the purpose of the definition of “a reasonable period” in subsection (2), the specification in a permit (including as a result of a variation of the permit) of a period as one during which specified works may be carried out in a specified street—

(a)

does not constitute agreement to a period by the authority and the undertaker, and

(b)

is to be disregarded on an arbitration.”; and

subsections (3) and (4) were omitted.

for “giving notice under section 55 (notice of starting date), or making a notification under paragraph 2(1)(d) of Schedule 3A (notification of proposed works),” there were substituted “submitting an application for a permit or for a provisional advance authorisation”, and

after “to the works”, there were inserted “or undertaking any works which are exempt from the requirement to be authorised by a permit”.

for “giving notice under section 55 (notice of starting date), or making a notification under paragraph 2(1)(d) of Schedule 3A (notification of proposed works),” there were substituted “submitting an application for a permit or for a provisional advance authorisation”, and

after “to the works”, there were inserted “or undertaking any works which are exempt from the requirement to be authorised by a permit”.

in subsection (2), for the words from “give the prescribed notice” to “under subsection (1) of that section”, there were substituted “send a copy of the application for a permit or for a provisional advance authorisation to the relevant transport authority at the same time as he sends the application to the Permit Authority”;

in subsection (5), for the words from “give notice” to “under subsection (2) of that section”, there were substituted “send a copy of the application for a permit or for a provisional advance authorisation to the relevant transport authority at the same time as he sends the application to the Permit Authority”; and

there were inserted after subsection (5) the following—

“(6)

An undertaker who fails to comply with subsection (2) or (5) commits an offence and is liable on summary conviction to a fine not exceeding level 4 on the standard scale.

(7)

In proceedings against a person for such an offence it is a defence for him to show that—

(a)

the failure was attributable to his not knowing the identity or address of a relevant transport authority, and

(b)

his ignorance was not due to any negligence on his part or to any failure to make inquiries which he ought reasonably to have made.”.

for paragraph 1, there were substituted—

“1.

This Schedule applies where a Permit Authority receives an application for a permit or for a provisional advance authorisation in respect of specified works in a specified street”;

in paragraph 2(1)(a) for “the proposed works” there were substituted “the works that are the subject of the application”;

in paragraph 2(1)(b), for “street works” there were substituted “specified works in the street to which the application relates”;

in paragraph 2(1)(c) for “highway” there were substituted “street”;

in paragraph 2(1)(d)—

in paragraph 2(4) for “highway”, in each place where that word occurs, there were substituted “street”;

in paragraph 2(4)(d), for the words from “given notice” to “street works” there were substituted “applied for a permit or a for provisional advance authorisation in respect of specified works”;

sub-paragraphs (5) and (6) of paragraph 2 were omitted;

paragraph 3 were omitted;

in paragraph 4(1) the words “and before completion of the works referred to in paragraph 3(1)(a) to (c)” were omitted;

in paragraph 4(2) for the words from “the execution” to the end there were substituted “the availability of permits in relation to the part of the street specified under paragraph 2(1)(c) for such period as may be specified in the direction”;

paragraph 4(4), (5) and (7) were omitted;

in paragraph 4(9) “ceases to have effect by virtue of sub-paragraph (7), or” were omitted; and

for paragraph 5 there were substituted—

“5

(1)

This paragraph applies where—

(a)

a direction under paragraph 4 has effect, and

(b)

an application for a permit, or for a provisional advance authorisation, relating to the part of the street to which the direction relates is made after the expiry of the notice period.

(2)

The Permit Authority shall, when considering the application have regard to—

(a)

whether the application could reasonably have been made during the notice period; and

(b)

the desirability of ensuring that specified works are not carried out in that street during the period specified in the direction.”.