Birmingham Council Contract Schedule 29 Statutory Functions

linked to Birmingham City Council FoIA re Kier Highways 

Schedule 29
Statutory Functions
General
1. In order for the Contractor to carry out the services which relate to the Authority’s statutory duties as Highway Authority and Streetworks Authority (and any other services relating to the Authority’s duties as the responsible authority, transport authority, traffic authority and bridge authority), the Client has followed the necessary procedures contained within their agreement with the Authority, to enable the Authority to provide the delegations set out within this schedule to the Contractor.
2. The delegations set out in the sections below are subject to any limitations specified within the tables and to any further limitations specified within the text below.
Functions conferred by the 1980 Act or any regulations under any provision of the 1980 Act
3. Subject to paragraphs 6 and 7 of this schedule, functions conferred on the Authority as Highway Authority for a highway in relation to that highway or to highway connected land, by or under any of the following provisions of the 1980 Act listed in the section numbers (subject to any limitation on such delegations specified):

Section No. Section Description Limitation on Delegation
Section 41(1)

& Section 41 (1A)

(Highway Authority’s duty to maintain highway maintainable at public expense).
Section 62 (General          power of improvement). The carrying out of improvements is subject to the approval of the Authority in accordance with paragraph 30.
Section 64 (Dual   carriageways   and roundabouts). The carrying out of construction and works is subject to the approval of the Authority in accordance with paragraph 30.
Section 66 (Provision of footways and guard-rails etc. for publicly maintainable highways). The carrying out of works is subject to the approval of the Authority in accordance with paragraph 30.
Section 68 (Refuges). The carrying out of construction and works is subject to the approval of the Authority in accordance with paragraph 30.
Section 69(1) (Highway Authority’s powers to construct, light, etc. subways). The carrying out of construction or works to a subway is subject to the approval of the Authority in accordance with paragraph 30.
Section 70 (Footbridges over highways). The carrying out of construction or works to a footbridge is subject to the approval of the Authority in accordance with paragraph 30.
Section 71 (Margins          for        horses             and livestock).
Section No. Section Description Limitation on Delegation
Section 75(1) and

(2)

(Highway Authority’s powers to vary widths of carriageways and footways). The carrying out of the function is subject to the approval of the Authority in accordance with paragraph 30.
Section 76 (Levelling of highways). The carrying out of the function is subject to the approval of the Authority in accordance with paragraph 30.
Section 77 (Alteration of levels). The carrying out of the function is subject to the approval of the Authority in accordance with paragraph 30.
Section 78 (Cutting off of corners). The carrying out of the function is subject to the approval of the Authority in accordance with paragraph 30.
Section 80(1), (2), and (3) (Power to fence highways). Any erection, alteration or removal of posts and fences is subject to the approval of the Authority in accordance with paragraph 30.
Section 81 (Provision of highway boundary posts). Any erection, alteration or removal of highway posts or stones is subject to the approval of the Authority in accordance with paragraph 30.
Section 84 (Maintenance of cattle-grids and by-passes).
Section 90 (Protection      of         bridges             and railways). Any exercise of the function is subject to the approval of the Authority in accordance with paragraph 30.
Section 90G (Traffic calming works). Any construction is subject to the approval of the Authority in accordance with paragraph 30.
Section 92 (Reconstruction of bridge maintainable at public expense). Any exercise of the function is subject to the approval of the Authority in accordance with paragraph 30.
Section 96 (Powers of highway and local authorities to plant trees, lay out grass verges etc.).
Section 97 (Lighting of highways).
Section 99 (Metalling of highways). Any exercise of the function is subject to the approval of the Authority in accordance with paragraph 30.
Section 100(1), (2),

(3), (4), (5) and (6)

(Highway Authority’s powers and duties relating to drainage of highways) except insofar as they relate to the power to enter premises under section 168 of the Water Industry Act 1991 (entry for works purposes). Any construction or works is subject to the approval of the Authority in accordance with paragraph 30.
Section 101(1), (2),

(3), (4), (5), and (6)

(Power to fill in roadside ditches etc.). The performance of any works is subject to the approval of the Authority in accordance with paragraph 30.
Section No. Section Description Limitation on Delegation
Section 102(1), (2) and (3) (Provision of works for protecting highways against hazards of nature). The performance of any works is subject to the approval of the Authority in accordance with paragraph 30.
Section 103 (Provision of posts to indicate depth of flood water). Any performance of the function is subject to the approval of the Authority in accordance with paragraph 30.
Section 114 (Provision of public conveniences by county council for users of roads for which they are the Highway Authority). Any exercise of the function is subject to the approval of the Authority in accordance with paragraph 30.
Section 133 (Damage to footways of streets by excavations).
Section 139(1) and

(2)

(Prohibition on deposit of builders’ skips without permission of the Highway

Authority).

Section 140(2) (Removal of builders’ skips).
Section 141(2) (Highway Authority’s power by notice to require removal of tree or shrub in or near carriageway).
Section 144(4)(b) Power of Local Authority to erect flag poles on the highway
Section 150(1), (2) and (4) (Highway Authority’s duty to remove snow, soil etc. from highway) except insofar as they relate to an obstruction in a highway which is the property of any person.
Section 167(2), (5) and (6) (Consultation with Highway Authority and local authority’s power to give notices in relation to retaining walls near streets).
Section 169(1), (2),

(3) and (4)

(Power of Highway Authority to license, and give directions in relation to, scaffolding or other structures obstructing the highway).
Section 171 (Control of deposit of building materials and making of excavations in streets) except insofar as functions conferred by or under section 171(7) relate to the removal of property of any person.)
Section 178(1) (Prohibition on placing rails, beams etc. over highways without consent of the Highway Authority).

4. Subject to paragraphs 6 and 7 of this schedule, functions conferred on a local Highway Authority by or under Section 288 of the 1980 Act (power to require gas and water pipes to be moved) insofar as that provision applies to the exercise of any other function listed in this schedule provided that the exercise of the function is subject to the approval of the Authority in accordance with paragraph 30.
5. Subject to paragraphs 6 and 7 of this schedule, functions conferred on a local Highway Authority as competent authority, by virtue of its being a Highway Authority for a highway, by or under any of the following provisions of the 1980 Act listed in the section numbers subject to any limitation on such delegations specified:

Section No. Section Description Limitation on Delegation
Section 143(1) (Competent authority’s power to give notice requiring removal of structures from highways).  
Section        154(1)

and (2)

(Competent authority’s power to give notice requiring removal of overhanging hedge, tree or shrub).  
Section 185 (Competent authority’s power to install etc. refuse or storage bins in streets). Delegation only of function to provide and maintain bins or other receptacles for the storage of sand, grit and other materials.

 

6. Paragraphs 3 to 5 of this schedule shall not include:
a. any functions conferred by or under section 294 of the 1980 Act (entry etc., of premises by Highway Authority or Authority for certain purposes); or
b. any function to the extent that the function confers a power or right of entry into or on any premises or land of which the local Highway Authority is not the owner or occupier.
7. Where section 338 or 339 of the 1980 Act (saving for works, etc., of dock, harbour and canal undertakers and saving for works etc. of drainage authorities etc.) applies to the exercise of any functions listed in paragraphs 3 to 5 of this schedule, those functions shall be construed as including any additional requirements imposed by those sections.
8. Functions conferred on a local Highway Authority as Highway Authority for a highway by or under the following provisions of the Walkway Regulations 1973 listed in the regulation numbers subject to any limitation on such delegation specified:

Regulation Regulation Description Limitation on Delegation
Regulation 3(1) (Prohibition on exercise of certain powers conferred on Highway Authority in relation to walkways without consent of building owner). Any exercise of the function is subject to the approval of the Authority in accordance with paragraph 30.
Regulation 4(1) (Prohibition on placing etc. of apparatus of statutory undertakers without consent of Highway Authority and building owner).  
Regulation 5(3) (Prohibition on temporary closure of walkway until expiry of a specified period from the date of notice to the Highway Authority and others).  
Regulation 6 (Stopping up of walkway by building owner).  

Functions conferred by NRSWA or regulations under any provisions of
NRSWA
9. Functions conferred on the Authority as Streetworks Authority by or under any of the following provisions of NRSWA:
a. Section 53 (the street works register);
b. Section 54(1), (4), (4A) and (4B) (advance notice of certain works);
c. Section 55(1), (4) and (8) (notice of starting date of works);
d. Section 56(1), (1A) and (4) (Power to give directions as to the timing of street works);
e. Section 57(2) (Notice of emergency street works);
f. Section 58 (restriction on works following substantial road works);
g. Section 58A and Schedule 3A, paragraphs 1(1), 2(1) and (4), 3(1) and 4(1), (6), (8), (9), and (10) and 5(2)(b) and (3) (restrictions on works following substantial street works);
h. Section 59 (general duty of Streetworks Authority to co-ordinate works);
i. Section 60(1) (general duty of undertakers to co-operate);
j. Section 61 (protected streets) except for sub-paragraph (b) in the second paragraph of sub-section (1);
k. Section 65(5) (safety measures);
l. Section 66(3) and (4) (avoidance of any unnecessary delay or obstruction);
m. Section 68(1) (facilities to be afforded to Streetworks Authority);
n. Section 70(3) and (4A) (Duty of undertaker to reinstate);
o. Section 72 (powers of Streetworks Authority in relation to reinstatement);
p. Section 75 (inspection fees);
q. Section 81 (duty to maintain apparatus);
r. Section 82(1) (Liability for damage or loss caused);
s. Section 87(4) (Prospectively maintainable highways); and
t. Section 94(1) and (2) (power of Streetworks Authority or District Council to undertake street works).
10. Functions conferred on the Authority as traffic authority by or under Section 65(2) of NRSWA (Statutory Undertaker to comply with directions given by Traffic Authority).
11. Functions conferred on the Authority as a relevant authority other than a Streetworks Authority by or under the following provisions of NRSWA:
a. Section 81 (duty to maintain apparatus) and
b. Section 82(1) (liability for damage or loss caused).
12. Functions conferred on the Authority as Highway Authority or as bridge authority for a bridge by or under the following provisions of NRSWA:
a. Section 83 (Works for Road Purposes likely to affect apparatus in the street);
b. Section 84(1), (3) and (4) (measures necessary where Apparatus affected by major works);
c. Section 85(1) and (3) of NRSWA (sharing cost of necessary measures); and
d. Section 88(4) and (5) (bridges, bridge authorities and related matters).
13. Functions conferred on the Authority as responsible authority by or under Section 90 of NRSWA (provisions as to reinstatement of sewers, drains or tunnels).
14. Functions conferred on the Authority as Streetworks Authority for a street by or under Regulation 3 of the Street Works (Inspection Fees) (England) Regulations 2002 (SI 2002/2092) (undertaker required to pay the Streetworks Authority a fee for each chargeable inspection carried out by the Streetworks Authority in England).
15. Functions conferred on the Authority as Streetworks Authority by or under Regulation 3 of the Street Works (Reinstatement) Regulation 1992 (SI 1992/1689), (Streetworks Authority’s power to give notice affecting the standard of reinstatement required).
16. Functions conferred on the Authority as Highway Authority or as bridge authority by or under any provision of the Street Works (Sharing of Cost of Works) (England) Regulations 2000 (SI 2000/3314).
17. Functions conferred on the Authority as Streetworks Authority for a street under Regulation 3 and 4 of the Street Works (Maintenance) Regulations 1992 (SI 1992/1691) (Streetworks Authority’s power to execute works to enable it to inspect Statutory Undertaker’s apparatus and to execute any emergency works needed).
18. Functions conferred on the Authority as Streetworks Authority or as Highway Authority or as bridge authority by or under any of the following provisions of the Street Works (Registers, Notices, Directions and Designations) (England) Regulations 2007 (SI 2007/1951).
a. Regulation 4(4) and (5) (street works register);
b. Regulation 6 (manner of service of notices);
c. Regulation 7 (manner of service of copy notices);
d. Regulation 9(1), (2) and (3) (notice of starting date of works);
e. Regulation 10(1) and (2) (procedure for giving directions under Section 56 or 56A);
f. Regulation 11(3), (5) and (9) (restriction on works following substantial road works);
g. Regulation 12(3), (4) and (7) (restrictions on works following substantial street works);
h. Regulation 14(3) (designation of streets as protected);
i. Regulation 15(3) (designation of streets as having special engineering difficulties); and
j. Regulation 16(6) (designation of streets as traffic sensitive).
19. Functions conferred on the Authority as Highway Authority for a street under the Street Works Register (Registration Fees) Regulations 1999 (SI 1999/1048.) (undertaker to pay the appropriate highway authorities a fee on the registration of prescribed information).
20. Functions conferred on the Authority as the Streetworks Authority for a street in England under Regulation 5(1) or (6) of the Street Works (Fixed Penalty) (England) Regulations 2007 (SI 2007/1952) (Manner of service of a fixed penalty notice or a notice withdrawing a fixed penalty notice).
21. Functions conferred on the Authority for a highway under any provision of the Street Works (Charges for Unreasonably Prolonged Occupation of the Highway (England) Regulations 2001 (SI 2001/1281).
a. Regulation 4 (notices);
b. Regulation 5(1) (prescribed charges and prescribed periods);
c. Regulation 6 (estimates of duration of works); and
d. Regulation 7 (further and revised estimates of duration of works).
Functions conferred by miscellaneous enactments
22. Functions conferred on the Authority as Highway Authority for a highway by or under Section 153 of the Public Health Act 1875 (power to require gas and water pipes to be moved) provided that the exercise of the function is subject to the approval of the Authority in accordance with paragraph 30.
23. Functions conferred on the Authority as Highway Authority for a highway by or under Section 14 of the Public Health Act 1925 (public drinking fountains, seats, etc. in streets).
24. Functions conferred on the Authority by or under Section 5(1) and (2) of the Local Government (Miscellaneous Provisions) Act 1953 (consents to exercise of powers under section 4 (provision of omnibus shelters etc.)).
25. Functions conferred on the Authority under section 5(1) and (2) of the Parish Councils Act 1957 (provisions as to consents and access).
26. Functions conferred on the Authority as Highway Authority for a highway by or under the following provisions of the Public Health Act 1961:
a. Section 45 (attachment of street lamps to buildings); and
b. Section 81 (summary recovery of damages for negligence).
27. Functions conferred on the Authority by or under Section 5(6) of, and Schedule 1 to, the Litter Act 1983 (litter bins in England and Wales).
28. Functions conferred on the Authority as Highway Authority for a highway by or under Section 72(1) of the Road Traffic Regulation Act 1984 (powers exercisable by parish or community councils).
29. Functions conferred on the Authority as Highway Authority for a highway by or under Sections 4 and 5(1) (compensation) of the Cycle Tracks Act 1984 (provision of barriers in cycle tracks etc.).
Approval of the Authority
30. Where approval of the Authority is required under this schedule in order to exercise a function such approval shall be sought by the Contractor from the Authority’s Representative and in instances where approval is granted, confirmation shall be in writing from the Authority’s Representative.