The responsibilities and powers of various highways authorities are set out in the Highways Act 1980 (broadly covering the maintenance and improvement of the roads), the Road Traffic Regulation Act and Road Traffic Acts (managing the use of roads), and the New Roads and Street Works Act (managing works taking place in roads, in particular those by utility companies).

The Traffic Management Act 2004 (TMA) provided the legal basis for traffic officers who have powers relating to the management of traffic on the Highways Agency's roads, and gave additional powers and duties to local traffic authorities to increase their role in the practical management of their highways.  The Civil Contingencies Act 2004 delivered a single framework for civil protection in the UK, and draws particular relevance in this section in relation to weather emergencies.

Civil Contingencies Act 2004

The Civil Contingencies Act 2004, and accompanying non-legislative measures, delivers a single framework for civil protection in the United Kingdom capable of meeting the challenges of the twenty-first century. Its main objective is to shape how local authorities deal with major emergency incidents and major accident hazards in the future. The Act focuses on three types of threat:

• An event or situation which threatens serious damage to human welfare;
• An event or situation which threatens serious damage to the environment; or
• War, or terrorism, which threatens serious damage to security.

The Act is separated into two substantive parts: local arrangements for civil protection (Part 1) and emergency powers (Part 2). The Cabinet Office is reviewing Part 1 of the Civil Contingencies Act (Cabinet Office, 2011). Part 1 summarises the emergency procedures and establishes a clear set of roles and responsibilities for those involved in emergency preparation and response at the local level. The Act divides local responders into two categories, imposing a different set of duties on each. 

Part One:
The first part of this duty covers the local arrangements for civil protection, which divides local responders into two categories, imposing a different set of duties on each. Those in Category 1 are classified as the organisations at the core of the response to most emergencies (e.g. emergency services, local authorities, NHS bodies). Category 1 responders are subject to the full set of civil protection duties. They are required to:

• “Assess the risk of emergencies occurring and use this to inform contingency planning;
• Put in place emergency plans;
• Put in place Business Continuity Management arrangements;
• Put in place arrangements to make information available to the public about civil protection matters and maintain arrangements to warn, inform and advise the public in the event of an emergency;
• Share information with other local responders to enhance co-ordination;
• Co-operate with other local responders to enhance co-ordination and efficiency; and;
• Provide advice and assistance to businesses and voluntary organisations about business continuity management (Local Authorities only)”[1]

Category 2 organisations are classes as co-operating bodies, such as the Health and Safety Executive, transport and utility companies. These "co-operating bodies" are less likely to be involved in the heart of planning work but will be heavily involved in incidents that affect their sector. Category 2 responders have a lesser set of duties - co-operating and sharing relevant information with other Category 1 and 2 responders. Both category 1 and 2 responders will form Local Resilience Forums to co-operate and co-ordinate responses.

Part Two
Part two of the Civil Contingencies Act, updates the 1920 Emergency Powers Act to reflect the developments in the intervening years and the current and future risk profile.  It allows for the making of temporary special legislation (emergency regulations) to help deal with the most serious of emergencies.  The use of emergency powers is a last resort option and planning arrangements at the local level should not assume that emergency powers will be made available.  Their use is subject to a robust set of safeguards - they can only be deployed in exceptional circumstances. 

The Act introduces a range of other new features, mostly designed to ensure emergency powers cannot be misused and can be used in a more targeted and proportionate manner. The centre piece of these is the "triple lock", which ensures emergency powers will only be available if:

• An emergency that threatens serious damage to human welfare, the environment or security has occurred, is occurring or is about to occur;
• It is necessary to make provision urgently in order to resolve the emergency as existing powers are insufficient and it is not possible to bring forward a Bill in the usual way because of the need to act urgently; and
• Emergency regulations must be proportionate to the aspect or effect of the emergency they are directed at.

In addition emergency regulations:

• Cannot prohibit or enable the prohibition of participation in, or any activity in connection with, a strike or other industrial action;
• Cannot instigate any form of military conscription;
• Cannot alter any aspect of criminal procedures;
• Cannot create any new offence other than breach of the regulations themselves;
• Must be compatible with the Human Rights Act and EU law; and
• Are open to challenge in the courts.

Traffic Management Legislation in relation to utility works

There may be a time when highway authorities may seek to restrict utility works during expected or prolonged periods of adverse weather. Traffic Managers are advised that the New Roads and Streetworks Act 1991 (NSWRA), provides a legislative framework for street works activities by undertakers (including public utilities).   

The efficient co-ordination of street works is one of the most important aspects of street works legislation, benefiting street authorities, undertakers and road users alike [2]. The key objectives of NRSWA are to:

• Ensure safety;
• To minimise inconvenience to people using a street, including a specific reference to people with a disability, and;
• To protect the structure of the street and the apparatus in it.

The 1991 Act put the duty on Authorities responsible for streets to co-ordinate all works in the highway. Under this act ‘noticing’ is the method by which works promoters, including statutory undertakers such as utility companies, let the Highway Authority know that they are going to be working on the roads. Noticing has been in place for a number of years and has grown in sophistication[3]. All notices under the NRSWA identify the street that the notice relates to by using the National Streets Gazetteer (NSG). Each Street Authority is responsible for producing its own gazetteer of streets; the Highways Agency produces its own gazetteer called the Trunk Road Street Gazetteer (TRSG)².

The NRSWA may provide powers for Highway authorities to refuse permission for utility companies to conduct work if this was likely to coincide with prolonged periods of adverse weather.  Section 56 of the NRSWA details the powers available to highway authorities to give direction as to the timing of street works:

(1) If it appears to the street authority—
(a) that proposed street works are likely to cause serious disruption to traffic,
(b) that the disruption would be avoided or reduced if the works were carried out only at certain times,
the authority may give the undertaker such directions as may be appropriate as to the times when the works may or may not be carried out (NRSWA, 1991)

However, Street Authorities are urged to take caution when using this legislation and use their own judgement as to how they exercise section 56 of the NRSWA for each individual circumstance.

Traffic Management Act (2004)

The Traffic Management Act (2004) was enacted to make provision for and in connection with the designation of traffic officers and their duties; to make provision in relation to the management of road networks; to make new provision for regulating the carrying out of works and other activities in the street; to amend Part 3 of the New Roads and Street Works Act 1991 and Parts 9 and 14 of the Highways Act 1980; to make new provision in relation to the civil enforcement of traffic contraventions; to amend section 55 of the Road Traffic Regulation Act 1984; and for connected purposes. As stated in section 16 of the Traffic Management Act (2004),

(1) it is the duty of a local traffic authority to manage their road network with a view to achieving, so far as may be reasonably practicable having regard to their other obligations, policies and objectives, the following objectives—
(a)securing the expeditious movement of traffic on the authority's road network; and
(b)facilitating the expeditious movement of traffic on road networks for which another authority is the traffic authority

(2) The action which the authority may take in performing that duty includes, in particular, any action which they consider will contribute to securing—.
(a)the more efficient use of their road network; or.
(b)the avoidance, elimination or reduction of road congestion or other disruption to the movement of traffic on their road network or a road network for which another authority is the traffic authority;
and may involve the exercise of any power to regulate or co-ordinate the uses made of any road (or part of a road) in the road network (whether or not the power was conferred on them in their capacity as a traffic authority)(TMA, 2004).

However this act gives few actual powers in which to enable the authority to fulfil its general duties.

Traffic Management Act 2004 Code of Practice provides guidance intended to help a common approach to the operation of permit schemes. It follows the regulations and statutory guidance but goes beyond that in places, building on discussions in the Permits Working Group (who comprise of representatives from The Department for Transport, National Joint Utilities Group and local highway authorities) often paralleling the notices regime arrangements.

Legislation for Scotland

The Transport (Scotland) Act 2005 provides for the setting up and functions of new transport bodies and to enable the Scottish Ministers to discharge certain transport functions; to provide further for the control and co-ordination of road works and for the enforcement of the duties placed on those who carry them out. 

On behalf of the Scottish Ministers, Transport Scotland promotes road and traffic orders that provide the statutory authority to improve and maintain Scotland’s trunk roads.

Road travel warning messages

Transport Scotland working in partnership with the Scottish Police has developed a severe weather information strategy to warn and inform road users when significant disruption to the road network is expected during extreme weather.  The advice and information service will commence when severe weather is forecast within Scotland. Forecast information will be provided in advance and during of any severe weather event.

The travel advice will relate to three specific stages which will be adopted depending on the severity of the weather:  

Travel with caution- Police are advising people that conditions for road travel are hazardous and drivers should exercise extra caution

• High risk of diruption for road journeys- Police are advising that conditions for travel are extremely poor and there is a high risk of disruption for road journeys. Travellers are likely to experience significant delays 
• Avoid travelling on the roads- Police advise drivers to avoid travelling on the roads. Travellers will experience severe delays of several hours or more.

This advice will be provided to road users through Transport Scotland's network of Variable Message Signs, the Traffic Scotland website, radio travel information broadcasts and the Traffic Scotland Customer Careline to help them play their part during extreme weather events.