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Local authorities This Practice Note identifies which local authorities may authorise and regulate on-street parking, stressing that the competence is confined to roads and requires the consent of the highway authority or any other person charged with maintaining the road. It also sets out how councils can impose charges for designated on-street parking places, including through parking meters and other parking devices. At common law, leaving a vehicle on a highway constitutes an obstruction of the public right of passage, yet stopping has always been permitted for loading and unloading, and (for reasonable periods) during meal breaks or where there is mechanical breakdown. In any case, it is arguably not a genuine obstruction (ie not a nuisance at common law) if there is ample space for traffic to pass the parked vehicle. The Road Traffic Regulation Acts addressed this by authorising certain local authorities to allow on-street parking. With permission came regulation and, in turn, parking charges. Outside Greater London, the bodies empowered to permit and control on-street...
This Practice Note offers a high-level overview of the Private Finance Initiative (PFI), outlining what PFI entails, how a standard PFI project is put together, and its core features. It also covers PFI’s successor, ‘PF2’. In the 2018 Budget, delivered on 29 October 2018, the government stated that PF2 will not be used for new projects. Even so, existing PFI and PF2 schemes will continue, and, given the usual lifespan of these arrangements, they are likely to run for many years. What is PFI? PFI is a way to procure the design, construction and operation of public services and public sector infrastructure such as hospitals, schools, leisure facilities, social housing, waste management, emergency services, defence, roads and highways, social care and prisons. Introduced in 1992 by the Conservative government and later keenly adopted by their Labour successors, it was regarded as a mechanism for moving public projects off the national balance sheet while partnering with the private sector to deliver schemes with substantial up-front capital costs that, under...
Abandon Describes a situation where the contractor halts performing the works for an extended, uninterrupted span of days (eg 20 business days) or for a greater aggregate of non-consecutive days (eg 60 business days) across the project’s duration or within a stated timeframe (eg 12 months), doing so wilfully and without justification at any stage of delivery or execution. Abandonment is ordinarily treated as a contractor default, enabling the Authority to terminate the Project Agreement and/or permitting Project Co to end the construction contract immediately for cause. Acceptance Tests Tests carried out to confirm whether the facility (or another project asset) achieves the standards required for the Authority to deem facility complete and accept it. Access Protocol The protocol that Project Co must follow in order to obtain access to the buildings forming part of the project at any time during the term. For instance, on a social housing scheme or a school, prerequisites would have to be satisfied by Project Co before...