Request ID: FOI-0027-2425 Date published: 15 May 2024
You asked
In the below article it's mentioned
"The spokesperson pointed out that it is an offence to place apparatus on Ulez infrastructure without consent."
https://www.standard.co.uk/news/london/ulez-cameras-tfl-fixed-bat-boxes-sadiq-khan-b1147557.html
I would like to ask
What specific law(s) is the Spokesperson referring to?
Is it a criminal or civil offence?
If criminal how many police reports have been made about the bat boxes?
How many reports of the bat boxes on ULEZ infrastructure have you received?
How many of those reports are from members of the public and how many are from TFL staff?
Do you have any guidance or policies etc around dealing with the bat boxes?
We answered
Our Ref: FOI-0027-2425
Thank you for your request received on 3 April 2024 asking for information about the bat boxes placed on some Ultra Low Emission Zone (ULEZ) infrastructure. Your request has been considered in accordance with the requirements of the Environmental Information Regulations (EIR) and our information access policy. I can confirm that we hold some of the information you require. You asked: "The spokesperson pointed out that it is an offence to place apparatus on Ulez infrastructure without consent." https://www.standard.co.uk/news/london/ulez-cameras-tfl-fixed-bat-boxes-sadiq-khan-b1147557.html I would like to ask What specific law(s) is the Spokesperson referring to? It is an offence under the Highways Act 1980 to place apparatus over the highway without consent. Is it a criminal or civil offence? It is a criminal offence. If criminal how many police reports have been made about the bat boxes? We do not hold this information. Reports are made to the police. Please contact them directly for this information: https://www.met.police.uk/foi-ai/af/accessing-information/ How many reports of the bat boxes on ULEZ infrastructure have you received? In accordance with the EIR, we are not obliged to supply any of the information as it is subject to a statutory exception to the right of access to information under regulations R12(5)(a) – international relations, defence, national security & public safety (in this instance specifically public safety), regulation 12(5)(b) – the course of justice, the ability of a person to receive a fair trial or the ability of the public authority to conduct and inquiry of a criminal or disciplinary nature – (in this instance specifically the course of justice), and regulation 12(5)(e) – confidentially of commercial or industrial information where such confidentiality is provide by law to protect a legitimate economic interest.
We are working with environmental specialists to remove any boxes safely and legally.
If this is not the information you are looking for please do not hesitate to contact me. Please see the attached information sheet for details of your right to appeal.
Yours sincerely
Gemma Jacob Senior FOI Case Officer FOI Case Management Team General Counsel Transport for London
