Statutory Instruments
ROAD TRAFFIC
Made
4th July 1989
Laid before Parliament
7th July 1989
Coming into force
28th July 1989
The Secretary of State for Transport and the Secretary of State for Wales, in exercise of their powers under sections 30(6) and 124 of and Part III of Schedule 9 to the Road Traffic Regulation Act 1984(1) ("the 1984 Act"), section 8 of and Schedule 5, paragraph 7 to the Local Government Act 1985(2) and of all other enabling powers, after consultation with representative organisations in accordance with section 134(2) of the 1984 Act, and after consultation in accordance with paragraph 23 of Schedule 9 to the 1984 Act, hereby make the following Regulations:-“
1.-(1) These Regulations may be cited as the Local Authorities' Traffic Orders (Procedure) (England and Wales) Regulations 1989 and shall come into force on 28th July 1989.
(2) The Greater London Street Playground (Procedures) Regulations 1972(3), the Local Authorities' Traffic Orders (Procedure) (England and Wales) Regulations 1986(4), the Control of Parking in Goods Vehicle Loading Areas Orders (Procedure) (England and Wales) Regulations 1986(5) and the London Authorities' Traffic Orders (Procedure) Regulations 1986(6) are hereby revoked.
(3) Paragraph (2) has effect subject to Part VI of these Regulations (transitional provisions).
2.-(1) In these Regulations, unless the context otherwise requires-“
"the 1984 Act" means the Road Traffic Regulation Act 1984;
"the 1985 Act" means the Local Government Act 1985;
"Crown road" and "appropriate Crown authority" have the meanings given by section 131(7) of the 1984 Act;
"fire authority", in relation to any road or other place, means the authority discharging in the area in which the road or other place is situated the functions of fire authority under the Fire Services Act 1947(7);
"local authority" means-“
the council of a county, district or a London borough;
the Common Council of the City of London;
the Council of the Isles of Scilly;
a parish or community council;
"local service" has the meaning given by section 2 of the Transport Act 1985(8);
"London authority" means the council of a London borough or the Common Council of the City of London;
"metropolitan authority" means the council of a metropolitan district;
"order making authority", in relation to any order, means the authority that has made it or is proposing to make it;
"public service vehicle" has the meaning given by section 1 of the Public Passenger Vehicles Act 1981(9);
"road" includes any length of road and any part of the width of a road and, in relation to an order under section 6 of the 1984 Act, any length of a street as defined in sub-section (6) of that section and any part of the width of such a street.
(2) A reference in these Regulations to an order is a reference to an order or a proposed order, as appropriate; and, in the case of a proposed order, any reference to the effect of the order (however expressed) is a reference to the effect that the proposed order would have were it to be made.
(3) Any reference in these Regulations to an order under any particular section of the 1984 Act includes-“
(a)a reference to an order varying or revoking an order made, or having effect as if made, under that section, and
(b)in relation to the variation or revocation of an order, or to the application of the provisions of an order, a reference to an order having effect as if made under that section.
(4) Without prejudice to paragraph (3) of this regulation, any reference in these Regulations to the variation or revocation of an order under section 46 or 49 of the 1984 Act, or to the application of the provisions of an order under either of those sections, shall include a reference to the variation or revocation, or (as the case may be) to the application of the provisions, of an order which has been continued in operation by virtue of paragraph 11(1) of Schedule 10 to the 1984 Act.
(5) Any reference in these Regulations to a numbered regulation or Schedule is a reference to the regulation or Schedule bearing that number in the Regulations except where otherwise expressly provided.
3.-(1) These Regulations apply to orders made or proposed to be made by a local authority under or by virtue of any of the following provisions of the 1984 Act, that is to say, sections 1, 6, 9, 19, 29, 30, 32, 35, 37, 38, 45, 46, 49(2) and (4), 61, 83(2) and 84.
(2) Except where otherwise stated, these Regulations apply to an order under any of the above-mentioned provisions of the 1984 Act made or proposed to be made by a local authority in pursuance of a direction of the Secretary of State under Part I of Schedule 9 to the 1984 Act in the same way as they apply to an order or proposed order in relation to which no such direction has been given.
4. This Part of these Regulations has effect subject to Parts IV and V of these Regulations (which contain provisions relating to particular orders and orders made in particular circumstances) and Part VI of these Regulations (which contains transitional provisions).
5.-(1) Before making an order an order making authority shall-“
(a)where they are not the highway authority for any road to which the order relates, consult with the highway authority for that road,
(b)where the order relates to a Crown road, consult with the appropriate Crown authority for that road,
(c)where-“
(i)they are a highway authority, and
(ii)the order would be likely to have direct effect on traffic or any class of traffic on any road for the maintenance of which another highway authority is responsible,
consult that other highway authority;
(d)in all cases, consult with organisations representing persons who use any road to which the order relates or are likely to be otherwise affected by any provisions of the order, unless it appears to the order making authority that there is no such organisation which can appropriately be consulted.
(2) The consultations referred to in paragraph (1) of this regulation are additional to the consultation with the chief officer of police required by paragraph 20 of Schedule 9 to the 1984 Act, any other consultation required by that Act, and the consultation required of London and metropolitan authorities by paragraph 6(3)(c) of Schedule 5 to the 1985 Act.
6.-(1) Before making an order, the order making authority shall-“
(a)publish once at least in a local newspaper circulating in the area in which any road or other place to which the order relates is situated a notice of proposals containing the particulars specified in Part I of Schedule 1;
(b)publish a similar notice in the London Gazette;
(c)if it appears to the authority that it would be desirable in the interests of giving adequate publicity to the order, comply with the relevant requirements of Part II of Schedule 2 as to the notices to be displayed in each road or other place to which the order relates;
(d)comply with the relevant requirements of Schedule 3 as to the availability of documents for inspection.
(2) At the same time as they comply with the requirements of paragraph (1) of this regulation, the authority shall send copies of the particulars mentioned in sub-paragraph (a) of that paragraph to each person whom they are required to consult under paragraph 6(3)(c) of Schedule 5 to the 1985 Act or regulation 5(1)(c).
7.-(1) Any person desiring to object to an order shall send to the address specified in the notice of proposals published under regulation 6 a written statement of his objection and the grounds on which it is made.
(2) The statement shall be sent to that address on or before-“
(a)the date specified in the notice of proposals published under regulation 6, or
(b)the expiration of 21 days after the order making authority have complied with regulation 6(1)(a), (1)(b) and (2),
whichever is the later.
(3) Where an order making authority is a London or metropolitan authority, any objection under this regulation by any other such authority shall state whether or not it is alleged that the order would have any direct effect on traffic or any class of traffic on any road other than a trunk road in the area of that authority.
8.-(1) Before making an order the order making authority may hold a public inquiry in connection with that order.
(2) Where-“
(a)an order contains a provision to which this paragraph applies,
(b)an objection has been made to that provision by any person in accordance with regulation 7 or 29, and
(c)the objection has not been withdrawn,
the order making authority shall, unless they are satisfied that the objection is frivolous, hold a public inquiry.
(3) Where-“
(a)an order contains a provision to which this paragraph applies,
(b)an objection has been made by a person who provides a relevant service on any road to which the order relates, and
(c)the objection has not been withdrawn,
the order making authority shall hold a public inquiry.
(4) The order making authority shall appoint as the person to hold the public inquiry a person selected by them from a panel of persons chosen by the Secretary of State for the purpose of holding public inquiries under these Regulations.
(5) Paragraph (2) applies to any provision contained in an order-“
(a)under section 1, 6, 32 or 37; or
(b)under section 45 by virtue of section 53(1)(a),
of the 1984 Act which prohibits, or has the effect of prohibiting, the loading or unloading of vehicles in any road either at all times or for any period of time unless such period falls wholly between 07.00 hours and 10.00 hours or between 16.00 hours and 19.00 hours in any day.
(6) Paragraph (3) applies to-“
(a)any provision contained in an order-“
(i)under section 1, 6 or 37, or
(ii)under section 45 by virtue of section 53(1)(a),
of the 1984 Act requiring vehicular traffic generally, or vehicular traffic of any class, to proceed on a road in a specified direction, or for prohibiting such traffic from so proceeding; and
(b)any provision contained in an order under section 19 of the 1984 Act prohibiting the use of any highway either at all times or for a limited period or periods in the year by public service vehicles or such vehicles of a specified class.
(7) For the purpose of paragraph (3)(b) of this regulation "a relevant service" means-“
(a)a service which is a local service; or
(b)any other service for the carriage of passengers for hire or reward at separate fares.
9.-(1) Where the order making authority decide, before publishing the notice of proposals under regulation 6, to hold a public inquiry, the notice of proposals shall contain, in addition to the particulars required by that regulation, the particulars specified in Part II of Schedule 1.
(2) In all other cases where, in connection with an order, a public inquiry is to be held (whether as a result of the authority's decision or the requirements of regulation 8) the authority shall, after complying with the requirements of regulation 6-“
(a)publish once at least in a local newspaper circulating in the area in which any road or other place to which the order relates is situated a notice of the inquiry containing the particulars specified in Part III of Schedule 1;
(b)publish a similar notice in the London Gazette;
(c)not later than the date of the first publication of the notice required by sub-paragraph (a) of this paragraph, inform in writing any person who has objected to the order in accordance with regulations 7 or 29 and who has not withdrawn the objection, of the date, time and place of the inquiry.
(d)if it appears to the authority that it would be desirable in the interests of giving adequate publicity to the inquiry, comply with the relevant requirements of Part II of Schedule 2 as to the notices to be displayed in each road, or other place to which the order relates.
(e)comply with the relevant requirements of Schedule 3 as to the availability of documents for inspection.
(3) Where the notice of proposals published under regulation 6 announces the holding of a public inquiry, there shall be at least 42 days between the date that the order making authority complied with paragraph (1)(a) and (b) of that regulation and the date when the public inquiry is due to begin.
(4) Where a notice of a public inquiry is published under sub-paragraphs (a) and (b) of paragraph 2, there shall be at least 21 days between whichever is the later of-“
(a)the last day on which an objection can be sent under regulation 7, or
(b)the date when the order making authority comply with those sub-paragraphs,
and the date that the inquiry is due to begin.
10.-(1) Any person interested in the subject matter of a public inquiry may appear at the inquiry either in person or by counsel, solicitor or other representative.
(2) Any person so interested may, whether or not he proposes to appear at the inquiry, send to the person appointed to hold the inquiry, at the address given in the notice of proposals published under regulation 6(1) for the receipt of objections, such written representations as he may wish to make in relation to the subject matter of the inquiry with a view to their consideration by that person at the inquiry.
(3) The person holding the inquiry may refuse to hear any person, or to consider any objection or representation made by any person, if he is satisfied that the views of that person or the objection or representation are frivolous or that such views have already been adequately stated by some other person at the inquiry.
(4) Subject as aforesaid, the procedure at the inquiry shall be in the discretion of the person holding it.
11. Where an order is one which under Part II of Schedule 9 to the 1984 Act requires the consent of the Secretary of State, the order making authority's application to the Secretary of State for such consent shall be accompanied by copies of such of the documents specified in Schedule 4 as may be applicable.
12. Before making an order the order making authority shall consider all objections duly made in accordance with regulation 7 or 29 and not withdrawn and also the report and recommendations (if any) of the person holding any public inquiry in connection with the order.
13.-(1) The order making authority shall not make an order with modifications where-“
(a)any of the modifications would involve a departure from the order in the form to which the Secretary of State or appropriate Crown authority have given their consent,
(b)in a case where under paragraph 2 of Schedule 9 to the 1984 Act the Secretary of State has directed the authority to make the order, any of the modifications would involve a departure from the form in which the Secretary of State has directed the order to be made, or
(c)in a case where the Secretary of State has made a determination under paragraph 7 of Schedule 5 to the 1985 Act, any of the modifications would be inconsistent with such determination,
but subject as aforesaid the order making authority may make the order with modifications (whether in consequence of any objections or otherwise).
(2) Where the order making authority propose to make, or the Secretary of State proposes to consent to, an order with modifications which appear to that authority or, as the case may be, to the Secretary of State to make a substantial change in the order, the order making authority shall before making the order, take such steps as appear to them to be appropriate or, in a case involving the Secretary of State's consent, as the Secretary of State may require, for informing the persons likely to be affected by the modifications, for giving to those persons an opportunity to make representations in connection with the modifications and for ensuring that any such representations are duly considered by that authority and, where the Secretary of State so requests, by the Secretary of State.
(3) In this regulation, "modifications" has, in the case of an order made by a London authority, the meaning given by paragraph 23(2) of Schedule 9 to the 1984 Act; and in any other case the same meaning as in paragraph 22 of that Schedule.
14. This Part of these Regulations has effect subject to Parts IV and V (which contain provisions relating to particular orders and orders made in particular circumstances) and Part VI of these Regulations (which contains transitional provisions).
15. No date on which an order, or a provision of an order, comes into force shall be earlier than the date on which the authority intend the notice of the making of the order to be published in a local newspaper under regulation 16.
16.-(1) When an order has been made, the order making authority shall-“
(a)forthwith give notice in writing of the making of the order to the chief officer of police of any police area in which any road or other place to which the order relates is situated;
(b)where the order making authority is not the fire authority, forthwith give notice in writing of the making of the order to the fire authority for the area in which any road or other place to which the order relates is situated;
(c)except in the case specified in paragraph (2) notify in writing each person who has duly objected to the order in accordance with regulation 7 or 29 and has not withdrawn his objection, of the order making authority's decision in relation to the objection and, where the objection has not been, or not wholly been, acceded to, of the authority's reasons for their decision;
(d)within 14 days of the making of the order publish in a local newspaper circulating in the area in which any road or other place to which the order relates is situated a notice of the making of the order containing the particulars specified in Part IV of Schedule 1;
(e)within the same period publish in the London Gazette a notice of the making of the order containing the particulars specified in Part V of Schedule 1;
(f)comply with the relevant requirements of Schedule 3 as to the availability of documents for inspection.
(2) The case referred to in paragraph (1)(c) above is the case where the order making authority have, before making the order, notified in writing the person in question of-“
(a)their decision in relation to his objection, and
(b)where the objection has not been, or not wholly been, acceded to, of the reasons for their decision.
17.-(1) Where an order relating to any road has been made, the order making authority shall take such steps as are necessary to secure-“
(a)before the order comes into force, the placing on or near the road of such traffic signs in such positions as the order making authority may consider requisite for the purposes of securing that adequate information as to the effect of the order is made available to persons using the road,
(b)the maintenance of such signs for so long as the order remains in force, and
(c)in a case where the order contains provisions for revoking, or altering the application of, a previous order, such removal or replacement of existing traffic signs as the order making authority may consider requisite for the purpose of avoiding confusion to the users of the road or the continuance of traffic signs in incorrect positions,
but where the road is a Crown road the authority shall act in accordance with sub-paragraphs (a) and (c) only after consultation with the appropriate Crown authority.
(2) This regulation is without prejudice to section 85 of the 1984 Act.
18. This Part of these Regulations has effect subject to Part V of these Regulations (which contains provisions relating to orders made in particular circumstances) and to Part VI of these Regulations (which contains transitional provisions).
19.-(1) Regulations 5, 6, 7 and 8 shall not apply to a consolidation order, and regulation 16 shall have effect in relation to such an order with the following modifications, namely, that the particulars to be contained in the notice of the making of the order need consist only of-“
(a)the name of the order making authority;
(b)the title of the order;
(c)a statement of the titles of the orders the provisions of which are reproduced in the consolidation order;
(d)in a case where a consolidation order re-enacts a provision with a variation described in paragraphs 4 to 8 of Schedule 5, a statement explaining the effect of the variation;
(e)the commencement date or dates of the order;
(f)the items numbered 8 and (so far as appropriate) 9 and 10 in Part IV of Schedule 1.
(2) In this regulation "consolidation order" means an order which revokes provisions of one or more existing orders, reproduces those provisions without any change in substance and makes no other provision but so however that for the purpose of this definition the inclusion in the order of a provision having one or more of the effects described in Part I of Schedule 5 shall not be regarded as a change of substance.
20.-(1) Subject to paragraph (4) this regulation applies to an order having one or more of the effects described in-“
(a)Part I of Schedule 5 (minor variations not described in Parts II and III),
(b)Part II of that Schedule (parking, waiting, stopping and turning),
(c)Part III of that Schedule (the riding of cycles and mopeds on footbridges and subways and driving in boxed areas),
and no other effect.
(2) Parts IV and V of Schedule 5 shall have effect for the purpose of interpreting Parts I, II and III of that Schedule.
(3) Any regulation specified in column 1 of the Table below shall not apply to an order having one or more of the effects described in the Part or Parts of Schedule 5 shown in column 2 against that regulation and no other effect.
Regulation | Parts of Schedule 5 |
---|---|
5 | Parts I, II and III |
6 and 7 | Parts I and III |
8 | Part I |
(4) This regulation shall not apply to an order which by reason of the inclusion therein of any provision such as is mentioned in paragraph 13(1)(e) or (f) of Schedule 9 to the 1984 Act requires the consent of the Secretary of State before it can be made.
21. Regulations 6 and 7 shall not apply to any order under section 9 of the 1984 Act, but every such order shall be framed so as to come into force on a date not less than 7 days after the date that the order making authority intend the order to be published in a local newspaper under regulation 16.
22.-(1) In this regulation "permanent order" means an order under any provision of the 1984 Act other than section 9 the sole effect of which would be to reproduce and continue in force indefinitely an order under section 9 (whether or not that order has been varied, or has been modified or suspended under section 10(2) of that Act).
(2) Regulations 5, 6 and 7 shall not apply to a permanent order where-“
(a)the provisions to be continued in force have been in continuous operation for a period of not less than 6 months, and
(b)the requirements mentioned in paragraph (3) have been complied with in relation to the order under section 9 of the 1984 Act, or if more than one such order is involved, to each such order (an order under the said section 9 containing provisions to be continued in force as aforesaid being in this regulation referred to as a "relevant section 9 order").
(3) Those requirements are that-“
(a)the notice of the making of the relevant section 9 order published under regulation 16(1)(d) and (e), or if more than one such order is involved, of each such order, has contained the following statements-“
(i)that the order making authority would be considering in due course whether the provisions of that order should be continued in force indefinitely; and
(ii)that within a period of 6 months from the coming into force of that order, or if that order is subsequently varied by another order under that section or modified pursuant to subsection (2) of section 10 of the 1984 Act, from the coming into operation of that variation or modification (whichever is latest), any person may object to the making of an order for the purposes of such indefinite continuation; and
(iii)that any such objection must be in writing, must give the grounds on which it is made and must be made to an address of the order making authority specified in the statement;
(b)the documents which the order making authority are required by regulation 16(1)(f) to make available for inspection in connection with the making of the relevant section 9 order, or of each such order, if more than one, have been accompanied by a statement setting out the authority's reasons for making that section 9 order;
(c)those documents and that statement have continued to be available for inspection in accordance with Schedule 3 during the whole of the period within which objections can be made in accordance with sub-paragraph (a)(ii) above; and
(d)in a case where a relevant section 9 order has been modified pursuant to subsection (2) of the said section 10, a document stating the effect of each such modification has been made available for inspection along with the documents and statement referred to in sub-paragraph (c) above and for the period mentioned in that sub-paragraph.
(4) In the application of regulations 8, 9(2), 10, 12 and 16, Part III of Schedule 1 and Schedule 4 to a permanent order to which regulations 5, 6 and 7 do not apply by virtue of paragraph (2) above-“
(a)the notice of the making of the relevant section 9 order published under regulation 16(1)(d) shall be treated as the notice of proposals published under regulation 6(1)(a) in respect of the permanent order;
(b)the notice of the making of the relevant section 9 order published under regulation 16(1)(e) shall be treated as the notice of proposals published under regulation 6(1)(b) in respect of the permanent order; and
(c)any objection made in accordance with the statement contained in a notice of the making of the relevant section 9 order referred to in paragraph (a) or (b) above shall be treated as an objection duly made under regulation 7 above to the permanent order.
23. Regulation 8 shall not apply to an order under section 30 of the 1984 Act (prohibition of traffic on roads to be used as playgrounds in Greater London).
24.-(1) Regulations 5, 6(1)(b), 6(2), 7(3), 9(2)(b) and 16(1)(d) shall not apply to an order under section 61 of the 1984 Act.
(2) Regulations 6, 7, and 8 shall not apply to any obligatory revocation order.
(3) Before making an order under section 61 of the 1984 Act relating to an area not situated in Greater London or a metropolitan county the order making authority shall consult with the council of the district in whose area the loading area is situated.
(4) Nothing in regulation 13 shall authorise the order making authority to make an order under section 61 of the 1984 Act with modifications unless the owner and occupier of the loading area have consented to the modifications.
(5) When an order under section 61 of the 1984 Act has been made, the order making authority shall serve on the owner and occupier of the loading area a copy of the order and of the notice of the making of the order published under regulation 16(1)(d).
(6) Regulation 17 shall have effect in relation to an order under section 61 of the 1984 Act as if for the word "road" wherever it appears there were substituted the words "loading area" and the reference to traffic signs in relation to any land which is not a road, included a reference to any object, device, line or mark which would be a traffic sign (as defined in section 64 of the 1984 Act) if the land were a road.
(7) In this regulation-“
"loading area", in relation to an order under section 61 of the 1984 Act, means the area in relation to which the order has effect.
"obligatory revocation order" means an order which the order making authority are required to make by section 61(2)(c) of the 1984 Act.
"owner" has the meaning given by section 61(8) of the 1984 Act.
25.-(1) Subject to the provisions of this regulation, where an order making authority have, in relation to an order ("the order as originally proposed")-“
(a)complied with the requirements of regulation 5 and 6,
(b)decided to make an order by virtue of this paragraph giving effect to some of the provisions of the order as originally proposed, and
(c)decided to defer making a decision on whether to make an order under this regulation giving effect to the remaining provisions of the original order,
they may make an order giving effect to the provisions referred to in sub-paragraph (b).
(2) Subject to the provisions of this regulation, where an order making authority have-“
(a)made one or more orders by virtue of paragraph (1) or of that paragraph and this paragraph giving effect to some of the provisions of the order as originally proposed,
(b)decided to make an order by virtue of this paragraph giving effect to some other provisions of the order as originally proposed, and
(c)decided to defer making a decision as to whether to give effect to the remaining provisions of the order as originally proposed,
they may make an order giving effect to the provisions referred to in sub-paragraph (b) and, so far as may appear to them to be necessary or expedient for the purposes of those provisions, giving further effect to the provisions referred to in sub-paragraph (a).
(3) Subject to the provisions of this regulation, where an order making authority have made one or more orders by virtue of this regulation giving effect to some provisions of the order as originally proposed, they may make an order giving effect to the remaining provisions and, so far as may appear to them to be necessary or expedient for the purposes of those provisions, giving further effect to the provisions to which effect has been given by the previous order or orders.
(4) Subject to paragraph (6) Parts II and III of these Regulations shall apply to an order made or proposed to be made by virtue of this regulation as if the procedural steps previously taken under these Regulations, and any notices published or instruments prepared under them, in connection with the order as originally proposed had related only to the provisions of the order made or proposed to be made by virtue of this regulation (whether or not any previous order has been made by virtue of this regulation).
(5) No order may be made by virtue of paragraphs (2) or (3) after the expiration of 12 months from the date of an order made by virtue of paragraph (1) relating to the same original order unless the order made by virtue of paragraphs (2) or (3) is made in consequence of a public inquiry which begins before the expiration of that period.
(6) The notices given and published under regulation 16 of the making of any order made by virtue of this regulation shall-“
(a)state that the order in question has been made by virtue of this regulation,
(b)indicate briefly the provisions (if any) of the order as originally proposed in relation to which the decision of the order making authority has been deferred and
(c)where the order is made by virtue of paragraph (2) or (3), give particulars of the title and date of every previous order made by virtue of this regulation in relation to the same order as originally proposed.
(7) Regulation 13(2) shall apply to an order made by virtue of paragraph (1) or (2) of this regulation and for this purpose such an order shall be regarded as an order with modifications.
26.-(1) For the purposes of this regulation-“
(a)"replacement order" means an order which revokes and re-enacts another order, but has no other effect,
(b)"revocation order" means an order which revokes another order, but has no other effect,
(c)"previous order", in relation to a revocation order or replacement order, means the order revoked by the revocation order or replacement order (as the case may be).
(2) Regulations 5, 6, 7 and (save as provided in paragraph (4)) 15 shall not apply to a revocation order or replacement order if-“
(a)at the date that the revocation order or replacement order is made, no provision in the previous order has come into force;
(b)in relation to the previous order, the order making authority, at that date-“
(i)have failed to comply with the requirements set out in sub-paragraphs (d) or (e) of regulation 16(1), or
(ii)are satisfied that they would not be able to comply with the requirements set out in either of those sub-paragraphs,
within the time limits specified therein and the revocation order or replacement order (as the case may be) states that they have so failed or are so satisfied;
(c)the order making authority at that date are satisfied that such failure or inability to comply was or is due to exceptional circumstances and the revocation order or replacement order (as the case may be) states that they are so satisfied;
(d)the authority making the revocation order or replacement order are the authority that made the previous order;
(e)in the case of a revocation order, the order comes into force on the date it is made;
(f)in the case of a replacement order-“
(i)in so far as the order revokes the previous order it comes into force on the day that it is made,
(ii)apart from the different commencement dates and the revocation of the previous order, the previous order and the replacement order have the same effect, and
(iii)the authority had, in relation to the previous order, complied with-“
(i)all the requirements of these Regulations other than regulations 16 and 17, and
(ii)all the requirements of the 1984 Act,
with respect to the making of such an order.
(3) Where by virtue of this regulation an order making authority make a revocation order which comes into force on the date it is made they shall if it is practicable, comply with the requirements set out in paragraphs (d) and (e) of regulation 16(1) within the time limits specified therein, but if such compliance is not practicable and they comply with each of the requirements as soon as practicable thereafter they shall be deemed to have complied with those paragraphs.
(4) Where by virtue of this regulation a replacement order comes into force on the day it is made in so far as it revokes a previous order, regulation 15 shall nevertheless apply to the replacement order in so far as it has any other effect.
27.-(1) In this regulation, "revocation order" and "previous order" have the same meaning as in regulation 25.
(2) Regulations 5, 6 and 7 shall not apply to an order which re-enacts a previous order that has been revoked pursuant to regulation 26 by a revocation order if-“
(a)the revocation order came into force on the date it was made;
(b)the order which re-enacts the previous order is made within 6 months after the date that the previous order was made;
(c)apart from the different commencement dates, the previous order and the order which re-enacts it have the same effect;
(d)the authority making the order that re-enacts the previous order are the authority that made the previous order; and
(e)the authority had, in relation to the previous order, complied with-“
(i)all the requirements of these Regulations other than regulations 16 and 17, and
(ii)all the requirements of the 1984 Act,
with respect to the making of such an order.
28. This Part of these Regulations has effect subject to Part VI of these Regulations which contains transitional provisions.
29.-(1) This regulation has effect where the order making authority are a London or metropolitan authority and another such authority ("the other authority") are required to be consulted by virtue of paragraph 6(3)(c) of Part II of Schedule 5 to the 1985 Act in connection with an order.
(2) Where by virtue of Part IV of these Regulations, regulation 6 does not apply, the order making authority shall nevertheless, before making the order, send to the other authority a notice containing the particulars specified in Part I of Schedule 1.
(3) Without prejudice to any right which the other authority might have to object under regulation 7, that authority may object to the order at any time during the period beginning on the date that the order making authority comply with regulation 6(2) or paragraph (2) (as the case may be) and ending 21 days later.
(4) Any objection under paragraph (3) shall-“
(a)be in writing and be sent to the address specified in the particulars sent under regulation 6(2) or paragraph (2) (as the case may be), and
(b)state whether or not it is alleged that the order would have any direct effect on traffic or any class of traffic on any road other than a trunk road in the area of that authority.
30.-(1) In this Part of the Regulations, "old enactment" means an enactment referred to in regulation 1(2) (revocations).
(2) Where a notice of a proposal to make an order has been published in the London Gazette before the coming into force of these Regulations pursuant to the requirements of an old enactment, the old enactment shall continue to apply to the order and nothing in these Regulations affects that enactment.
(3) Nothing in these Regulations shall be taken as prejudicing the operation of sections 16 and 17 of the Interpretation Act 1978((10)) (which relates to the effect of repeals).
Paul Channon
Secretary of State for Transport
3rd July 1989
Peter Walker
Secretary of State for Wales
4th July 1989
Regulations 6(1), 9(1) and (2), 16(1)
1. The name of the order making authority.
2. The title of the order.
3. A brief statement of the general nature and effect of the order.
4. Where the order relates to any road, the name or other brief description of the road and, in a case where the order is an order under section 83(2) or 84(1) of the 1984 Act a statement of the approximate length of that road to which the order will apply.
5. Where the order relates to an off-street parking place or a loading area, a brief description of that place or area and of its location.
6. Where the order relates to a parking place and prescribes charges for its use, or time limits or classes of vehicle for which it will be available, a statement of all such charges, time limits or classes, as the case may be.
7. A statement of all the documents required by regulation 6(1)(d) to be available for inspection, of each address at which those documents can be inspected and of the times when inspection can take place at each such address.
8. The date by which, and the address to which, objections to the order and other representations relating to the order can be made.
9. A statement that all objections and other representations must be made in writing, and that all objections must specify the grounds on which they are made.
1. A statement that a public inquiry will be held in connection with the order.
2. The date, time and place of the inquiry.
3. The name of the person appointed to hold the inquiry.
1. The name of the order making authority.
2. The title of the order.
3. A statement which refers to the published notice of proposals for the order and which indicates that a public inquiry will be held in connection with the order.
4. A brief statement of the general nature and effect of the order and of the name or other brief description of any road or other place to which the order will apply.
5. The date, time and place of the inquiry and the name of the person appointed to hold the inquiry.
6. A statement of all the documents required by regulation 9(2)(e) to be available for inspection, of each address at which those documents can be inspected and of the times when inspection can take place at each such address.
1. The name of the order making authority.
2. The title of the order, and the date on which it was made.
3. A statement of the general nature and effect of the order and of the date or dates of its coming into force.
4. In the case of an order to which regulation 20 applies, a statement of any provisions which have been the subject of a variation described in paragraphs 4 to 8 of Schedule 5.
5. Where the order relates to any road, the name or other brief description of the road.
6. Where the order relates to an off-street parking place or loading area, a brief description of that place or area and of its location.
7. Where the order relates to a parking place and prescribes charges for its use, or time limits or classes of vehicle for which it will be available, a statement of such charges, time limits or classes, as the case may be.
8. A statement of all the documents required by regulation 16(1)(f) to be available for inspection, of each address at which those documents can be inspected and of the times when inspection can take place at each such address.
9. In the case of an order under section 1, 6, 9, 19, 32, 37, 38 or 45 of the 1984 Act a statement that any person wishing to question the validity of the order or of any of its provisions on the ground that it is not within the powers of the relevant enabling Act or that a requirement of any such enabling Act or of any relevant regulations made thereunder has not been complied with may, within 6 weeks from the date on which the order was made, make application for the purpose to the High Court.
1. The name of the order making authority.
2. The title of the order.
3. The date of the making of the order and its commencement date or dates.
4. Except in the case of an order to which regulation 6 does not apply by virtue of regulation 20, 21 or 22 the issue number and date of issue of the London Gazette containing the relevant notice of proposals previously published pursuant to regulation 6(1)(b), the reference number of that notice therein, and a statement that the effect of the order is as described in that notice, save for such modifications (if any) as described in the statement.
5. In the case of an order to which regulation 6 does not apply by virtue of regulation 20, a statement of the general nature and effect of the order.
6. In the case where an order under section 9 of the 1984 Act applies-“
(a)a statement of the general nature and effect of the order; and
(b)where the order relates to any road, the name or other brief description of the road and (in any case where the order makes the same or similar provision to that made by an order under section 83(2) and 84(1) of the Act) a statement of the approximate length of that road to which the order will apply; or
(c)where the order relates to a parking place and prescribes charges for its use, or time limits or classes of vehicle for which it will be available, a statement of all such charges, time limits or classes, as the case may be.
7. A statement of all the documents required by regulation 16(1)(f) to be available for inspection, of each address at which those documents can be inspected and of the time when inspection can take place at each such address.
8. In the case of an order to which regulations 5, 6 and 7 do not apply by virtue of regulation 22, a statement that the order gives permanent effect to an experimental order and of the issue number and date of the London Gazette containing the notice of the making of the relevant section 9 order (as defined in that regulation).
9. In the case of an order under section 1, 6, 9, 19, 32, 37, 38 or 45 of the 1984 Act a statement that any person wishing to question the validity of the order or of any of its provisions on the ground that it is not within the powers of the relevant enabling Act or that a requirement of any such enabling Act or of any relevant regulations made thereunder has not been complied with may, within 6 weeks from the date on which the order was made, make application for the purpose to the High Court.
Regulation 6(1)(c), 9(2)(d)
1. The name of the order making authority.
2. The title of the order.
3. A brief statement of the effect of the order in relation to the road or other place where it is displayed.
4. An address at which a copy of the order, and a copy of the authority's statement of reasons for proposing to make the order can be inspected, and the times when such inspection can take place.
5. Where the notice is displayed pursuant to regulation 6(1) (publication of proposals), the address to which, and the period during which, objections to the order can be made, and a statement that all objections must be made in writing and must specify the grounds on which they are made.
6. Where the notice is displayed under regulation 9(2) (notice of public inquiry), the date, time and place of the public inquiry and the name of the person appointed to hold the inquiry.
1. Where the order relates to any road, the notice shall be displayed in a prominent position at or near each end of the road and in such other positions as the order making authority think requisite for securing that adequate information about the subject matter of the notice is given to persons using the road.
2. Where the order relates to an off-street parking place, the notice shall be displayed in one or more prominent positions in the road or roads giving access to the parking place, and where the parking place is in public use, in the parking place itself.
3. Where the order relates to a loading area the notice shall be displayed in a prominent position in or near to the loading area and in such other positions as the order making authority think requisite for securing that adequate information about the subject matter of the notices is given to persons using or intending to use the loading area.
4. The notice shall first be displayed as aforesaid not later than the first publication of the corresponding notice in the local newspaper and the authority who display the notice shall take all reasonable steps to ensure that it remains in a legible condition and continues to be so displayed-“
(a)in the case of a notice of proposals not announcing the holding of a public inquiry, until the end of the objection period;
(b)in the case of a notice announcing the holding of a public inquiry, until the date on which the inquiry begins.
Regulation 6(1)(d), 9(2)(e), 16(1)(f)
1. Subject to paragraph 2, there shall be available for inspection at the authority's offices during normal office hours, and (if the authority think fit) at such other places within the order making authority's area and during such times respectively at those places as the authority may determine, the following documents:-“
(a)a copy of the order as drafted or made (as the case may be);
(b)a map which clearly indicates the location and effect of the order as drafted or made (as the case may be) and, where appropriate, alternative routes available for diverted traffic;
(c)in the case of an order which varies, revokes, applies or suspends a previous order or which modifies, suspends or revokes regulations made or having effect as if made under section 12 of the 1984 Act, a copy of that order or, as the case may be, of those regulations;
(d)a statement setting out the authority's reasons for proposing to make the order;
(e)in the case of an experimental order under section 9 of the 1984 Act, a statement setting out the authority's reasons for proceeding by way of experiment and whether the authority intend to consider making a permanent order in like terms; and
(f)in the case of an order made after the holding of a public inquiry, a copy of the report and the recommendations (if any) of the person appointed to hold the inquiry.
2. Paragraph 1(b) shall not apply to-“
(a)an order which revokes a previous order and has no other effect, or
(b)an order which relates only to a parking place and provides only for the variation of any one or more of the following matters, namely:-“
(i)the charges for the use of the parking place,
(ii)the time limits applicable to such use,
(iii)the classes of vehicle which may use the parking place,
(iv)the conditions applicable to the use of the parking place by vehicles.
3. The documents shall be made available as aforesaid not later than the first publication in the local newspaper of the notice in connection with which they are required to be made available, and they shall continue to be so available:-“
(a)where the notice is a notice of proposals not announcing the holding of a public inquiry, until the end of the objection period;
(b)where the notice is one announcing the holding of a public inquiry, until the date on which the inquiry begins, and
(c)where the notice is a notice of making the order, until the end of 6 weeks from the date on which the order is made.
Regulation 11
1. The order as proposed to be made.
2. A map which clearly indicates the location and effect of the proposed order and, where appropriate, alternative routes available for diverted traffic.
3. A statement of the order making authority's reasons for proposing to make the order.
4. A statement identifying the issues of each local newspaper and of the London Gazette containing the notice of proposals.
5. Each unwithdrawn objection or, in a case where there are no objections or no unwithdrawn objections, a statement to that effect.
6. Copies of the reply or replies sent to each objector.
7. A list of the persons and organisations consulted by the order making authority and a statement of the views (if any) expressed by each such person or organisation or, where no such persons or organisations have been consulted, a statement to that effect.
8. In a case where a public inquiry has been held, the report and recommendations (if any) of the person holding the inquiry.
9. In a case where the order relates to a Crown road, the consent of the appropriate Crown authority.
10. In a case where the order relates to a Crown road and will apply to persons or vehicles in the service of the Crown, particulars of the Crown authority or authorities whose persons and vehicles are known to be involved.
Regulations 19 and 20
1. The postponement for a period of not more than 6 months of the coming into force of any provision of an existing order.
2. The variation of an order so as to include an exemption in respect of a disabled person's vehicle of the same kind as mentioned in regulation 4 of the Local Authorities' Traffic Orders (Exemption for Disabled Persons) (England and Wales) Regulations 1986(11).
3. The variation of an order so as to confer on a traffic warden functions similar to those conferred by the order on a police constable.
4. The variation of an order so as to substitute for a prohibition or restriction on the use of vehicles the weight of which (however described) exceeds a weight expressed in imperial units an identical prohibition or restriction on the use of vehicles the weight of which exceeds the metric equivalent of that weight, expressed in tonnes to the nearest tonne or half tonne.
5. The variation of an order so as to substitute for a prohibition or restriction on the use of vehicles the weight of which exceeds a specified unladen weight an identical prohibition or restriction on the use of vehicles the weight of which exceeds the corresponding maximum gross weight.
6. The variation of an order so as to substitute a prohibition or restriction on the use of vehicles with a maximum gross weight of 17 tonnes for an identical prohibition or restriction on the use of vehicles with a maximum gross weight of 16.5 tonnes.
7. The variation of an order by substituting for any reference-“
(a)to a vehicle adapted to carry 12 passengers or to a vehicle adapted to carry more than 12 passengers, a reference to a vehicle adapted to carry more than 8 passengers;
(b)to a public service vehicle being used under a road service licence, a reference to a public service vehicle used in the provision of a local service.
8. The variation of a provision-“
(a)prohibiting or restricting the waiting of vehicles or the loading and unloading of vehicles, or
(b)authorising the use as a parking place of any part of a road
in so far as such variation is necessary to make the order compatible with any regulations made under section 25 of the 1984 Act.
9. The variation of an order where the variation relates solely to an area designated as a parking place under sections 6, 32(1)(b) or 45 of the 1984 Act and does not involve-“
(a)a change in any boundary of the area, or
(b)an increase in any excess charge payable under the order.
10. The variation of an order under section 35(1) of the 1984 Act where the variation does not involve an increase in any excess charge or any sum payable as a result of a person contravening or failing to comply with such an order.
11. The revocation of a provision designating an area of road as a parking place under sections 6, 32(1)(b) or 45 of the 1984 Act.
12. The prescription of places where vehicles, or vehicles of any class, may not turn so to face in the opposite direction to that in which they were proceeding.
13. The imposition of a restriction on or the prohibition of the stopping or waiting of vehicles, or vehicles of any class, in any area of any road, being an area the whole of which lies within 150 feet of any means of entrance to, or egress from, a school.
14. The imposition of a restriction on or the prohibition of the stopping or waiting of vehicles, or vehicles of any class, in any area of any road, being an area marked or to be marked on the carriageway of the road by a traffic sign for indicating that the area in question is a place where a relevant vehicle may stop to pick up or set down passengers or where hackney carriages may stand.
15. The prohibition of the riding of cycles or mopeds on a footbridge or in a pedestrian subway or in the approaches to such bridge or subway.
16. The imposition of a restriction on the driving of vehicles into a boxed area.
17. The revocation or variation of a provision of an order, being a provision that has no effect other than is as mentioned in paragraph 15 or 16.
18. In this Schedule-“
"boxed area" means an area of carriageway of a road marked in the manner indicated in diagram 1043 and 1044 of the Traffic Signs Regulations and General Directions 1981(12);
"the corresponding maximum gross weight" means the maximum gross weight expressed in metric units specified in Column 2 of the table in Part V of this Schedule opposite the corresponding specified unladen weight;
"cycle" means a pedal cycle which is not a motor vehicle;
"excess charge" in relation to on-street parking has the same meaning as in section 46 of the 1984 Act and in relation to off-street parking means any sum payable as a result of a vehicle remaining parked beyond the period for which payment has been made;
"maximum gross weight" has the same meaning as in the Traffic Signs Regulations and General Directions 1981;
"moped" has the same meaning as in paragraph 5 of Schedule 9 to the Road Vehicles (Construction and Use) Regulations 1986(13);
"relevant vehicle" means-“
a public service vehicle being used in the provision of a service which is a local service; or
a public service vehicle being used to carry passengers for hire or reward at separate fares other than one being used in the provision of a local service;
"specified unladen weight" means one of the weights specified in Column 1 of the table in Part V of this Schedule expressed in imperial units or the metric equivalent to any of those weights;
"unladen weight" has the same meaning in the Road Vehicles (Construction and Use) Regulations 1986.
Column 1 | Column 2 |
---|---|
Specified unladen weight (in tons) | Corresponding maximum gross weight (in tonnes) |
2 | 5 |
2.5 | 5 |
3 | 7.5 |
5 | 17 |
10 | 30 |
(This note is not part of the Regulations)
These Regulations lay down the procedure to be followed by local authorities in England and Wales in connection with the making by them of the main types of traffic and parking place orders under the Road Traffic Regulation Act 1984. The Regulations restate with modifications in a single, uniform code the separate procedures which formerly applied in London and in the rest of England and Wales respectively (see regulation 1). The main changes are referred to below.
Regulation 3 specifies the orders to which the Regulations apply. These include traffic regulation orders, experimental traffic orders, orders relating to the use of roads by public service vehicles, street playground orders, orders relating to parking places both on and off the highway (including bus station and parking meter orders), orders relating to speed limits, orders for exempting roads from the prohibition of the parking of vehicles on verges, central reservations and footways, and for controlling the parking of vehicles in areas used for loading or unloading goods vehicles.
Regulations 4 to 13 lay down the procedure to be followed before an order is made. They provide for preliminary consultations (regulation 5), publication of proposals (regulation 6), objections to the order (regulations 7 and 12), public inquiries (regulations 8 to 10), the modification of proposals (regulation 13) and for certain cases where the Secretary of State's consent is required (regulation 11). The main changes are a new requirement to consult a neighbouring highway authority whose roads may be affected (regulation 5(1)(c)); a relaxation in respect of street notices-obligatory only where the authority consider it desirable for publicity purposes (regulation 6(1)(c) and regulation 9); extension of the former London provision for simultaneous consultation and advertisement (regulation 6(2)); a minimum period of 21 days for objections in all cases (regulation 7(1)); extension to London of the provisions previously applying elsewhere to public inquiries, except where objections are frivolous (regulation 8) and extension of the "peak period" times in that connection.
Regulations 14 to 16 contain requirements about the commencement date of the order and notification thereof. The previous requirement outside London to notify objectors of the made order has been relaxed (regulation 16(2)).
Regulation 17 makes provision for the erection of traffic signs to convey information as to the effect of the order. It differs from previous regulations in that it expressly requires such signs to be maintained.
Regulations 18 to 25 generally extend the former London procedures for consolidation orders (regulation 19), minor orders (regulation 20), orders under section 30 of the 1984 Act, roads used as playgrounds (regulation 23), loading area orders (regulation 24) and the making of orders in part (regulation 25). The main exception is in relation to experimental traffic orders (regulations 21 and 22) where the former requirement outside London for consultation is applied generally, but the requirement for prior publication is relaxed.
Regulations 26 and 27 contain new requirements for the revocation and re-enactment of orders in exceptional circumstances where the publication requirements of regulation 16 cannot be met. Regulation 29 lays down the procedure to be followed by London Boroughs and metropolitan districts in respect of orders subject to Part II of Schedule 5 to the Local Government Act 1985.
Regulation 30 makes transitional provision for orders published before the coming into force of these Regulations.
Schedules 1 to 3 contain particulars of the details to be included in the press notices of an order, of the requirements as to display of notices of an order in the road itself, and of the requirements about making documents relating to an order available for public inspection. These are to include a map in appropriate cases. Schedule 4 lists the documents which must accompany an application for the appropriate Secretary of State's consent. The requirement to supply copies of press advertisements no longer applies; a statement identifying the relevant newspapers or journals will suffice. Schedule 5 lists the minor variations to an order to which regulations 19 and 20 apply. These generally extend simplified London procedures such as the waiving of obligations to consult in certain cases. This includes orders varying parking charges other than excess charges (paragraphs 9 and 10). Part V relates specified unladen weights to corresponding maximum gross weights of vehicles for the purposes of Part I.
1984 c. 27; section 30 and Schedule 9 were amended by the Local Government Act 1985 (c. 51), Schedule 5, paragraph 4(39).
Regulations made by the Greater London Council on 14th November 1972 and which by virtue of section 98(4) of the Local Government Act 1985 (c. 51) have effect as if they had been made by the Secretary of State.
S.I. 1986/179.
S.I. 1986/181.
S.I. 1986/259.
1947 c. 41; read with paragraph 2 of Schedule 11 to the Local Government Act 1985 (c. 51).
S.I. 1986/178.
S.I. 1981/859; to which there are amendments not relevant to these Regulations.
S.I. 1986/1078; to which there are amendments not relevant to these Regulations.