Made | 27th August 2007 | ||
Laid before Parliament | 5th September 2007 | ||
Coming into force | 1st October 2007 |
1. | Citation, commencement and application |
2. | Interpretation |
3. | Scope of this Part |
4. | Consultation before publication of proposals |
5. | Publication of proposals |
6. | Inspection of documents |
7. | Representations |
8. | Holding a public inquiry |
9. | Notice of public inquiry |
10. | Procedure at a public inquiry |
11. | Making the order |
12. | Orders containing modifications to the proposed order |
13. | Orders implementing the proposed order in part |
14. | Action after making |
15. | Traffic signs |
16. | Orders continuing the effect of experimental traffic orders |
17. | Scope of this Part |
18. | Experimental traffic orders |
19. | Scope of this Part |
20. | Consultation |
21. | Notice of making temporary order |
22. | Notices to be displayed on road |
23. | Continuation of order by direction of the Secretary of State |
SCHEDULE 1— | Persons to be consulted before publishing a notice of proposals in relation to a traffic regulation order, or before making an experimental traffic order |
SCHEDULE 2— | Details to be included in notices |
PART 1— | Details to be included in a notice of proposals |
PART 2— | Details to be included in a notice of a public inquiry |
PART 3— | Details to be included in a notice of making |
made or proposed to be made by a National Park authority in England in relation to a road of a kind referred to in section 22BB(1) of the 1984 Act.
Interpretation
2.
In these Regulations—
(b) take such other steps (if any) as it considers appropriate for ensuring that adequate publicity about the order is given to persons likely to be affected by its provisions, which may include—
(2) Not later than the date on which the National Park authority complies with paragraph (1), it must send a copy of the notice of proposals to each person consulted under regulation 4.
(3) A notice of proposals published, displayed or delivered pursuant to paragraph (1) must contain the details specified in Part 1 of Schedule 2.
Inspection of documents
6.
—(1) The National Park authority must make the documents specified in paragraph (2) available for public inspection—
from the date on which the notice of proposals is published until six weeks after the date on which the order is made or, as the case may be, the National Park authority decides not to make the order.
(2) The documents to be made available for inspection are—
Representations
7.
—(1) Any person may make representations to the National Park authority about the making of a proposed order by the later of—
(2) Representations under paragraph (1) must—
Holding a public inquiry
8.
—(1) The National Park authority may cause a public inquiry to be held before making an order.
(2) If the National Park authority causes a public inquiry to be held, it must appoint an inspector to hold it.
(3) Following an inquiry the inspector must provide a report and a recommendation to the National Park authority.
Notice of public inquiry
9.
—(1) If the National Park authority decides, before publishing a notice of proposals, that a public inquiry is to be held in connection with a proposed order, it must include in that notice, in addition to the details specified in Part 1 of Schedule 2—
(2) An inquiry to which paragraph (1) applies must begin not less than 42 days after the publication of the notice of proposals.
(3) In any other case where a public inquiry is to be held in connection with a proposed order, the National Park authority must—
(b) send such a notice to each person who has made representations under regulation 7;
(c) display such a notice in each road affected by the order; and
(d) deliver such a notice to any premises occupied by persons appearing to the authority to be likely to be affected by any provision in the order.
(4) An inquiry to which paragraph (3) applies must begin not less than 21 days after—
Procedure at a public inquiry
10.
—(1) Subject to paragraphs (2) to (4), the procedure at a public inquiry shall be determined by the inspector.
(2) Any person interested in the subject-matter of a public inquiry may appear at the inquiry in person or by a representative.
(3) Any person so interested may, whether or not he proposes to appear at the inquiry, send written representations for the consideration of the inspector to the address given in the notice of the inquiry.
(4) The inspector may refuse to hear any person, or to consider written representations from any person, if he considers that the views of that person are irrelevant or have already been adequately stated at the inquiry.
Making the order
11.
—(1) Before deciding whether to make an order, the National Park authority must consider—
(2) An order must not be made—
(3) An order—
Orders containing modifications to the proposed order
12.
—(1) Subject to paragraph (2), a National Park authority may, whether in consequence of any representations or otherwise, make an order in different terms to the proposed order which it made available for inspection under regulation 6(1).
(2) Before making an order in terms which appear to the National Park authority to be substantially different from the terms of the proposed order, the National Park authority must take such steps as appear to it appropriate for—
and must duly consider any such representations.
Orders implementing the proposed order in part
13.
—(1) A National Park authority may make an order giving effect to some of the provisions contained in a proposed order whilst deferring a decision on the remainder.
(2) Where a National Park authority has made an order as described in paragraph (1), it may subsequently deal with the remaining provisions in any one or more of the following ways—
(3) Where, pursuant to paragraph (2) or this paragraph, an authority has continued to defer a decision on any provisions, it may subsequently deal with those provisions in any way permitted by paragraph (2).
(4) Where an authority makes an order giving effect to some of the provisions contained in the originally proposed order, the notice published under regulation 14(1)(a) and any notice given under regulation 14(1)(b) must—
Action after making
14.
—(1) The National Park authority must, within 14 days after making an order—
(b) give notice in writing that the order has been made to any person who made representations under regulation 7.
(2) Where—
the National Park authority must give its reasons for not so acceding in the notice given to that person under paragraph (1)(b).
(3) The National Park authority must take such other steps (which may include steps corresponding to those mentioned in regulation 5(1)(b)) as it considers appropriate for the purpose of ensuring that adequate publicity is given to the making of the order.
(4) The National Park authority must, as soon as practicable after making the order, add to the documents made available for inspection pursuant to regulation 6—
(5) The National Park authority must, as soon as practicable after publishing a notice in accordance with paragraph (1)(a), add a copy of that notice to the documents made available for inspection pursuant to regulation 6.
Traffic signs
15.
—(1) Where a National Park authority has made an order relating to any road, the authority must take such steps as are necessary to secure—
(2) The National Park authority must consult the appropriate Crown authority before carrying out the requirements of sub-paragraphs (a) and (c) of paragraph (1) in relation to a Crown road.
Orders continuing the effect of experimental traffic orders
16.
—(1) This regulation applies in relation to a proposed traffic regulation order (a "continuation order"), the sole effect of which is to reproduce and continue in force indefinitely the provisions of any experimental traffic order that is in force.
(2) Paragraphs (3) to (5) apply if, in relation to that experimental traffic order–
(b) notices have been published and given in accordance with regulation 14(1); and
(c) no amendment of the order has been made more than 12 months after the date on which the order was originally made.
(3) Regulations 4, 5, 7, 9(1), (2) and (4), 11(1)(a) and (2) and 14(1)(b) and (2) do not apply in relation to the continuation order.
(4) Regulation 9(3) applies in relation to the continuation order subject to the modification that, in sub-paragraph (b), the references to each person who has made representations in accordance with regulation 7 is to be treated as a reference to each person who was consulted about the experimental traffic order under regulation 18(1) and made representations.
(5) Any public inquiry in relation to the continuation order must begin not less than 21 days after the date on which regulation 9(3) is complied with.
(6) For the purposes of paragraph (1), it is immaterial whether the experimental traffic order has been modified or suspended under section 10(2) of the 1984 Act[7].
from the date on which the National Park authority begins consultation under paragraph (1) until the last day of the experimental scheme of traffic control (if the National Park authority makes the order) or until six weeks after the National Park authority decides not to make the order.
(3) The documents to be made available for inspection are—
(4) Before deciding whether to make an experimental traffic order, the National Park authority must take account of any representations received from persons consulted under paragraph (1).
(5) Regulation 14 (notice of making) applies in relation to an experimental traffic order, with the modifications that–
(6) No provision of an experimental traffic order shall come into force until the expiry of seven days after a notice under regulation 14(1)(a) is published in relation to the order.
(7) Regulation 15 (traffic signs) applies in relation to an experimental traffic order.
(8) Where an experimental traffic order is modified in accordance with section 10(2) of the 1984 Act, a statement of the effect of each such modification must, as soon as practicable after the modification is made, be included with the documents available for inspection in accordance with regulation 6.
Notice of making temporary order
21.
—(1) Not less than 7 days before making a temporary order the National Park authority must publish notice of its intention to make the order—
(2) The notice must state—
(3) The National Park authority must, on or before the day on which the order is made, give notice of the order to the chief officer of police for the area in which the road to which the order relates is situated.
(4) Within 14 days of making an order, the National Park authority must publish a notice—
(5) The notice under paragraph (4) must state—
(6) No provision of a temporary order may come into force before the date on which the National Park authority publishes a notice in accordance with paragraphs (4) and (5).
Notices to be displayed on road
22.
—(1) This regulation applies where a National Park authority has made a temporary order.
(2) The authority must, before the order comes into force, display a notice stating the effect of the order in a prominent position at each end of the length of road to which the order relates.
(3) If the effect of the order is to require vehicles or persons, or any class of vehicles or persons, to divert from the road—
(4) Each such notice must be displayed throughout the period during which the order is in force.
(5) The National Park authority must take all reasonable steps during that period to ensure that the notices remain displayed and in a legible condition, or are promptly replaced as often as necessary.
Continuation of order by direction of the Secretary of State
23.
—(1) This regulation has effect where the Secretary of State gives a direction under section 15(3) or (5) of the 1984 Act[8] in relation to a temporary order.
(2) The National Park authority must, within 14 days after receiving the direction, publish notice of the direction—
(3) The notice must state—
(4) In the case of a direction given under section 15(3) of the 1984 Act, the National Park authority must, within 7 days after receiving the direction, give notice of the direction to the chief officer of police for the area in which any road to which the order relates is situated.
Phil Woolas
Minister of State Department for Environment, Food and Rural Affairs
27th August 2007
Person | Cases in which consultation is required | |
1 | The highway authority for the area in which the road is situated. | In all cases |
2 | The appropriate Crown authority | Where the proposed order relates to or appears to the National Park authority to be likely to affect traffic on a Crown road. |
3 | The fire and rescue authority for the area in which the road is situated. | Where it appears to the National Park authority that the order is likely to affect the passage on any road of fire-fighting vehicles. |
4 | The NHS trust or NHS foundation trust providing an emergency ambulance service for the area in which the road is situated. | Where it appears to the National Park authority that the order is likely to affect the passage on any road of ambulances. |
5 | The chief officer of police for the area in which the road is situated. | In all cases |
6 | The parish or town council for the area in which the road is situated. | In all cases |
7 | Any local access forum for the area in which the road is situated. | In all cases |
8 | Auto Cycle Union | In all cases |
9 | British Driving Society | In all cases |
10 | British Horse Society | In all cases |
11 | Byways and Bridleways Trust | In all cases |
12 | Open Spaces Society | In all cases |
13 | Ramblers' Association | In all cases |
14 | Cyclists' Touring club | In all cases |
15 | Land Access and Recreation Association | In all cases |
16 | Natural England | Where the order relates to a road which is within or partly within an SSSI. |
17 | Campaign to Protect Rural England | In all cases |
18 | National Farmers Union | In all cases |
19 | Country Land and Business Association | In all cases |
20 | Council for National Parks | In all cases |
21 | Any other body representing persons whom the National Park authority considers are likely to be affected by any provision in the order. | In all cases which the National Park authority considers appropriate. |
any person may object to the making of a further order as mentioned in sub-paragraph (a); and
(c) that any such objection must—
[2] Subsections (2) and (2A) of section 16 were substituted by section 1(2) of the Road Traffic (Temporary Restrictions) Act 1991 (c.26), and paragraphs 21 and 25 of Schedule 9 were amended by section 168(1) of and Schedule 8 to the New Roads and Street Works Act 1991 (c.22). By virtue of section 22BB(3) of the 1984 Act, as inserted by section 72 of the National Environment and Rural Communities Act 2006 (c.16), provisions of the 1984 Act have effect in relation to an order by a National Park authority under subsection (2)(a), (b) or (c) of 22BB as they have effect in relation to an order by a local traffic authority under section 1, 9 or 14(1).back
[6] 1981 c.69. Section 28 was substituted by the Countryside and Rights of Way Act 2000 (c.37), section 75(1) and Schedule 9, and amended by the Natural Environment and Rural Communities Act 2006 (c.16), section 105(1) and Schedule 11.back
[7] Section 10(2) of the 1984 Act was substituted by section 168(1) of and Schedule 8 to the New Roads and Street Works Act 1991 (c.22). It has effect in relation to an experimental traffic order made by a National Park authority by virtue of section 22BB(3) of the 1984 Act, as inserted by section 72 of the Natural Environment and Rural Communities Act 2006 (c.16).back
[8] Paragraphs (3) and (5) of section 15 of the 1984 Act have effect in relation to a temporary order made by a National Park authority by virtue of section 22BB(3) of the 1984 Act, as inserted by section 72 of the Natural Environment and Rural Communities Act 2006 (c.16).back