Statutory Instruments
Road Traffic
Made
16th March 2016
Laid before Parliament
22nd March 2016
Coming into force
22nd April 2016
The Secretary of State makes the Regulations in Part 1 of this Instrument in exercise of the powers conferred by—
(a)sections 25, 28(4)(1) (in relation to England and Wales), 64(1)(2), (2), (3) and (5)(3) and 67(3) of the Road Traffic Regulation Act 1984(4) (“the 1984 Act”); and
(b)section 36(5)(5) of the Road Traffic Act 1988(6) (“the 1988 Act”).
The Secretary of State gives the General Directions in Part 2 of this Instrument in exercise of the powers conferred by section 65(1)(7) and (1A)(8) and 85(2)(9) of the 1984 Act.
In accordance with article 4 of, and Schedule 3 to, the Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 1999(10), the Secretary of State has consulted with the Scottish Ministers.
In relation to the Regulations in Part 1 of this Instrument, the Secretary of State has, in accordance with section 134(2) of the 1984 Act and section 195(2) of the 1988 Act, consulted with such representative organisations as he thought fit.
Section 28 was amended by the Transport Act 2000 (c. 38), section 270(3). In relation to Scotland, the power to make regulations rests with Scottish Ministers, not the Secretary of State (see the Scotland Act 1998 (c.46) and in particular section 53 and the absence of a reservation in Schedule 5 (reserved matters), Section E1 (road transport) for section 28.)
The power in section 64(1) for Ministers acting jointly to make regulations now rests with the Secretary of State (see article 2(1) of the Transfer of Functions (Road Traffic) Order 1999 (SI 1999/3143)); by section 64(2A) (inserted by the Scotland Act 2012 (c. 11), section 21) the power to make regulations under section 64(1) in relation to the Scottish national speed limit rests with Scottish Ministers, not the Secretary of State.
Section 64(5) was amended by the Road Traffic (Consequential Provisions) Act 1988 (c. 42), Schedule 3, paragraph 25(3).
The reference to “the Secretary of State for the Environment, Transport and the Regions” was substituted for “the Secretary of State for Transport” by the Secretary of State for the Environment, Transport and the Regions Order 1997 (SI 1997/2971). The power for the Secretary of State for the Environment, Transport and the Regions, the Secretary of State for Wales and the Secretary of State for Scotland to make regulations acting jointly now rests with the Secretary of State (see article 2(2) of the Transfer of Functions (Road Traffic) Order 1999 (SI 1999 3143).
Section 65(1) was substituted by the New Roads and Street Works Act 1991 (c. 22), Schedule 8, Part 2, paragraph 48(2). The power in section 65(1) for Ministers acting jointly to give general directions now rests with the Secretary of State (see article 2(1) of the Transfer of Functions (Road Traffic) Order 1999 (SI 1999/3143)).
Section 65(1A) was inserted by the Road Traffic Act 1991 (c. 40), section 48, Schedule 4, paragraph 29.
Section 85(2) was amended by the New Roads and Street Works Act 1991 (c.22), Schedule 8, Part 2, paragraph 62(3) and the Infrastructure Act 2015 (c. 7), Schedule 1, Part 2, paragraph 89(2).
S.I. 1999/1750, to which there are amendments that are not relevant.