The Traffic Orders Procedure (Coronavirus) (Amendment) (England) Regulations 2020

Amendments to the Secretary of State’s Traffic Orders (Procedure) (England and Wales) Regulations 1990

4.—(1) The Secretary of State’s Traffic Orders (Procedure) (England and Wales) Regulations 1990(1) are amended as follows.

(2) In regulations 4 and 12 (preliminary), after “particular orders)” insert “and Part VI”.

(3) In regulation 19 (special provisions for orders giving permanent effect to experimental orders), in paragraph (3)(c) after “available for inspection” insert “, subject to Part VI,”.

(4) After Part V (transitional provisions) insert—

“PART VI TEMPORARY PROVISIONS APPLICABLE DURING THE CORONAVIRUS PANDEMIC

Interpretation

25.   In this Part “coronavirus” means severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2).

Alternative publication and inspection requirements

26.— (1) Paragraph (2) applies where—

(a) the Secretary of State or the strategic highways company is required to publish a notice in a local newspaper in accordance with regulation 6(1)(a), 8(2)(a) or 14(1)(c); and

(b) the Secretary of State or, as the case may be, the strategic highways company considers that it would not be reasonably practicable to do so for reasons connected to the effects of coronavirus, including restrictions on movement.

(2) Where this paragraph applies, a notice under those regulations must be published using such alternative arrangements as the Secretary of State or, as the case may be, the strategic highways company considers appropriate for the purpose of informing persons likely to be affected by its provisions.

(3) Without prejudice to the generality of paragraph (2), such alternative publishing arrangements may include—

(a) online publication, including websites, online newspapers, email communication, or social media;

(b) leaflet distribution;

(c) letter delivery, by post or otherwise.

(4) Where a notice is published in accordance with paragraph (2), regulations 13 and 18, paragraph 3 of Part II of Schedule 2 and paragraph 3 of Schedule 3 have effect, in so far as they apply to the notice, as if “in a local newspaper” or, as the case may be, “in the local newspaper” were substituted with “in accordance with regulation 14(1)(c)”.

(5) Paragraph (6) applies—

(a) where the Secretary of State or, as the case may be, the strategic highways company is —

(i) required by regulation 6(1)(d) or 8(2)(e) to comply with the relevant requirements of Schedule 2 as to the notices to be displayed in each road to which an order relates; or

(ii) required by regulation 6(1)(e), 8(2)(f), 14(1)(e) or 19(3)(c) to comply with the relevant requirements of Schedule 3 as to the availability of documents for inspection; and

(b) the Secretary of State or the strategic highways company considers that it would not be reasonably practicable to comply with paragraphs 1 or 2 of Part II of Schedule 2 or, as the case may be, paragraph 1 of Schedule 3, for reasons connected to the effects of coronavirus including restrictions on movement.

(6) Where this paragraph applies, the Secretary of State or the strategic highways authority must make appropriate alternative arrangements for—

(a) displaying the required notices;

(b) making the documents specified in paragraph 1 of Schedule 3 and, as the case may be, documents specified in regulation 19(3)(b) and (d) available for public inspection.

Expiry

27.   Regulations 25 and 26 cease to have effect at the end of 30th April 2021.

Transitional provisions

28.— (1) Paragraph (2) applies where—

(a) a notice is required to be—

(i) published under regulation 6(1)(a), 8(2)(a) or 14(1)(c); or

(ii) displayed in accordance with the requirements of Schedule 2 under regulation 6(1)(d) or 8(2)(e),

and the notice has been published or displayed by virtue of regulation 26 on or before 30th April 2021.

(2) Where this paragraph applies, the notice is to be treated after that date as having been published or displayed under those regulations as if they had not been modified by regulation 26.

29.— (1) Paragraph (2) applies where documents—

(a) are required to be available for inspection in compliance with the requirements of Schedule 3 under regulation 6(1)(e), 8(2)(f), 14(1)(e) or 19(3)(c); and

(b) have been made so available by virtue of regulation 26 on or before 30th April 2021.

(2) Where this paragraph applies the documents are to be treated after that date as having been made available for inspection under those regulations as if they had not been modified by regulation 26.”.

(1)

S.I. 1990/1656, amended by S.I. 2015/377. There are other amendments which are not relevant.