Part IVE+W+S Variation or Revocation of Certain Orders
Modifications etc. (not altering text)
C1Pt. IV (paras. 27–29) applied by Road Traffic Act 1988 (c. 52, SIF 107:1), s. 19A(7) (as inserted by Road Traffic (Consequential Provisions) Act 1988 (c. 54, SIF 107:1), s. 4, Sch. 2 para. 22(1))
C2Sch. 9 Pt. IV applied (with modifications)(6.3.1992) by Aberdeen Harbour Order Confirmation Act 1992 (c. ii), s. 1, Sch. s. 3(2).
27(1)Subject to sub-paragraph (2) below, any power to make an order as respects any road or parking place conferred by or by virtue of any of the following provisions of this Act, namely, sections 1, 6, 9, [F114][F216A]19, 29, F3 . . .32, 35, 37, 38, 45, 46, 49(2) and (4), 50, 53, 83 and 84 and paragraph 7 of this Schedule, shall include power for the authority for the time being having power to make such an order as respects that road or parking place to make an order varying or revoking any previous order as respects that road or parking place made, or having effect as if made, under or by virtue of the provision in question, whether the previous order was made by that or some other authority, and notwithstanding that the previous order was, and the order varying or revoking it is not, made in pursuance of a power exercisable by statutory instrument.
(2)Sub-paragraph (1) above shall have effect—
(a)subject to sections 39(6), F4. . . and 59(6) of this Act, and
(b)without prejudice to section 50(6) of this Act.
Textual Amendments
F1Figure in Sch. 9 para. 27(1) inserted (1.7.1992) by Road Traffic (Temporary Restrictions) Act 1991 (c. 26, SIF 107:1), s. 1(4); S.I. 1992/1218, art. 2
F2Words in Sch. 9 para. 27(1) inserted (3.5.1994) by 1994 c. 11, s. 3(1), Sch. para. 5(2)
F3In Sch. 9 para. 27(1), reference to s. 30 repealed (1.11.1991) by New Roads and Street Works Act 1991 (c. 22, SIF 59, 108), s. 168(1)(2), Sch. 8 para. 80(7), Sch. 9; which repeal is in force for Scotland only by S.I. 1991/2286, art. 2(2), Sch. 2 and for England and Wales only by S.I. 1991/2288, art. 3, Sch.
F4Words in Sch. 9 para. 27(2) substituted (1.4.1996) by 1994 c. 19, ss. 22(1), 66(8), Sch. 7 Pt. II para. 38(11)(c), Sch. 18 (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 22(3)); S.I. 1996/396, art. 3, Sch. 1
28E+W+SFor the avoidance of doubt it is hereby declared that, subject to Part II of this Schedule, the power to vary or revoke an order made under or by virtue of any of the provisions referred to in paragraph 27(1) above extends to the variation or revocation of any such order in connection with the provision in question as is mentioned below, notwithstanding that it was made by, or by direction of, the Secretary of State, that is to say—
(a)an order made in pursuance of a direction under paragraph 2 of this Schedule;
(b)except where the provision in question is section 45, 46, 49, 50 or 53 of this Act, an order made by virtue of paragraph 3 of this Schedule;
(c)where the provision in question is section 45, 46, 49 F5. . . or 53 of this Act an order which is made by virtue of paragraph 3 of this Schedule and relates to a parking place for the time being controlled by the local authority within the meaning of section 45 of this Act F5. . . ; F6. . .
(d)an order under paragraph 7 of this Schedule [or].
[F7(e)an order under section 34 of the Deregulation and Contracting Out Act 1994.]
Textual Amendments
F5 “, 50" repealed by Local Government Act 1985 (c. 51, SIF 81:1), ss. 1, 102(2)(3), Sch. 17
F6Word in Sch. 9 para. 28(c) repealed (3.11.1994) by 1994 c. 40, ss. 81, 82(3), Sch. 17
F7Sch. 9 para. 28(e) and word “or" immediately preceding it inserted (3.11.1994) by 1994 c. 40, ss. 39, 82(3), Sch. 11 para. 5
29E+W+SNothing in paragraph 8 of this Schedule shall prevent the exercise by the Secretary of State of the power to revoke any order made by him under paragraph 7 of this Schedule.