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F1[(1) The traffic authority for a road may, for the purposes of carrying out an experimental scheme of traffic control, make an order under this section (referred to in this Act as an “ experimental traffic order ”) making any such provision—
(a)as respects a road outside Greater London, as may be made by a traffic regulation order;
(b)as respects a road in Greater London, as may be made by an order under section 6, 45, 46, 49, [F2or 83(2) or by virtue of section 84(1)(a)]] of this Act.
F3[(2)An experimental traffic order made by a local traffic authority outside Greater London may, with the consent of the Secretary of State [F4or a strategic highways company], extend to a road in relation to which he [F5or it] is the traffic authority if the order forms part of a scheme of general traffic control relating to roads of which at least one has a junction with the length of road in question.
(2A)In the case of a road in Greater London for which the Secretary of State [F6or a strategic highways company] is the traffic authority, the power to make an order under this section is also exercisable, with his [F7or its] consent, by the local traffic authority.]
(3)An experimental traffic order shall not continue in force for longer than 18 months.
(4)Subject to Parts I to III of Schedule 9 of this Act, where—
(a)an experimental traffic order has been made for a period of less than 18 months, and
(b)the order has not ceased to be in force,
the authority by whom the order was made may from time to time by order direct that it shall continue in force for a further period ending not later than 18 months after it first came into force.
(5)Where an experimental traffic order made by [F8a London borough council or the Common Council of the City of London] has not ceased to be in force, and the Secretary of State is satisfied that—
(a)an order which [F8the council] propose to make under any of the provisions of this Act specified in subsection (1)(b) above has the sole effect of reproducing and continuing in force indefinitely the provisions of the experimental traffic order (whether or not that order has been varied, or has been modified or suspended under section 10(2) of this Act), and
(b)in consequence of [F8the council] causing a public inquiry to be held into the order so proposed to be made, they would be unable to make it so that it would come into operation before the experimental traffic order ceases to be in force,
the Secretary of State may, at the request of [F8the council], from time to time direct that the experimental traffic order shall continue in force for a further period not exceeding 6 months from the date when it would otherwise cease to be in force.
F9[(5A)So much of section 4(1) or 7(1) of this Act as provides for a presumption that a traffic sign is lawfully placed shall apply for the purposes of an order under this section making any such provision as is referred to in that subsection.]
(6)In this section and section 10 of this Act “road ”, in relation to Greater London, includes any street as defined by section 6(6) of this Act.
Textual Amendments
F1S. 9(1) substituted (1.11.1991) by New Roads and Street Works Act 1991 (c. 22, SIF 59, 108), s. 168(1), Sch. 8 para. 23(2); which substitution 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.
F2Words in s. 9(1)(b) substituted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 48, Sch. 4, para. 24; S.I. 1992/1286, art. 2,Sch.
F3S. 9(2)(2A) substituted (1.11.1991) for s. 9(2) by New Roads and Street Works Act 1991 (c. 22, SIF 59, 108), s. 168(1), Sch. 8 para. 23(3); which substitution 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 s. 9(2) inserted (5.3.2015) by Infrastructure Act 2015 (c. 7), s. 57(1), Sch. 1 para. 74(2)(a); S.I. 2015/481, reg. 2(a)
F5Words in s. 9(2) inserted (5.3.2015) by Infrastructure Act 2015 (c. 7), s. 57(1), Sch. 1 para. 74(2)(b); S.I. 2015/481, reg. 2(a)
F6Words in s. 9(2A) inserted (5.3.2015) by Infrastructure Act 2015 (c. 7), s. 57(1), Sch. 1 para. 74(3)(a); S.I. 2015/481, reg. 2(a)
F7Words in s. 9(2A) inserted (5.3.2015) by Infrastructure Act 2015 (c. 7), s. 57(1), Sch. 1 para. 74(3)(b); S.I. 2015/481, reg. 2(a)
F8Words in s. 9(5) substituted by Local Government Act 1985 (c. 51, SIF 81:1), ss. 1, 2, 8(1), Sch. 5 para. 4(4)
F9S. 9(5A) inserted (1.11.1991) by New Roads and Street Works Act 1991 (c. 22, SIF 59, 108), s. 168(1), Sch. 8 para. 23(4); which insertion 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.
Modifications etc. (not altering text)
C1Pt. 1 applied (E.W.) (20.12.2023) by The York and North Yorkshire Combined Authority Order 2023 (S.I. 2023/1432), arts. 1(2), 17(3)
C2S. 9 restricted by Local Government Act 1985 (c. 51, SIF 81:1), ss. 1(2), 8(2), Sch. 5 para. 6(3)
C3S. 9 restricted by Local Government Act 1985 (c. 51, SIF 81:1), s. 8(2), Sch. 5 para. 12
S. 9 restricted (4.1.1995) by 1994 c. 39, ss. 7(2), 44(2); S.I. 1994/2850, art. 3(a), Sch. 2
C4S. 9 modified (1.7.1992) by S.I. 1992/1217, reg. 3(1)(c) (with reg. 11)
S. 9 modified (1.7.1992) by S.I. 1992/1217, reg.5 (with reg. 11).
C5S. 9: power to make orders extended (S.) (1.4.2002) by The Forth Estuary Transport Authority Order 2002 (S.S.I. 2002/178), art. 9
C6S. 9: functions made exercisable (E.W.) (8.5.2017) by The Liverpool City Region Combined Authority (Functions and Amendment) Order 2017 (S.I. 2017/430), arts. 1(3), 17(1)(c)
C7S. 9: functions made exercisable concurrently (E.W.) (30.1.2021) by The West Yorkshire Combined Authority (Election of Mayor and Functions) Order 2021 (S.I. 2021/112), arts. 1(2), 20(1)(c)(2)-(7)
C8S. 9: functions made exercisable concurrently (E.W.) (20.12.2023) by The York and North Yorkshire Combined Authority Order 2023 (S.I. 2023/1432), arts. 1(2), 17(1)(2) (with art. 17(7))
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