The Local Roads Authorities' Traffic Orders (Procedure) (Scotland) Regulations 1987

PART I GENERAL

Citation, commencement and revocation

1.—(1) These Regulations may be cited as the Local Roads Authorities' Traffic Orders (Procedure) (Scotland) Regulations 1987 and shall come into force on 3rd February 1988 and shall apply in Scotland only.

(2) The Local Authorities' Traffic Orders (Procedure) (Scotland) Regulations 1969(1), the Local Authorities' Traffic Orders (Procedure) (Scotland) Amendment Regulations 1979(2) and the Local Authorities' Traffic Orders (Procedure) (Scotland) Amendment Regulations 1982(3) are hereby revoked.

Interpretation

2.—(1) In these Regulations the following expressions have the meanings hereby respectively assigned to them:—

“the Act” means the Road Traffic Regulation Act 1984;

“the authority” and “the council”, in relation to any order, means the local roads authority making, or proposing to make, the order under the Act or under section 36B(5) of the Road Traffic Act 1972(4) (as the case may be);

“consolidation order” means an order which revokes provisions of one or more existing orders, reproduces those provisions without any change in substance and makes no other provision, but so, however, that for the purpose of this definition the following shall not be regarded as a change in substance:—

(a)

the inclusion in the order (by way of an addition to the provisions of any existing order or orders) of an exemption required by the Local Authorities' Traffic Orders (Exemptions for Disabled Persons) (Scotland) Regulations 1971(5), in respect of a disabled person’s vehicle, or of a provision conferring on a traffic warden functions similar to those conferred by the existing order or orders on a police constable in uniform or of both such exemption and such provision, or

(b)

the substitution in the order in place of a prohibition or restriction in any existing order or orders, of a prohibition or restriction of the type specified in regulation 19(1)(b) or (c);

“Crown road” and “the appropriate Crown Authority” have the same meanings as in section 131(7) of the Act(6);

“the local roads authority” has the meaning given by paragraph (a) of the definition of “roads authority” in section 151(1) of the Roads (Scotland) Act 1984(7);

“the notice of proposals” and “the notice of making”, in relation to an order, mean respectively the notices required to be published under regulations 5 and 16;

“the objection period” means the period within which objections to an order may be made in accordance with regulation 6;

“the order” means, in relation to anything occurring or falling to be done before its making, the order as proposed to be made, and in relation to anything occurring or falling to be done on or after its making, the order as made; and “relevant map”, in relation to an order, means the map required to be prepared and kept in connection with that order by regulation 14.

(2) Any reference in these Regulations to an order under any particular section of the Act or under section 36B(5) of the Road Traffic Act 1972 includes a reference to an order varying or revoking an order made, or having effect as if made, under that section.

(3) In relation to an order under section 36B(5) of the Road Traffic Act 1972 any reference in these Regulations to Part I or III of Schedule 9 to the Act shall be construed as a reference to that Part as applied by section 36B(7)(c) of the said Act of 1972(8).

(4) Except where otherwise expressly provided, any reference in these Regulations to a numbered regulation or schedule is a reference to the regulation or schedule bearing that number in these Regulations and a reference in a regulation to a numbered paragraph is a reference to the paragraph bearing that number in that regulation.

Application of Regulations

3.—(1) These Regulations apply to orders made or proposed to be made by a local roads authority under any of the following provisions of the Act, that that is to say, sections 1 to 3, 9, 19, 29, 32, 35, 37, 38, 45, 46, 49(2) and (4), 83(2) and 84, or under section 36B(5) of the Road Traffic Act 1972.

(2) Except where otherwise stated, each regulation applies to every such order.

(3) Except where otherwise stated, these Regulations apply to an order under any of the above-mentioned provisions of the Act or of the said Act of 1972 made or proposed to be made by such a local roads authority in pursuance of a direction of the Secretary of State under paragraphs 1 and 2 of Schedule 9 to the Act in the same way as it applies to an order in relation to which no such direction has been given.

(4) Where in connection with any order to which these Regulations apply some, but not all, of the necessary procedural steps have been taken before the coming into force of these Regulations, then the remaining procedural steps in connection with that order shall be determined by, and carried out in accordance with, these Regulations, as nearly as may be.

PART II PROCEDURE BEFORE MAKING THE ORDER

Consultation

4.—(1) Before making the order the authority shall—

(a) where the order relates to a Crown road, consult with the appropriate Crown authority for that road, and

(b) in all cases consult with one or more organisations representing persons who use any road to which the order relates or are likely to be otherwise affected by any provisions of the order, unless it appears to the authority that there is no such organisation which can appropriately be consulted.

(2) The consultations referred to in paragraph (1) of this regulation are additional to the consultation with the chief officer of police required by paragraph 20 of Schedule 9 to the Act and any other consultation required by the Act.

(3) This regulation has effect subject to regulations 17 and 19.

Publication of proposals

5.—(1) After the consultations referred to in regulation 4 but before making the order the authority shall—

(a) publish once at least in a local newspaper circulating in the area in which any road or other place to which the order relates is situated a notice of proposals containing the particulars specified in Part I of Schedule 1;

(b) publish a similar notice in the Edinburgh Gazette;

(c) comply with the relevant requirements of Schedules 2 and 3 as to the notices to be displayed in each road or other place to which the order relates and as to the availability of documents for inspection.

(2) This regulation has effect subject to regulations 17, 18 and 19 below.

Objections

6.—(1) The period during which objections to the order can be made shall begin not earlier than the date on which the authority have complied with the requirements of paragraph (1)(a) and (b), and have begun to display the notices required by paragraph (1)(c), of the last foregoing regulation, and shall continue, in the case of orders under section 83(2) or 84(1) of the Act, for not less than 28 days, and in the case of all other orders, for not less than 21 days.

(2) Any person desiring to object to the authority’s proposal to make the order shall send within the period, and to the address, specified in the notice of proposals published as required by the last foregoing regulation a written statement of his objection and of the grounds thereof.

(3) This regulation has effect subject to regulations 17, 18 and 19 below.

Hearing of objections

7.—(1) Before making any order to which these Regulations apply the authority may hold a public hearing in connection with that order and the authority shall hold such a hearing before making the order in the following cases:—

(a) where the order is—

(i) an order under section 1, 37 or 45 of the Act which contains a provision which prohibits, or has the effect of prohibiting, the loading or unloading of vehicles in any road either at all times or for any period of time unless such period falls wholly between 0800 hours and 0930 hours or between 1630 hours and 1830 hours in any day, or

(ii) an order under section 9 of the Act which contains a provision such as is mentioned in head (i) of this sub-paragraph and which is proposed to be made within 6 months of the date on which a previous order under section 9 of the Act containing a similar provision as respects that road ceased to be in force, and an objection to that provision in the order is made by any person in accordance with regulation 6 above and is not withdrawn;

(b) where the order is—

(i) an order under section 1, 37 or 45 of the Act which contains a provision for requiring vehicular traffic generally, or vehicular traffic of any class, to proceed on a road in a specified direction, or for prohibiting such traffic from so proceeding, or

(ii) an order under section 9 of the Act which contains a provision for requiring vehicular traffic generally, or vehicular traffic of any class, to proceed on a road in a specified direction, or for prohibiting such traffic from so proceeding, and which is proposed to be made within 6 months of the date on which a previous order under section 9 of the Act containing a similar provision as respects that road ceased to be in force, or

(iii) an order under section 19 of the Act which provides that any road shall not be used either at all times or for a limited period or periods in the year by public service vehicles or such vehicles of a specified class,

and an objection to that provision in the order is made in accordance with regulation 6 by a person who provides a relevant service on any road to which the order relates, and is not withdrawn; and

(c) where the order is one which requires the consent of the Secretary of State under paragraph 13 of Schedule 9 to the Act, and he has notified the authority that he will not be willing to consider giving his consent to the making of the order until a public hearing has been held by the authority in connection with it.

(2) Hearings may be held by the council or by a committee or sub-committee thereof, if the authority so decide, or by an independent person appointed by the council.

(3) If the authority decide that the objectors shall be heard by an independent person the authority shall appoint for the purpose a suitable person, not being a member of such local roads authority or of any committee or sub-committee thereof or a person in the employment of the authority.

(4) Any hearing shall be held in public.

(5) For the purposes of paragraph (1)(b) “a relevant service” means—

(a) a service which is a local service within the meaning of the Transport Act 1985(9); or

(b) a service for the carriage of passengers for hire or reward at separate fares which is not—

(i) a local service (within the meaning aforesaid); or

(ii) a service in relation to which the conditions set out in Part III of Schedule 1 to the Public Passenger Vehicles Act 1981(10) are met in respect of each journey made by the vehicles used in providing the service.

Notice of public hearing

8.—(1) Where a hearing is to be held in accordance with the provisions of this Part of these Regulations the authority shall forthwith give notice in writing to any person by whom objection has been made informing him that, if within such period, not being less than 14 days, as is specified in the notice, he intimates that he so desires, an opportunity will be afforded him of being heard in support of his objection.

(2) If any objector given such notice intimates his desire to be heard the authority shall notify him in writing of the arrangements for the hearing not less than 21 days before the date on which the hearing is to take place and, where the hearing is to take place before the council or a committee or sub-committee thereof, the notice of any meeting of the said council, committee or sub-committee at which an objection is to be heard in pursuance of this regulation shall specify the hearing as an item of business.

(3) Where a hearing is to take place before an independent person in accordance with the provisions of this Part of the Regulations the authority shall, in addition, not less than 21 days before the date on which the hearing is due to begin—

(a) publish once at least in a local newspaper circulating in the area in which any road or other place to which the order relates is situated a notice of the hearing containing the particulars specified in Part II of Schedule 1;

(b) publish a similar notice in the Edinburgh Gazette; and

(c) comply with the relevant requirements of Schedules 2 and 3 as to the display of notices in each road or other place to which the order relates and as to the availability of documents for inspection.

Procedure at public hearing

9.—(1) Where a hearing takes place in accordance with the provision of this Part of these Regulations any objector afforded an opportunity of being heard or, where the hearing is held before an independent person, any person interested in the subject matter of the hearing may be heard either in person or by counsel, solicitor or other representative.

(2) Any person so interested may, whether or not he proposes to appear at the hearing, send to the independent person appointed to hold the hearing such written representations as he may wish to make with a view to their consideration by that person at the hearing.

(3) The council, committee or sub-committee or the independent person, as the case may be, may refuse to hear any person, or to allow to be put forward for consideration at the hearing any objection or representation made by any person, if they are or he is satisfied that the views of that person or the objection or representation are frivolous or that such views have already been adequately stated by some other person at the hearing.

Consent of the Secretary of State

10.  Where the order is one which under paragraph 13 of Schedule 9 to the Act requires the consent of the Secretary of State, the authority’s application to him for such consent shall be accompanied by copies of such of the documents specified in Schedule 4 as may be applicable.

Consideration of objections

11.  Before making the order the authority shall consider all objections duly made in accordance with regulation 6 and not withdrawn and, where a hearing has taken place in accordance with the provisions of this Part of these Regulations, shall further consider—

(a) any representations in respect thereof which have been heard by the council, or a committee or sub-committee thereof, or independent person appointed by the council;

(b) any report or recommendation made by a committee or sub-committee of the council or by an independent person.

Modifications

12.—(1) The authority shall not make the order with modifications where—

(a) any of the modifications would involve a departure from the order in the form to which the Secretary of State or Crown authority have given their consent; or

(b) in a case where under paragraph 1 and 2 of Schedule 9 to the Act the Secretary of State has directed the authority to make the order, any of the modifications would involve a departure from the form in which he has directed the order to be made; or

(c) in a case where the consent of the Secretary of State is not required by or under paragraph 13 of Schedule 9 to the Act, any of the modifications would extend the application of the order or increase the stringency of any prohibition or restriction contained in it;

but subject as aforesaid the authority may make the order with modifications, whether in consequence of any objections or otherwise.

(2) Where the Secretary of State proposes to consent to the order with modifications which appear to him substantially to affect the character of the order as submitted to him, the authority shall, before making the order, take such steps as the Secretary of State may require for informing the persons likely to be concerned of the effect of the modifications, for giving to those persons an opportunity to make representations in connection therewith and for ensuring that any such representations are duly considered by the authority and (if he so requests) by the Secretary of State.

Special provisions for transmission of documents to Secretary of State in certain cases

13.  Where the order is one in connection with which the holding of a public hearing is required by regulation 7(1)(a) or (b) above and the authority decide to make the order in a form which includes any provision at variance with the recommendations of the committee, sub-committee or independent person who held the hearing, they shall—

(a) before making the order, send to the Secretary of State a copy of the order as proposed to be made, a copy of the relevant map, a copy of the report and recommendations made following the hearing and a statement of the authority’s reasons for not accepting the relevant recommendations;

(b) at the same time as they send to the Secretary of State the documents specified above, give written notification of this fact to each person who has duly objected to the order in accordance with regulation 6 above and has not withdrawn his objection;

(c) not make the order before the expiration of one month from the date on which the said documents were sent to the Secretary of State, unless he gives the authority earlier notification that he has no observations to make about the order.

PART III THE FORM OF THE ORDER

The relevant map

14.—(1) The authority shall prepare and keep in connection with the order a map on a scale of not less than 6 inches to 1 mile which clearly indicates by distinctive colours, symbols or markings—

(a) each road to which the order relates;

(b) in a case where any provision of the order prohibits the use of a road by all vehicles, or by all vehicles of a particular class, the alternative route available for the vehicles to which the provision applies; and

(c) in a case where the order does not relate to a road, the location of the site or other place to which the order applies and the relationship of that site or place to adjacent roads and premises.

(2) Except in the case of an order under section 38 of the Act, it shall not be obligatory for the text of the order to make any specific reference to the relevant map or for that map to be made a part of the order.

(3) Where the relevant map is neither specifically referred to in the text of the order nor made a part of the order, the map shall be for purposes of illustration only and the matter indicated on it shall not prevail over the actual text of the order in the event of any discrepancy between the map and the text.

(4) None of the foregoing paragraphs of this regulation applies to—

(a) an order which provides only for the revocation of the provisions of any previous order; or

(b) an order which relates only to a parking place and provides only for the variation of any one or more of the following matters, namely:—

(i) the charges for the use of the parking place,

(ii) the time limits applicable to such use,

(iii) the classes of vehicle which may use the parking place,

(iv) the conditions applicable to the use of the parking place by vehicles.

Operative date of order

15.—(1) The order shall specify the date on which it comes into force or, in a case where different operative dates are provided for different provisions of the order, each of the dates on which a provision of the order comes into force.

(2) No date on which an order, or a provision of an order, comes into force shall be earlier than the date on which the notice of the making of the order is published in the local newspaper under regulation 16 below.

PART IV MAKING THE ORDER AND SUBSEQUENT PROCEDURE

Notice of making the order

16.—(1) When the authority have made the order they shall—

(a) forthwith give notice in writing of the making of the order to the chief constable of the police area in which any road or other place to which the order relates is situated;

(b) notify in writing each person, who has duly objected to the order in accordance with regulation 6 and has not withdrawn his objection, of the authority’s reasons for making the order in spite of the objection;

(c) within 14 days of the making of the order publish once in a local newspaper circulating in the area in which any road or other place to which the order relates is situated a notice of the making of the order containing the particulars specified in Part III of Schedule 1;

(d) within the same period publish a similar notice in the Edinburgh Gazette;

(e) comply with the relevant requirements of Schedule 3 as to the availability of documents for inspection;

(f) where the order relates to any road, forthwith take such steps as are necessary to secure—

(i) the erection on or near the road of such traffic signs in such positions as the authority may consider requisite for the purpose of securing that adequate information as to the effect of the order is given to persons using the road, and

(ii) in a case where the order contains provisions for revoking, or altering the application of, a previous order, such removal or replacement of existing traffic signs as the authority may consider requisite for the purpose of avoiding confusion to users of the road or the continuance of traffic signs in incorrect positions;

(g) where the road is a Crown road, consult with the appropriate Crown authority before carrying out any of the requirements at sub-paragraph (f) of this paragraph.

(2) This regulation has effect subject to regulation 17 below.

PART V SPECIAL PROCEDURAL PROVISIONS FOR CERTAIN ORDERS

Special provisions for consolidation orders

17.—(1) Regulations 4(1)(a) and (c), 5 and 6 shall not apply to a consolidation order and regulation 16 shall have effect in relation to such an order with the following modifications, namely, that the particulars to be contained in the notice of the making of the order shall consist only of—

(a) the name of the authority;

(b) the title of the order;

(c) a statement of the titles of the orders the provisions of which are reproduced in the consolidation order;

(d) in a case where the consolidation order contains a substitution of the type specified in regulation 19(1)(b) or (c), a statement of the prohibitions or restrictions which have been replaced by the consolidation order;

(e) the operative date or dates of the order; and

(f) the items numbered 5 and (if appropriate) 6 in Part III of Schedule 1 to these Regulations.

(2) A consolidation order shall be framed so as to come into force on a date not less than 14 days after the publication in the local newspaper of the notice of the making of the order.

Special provisions for certain experimental traffic orders

18.—(1) This regulation applies to the following orders:—

(a) an order under section 9(1) of the Act which provides only for one or more of the following matters:—

(i) the revocation of an order made, or having effect as if made, under the said section 9(1);

(ii) the variation of an order made, or having effect as if made, under the said section 9(1) so as to reduce the extent of its application or the stringency of any prohibition or restriction imposed by it;

(b) an order under section 9(4) of the Act.

(2) Regulations 5 and 6 shall not apply to any order to which this regulation applies.

Special provisions for certain variation orders

19.—(1) Regulations 4(1)(a) and (c), 5 and 6 shall not apply—

(a) to an order the sole effect of which is to vary an order under section 1, 9, 35, 45 or 46 of the Act so as to include in the order being varied an exemption in respect of a disabled person’s vehicle of the same kind as is mentioned in regulation 4 of the Local Authorities' Traffic Orders (Exemption for Disabled Persons) (Scotland) Regulations 1971 or a provision conferring on a traffic warden functions similar to those conferred by the order on a police constable in uniform, or both such exemption and such provision;

(b) to an order the sole effect of which is to vary an order made under section 1 or 9 of the Act so as to substitute for a prohibition or restriction on the use of vehicles the weight of which (however described) exceeds a weight expressed in imperial units an identical prohibition or restriction on the use of vehicles the weight of which exceeds the metric weight equivalent to that weight; or

(c) to an order the sole effect of which is to vary an order made under section 1 or 9 of the Act so as to substitute for a prohibition or restriction on the use of vehicles the weight of which exceeds a specified unladen weight an identical prohibition or restriction on the use of vehicles the weight of which exceeds the corresponding maximum gross weight.

(2) For the purpose of this regulation a metric weight is equivalent to any weight expressed in imperial units where it is the metric equivalent of that weight (calculated by reference to the approximate values shown in Part I of Schedule 3 to the Units of Measurement Regulations 1980(11) but expressed in tonnes either to the nearest tonne or to the nearest 0.5 tonne.

(3) In this regulation—

“the corresponding maximum gross weight” means the maximum gross weight expressed in metric units specified in Column 2 of Schedule 5 opposite the corresponding specified unladen weight;

“maximum gross weight” has the same meaning as in the Traffic Signs Regulations and General Directions 1981(12); and “specified unladen weight” means one of the weights specified in Column 1 of Schedule 5 expressed in imperial units or the metric weight equivalent to any of those weights.

James Douglas-Hamilton

Parliamentary Under Secretary of State, Scottish Office

New St Andrew’s House,

Edinburgh

20th December 1987