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Statutory Instruments

1993 No. 35

ROAD TRAFFIC

The Road Traffic Regulation Act 1984 (Amendment) Order 1993

Made

13th January 1993

Coming into force

23rd January 1993

Whereas a draft of the following Order has been approved by resolution of each House of Parliament:

Now, therefore, the Secretary of State for Transport, as respects England, the Secretary of State for Wales, as respects Wales and the Secretary of State for Scotland, as respects Scotland, in exercise of the powers conferred by section 124 of and paragraph 15 of Schedule 9 to the Road Traffic Regulation Act 1984(1), and of all other enabling powers, hereby make the following Order:—

1.—(1) This Order may be cited as the Road Traffic Regulation Act 1984 (Amendment) Order 1993 and shall come into force on the tenth day after the day on which it is made.

(2) In this Order “the Act” means the Road Traffic Regulation Act 1984 and “Schedule 9” means Schedule 9 to the Act.

2.—(1) The Secretary of State hereby removes from the orders for which his consent would otherwise be required by virtue of paragraph 13 or paragraph 14 of Schedule 9 any order which contains no provision falling within paragraphs (a) to (f) of sub-paragraph (1) of paragraph 13 of Schedule 9 other than a provision—

(a)directing that a principal road shall be, or cease to be, a restricted road for the purposes of section 81 of the Act; or

(b)being, in the case of an order for the purposes of section 84(1) of the Act, a provision applying to a principal road.

(2) Expressions used in sub-paragraphs (a) and (b) of paragraph (1) above have the same meaning as in Schedule 9.

(3) In consequence of the preceding provisions of this article, in sub-paragraph (1) of paragraph 13 of Schedule 9, paragraph (c) and sub-paragraph (i) of paragraph (d) shall cease to have effect.

John MacGregor

Secretary of State for Transport

7th January 1993

James Douglas Hamilton

Parliamentary Under-Secretary of State Scottish Office

13th January 1993

David Hunt

Secretary of State for Wales

8th January 1993

Explanatory Note

(This note is not part of the Order)

This Order amends Schedule 9 to the Road Traffic Regulation Act 1984.

The 1984 Act enables local authorities to make various orders for regulating traffic, including orders regulating the speed of vehicles on roads other than trunk roads. Paragraphs 13 and 14 of Schedule 9, however, provide that certain orders cannot be made without the consent of the Secretary of State.

Previously an order imposing, varying or cancelling a speed limit on a principal road (as defined in paragraph 19 of the Schedule), could not be made without the consent of the Secretary of State. As a result of this Order that will no longer be the case.

(1)

1984 c. 27. Paragraphs 13 and 14 of Schedule 9 were amended by the Local Government Act 1985 (c. 51), section 8 and Schedule 5, and paragraph 13 was further amended by paragraph 37 of Schedule 4 to the Road Traffic Act 1991 (c. 40). There are other amendments to paragraph 13 which are not relevant to this Order.