The Road Traffic Regulation (Northern Ireland) Order 1997

Articles 10(7), 13(18) and 15(7).

SCHEDULE 4 N.I. ORDERS UNDER ARTICLE 10, 13 OR 15

1.  The Department shall comply with paragraphs 2 and 3 before making an order under Article 10, 13 or 15 unless the sole effect of the order is to vary charges or to revoke or reproduce provisions of previous orders. N.I.

2.  The Department shall consult such persons as the Department considers appropriate. N.I.

3.—(1) The Department shall publish in a newspaper circulating in the [F1 district] in which any parking place to which the order relates is situated a notice including the particulars specified in sub-paragraph (2). N.I.

(2) The particulars which the notice must contain are—

(a) the title of the order;

(b) a statement of the general nature and effect of the order;

(c) the name or a brief description of the road (unless it is an off-street parking place) and the parking place to which the order will apply;

(d) an addressF1 . . . where a copy of the draft order and any relevant map or plan may be inspected by any person free of charge at all reasonable hours during the period mentioned in head (e); and

(e) the period during which, and the address to which, objections or other representations may be made, and a statement that all objections or other representations must be in writing and must specify the grounds on which they are made.

(3) The period specified under sub-paragraph (2)(e) shall not be less than 21 days from the date of the publication or last publication of the notice.

(4) If the order is an order under Article 10 or 15, the Department shall, in addition to publishing a notice under sub-paragraph (1), take such other steps as appear to the Department reasonably practicable for the purpose of bringing specifically to the knowledge of the occupiers of land adjacent to the parking place the particulars specified in sub-paragraph (2).

(5) The Department shall consider any objections or other representations in respect of the draft order made within the period specified under sub-paragraph (2)(e).

F1 2005 NI 14

4.  F2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . N.I.

F2 Sch. 4 para. 4 repealed (14.8.2010) by Roads (Miscellaneous Provisions) Act (Northern Ireland) 2010 (c. 14), ss. 8(2), 9(1), Sch. 3

5.  The Department may make an order under Article 10, 13 or 15 with or without omissions and other modifications. N.I.

6.  Where the Department makes an order under Article 10, 13 or 15, it shall— N.I.

(a) notify—

(i) any person consulted under paragraph 2; and

(ii) any person who made objections or other representations in accordance with paragraph 3; and

(b) publish in a newspaper circulating in the[F3 district] in which any parking place to which the order relates a notice stating that the order has been made.

F3 2005 NI 14

7.—(1) Where the department makes an order under Article 13 or 15 the sole effect of which is to vary charges, the Department shall publish at least 21 days before the order comes into operation in a newspaper circulating in the [F4 district] in which any parking place to which the order relates is situated a notice including the particulars specified in sub-paragraph (2). N.I.

(2) The particulars which the notice must contain are—

(a) the date on which the order comes into operation;

(b) the particulars described in paragraph 3(2)(a) to (c);

(c) the charges payable before the order comes into operation;

(d) the charges payable after the order comes into operation.

F4 2005 NI 14

[F5 8   Paragraphs 1 to 7 apply in relation to orders under Article 13 made by a district council as they apply in relation to orders under that Article made by the Department, but with the substitution for references to the Department of references to the council.] N.I.

F5 Sch. 4 para. 8 inserted (1.4.2015) by Off-street Parking (Functions of District Councils) Act (Northern Ireland) 2015 (c. 3), art. 1(8), Sch. para. 4(5)