The Traffic Regulation Orders (Procedure) (Miscellaneous Amendments) (Scotland) Regulations 2021

Amendment of the Secretary of State’s Traffic Orders (Procedure) (Scotland) Regulations 1987

2.—(1) The Secretary of State’s Traffic Orders (Procedure) (Scotland) Regulations 1987(1) are amended in accordance with this regulation.

(2) In regulation 4(3), for “regulation 13” substitute “regulations 13 and 16”.

(3) In regulation 5(3), for “regulations 13 and 14” substitute “regulations 13 to 16”.

(4) In regulation 6(3), for “regulations 13 and 14” substitute “regulations 13 to 16”.

(5) In regulation 12(4), for “regulation 13” substitute “regulations 13, 15 and 16”.

(6) In regulation 14—

(a) in the cross-heading, for “experimental traffic” substitute “reserve power”,

(b) omit paragraph 1(a).

(7) After regulation 14, insert—

“Special provisions for experimental orders

15.— (1) Regulations 5 and 6 do not apply to an order under section 9 of the Act.

(2) No provision of an order under section 9 of the Act may come into force before the end of the period of 7 days beginning with the day on which a notice of making in relation to the order is published.

Special provisions for orders giving permanent effect to experimental orders

16.— (1) In this regulation—

“permanent order” means an order under any provision of the Act the sole effect of which is to reproduce and continue in force indefinitely the provisions of a relevant section 9 order, whether or not that relevant section 9 order has been varied by another order under section 9 of the Act, or has been modified or suspended under section 10(2) of the Act(2),

“relevant section 9 order”, in relation to a permanent order, means an order the provisions of which are to be reproduced and continued in force indefinitely by that permanent order.

(2) Regulations 4, 5 and 6 do not apply to a permanent order where—

(a) the provisions to be reproduced and continued in force have been in continuous operation for a period of not less than 6 months, and

(b) the requirements specified in paragraph (3) have been complied with in relation to each relevant section 9 order.

(3) The requirements are that—

(a) the notice of making in relation to each relevant section 9 order contained the statements specified in schedule 5,

(b) the requirements of these Regulations applicable to each relevant section 9 order have been met,

(c) no variation or modification of any relevant section 9 order was made more than 12 months after that order was made, and

(d) where any relevant section 9 order has been modified in accordance with section 10(2) of the Act, a statement of the effect of each such modification has been included with the documents deposited in accordance with schedule 3.

(4) In the application of regulations 7(2), 8 and 9 and Part III of schedule 1, to a permanent order, the notice of making in relation to each relevant section 9 order is to be treated as the notice of proposals in respect of the permanent order.

(5) In the application of regulations 7(2), 8, 9 and 12(1)(b) and Part III of schedule 1 to a permanent order, any objection made in accordance with the statement included by virtue of paragraph (3)(a) in the notice of making in relation to any relevant section 9 order is to be treated as an objection made under regulation 6 to the making of the permanent order.”.

(8) In schedule 3—

(a) in paragraph 1(d), omit “and if it be” to the end,

(b) omit “and” following paragraph 1(d),

(c) after paragraph 1(d), insert—

“(da) in the case of an experimental order under section 9 of the Act, a statement setting out the Scottish Ministers’ reasons for proceeding by way of experiment and whether they intend to consider continuing the effect of that order indefinitely by means of another order under the Act,”,

(d) after paragraph 1(e), insert—

“, and

(f) where applicable, the documents specified in regulation 16(3)(d).”,

(e) omit “and” following paragraph 2(b),

(f) in paragraph 2(c), after “making the order,” insert “unless it is an order under section 9 of the Act,”,

(g) after paragraph 2(c) insert—

“, and

(d) where the notice is a notice of making an order under section 9 of the Act, until the end of the period within which a person may object to the making of an order under the Act for the purpose of reproducing and continuing in force indefinitely the provisions of that section 9 order (see paragraph 2 of schedule 5).”.

(9) After schedule 4, insert—

Regulation 16(3)(a)

“SCHEDULE 5 STATEMENTS FOR INCLUSION IN A NOTICE OF MAKING RELATING TO AN ORDER UNDER SECTION 9

1.   That the Scottish Ministers will be considering in due course whether the provisions of the order should be continued in force indefinitely.

2.   That within a period of six months—

(a) beginning with the day on which the order comes into force, or

(b) if that order is varied by another order under section 9 of the Act or modified under section 10(2) of the Act, beginning with the day on which the variation or modification or the latest variation or modification comes into force,

any person may object to the making of the order for the purpose of such indefinite continuation.

3.   That any such objection must—

(a) be in writing,

(b) state the grounds on which it is made, and

(c) be sent to an address specified for this purpose in the notice of making.”.

(1)

S.I. 1987/2244.

(2)

Section 10(2) was substituted by paragraph 24 of schedule 8 of the New Roads and Street Works Act 1991 (c. 22).