Road Traffic Regulation Act 1984

Section 124.

SCHEDULE 9 E+W+S Special Provisions as to certain Orders

Modifications etc. (not altering text)

C1 Sch. 9: transfer of functions (23.3.2005) by The Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 2005 (S.I. 2005/849), art. 2, Sch. (with art. 6)

C2 Sch. 9 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)

Part I E+W+S Reserve Powers of [F1 national authority]

Textual Amendments

F1 Words in Sch. 9 Pt. I substituted (23.5.2016) by Scotland Act 2016 (c. 11), s. 72(7), Sch. 2 para. 14(2)

Modifications etc. (not altering text)

C3 Sch. 9 Pt. I (paras. 1–12) applied by Road Traffic Act 1988 (c. 52, SIF 107:1), s. 19A(7) (as inserted by Road Traffic (Consequential Provisions) Act 1988 (c. 54, SIF 107:1), s. 4, Sch. 2 para. 22(1))

C4 Sch. 9 Pt. I applied (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(3)

[F2 1 E+W+S Subject to paragraphs 8 and 26 of this Schedule, the [F3 national authority] , after consultation with [F4 a strategic highways company or] a local authority having power to make an order under or by virtue of any of the following provisions of this Act, namely, sections 1, 6, 9, [F5 14 (in so far as the power under that section is exercisable by virtue of section 22C),] 19,32, 35, 37, 38, 45, 46, 49(2) and (4), 53, 83(2) and 84 (in this Part of this Schedule referred to as an ''authorised authority’’) may give to that [F6 authorised] authority a direction under paragraph 2 below with respect to any of those provisions.]

Textual Amendments

F2 Sch. 9 para. 1 substituted by Local Government Act 1985 (c. 51, SIF 81:1), ss. 1, 2, 8(1), Sch. 5 para. 4(39)(a)

F3 Words in Sch. 9 para. 1 substituted (23.5.2016) by Scotland Act 2016 (c. 11), s. 72(7), Sch. 2 para. 14(3)(a)

F4 Words in Sch. 9 para. 1 inserted (5.3.2015) by Infrastructure Act 2015 (c. 7), s. 57(1), Sch. 1 para. 100(2); S.I. 2015/481, reg. 2(a)

F5 Words in Sch. 8 para. 1 inserted (19.1.2005) by Civil Contingencies Act 2004 (c. 36), ss. 32, 34, Sch. 2 para. 16(4)(a); S.I. 2005/3281, art. 2(3)(4)

F6 Word in Sch. 9 para. 1 inserted (23.5.2016) by Scotland Act 2016 (c. 11), s. 72(7), Sch. 2 para. 14(3)(b)

Modifications etc. (not altering text)

C5 Sch. 9 para. 1: Transfer of certain functions (1.7.1999) by S.I. 1999/1750, arts. 1, 2, Sch. 1 (with art. 7); S.I. 1998/3178, art. 3

2 E+W+S A direction under this paragraph is a direction either—

(a) requiring the F7 . . . authorised authority F7 . . . to make an order under or by virtue of the provision or provisions in question for a specified purpose and coming into operation before the expiry of a specified period, or

(b) prohibiting the [F8 authorised] F7 . . . authority (either generally, or without the consent of the [F9 national authority] , or for a specified period) from making or bringing into operation an order under or by virtue of the provision or provisions in question with respect to specified matters or a specified area.

Textual Amendments

F7 Words repealed by Local Government Act 1985 (c. 51, SIF 81:1), ss. 1, 102(2)(3), Sch. 17

F8 Word in Sch. 9 para. 2(b) inserted (23.5.2016) by Scotland Act 2016 (c. 11), s. 72(7), Sch. 2 para. 14(4)(a)

F9 Words in Sch. 9 para. 2(b) substituted (23.5.2016) by Scotland Act 2016 (c. 11), s. 72(7), Sch. 2 para. 14(4)(b)

3 (1) Any power to make an order conferred on F10 . . . an authorised authority by any of the provisions specified in F10 . . . paragraph 1 above shall, subject to sub-paragraph (2) below, be exercisable by the [F11 national authority ] as well as by the [F12 authorised] F10 . . . authority. E+W+S

(2) No order shall be made by virtue of sub-paragraph (1) above except for the purpose of securing the object of a direction under paragraph 2 above given to F10 . . . an authorised authority with which the F10 . . . authority have failed to comply.

Textual Amendments

F10 Words repealed by Local Government Act 1985 (c. 51, SIF 81:1), ss. 1, 102(2)(3), Sch. 17

F11 Words in Sch. 9 para. 3(1) substituted (23.5.2016) by Scotland Act 2016 (c. 11), s. 72(7), Sch. 2 para. 14(5)(a)

F12 Word in Sch. 9 para. 3(1) inserted (23.5.2016) by Scotland Act 2016 (c. 11), s. 72(7), Sch. 2 para. 14(5)(b)

Modifications etc. (not altering text)

C6 Sch. 9 para. 3(1): Transfer of certain functions (1.7.1999) by S.I. 1999/1750, arts. 1, 2, Sch. 1 (with art. 7); S.I. 1998/3178, art. 3

4 E+W+S Where the [F13 national authority] has made an order by virtue of paragraph 3 above—

(a) so far as appears to [F14 the national authority] necessary in order to make the order effective, [F15 the national authority] , or (except where the power is a power of [F16 the council of a London borough or the Common Council of the City of London under section 6, 9, 45, 46, 49(2) or (4), 83(2) or 84 of this Act]) any other local authority with whom [F15 the national authority] may make arrangements for the purpose, shall have power to do anything which F17 . . . the authorised authority would have had power to do if the order had been made by them, and

(b) [F15 the national authority] may recover from the F18 . . . authorised authority any expenses incurred by [F14 the national authority] by virtue of sub-paragraph (a) above (such expenses, in England or Wales, to be so recoverable by [F14 the national authority] summarily as a civil debt).

Textual Amendments

F13 Words in Sch. 9 para. 4 substituted (23.5.2016) by Scotland Act 2016 (c. 11), s. 72(7), Sch. 2 para. 14(6)(a)

F14 Words in Sch. 9 para. 4 substituted (23.5.2016) by Scotland Act 2016 (c. 11), s. 72(7), Sch. 2 para. 14(6)(b)

F15 Words in Sch. 9 para. 4 substituted (23.5.2016) by Scotland Act 2016 (c. 11), s. 72(7), Sch. 2 para. 14(6)(c)

F16 Words substituted by Local Government Act 1985 (c. 51, SIF 81:1), ss. 1, 2, 8(1), Sch. 5 para. 4(39)(b)

F17 Words repealed by Local Government Act 1985 (c. 51, SIF 81:1), ss. 1, 2, 8(1), 102(2)(3), Sch. 5 para. 4(39)(b), Sch. 17

F18 Words repealed by Local Government Act 1985 (c. 51, SIF 81:1), ss. 1, 2, 8(1), 102(2)(3), Sch. 5 para. 4(39)(b) Sch. 17

Modifications etc. (not altering text)

C7 Sch. 9 para. 4: Transfer of certain functions (1.7.1999) by S.I. 1999/1750, arts. 1, 2, Sch. 1 (with art. 7); S.I. 1998/3178, art. 3

C8 Sch. 9 para. 4 applied (11.2.2021) by High Speed Rail (West Midlands - Crewe) Act 2021 (c. 2), s. 64(1), Sch. 30 para. 10(2)

5 (1) Paragraphs 1 to 4 above shall have effect in any case in which it appears to the Secretary of State that [F19 the council of a London borough or the Common Council of the City of London] have failed in the exercise of the powers conferred on them by section 6 of this Act to make such provision for the control of heavy commercial vehicles in [F19 their area] as is appropriate for preserving or improving the amenities of [F19 their area], as if— E+W+S

(a) the power conferred by paragraph 1 above to give a direction with respect to section 6 of this Act were a duty to give such a direction; and

(b) the power to make an order under that section conferred by paragraph 3 above were a duty to make such an order or a similar order under section 9 of this Act.

(2) Any reference in this Act to paragraph 1 or 3 above shall be construed as including a reference to that paragraph as modified by this paragraph.

Textual Amendments

F19 Words substituted by Local Government Act 1985 (c. 51, SIF 81:1), ss. 1, 2, 8(1), Sch. 5 para. 4(39)(c)

6 (1) Where by virtue of paragraph 3 above a parking place has been designated under section 45 F20 . . . of this Act by an order of the [F21 national authority] , then if, with the consent of the Treasury, the [F21 national authority] enters into an agreement with the local authority F20 . . . for the transfer to that authority F20 . . . of the operation of that parking place— E+W+S

(a) the operation of the parking place, and such apparatus or other things held by, and rights or liabilities of, the [F21 national authority] in connection with the parking place as may be specified in the agreement, shall be transferred as from such date and on such terms (including terms as to the making of payments to or by the [F21 national authority] ) as may be so specified;

(b) from the taking effect of any such transfer of the operation of the parking place, the order designating the parking place shall have effect subject to such modifications (if any) appearing to the [F21 national authority] to be requisite in consequence of the transfer as [F22 the national authority] may direct; and

(c) the provisions of sections 45 to [F23 49] and section 55 of this Act shall thereafter apply as if the parking place had been designated under section 45 by an order made by F24 . . . the local authority F24 . . .

(2) In this paragraph “local authority” has the meaning assigned to it by section 45(7) of this Act.

Textual Amendments

F20 Words repealed by Local Government Act 1985 (c. 51, SIF 81:1), ss. 1, 102(2)(3), Sch. 17

F21 Words in Sch. 9 para. 6(1) substituted (23.5.2016) by Scotland Act 2016 (c. 11), s. 72(7), Sch. 2 para. 14(7)(a)

F22 Words in Sch. 9 para. 6(1)(b) substituted (23.5.2016) by Scotland Act 2016 (c. 11), s. 72(7), Sch. 2 para. 14(7)(b)

F23 “49" substituted by Local Government Act 1985 (c. 51, SIF 81:1), ss. 1, 2, 8(1), Sch. 5 para. 4(39)(d)

F24 Words repealed by Local Government Act 1985 (c. 51, SIF 81:1), ss. 1, 2, 8(1), 102(2)(3), Sch. 5 para. 4(39)(d) Sch. 17

7 (1) Subject to paragraph 8 below, the [F25 national authority] , after giving notice to F26 . . . the authorised authority concerned and holding, if [F27 national authority] thinks fit, a public inquiry, may by order vary or revoke any order made, or having effect as if made, under or by virtue of any of the provisions referred to in F26 . . . paragraph 1 above. E+W+S

(2) This paragraph shall have effect without prejudice to any power to make an order for the like purpose by virtue of paragraph 3 above and Part IV of this Schedule.

F28 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F25 Words in Sch. 9 para. 7(1) substituted (23.5.2016) by Scotland Act 2016 (c. 11), s. 72(7), Sch. 2 para. 14(8)(a)

F26 Words repealed by Local Government Act 1985 (c. 51, SIF 81:1), ss. 1, 102(2)(3), Sch. 17

F27 Words in Sch. 9 para. 7(1) substituted (23.5.2016) by Scotland Act 2016 (c. 11), s. 72(7), Sch. 2 para. 14(8)(b)

F28 Sch. 9 para. 7(3) omitted (5.3.2015) by virtue of Infrastructure Act 2015 (c. 7), s. 57(1), Sch. 1 para. 100(3); S.I. 2015/481, reg. 2(a)

Modifications etc. (not altering text)

C9 Sch. 9 para. 7: Transfer of certain functions (1.7.1999) by S.I. 1999/1750, arts. 1, 2, Sch. 1 (with art. 7); S.I. 1998/3178, art. 3

8 E+W+S The [F29 national authority] shall not give any direction under paragraph 2 above or, subject to paragraph 9 below, make any order under paragraph 7 above unless [F30 the national authority] is satisfied, having regard to any matters appearing to [F31 the national authority] to be relevant, that the duty under section 122(1) of this Act of F32 . . . the authorised authority concerned is not being satisfactorily discharged by the [F33 authorised ] F32 . . . authority, and that the giving of the direction or the making of the order is necessary to secure compliance with that duty.

Textual Amendments

F29 Words in Sch. 9 para. 8 substituted (23.5.2016) by Scotland Act 2016 (c. 11), s. 72(7), Sch. 2 para. 14(9)(a)

F30 Words in Sch. 9 para. 8 substituted (23.5.2016) by Scotland Act 2016 (c. 11), s. 72(7), Sch. 2 para. 14(9)(b)

F31 Words in Sch. 9 para. 8 substituted (23.5.2016) by Scotland Act 2016 (c. 11), s. 72(7), Sch. 2 para. 14(9)(c)

F32 Words repealed by Local Government Act 1985 (c. 51, SIF 81:1), ss. 1, 102(2)(3), Sch. 17

F33 Word in Sch. 9 para. 8 inserted (23.5.2016) by Scotland Act 2016 (c. 11), s. 72(7), Sch. 2 para. 14(9)(d)

Modifications etc. (not altering text)

C10 Sch. 9 para. 8: Transfer of certain functions (1.7.1999) by S.I. 1999/1750, arts. 1, 2, Sch. 1 (with art. 7); S.I. 1998/3178, art. 3

9 E+W+S The [F34 national authority] may make an order under paragraph 7 above notwithstanding that [F35 the national authority] is not satisfied as mentioned in paragraph 8 above, if [F35 the national authority] is satisfied, having regard to any matters appearing to [F36 the national authority] to be relevant, that there are special circumstances which make it expedient that the order should be made.

Textual Amendments

F34 Words in Sch. 9 para. 9 substituted (23.5.2016) by Scotland Act 2016 (c. 11), s. 72(7), Sch. 2 para. 14(10)(a)

F35 Words in Sch. 9 para. 9 substituted (23.5.2016) by Scotland Act 2016 (c. 11), s. 72(7), Sch. 2 para. 14(10)(b)

F36 Words in Sch. 9 para. 9 substituted (23.5.2016) by Scotland Act 2016 (c. 11), s. 72(7), Sch. 2 para. 14(10)(c)

Modifications etc. (not altering text)

C11 Sch. 9 para. 9: Transfer of certain functions (1.7.1999) by S.I. 1999/1750, arts. 1, 2, Sch. 1 (with art. 7); S.I. 1998/3178, art. 3

10 E+W+S Where the Secretary of State—

(a) gives a direction under paragraph 2 above requiring a county council or district council to make an order under section 32(1) or 35(1) of this Act, or

(b) makes such an order by virtue of paragraph 3 above,

subsections (1) to (5) of section 39 of this Act shall not apply in relation to anything done in pursuance of the direction or, as the case may be, in relation to the making of the order by the Secretary of State.

F37 11 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F37 Sch. 9 para. 11 repealed (1.4.1996) by 1994 c. 19, ss. 22(1), 66(8), Sch. 7 Pt. II para. 38(11)(a), Sch. 18 (with ss. 54(5)(7), 55(7), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 3, Sch. 1

12 E+W+S Where the Secretary of State—

(a) gives a direction under paragraph 2 above requiring a county council [F38 or metropolitan district council] or parish or community council to make an order under section 35(1) of this Act in relation to a parking place provided by a parish or community council, or

(b) by virtue of paragraph 3 above, makes such an order in relation to such a parking place,

neither subsections (4) and (5) nor subsection (7) of section 59 of this Act shall apply in relation to anything done in pursuance of the direction or, as the case may be, in relation to the making of the order by the Secretary of State.

Textual Amendments

F38 Words inserted by Local Government Act 1985 (c. 51, SIF 81:1), ss. 1, 2, 8(1), Sch. 5 para. 4(39)(e)

[F39 12ZA E+W+S A power conferred upon the Scottish Ministers by this Schedule, so far as it relates to the exercise of a power under this Act by virtue of section 22C, is exercisable only with the consent of the Secretary of State.]

Textual Amendments

F39 Sch. 9 para. 12ZA substituted for Sch. 9 para. 12A (23.5.2016) by Scotland Act 2016 (c. 11), s. 72(7), Sch. 2 para. 14(11)

[F40 12B E+W+S A power conferred upon the Secretary of State by this Schedule shall, in so far as it relates to the exercise of a power under this Act by virtue of section 22C, be exercisable in relation to Wales by the National Assembly for Wales with the consent of the Secretary of State.]

Textual Amendments

F40 Sch. para. 12A, 12B inserted (19.1.2005) by Civil Contingencies Act 2004 (c. 36), ss. 32, 34, Sch. 2 para. 16(4)(b); S.I. 2004/3281, art. 2(3)(4)

Part II E+W+S Consent of [F41 national authority] to Certain Orders

Textual Amendments

F41 Words in Sch. 9 Pt. II substituted (23.5.2016) by Scotland Act 2016 (c. 11), s. 72(7), Sch. 2 para. 15(2)

13 (1) Where in the case of any order proposed to be made by a local authority other than [F42 the council of a London borough and the Common Council of the City of London] under or by virtue of any of the following provisions of this Act, namely, sections 1, 9, 19, 29, 32, 35, 37, 38, 45, 46, 49, 83(2) and 84, it is proposed to include in the order any provision— E+W+S

(a) so prohibiting or restricting the use of a road as to prevent, for more than 8 hours in any period of 24 hours, access for vehicles of any class to any premises situated on or adjacent to that road or any other premises accessible for vehicles of that class from, and only from, that road, or

(b) applying to a [F43 a road for which the [F44 national authority] is the traffic authority], or

[F45 (ba) applying to a road for which a strategic highways company is the traffic authority, or]

F46 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d) being, in the case of an order for the purposes of section 84(1) of this Act—

F46 (i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(ii) a provision applying to any road a speed limit of less than 30 miles per hour, or

F47 [( iii ) a provision imposing a prohibition by virtue of paragraph (b) or (c) of that subsection, or]

(e) varying or revoking, within 12 months of its making, any order made by, or made in pursuance of a direction given by, the [F44 national authority] , or

(f) making provision as respects any length of road for any purpose within 12 months after the date when a previous order made as respects that length of road for a similar purpose was varied or revoked by an order made by, or made in pursuance of a direction given by, the [F44 national authority] ,

then (except in a case to which sub-paragraph (2) [F48 , (3) or (4)] below applies, or where the provision is to be included in pursuance of a direction under paragraph 2 of this Schedule) the order shall not be made without the consent of the [F44 national authority] .

(2) This sub-paragraph applies where—

(a) it is proposed to include in the order any such provision as is mentioned in sub-paragraph (1)(a) above, and

(b) either—

(i) no owner, lessee or occupier of premises such as are mentioned in sub-paragraph (1)(a) above has submitted to the authority any objection to the inclusion of that provision in the order, or

(ii) any such owner, lessee or occupier who has submitted such an objection has withdrawn it.

(3) This sub-paragraph applies in the case of any order proposed to be made under section 9 of this Act where—

(a) it is proposed to include in the order any such provision as is mentioned in sub-paragraph (1)(a) above, and

(b) the effect of the prohibition by the order of the use of the road to which it relates or of any restriction on the use of that road contained in the order would be to prevent vehicles, or vehicles of any class, being loaded or unloaded in that road or to prevent persons boarding or alighting from a [F49 vehicle being used in the provision of a local service within the meaning of the Transport Act 1985] on that road, and

(c) either—

(i) no person has submitted to the authority any objection to the making of the order on the ground that it would prevent vehicles, or vehicles of that class, being loaded or unloaded in the road, and no person being the operator of a [F50 local service (within the meaning of the Transport Act 1985)] has submitted to the authority any objection to the making of the order on the ground that it would prevent persons boarding or alighting from a [F50 vehicle] being used in that service in the road, or

(ii) any such person who has submitted an objection on that ground has withdrawn it.

[F51 (4) This sub-paragraph applies where it is proposed to include in the order provision mentioned in sub-paragraph (1)(ba), in which case the order must not be made without the consent of the strategic highways company.]

Textual Amendments

F42 Words substituted by Local Government Act 1985 (c. 51, SIF 81:1), ss. 1, 2, 8(1), Sch. 5 para. 4(39)(f)

F43 Words in Sch. 9 para. 13(1)(b) substituted (1.11.1991) by New Roads and Street Works Act 1991 (c. 22, SIF 59, 108), s. 168(1), Sch. 8 para. 80(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.

F44 Words in Sch. 9 para. 13(1) substituted (23.5.2016) by Scotland Act 2016 (c. 11), s. 72(7), Sch. 2 para. 15(3)

F45 Sch. 9 para. 13(1)(ba) inserted (5.3.2015) by Infrastructure Act 2015 (c. 7), s. 57(1), Sch. 1 para. 100(4)(a); S.I. 2015/481, reg. 2(a)

F46 Sch. 9 para. 13(1)(c)(d)(i) repealed (23.1.1993) by S.I. 1993/35, art. 2(3).

F47 Sch. 9 para. 13(1)(d)(iii) inserted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 48, Sch. 4, para. 37; S.I. 1992/1286, art. 2, Sch.

F48 Words in Sch. 9 para. 13(1) substituted (5.3.2015) by Infrastructure Act 2015 (c. 7), s. 57(1), Sch. 1 para. 100(4)(b); S.I. 2015/481, reg. 2(a)

F49 Words substituted by Transport Act 1985 (c. 67, SIF 126), s. 1(3), Sch. 1 para. 15(5)(a)

F50 Word(s) substituted by Transport Act 1985 (c. 67, SIF 126), s. 1(3), Sch. 1 para. 15(5)(b)

F51 Sch. 9 para. 13(4) inserted (5.3.2015) by Infrastructure Act 2015 (c. 7), s. 57(1), Sch. 1 para. 100(4)(c); S.I. 2015/481, reg. 2(a)

Modifications etc. (not altering text)

C12 Sch. 9 para. 13: Transfer of certain functions (1.7.1999) by S.I. 1999/1750, arts. 1, 2, Sch. 1 (art. 7); S.I. 1998/3178, art. 3

C13 Sch. 9 para. 13 restricted (16.6.1999) by S.I. 1999/1608, art. 2

14 [F52 (1) Where in the case of any order proposed to be made by [F53 the council of a London borough or the Common Council of the City of London] under or by virtue of any of the following provisions of this Act namely, sections 6, 9, 35, 38, 45, 46, 49, F54 . . . 83(2) and 84, it is proposed to include in the order any provision such as is mentioned in sub-paragraphs (b) to (f) of paragraph 13(1) above, then (except [F55 in a case to which sub-paragraph (2) applies or] where the provision is to be included in pursuance of a direction under paragraph 2 of this Schedule) the order shall not be made except with the consent of the Secretary of State. ] E+W+S

[F56 (2) This sub-paragraph applies where it is proposed to include in the order provision mentioned in paragraph 13(1)(ba), in which case the order must not be made without the consent of the strategic highways company.]

Textual Amendments

F52 Sch. 9 para. 14(1): Sch. 9 para. 14 renumbered as Sch. 9 para. 14(1) (5.3.2015) by Infrastructure Act 2015 (c. 7), s. 57(1), Sch. 1 para. 100(5)(a); S.I. 2015/481, reg. 2(a)

F53 Words substituted by Local Government Act 1985 (c. 51, SIF 81:1), ss. 1, 2, 8(1), Sch. 5 para. 4(39)(g)

F54 “50," repealed by Local Government Act 1985 (c. 51, SIF 81:1), ss. 1, 2, 8(1), 102(2)(3), Sch. 5 para. 4(39)(g), Sch. 17

F55 Words in Sch. 9 para. 14(1) inserted (5.3.2015) by Infrastructure Act 2015 (c. 7), s. 57(1), Sch. 1 para. 100(5)(b); S.I. 2015/481, reg. 2(a)

F56 Sch. 9 para. 14(2) inserted (5.3.2015) by Infrastructure Act 2015 (c. 7), s. 57(1), Sch. 1 para. 100(5)(c); S.I. 2015/481, reg. 2(a)

Modifications etc. (not altering text)

C14 Sch. 9 para. 14 restricted (16.6.1999) by S.I. 1999/1608, art. 2

[F57 14A (1) This paragraph applies where a strategic highways company proposes, other than further to a direction under paragraph 2, to include provision mentioned in paragraph 13(1)(b) or (c) to (f) in an order made by it under sections 1, 6, 9, 83(2) or 84. E+W+S

(2) Where this paragraph applies, the order must not be made without the consent of the Secretary of State.]

Textual Amendments

F57 Sch. 9 para. 14A inserted (5.3.2015) by Infrastructure Act 2015 (c. 7), s. 57(1), Sch. 1 para. 100(6); S.I. 2015/481, reg. 2(a)

15 (1) The Secretary of State may by order add to or remove from the orders for which his consent is required by paragraphs 13 [F58 to 14A] above such orders made by such [F59 traffic] authorities [F60 in England and Wales ] for such purposes or in such circumstances as he may see fit to specify in his order. E+W+S

(2) No order under this paragraph removing any order from the orders for which the consent of the Secretary of State is for the time being required shall be made unless a draft of the order has been approved by a resolution of each House of Parliament.

(3) Any other order under this paragraph shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Textual Amendments

F58 Words in Sch. 9 para. 15(1) substituted (5.3.2015) by Infrastructure Act 2015 (c. 7), s. 57(1), Sch. 1 para. 100(7)(a); S.I. 2015/481, reg. 2(a)

F59 Word in Sch. 9 para. 15(1) substituted (5.3.2015) by Infrastructure Act 2015 (c. 7), s. 57(1), Sch. 1 para. 100(7)(b); S.I. 2015/481, reg. 2(a)

F60 Words in Sch. 9 para. 15(1) inserted (23.5.2016) by Scotland Act 2016 (c. 11), s. 72(7), Sch. 2 para. 15(5)

Modifications etc. (not altering text)

C15 Sch. 9 para. 15: Transfer of certain functions (1.7.1999) by S.I. 1999/1750, arts. 1, 2, Sch. 1 (with art. 7); S.I. 1998/3178, art. 3

[F61 15A (1) The Scottish Ministers may by order add to or remove from the orders for which their consent is required by paragraph 13 such orders made by such traffic authorities in Scotland as the Scottish Ministers may specify in the order. E+W+S

(2) An order under this paragraph may provide for the consent of the Scottish Ministers to be required (or not to be required) for an order for such purposes or in such circumstances as the Scottish Ministers may see fit to specify in the order under this paragraph.

(3) An order under this paragraph removing an order from the orders for which the consent of the Scottish Ministers is for the time being required is subject to the affirmative procedure.

(4) Any other order under this paragraph is subject to the negative procedure.]

Textual Amendments

F61 Sch. 9 para. 15A inserted (23.5.2016) by Scotland Act 2016 (c. 11), s. 72(7), Sch. 2 para. 15(6)

16 (1) In consenting to any order submitted [F62 for ] consent under this Part of this Schedule, the Secretary of State [F63 or the Scottish Ministers] may consent to the order either in the form in which it is submitted F64 ... or with such modifications as he [F65 or they think] fit, which may include additions, exceptions, or other modifications of any description. E+W+S

(2) [F66 Sub-paragraph (3) applies where] the Secretary of State [F67 or the Scottish Ministers propose] to consent to such an order with modifications which appear to him [F68 or them] substantially to affect the character of the order as submitted F69 ...

[F70 (3) The Secretary of State or the Scottish Ministers ]shall, before doing so, take such steps as appear to him [F71 or them] to be sufficient and reasonably practicable for informing the [F72 traffic] authority in question and other persons likely to be concerned.

Textual Amendments

F62 Word in Sch. 9 para. 16(1) substituted (23.5.2016) by Scotland Act 2016 (c. 11), s. 72(7), Sch. 2 para. 15(8)(a)

F63 Words in Sch. 9 para. 16(1) inserted (23.5.2016) by Scotland Act 2016 (c. 11), s. 72(7), Sch. 2 para. 15(8)(b)

F64 Words in Sch. 9 para. 16(1) omitted (23.5.2016) by virtue of Scotland Act 2016 (c. 11), s. 72(7), Sch. 2 para. 15(8)(c)

F65 Words in Sch. 9 para. 16(1) substituted (23.5.2016) by Scotland Act 2016 (c. 11), s. 72(7), Sch. 2 para. 15(8)(d)

F66 Words in Sch. 9 para. 16(2) substituted (23.5.2016) by Scotland Act 2016 (c. 11), s. 72(7), Sch. 2 para. 15(9)(a)

F67 Words in Sch. 9 para. 16(2) substituted (23.5.2016) by Scotland Act 2016 (c. 11), s. 72(7), Sch. 2 para. 15(9)(b)

F68 Words in Sch. 9 para. 16(2) inserted (23.5.2016) by Scotland Act 2016 (c. 11), s. 72(7), Sch. 2 para. 15(9)(c)

F69 Words in Sch. 9 para. 16(2) omitted (23.5.2016) by virtue of Scotland Act 2016 (c. 11), s. 72(7), Sch. 2 para. 15(9)(d)

F70 Sch. 9 para. 16(3) substituted for word (23.5.2016) by Scotland Act 2016 (c. 11), s. 72(7), Sch. 2 para. 15(9)(e)

F71 Words in Sch. 9 para. 16(2) inserted (23.5.2016) by Scotland Act 2016 (c. 11), s. 72(7), Sch. 2 para. 15(9)(f)

F72 Word in Sch. 9 para. 16(2) substituted (5.3.2015) by Infrastructure Act 2015 (c. 7), s. 57(1), Sch. 1 para. 100(8); S.I. 2015/481, reg. 2(a)

Modifications etc. (not altering text)

C16 Sch. 9 para. 16: Transfer of certain functions (1.7.1999) by S.I. 1999/1750, arts. 1, 2, Sch. 1 (with art. 7); S.I. 1998/3178, art. 3

C17 Sch. 9 para. 16 applied (with modifications) (11.2.2021) by High Speed Rail (West Midlands - Crewe) Act 2021 (c. 2), s. 64(1), Sch. 30 para. 10(6)

17 (1) The Secretary of State [F73 or the Scottish Ministers] may by order grant a general consent for the making of orders requiring F74 ... consent under this Part of this Schedule— E+W+S

(a) of such descriptions, or

(b) with respect to such matters only, or

(c) made by such local authorities, or by authorities of such classes of descriptions, or

(d) made in such circumstances, or

(e) complying with such requirements,

as may be specified in the order.

(2) Any order [F75 of the Secretary of State] under this paragraph shall be subject to annulment in pursuance of a resolution of either House of Parliament.

[F76 (3) Any order of the Scottish Ministers under this paragraph is subject to the negative procedure.]

Textual Amendments

F73 Words in Sch. 9 para. 17(1) inserted (23.5.2016) by Scotland Act 2016 (c. 11), s. 72(7), Sch. 2 para. 15(11)(a)

F74 Word in Sch. 9 para. 17(1) omitted (23.5.2016) by virtue of Scotland Act 2016 (c. 11), s. 72(7), Sch. 2 para. 15(11)(b)

F75 Words in Sch. 9 para. 17(2) inserted (23.5.2016) by Scotland Act 2016 (c. 11), s. 72(7), Sch. 2 para. 15(12)

F76 Sch. 9 para. 17(3) inserted (23.5.2016) by Scotland Act 2016 (c. 11), s. 72(7), Sch. 2 para. 15(13)

Modifications etc. (not altering text)

C18 Sch. 9 para. 17: Transfer of certain functions (1.7.1999) by S.I. 1999/1750, arts. 1, 2, Sch. 1 (with art. 7); S.I. 1998/3178, art. 3

18 E+W+S The power [F77 of the Secretary of State] to make an order conferred by paragraph 15 or 17 above shall be exercisable by statutory instrument.

Textual Amendments

F77 Words in Sch. 9 para. 18 inserted (23.5.2016) by Scotland Act 2016 (c. 11), s. 72(7), Sch. 2 para. 15(14)

19 E+W+S In this Part of this Schedule “principal road” means a road for the time being classified as a principal road—

(a) by virtue of section 12 of the M1 Highways Act 1980 (whether as falling within subsection (1) or as being so classified under subsection (3)), or

(b) by the Secretary of State under section [F78 11(1) of the M2 Roads (Scotland) Act 1984].

Textual Amendments

F78 Words substituted by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 128(1), Sch. 9 para. 93(45)(a)

Marginal Citations

M1 1980 c. 66(59).

M2 1984 c. 54(108).

Part III E+W+S Procedure as to certain orders

Subordinate Legislation Made

P1 Sch. 9 Pt. III: s. 124 (with Sch. 9 Pt. III) power exercised (20.11.1991) by S.I.1991/2709

Modifications etc. (not altering text)

C19 Sch. 9 Pt. III (paras. 20-26) applied by Road Traffic Act 1988 (c. 52, SIF 107:1), s. 19A(7) (as inserted by Road Traffic (Consequential Provisions) Act 1988 (c. 54, SIF 107:1), s. 4, Sch. 2 para. 22(1))

C20 Sch. 9 Pt. III applied (with modifications) (6.3.1992) by Aberdeen Harbour Order Confirmation Act 1992 (c. ii), ss. 1, 3(2), Sch.

Sch. 9 Pt. III applied (E.W.) (temp. from 5.10.2009) by London Olympic Games and Paralympic Games Act 2006 (c. 12), ss. 14(3), 40(2)(6), 41(3); S.I. 2009/2577, art. 2

C21 Sch. 9 Pt. III applied (with modifications) (23.2.2017) by High Speed Rail (London - West Midlands) Act 2017 (c. 7), s. 70(1), Sch. 25 para. 10(3)

C22 Sch. 9 Pt. 3 applied (with modifications) (11.2.2021) by High Speed Rail (West Midlands - Crewe) Act 2021 (c. 2), s. 64(1), Sch. 30 para. 10(3)

C23 Sch. 9 Pt. 3 modified (11.2.2021) by High Speed Rail (West Midlands - Crewe) Act 2021 (c. 2), s. 64(1), Sch. 30 para. 5(2)(3)

20 (1) Subject to sub-paragraph (2) below, before [F79 making] make an order under or by virtue of any of the following provisions of this Act, namely, sections 1, 6, 9, 19, 29, F80 . . . 32, 35, 37, 38, 45, 46, 49, F81 . . . 61, 83(2) and 84, [F82 a strategic highways company, ] [F83 a local authority or Transport for London] shall consult with the chief officer of police of any police area in which any road or other place to which the order is to relate is situated; and, if the order in question has to be submitted [F84 for] consent under Part II of this Schedule [F85 or any other provision of this Act, [F86 the company,]], the authority [F87 or, as the case may be, Transport for London]shall so consult before submitting the order F88 .... E+W+S

(2) Sub-paragraph (1) above shall not apply to an order made in pursuance of a direction under paragraph 2 of this Schedule, and shall have effect without prejudice to any further requirements contained in any regulations made under the subsequent provisions of this Part of this Schedule.

Textual Amendments

F79 Words in Sch. 9 para. 20(1) substituted (3.7.2000) by S.I. 2000/1547, art. 3(2)(a)

F80 In Sch. 9 para. 20(1) reference to s. 30 repealed (1.11.1991) by New Roads and Street Works Act 1991 (c. 22, SIF 59, 108), s. 168(1)(2), Sch. 8 para. 80(3), Sch. 9; which repeal 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.

F81 “50," repealed by Local Government Act 1985 (c. 51, SIF 81:1), ss. 1, 2, 8(1), 102(2)(3), Sch. 5 para. 4(39)(b), Sch. 17

F82 Words in Sch. 9 para. 20(1) inserted (5.3.2015) by Infrastructure Act 2015 (c. 7), s. 57(1), Sch. 1 para. 100(9)(a); S.I. 2015/481, reg. 2(a)

F83 Words in Sch. 9 para. 20(1) substituted (3.7.2000) by S.I. 2000/1547, art. 3(2)(b)

F84 Word in Sch. 9 para. 20(1) substituted (23.5.2016) by Scotland Act 2016 (c. 11), s. 72(7), Sch. 2 para. 16(2)(a)

F85 Words in Sch. 9 para. 20(1) inserted (3.7.2000) by S.I. 2000/1547, art. 3(2)(c)

F86 Words in Sch. 9 para. 20(1) inserted (5.3.2015) by Infrastructure Act 2015 (c. 7), s. 57(1), Sch. 1 para. 100(9)(b); S.I. 2015/481, reg. 2(a)

F87 Words in Sch. 9 para. 20(1) inserted (3.7.2000) by S.I. 2000/1547, art. 3(2)(d)

F88 Words in Sch. 9 para. 20(1) omitted (23.5.2016) by virtue of Scotland Act 2016 (c. 11), s. 72(7), Sch. 2 para. 16(2)(b)

21 E+W+S As respects orders of [F89 a strategic highways company or] a local authority other than [F90 the council of a London borough or the Common Council of the City of London] under any of the provisions referred to in paragraph 20(1) above F91 . . ., the [F92 national authority] may make regulations for providing the procedure to be followed in connection with the making of such orders, the submission of such orders for the consent of the [F92 national authority] or a county council where such submission is required, and the consideration by [F93 the national authority] or by the county council of any such order submitted to [F93 the national authority] or them; and the [F92 national authority] shall by regulations under this paragraph make such (if any) provision as [F94 the national authority] considers appropriate with respect to—

(a) the publication of any proposal for the making of such an order;

(b) the making and consideration of objections to any such proposal; and

(c) the publication of notice of the making of the order and of its effect.

Textual Amendments

F89 Words in Sch. 9 para. 21 inserted (5.3.2015) by Infrastructure Act 2015 (c. 7), s. 57(1), Sch. 1 para. 100(10); S.I. 2015/481, reg. 2(a)

F90 Words in Sch. 9 para. 21 substituted by Local Government Act 1985 (c. 51, SIF 81:1), ss. 1, 2, 8(1), Sch. 5 para. 4(39)(i)

F91 Words in Sch. 9 para. 21 repealed (1.11.1991) by New Roads and Street Works Act 1991 (c. 22, SIF 59, 108), s. 168(1)(2), Sch. 8 para. 80(4), Sch.9; which repeal 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.

F92 Words in Sch. 9 para. 21 substituted (23.5.2016) by Scotland Act 2016 (c. 11), s. 72(7), Sch. 2 para. 16(3)(a)

F93 Words in Sch. 9 para. 21 substituted (23.5.2016) by Scotland Act 2016 (c. 11), s. 72(7), Sch. 2 para. 16(3)(b)

F94 Words in Sch. 9 para. 21 substituted (23.5.2016) by Scotland Act 2016 (c. 11), s. 72(7), Sch. 2 para. 16(3)(c)

Modifications etc. (not altering text)

C24 Sch. 9 para. 21: transfer of certain functions (1.7.1999) by S.I. 1999/1750, arts. 1, 2, Sch. 1 (with art. 7); S.I. 1998/3178, art. 3

C25 Sch. 9 para. 21 extended by Local Government Act 1985 (c. 51, SIF 81;1), ss. 1, 2, 8(2), Sch. 5 paras. 7(1), 9

22 (1) Without prejudice to the generality of paragraph 21 above, regulations under that paragraph may include provision— E+W+S

(a) as to the form of any such order as is mentioned in that paragraph;

(b) for the holding of inquiries for the purposes of any such order and as to the appointment of the person by whom any such inquiry is to be held;

(c) for the making of modifications in any such order, whether in consequence of any objections or otherwise, before the order is made;

(d) requiring any such order to include such exemptions for such purposes and subject to such exceptions as may be provided for by the regulations;

(e) requiring the authority by whom any such order is made to place and maintain, or cause to be placed and maintained, such traffic signs in connection with that order as may be so provided for.

(2) In sub-paragraph (1)(e) above, in its application to an order under section 61 of this Act, the reference to traffic signs shall be construed in accordance with subsection (8) of that section.

23 (1) The Secretary of State, after consultation with [F95 the council of a London borough of the Common Council of the City of London][F96 or Transport for London],— E+W+S

(a) as respects orders made by [F95 that council][F97 or Transport for London]under any of the provisions referred to in paragraph 20(1) above F98 . . ., may make regulations for any of the like purposes as those for which regulations are required or authorised to be made under paragraph 21 above;

(b) with respect to any other order the making of which by [F95 that council][F97 or Transport for London]requires the consent of the Secretary of State, may make regulations for providing the procedure to be followed in connection with the obtaining of that consent.

(2) In paragraph 22(1)(c) above, so far as it relates to regulations made under this paragraph, “modifications” shall be construed as including additions, exceptions or other modifications of any description.

Textual Amendments

F95 Words substituted by Local Government Act 1985 (c. 51, SIF 81:1), ss. 1, (2), 8(1), Sch. 5 para. 4(39)(j)

F96 Words in Sch. 9 para. 23(1) inserted (3.7.2000) by S.I. 2000/1547, art. 3(3)(a)

F97 Words in Sch. 9 para. 23(1)(a)(b) inserted (3.7.2000) by S.I. 2000/1547, art. 3(3)(b)

F98 Words in Sch. 9 para. 23(1)(a) repealed (1.11.1991) by New Roads and Street Works Act 1991 (c. 22, SIF 59, 108), s. 168(1)(2), Sch. 8 para. 80(4), Sch. 9; which repeal is in force for Scotland only by S.I. 1991/2286, art. 3, Sch.and for England and Wales only by S.I. 1991/2288, art.3, Sch.

Modifications etc. (not altering text)

C26 Sch. 9 para. 23 extended by Local Government Act 1985 (c. 51, SIF 81:1), ss. 1, 2, 8(2), Sch. 5 paras. 7(1), 9

24 E+W+S The [F99 national authority] may make regulations with respect to the procedure in connection with the making by [F100 the national authority] —

(a) of any order made by virtue of paragraph 3 or made under paragraph 7 of this Schedule, or

(b) of any order which [F101 the national authority] is authorised to make with respect to [[F102 roads for which [F101 the national authority] is the traffic authority] under any of the provisions referred to in paragraph 20(1) above,

or [F103 , where the national authority is the Secretary of State,] with respect to the procedure in connection with appeals to him by district councils under [F104 section 39] of this Act.

Textual Amendments

F99 Words in Sch. 9 para. 24 substituted (23.5.2016) by Scotland Act 2016 (c. 11), s. 72(7), Sch. 2 para. 16(4)(a)

F100 Words in Sch. 9 para. 24 substituted (23.5.2016) by Scotland Act 2016 (c. 11), s. 72(7), Sch. 2 para. 16(4)(b)

F101 Words in Sch. 9 para. 24(b) substituted (23.5.2016) by Scotland Act 2016 (c. 11), s. 72(7), Sch. 2 para. 16(4)(c)

F102 Words in Sch. 9 para. 24(b) substituted (1.11.1991) by New Roads and Street Works Act 1991 (c. 22, SIF 59, 108), s. 168(1), Sch. 8 para. 80(5); 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.

F103 Words in Sch. 9 para. 24 inserted (23.5.2016) by Scotland Act 2016 (c. 11), s. 72(7), Sch. 2 para. 16(4)(d)

F104 Words in Sch. 9 para. 24 substituted (1.4.1996) by 1994 c. 19, s. 22(1), Sch. 7 Pt. II para. 38(11)(b) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 22(3)); S.I. 1996/396, art. 3, Sch. 1

Modifications etc. (not altering text)

C27 Sch. 9 para. 24: Transfer of certain functions (1.7.1999) by S.I. 1999/1750, arts. 1, 2, Sch. 1 (with art. 7); S.I. 1998/3178, art. 3

25 E+W+S Any regulations under this Part of this Schedule may make different provision for different orders or for different circumstances; and where any such regulations require an authority to post any notice in a [F105 road], the authority may, whether or not they are the [F106 traffic authority], take such steps for that purpose as they think fit, including the use for that purpose of any lamp-post, traffic sign or other structure whatsoever in the [F105 road], whether or not belonging to that authority.

Textual Amendments

F105 Word in Sch. 9 para. 25 substituted (S.) by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 128(1), Sch. 9 para. 93(45)(b) and substituted (1.11.1991) by New Roads and Street Works Act 1991 (c. 22, SIF 59, 108), s. 168(1), Sch. 8 para. 80(6)(b); S.I. 1991/2288, art. 3,Sch.

F106 Words in Sch. 9 para. 25 substituted (1.11.1991) by New Roads and Street Works Act 1991 (c. 22, SIF 59, 108), s. 168(1), Sch. 8 para. 80(6)(a); 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.

26 (1) Before giving any authority a direction under paragraph 2 of this Schedule to make (with or without modifications) an order under any of the provisions referred to in paragraph 20(1) above, in connection with which steps have already been taken in pursuance of regulations made under this Part of this Schedule, the [F107 national authority] shall consider any objections made to that order. E+W+S

(2) If the order is directed to be made with modifications which appear to the [F108 national authority] to affect substantially the character of the order, [F109 the national authority] shall take such steps as appear to [F110 the national authority] to be sufficient and reasonably practicable for informing any local authority concerned and any other person likely to be concerned.

Textual Amendments

F107 Words in Sch. 9 para. 26(1) substituted (23.5.2016) by Scotland Act 2016 (c. 11), s. 72(7), Sch. 2 para. 16(6)

F108 Words in Sch. 9 para. 26(2) substituted (23.5.2016) by Scotland Act 2016 (c. 11), s. 72(7), Sch. 2 para. 16(7)(a)

F109 Words in Sch. 9 para. 26(2) substituted (23.5.2016) by Scotland Act 2016 (c. 11), s. 72(7), Sch. 2 para. 16(7)(b)

F110 Words in Sch. 9 para. 26(2) substituted (23.5.2016) by Scotland Act 2016 (c. 11), s. 72(7), Sch. 2 para. 16(7)(c)

Modifications etc. (not altering text)

C28 Sch. 9 para. 26: Transfer of certain functions (1.7.1999) by S.I. 1999/1750, arts. 1, 2, Sch. 1 (with art. 7); S.I. 1998/3178, art. 3

Part IV E+W+S Variation or Revocation of Certain Orders

Modifications etc. (not altering text)

C29 Pt. IV (paras. 27–29) applied by Road Traffic Act 1988 (c. 52, SIF 107:1), s. 19A(7) (as inserted by Road Traffic (Consequential Provisions) Act 1988 (c. 54, SIF 107:1), s. 4, Sch. 2 para. 22(1))

C30 Sch. 9 Pt. IV applied (with modifications)(6.3.1992) by Aberdeen Harbour Order Confirmation Act 1992 (c. ii), s. 1, Sch. s. 3(2).

C31 Sch. 9 Pt. IV applied (with modifications) (23.2.2017) by High Speed Rail (London - West Midlands) Act 2017 (c. 7), s. 70(1), Sch. 25 para. 10(3)

C32 Sch. 9 Pt. 4 applied (with modifications) (11.2.2021) by High Speed Rail (West Midlands - Crewe) Act 2021 (c. 2), s. 64(1), Sch. 30 para. 10(3)

27 (1) Subject to [F111 sub-paragraphs (2) [F112 , (2A), (3) and (4)]] below, any power to make an order as respects any road or parking place conferred by or by virtue of any of the following provisions of this Act, namely, sections 1, 6, 9, [F113 14][F114 16A]19, 29, F115 . . . 32, 35, 37, 38, 45, 46, 49(2) and (4), 50, 53, 83 and 84 and paragraph 7 of this Schedule, shall include power for the authority for the time being having power to make such an order as respects that road or parking place to make an order varying or revoking any previous order as respects that road or parking place made, or having effect as if made, under or by virtue of the provision in question, whether the previous order was made by that or some other authority, and notwithstanding that the previous order was, and the order varying or revoking it is not, made in pursuance of a power exercisable by statutory instrument. E+W

(2) Sub-paragraph (1) above shall have effect—

(a) subject to sections 39(6), F116 . . . and 59(6) of this Act, and

(b) without prejudice to section 50(6) of this Act.

[F117 (2A) Where an order is required for the provision of facilities or the taking of measures pursuant to an advanced quality partnership scheme made under Part 2 of the Transport Act 2000 by more than one authority—

(a) it may not be varied or revoked by virtue of this paragraph by the Secretary of State unless the Secretary of State has consulted the other authority or authorities who made the scheme, and

(b) it may not be varied or revoked by virtue of this paragraph by any other authority without the consent of that other authority or those other authorities.]

[F118 (3) Where an order is required for the provision of facilities pursuant to a quality partnership scheme made under Part II of the Transport Act 2000 by more than one authority—

(a) it may not be varied or revoked by virtue of this paragraph by the Secretary of State or the National Assembly for Wales unless he or it has consulted the other authority or authorities who made the scheme, and

(b) it may not be varied or revoked by virtue of this paragraph by any other authority without the consent of that other authority or those other authorities.]

[F119 (4) Where an order is required for the provision of facilities or the taking of measures pursuant to an enhanced partnership scheme made under Part 2 of the Transport Act 2000 by more than one authority—

(a) it may not be varied or revoked by virtue of this paragraph by the Secretary of State unless the Secretary of State has consulted the other authority or authorities who made the scheme, and

(b) it may not be varied or revoked by virtue of this paragraph by any other authority without the consent of that other authority or those other authorities.]

Extent Information

E1 This version of this provision extends to England and Wales only; a separate version has been created for Scotland only

Textual Amendments

F111 Words in Sch. 9 para. 27(1) substituted (E.W.) (1.8.2001 for W. and 26.10.2001 for E.) by 2000 c. 38, s. 161, Sch. 11 para. 8(2); S.I. 2001/2788, art. 2, Sch. 1 para. 11; S.I. 2001/3342, art. 2, Sch.

F112 Words in Sch. 9 para. 27(1) substituted (E.W.) (27.4.2017 for specified purposes, 27.6.2017 in so far as not already in force) by Bus Services Act 2017 (c. 21), ss. 16(8), 26(3)

F113 Figure in Sch. 9 para. 27(1) inserted (1.7.1992) by Road Traffic (Temporary Restrictions) Act 1991 (c. 26, SIF 107:1), s. 1(4); S.I. 1992/1218, art. 2

F114 Words in Sch. 9 para. 27(1) inserted (3.5.1994) by 1994 c. 11, s. 3(1), Sch. para. 5(2)

F115 In Sch. 9 para. 27(1), reference to s. 30 repealed (1.11.1991) by New Roads and Street Works Act 1991 (c. 22, SIF 59, 108), s. 168(1)(2), Sch. 8 para. 80(7), Sch. 9; which repeal 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.

F116 Words in Sch. 9 para. 27(2) substituted (1.4.1996) by 1994 c. 19, ss. 22(1), 66(8), Sch. 7 Pt. II para. 38(11)(c), Sch. 18 (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 22(3)); S.I. 1996/396, art. 3, Sch. 1

F117 Sch. 9 para. 27(2A) inserted (E.W.) (27.4.2017 for specified purposes, 27.6.2017 in so far as not already in force) by Bus Services Act 2017 (c. 21), ss. 16(9), 26(3)

F118 Sch. 9 para. 27(3) inserted (E.W.) (1.8.2001 for W. and 26.10.2001 for E.) by 2000 c. 38, s. 161, Sch. 11 para. 8(3); S.I. 2001/2788, art. 2, Sch. 1 para. 11; S.I. 2001/3342, art. 2, Sch.

F119 Sch. 9 para. 27(4) inserted (E.W.) (27.4.2017 for specified purposes, 27.6.2017 in so far as not already in force) by Bus Services Act 2017 (c. 21), ss. 16(10), 26(3)

27 (1) Subject to [F135 sub-paragraphs (2) and (3)] below, any power to make an order as respects any road or parking place conferred by or by virtue of any of the following provisions of this Act, namely, sections 1, 6, 9, [F136 14] [F137 16A] 19, 29, F138 . . .32, 35, 37, 38, 45, 46, 49(2) and (4), 50, 53, 83 and 84 and paragraph 7 of this Schedule, shall include power for the authority for the time being having power to make such an order as respects that road or parking place to make an order varying or revoking any previous order as respects that road or parking place made, or having effect as if made, under or by virtue of the provision in question, whether the previous order was made by that or some other authority, and notwithstanding that the previous order was, and the order varying or revoking it is not, made in pursuance of a power exercisable by statutory instrument. S

(2) Sub-paragraph (1) above shall have effect—

(a) subject to sections 39(6), F139 . . . and 59(6) of this Act, and

(b) without prejudice to section 50(6) of this Act.

[F140 (3) Where an order is required for the provision of facilities [F141 or the taking of a measure pursuant to a scheme implementing a bus services improvement partnership] made under Part 2 of the Transport (Scotland) Act 2001 (asp 2) by more than one authority—

(a) it may not be varied or revoked by virtue of this paragraph by the Secretary of State or the Scottish Ministers unless he has, or they have, consulted the other authority or authorities who made the scheme; and

(b) it may not be varied or revoked by virtue of this paragraph by any other authority without the consent of the other authority or authorities who made the scheme.]

Extent Information

E2 This version of this provision extends to Scotland only; a separate version has been created for England and Wales only

Textual Amendments

F135 Words in Sch. 9 para. 27(1) substituted (1.7.2001) by 2001 asp 2, s. 83, Sch. 2 para. 3(3)(a) (with s. 66); S.S.I. 2001/132, art. 2(3), Sch. Pt. II (subject to transitional provisions in arts. 3, 4)

F136 Figure in Sch. 9 para. 27(1) inserted (1.7.1992) by Road Traffic (Temporary Restrictions) Act 1991 (c. 26, SIF 107:1), s. 1(4); S.I. 1992/1218, art. 2

F137 Words in Sch. 9 para. 27(1) inserted (3.5.1994) by 1994 c. 11, s. 3(1), Sch. para. 5(2)

F138 In Sch. 9 para. 27(1), reference to s. 30 repealed (1.11.1991) by New Roads and Street Works Act 1991 (c. 22, SIF 59, 108), s. 168(1)(2), Sch. 8 para. 80(7), Sch. 9; which repeal 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.

F139 Words in Sch. 9 para. 27(2) substituted (1.4.1996) by 1994 c. 19, ss. 22(1), 66(8), Sch. 7 Pt. II para. 38(11)(c), Sch. 18 (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 22(3)); S.I. 1996/396, art. 3, Sch. 1

F140 Sch. 9 para. 27(3) inserted (1.7.2001) by 2001 asp 2, s. 83, Sch. 2 para. 3(3)(b) (with s. 66); S.S.I. 2001/132, art. 2(3), Sch. Pt. II (subject to transitional provisions in arts. 3, 4)

F141 Words in Sch. 9 para. 27(3) substituted (S.) (4.12.2023) by Transport (Scotland) Act 2019 (asp 17), s. 130(2), sch. para. 1(3) (with s. 126); S.S.I. 2023/250, sch.

28 E+W+S For the avoidance of doubt it is hereby declared that, subject to Part II of this Schedule, the power to vary or revoke an order made under or by virtue of any of the provisions referred to in paragraph 27(1) above extends to the variation or revocation of any such order in connection with the provision in question as is mentioned below, notwithstanding that it was made by, or by direction of, the Secretary of State [F120 or the Scottish Ministers] , that is to say—

(a) an order made in pursuance of a direction under paragraph 2 of this Schedule;

(b) except where the provision in question is section 45, 46, 49, 50 or 53 of this Act, an order made by virtue of paragraph 3 of this Schedule;

(c) where the provision in question is section 45, 46, 49 F121 . . . or 53 of this Act an order which is made by virtue of paragraph 3 of this Schedule and relates to a parking place for the time being controlled by the local authority within the meaning of section 45 of this Act F121 . . . ; F122 . . .

(d) an order under paragraph 7 of this Schedule [or].

F123 [(e) an order under section 34 of the Deregulation and Contracting Out Act 1994.]

Textual Amendments

F120 Words in Sch. 9 para. 28 inserted (23.5.2016) by Scotland Act 2016 (c. 11), s. 72(7), Sch. 2 para. 17(2)

F121 “, 50" repealed by Local Government Act 1985 (c. 51, SIF 81:1), ss. 1, 102(2)(3), Sch. 17

F122 Word in Sch. 9 para. 28(c) repealed (3.11.1994) by 1994 c. 40, ss. 81, 82(3), Sch. 17

F123 Sch. 9 para. 28(e) and word “or" immediately preceding it inserted (3.11.1994) by 1994 c. 40, ss. 39, 82(3), Sch. 11 para. 5

Modifications etc. (not altering text)

C33 Sch. 9 para. 28 modified (11.2.2021) by High Speed Rail (West Midlands - Crewe) Act 2021 (c. 2), s. 64(1), Sch. 30 para. 5(2)(3)

29 E+W+S Nothing in paragraph 8 of this Schedule shall prevent the exercise by the [F124 national authority] of the power to revoke any order made F125 ... under paragraph 7 of this Schedule.

Textual Amendments

F124 Words in Sch. 9 para. 29 substituted (23.5.2016) by Scotland Act 2016 (c. 11), s. 72(7), Sch. 2 para. 17(3)(a)

F125 Words in Sch. 9 para. 29 omitted (23.5.2016) by virtue of Scotland Act 2016 (c. 11), s. 72(7), Sch. 2 para. 17(3)(b)

PART V E+W+S Consultation With Traffic Commissioners

30 E+W+S This Part of this Schedule applies to any order made under section 19 or 38(1)(a) of this Act, otherwise than in pursuance of a direction under paragraph 2 of this Schedule.

31 E+W+S Before making an order to which this Part of this Schedule applies, the local authority—

(a) [F126 shall consult with the traffic [F127 commissioner] for any traffic area constituted for the purposes of the Public Passenger Vehicles Act 1981 in which the area, or any part of the area, of the local authority is situated, and]

(a) [F126 shall consult the senior traffic commissioner appointed under section 4A of the Public Passenger Vehicles Act 1981, and]

(b) if the local authority’s area is situated wholly or partly within an area [F128 which is [F129 an integrated transport area or] a passenger transport area for the purposes of Part II of the Transport Act 1968, shall consult with the Passenger Transport Executive for [F130 that area].]

Textual Amendments

F126 Sch. 9 para. 31(a) substituted (E.W) (3.7.2013) by The Local Transport Act 2008 (Traffic Commissioners) (Consequential Amendments) Order 2013 (S.I. 2013/1644), art. 1(1), Sch. 3 (with art. 7)

F127 Word substituted by Transport Act 1985 (c. 67, SIF 126), s. 3(5), Sch. 2 Pt. II para. 6

F128 Words substituted by Transport Act 1985 (c. 67, SIF 126), s. 57(6), Sch. 3 para. 33

F129 Words in Sch. 9 para. 31(b) inserted (E.W.) (9.2.2009) by Local Transport Act 2008 (c. 26), ss. 77(5), 134, Sch. 4 para. 51(2)(a); S.I. 2009/107, art. 2(1), Sch. 1 Pt. 1 (subject to Sch. 1 Pt. 2)

F130 Words in Sch. 9 para. 31(b) substituted (E.W.) (9.2.2009) by Local Transport Act 2008 (c. 26), ss. 77(5), 134, Sch. 4 para. 51(2)(b); S.I. 2009/107, art. 2(1), Sch. 1 Pt. 1 (subject to Sch. 1 Pt. 2)

32 E+W+S If the order is required to be submitted [F131 for] consent under Part II of this Schedule, the local authority shall consult as mentioned in paragraph 31 above before submitting it F132 ....

Textual Amendments

F131 Word in Sch. 9 para. 32 substituted (23.5.2016) by Scotland Act 2016 (c. 11), s. 72(7), Sch. 2 para. 18(a)

F132 Words in Sch. 9 para. 32 omitted (23.5.2016) by virtue of Scotland Act 2016 (c. 11), s. 72(7), Sch. 2 para. 18(b)

33 E+W+S Paragraphs 31 and 32 above shall have effect without prejudice to paragraph 20 or to any regulations made under paragraph 21 or (in relation to an order under section 38(1)(a) of this Act) any regulations made under paragraph 23 of this Schedule.

PART VI E+W+S Validity of Certain Orders

Modifications etc. (not altering text)

C34 Pt. VI (paras. 34–37) extended by Local Government Act 1985 (c. 51, SIF 81:1), ss. 1, 2, 8(2), Sch. 5 para. 8

C35 Pt. VI (paras. 34–37) amended by Local Government Act 1985 (c. 51, SIF 81:1), s. 8(2), Sch. 5 para. 12(4)

C36 Pt. VI (paras. 34–37) applied by Road Traffic Act 1988 (c. 52, SIF 107:1), s. 19A(7) (as inserted by Road Traffic (Consequential Provisions) Act 1988 (c. 54, SIF 107:1), s. 4 Sch. 2 para. 22(1))

C37 Sch. 9 Pt. VI applied (with modifications)(6.3.1992) by Aberdeen Harbour Order Confirmation Act 1992 (c. ii), s. 1, Sch. s. 3(2).

34 (1) This Part of this Schedule applies— E+W+S

(a) to any order made under or by virtue of any of the following provisions of this Act, namely, sections 1, 6, 9 [F133 16A], 19, 32, 37 and 38, and

(b) to any designation order.

(2) In this Part of this Schedule—

(a) “the relevant powers”, in relation to any such order as is mentioned in sub-paragraph (1)(a) above, means the powers with respect to such an order conferred by this Act, and, in relation to a designation order, means the powers of sections 45, 46, 49, F134 . . . and 53 of this Act, and

(b) “the relevant requirements”, in relation to any such order as is mentioned in sub-paragraph (1)(a) above, means any requirement of, or of any instrument made under, any provision of this Act with respect to such an order, and, in relation to a designation order, means any requirement of sections 45, 46, 49, F134 . . . and 53 of this Act or of Parts I to III of this Schedule or of any regulations made under Part III of this Schedule.

Textual Amendments

F133 Figure in Sch. 9 para. 34(1)(a) inserted (3.5.1994) by 1994 c. 11, s. 3(1), Sch. para. 5(3)

F134 “50" repealed by Local Government Act 1985 (c. 51, SIF 81:1), ss. 1, 102(2)(3), Sch. 17

35 E+W+S If any person desires to question the validity of, or of any provision contained in, an order to which this Part of this Schedule applies, on the grounds—

(a) that it is not within the relevant powers, or

(b) that any of the relevant requirements has not been complied with in relation to the order,

he may, within 6 weeks from the date on which the order is made, make an application for the purpose to the High Court or, in Scotland, to the Court of Session.

Modifications etc. (not altering text)

C38 Sch. 9 para. 35 applied (with modifications) (3.11.1994) by 1994 c. 40, ss. 34(8), 82(3)

C39 Sch. 9 para. 35 modified (11.2.2021) by High Speed Rail (West Midlands - Crewe) Act 2021 (c. 2), s. 64(1), Sch. 30 para. 5(4)

36 (1) On any application under this Part of this Schedule the court— E+W+S

(a) may, by interim order, suspend the operation of the order to which the application relates, or of any provision of that order, until the final determination of the proceedings; and

(b) if satisfied that the order, or any provision of the order, is not within the relevant powers, or that the interests of the applicant have been substantially prejudiced by failure to comply with any of the relevant requirements, may quash the order or any provision of the order.

(2) An order to which this Part of this Schedule applies, or a provision of any such order, may be suspended or quashed under sub-paragraph (1) above either generally or so far as may be necessary for the protection of the interests of the applicant.

Modifications etc. (not altering text)

C40 Sch. 9 para. 36 applied (with modifications) (3.11.1994) by 1994 c. 40, ss. 34(8), 82(3)

37 E+W+S Except as provided by this Part of this Schedule, an order to which this Part of this Schedule applies shall not, either before or after it has been made, be questioned in any legal proceedings whatever.

Modifications etc. (not altering text)

C41 Sch. 9 para. 37 applied (with modifications) (3.11.1994) by 1994 c. 40, ss. 34(8), 82(3)