SCHEDULES
C3SCHEDULE 9 Special Provisions as to certain Orders
Part II Consent of F10 national authority to Certain Orders
Words in Sch. 9 Pt. II substituted (23.5.2016) by Scotland Act 2016 (c. 11), s. 72(7), Sch. 2 para. 15(2)
C1C213
1
Where in the case of any order proposed to be made by a local authority other than F1the 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—
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
F8ba
applying to a road for which a strategic highways company is the traffic authority, or
F3c
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
d
being, in the case of an order for the purposes of section 84(1) of this Act—
F3i
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
ii
a provision applying to any road a speed limit of less than 30 miles per hour, or
F4 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 F11national 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 F11national 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any such owner, lessee or occupier who has submitted such an objection has withdrawn it.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 F5vehicle 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 F6local 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 F6vehicle being used in that service in the road, or
ii
any such person who has submitted an objection on that ground has withdrawn it.
F74
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.
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)