Road Traffic Regulation Act 1984

Part I E+W+S Reserve Powers of Secretary of State

Modifications etc. (not altering text)

C1 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))

[F1 1 E+W+S Subject to paragraphs 8 and 26 of this Schedule, the Secretary of State, after consultation with 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, [F2 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 authority a direction under paragraph 2 below with respect to any of those provisions.]

Textual Amendments

F1 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)

F2 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)

Modifications etc. (not altering text)

C2 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 F3 . . . authorised authority F3 . . . 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 F3 . . . authority (either generally, or without the consent of the Secretary of State, 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

F3 Words repealed by Local Government Act 1985 (c. 51, SIF 81:1), ss. 1, 102(2)(3), Sch. 17

3 (1) Any power to make an order conferred on F4 . . . an authorised authority by any of the provisions specified in F4 . . . paragraph 1 above shall, subject to sub-paragraph (2) below, be exercisable by the Secretary of State as well as by the F4 . . . 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 F4 . . . an authorised authority with which the F4 . . . authority have failed to comply.

Textual Amendments

F4 Words repealed by Local Government Act 1985 (c. 51, SIF 81:1), ss. 1, 102(2)(3), Sch. 17

Modifications etc. (not altering text)

C3 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 Secretary of State has made an order by virtue of paragraph 3 above—

(a) so far as appears to him necessary in order to make the order effective, he, or (except where the power is a power of [F5 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 he may make arrangements for the purpose, shall have power to do anything which F6 . . . the authorised authority would have had power to do if the order had been made by them, and

(b) he may recover from the F7 . . . authorised authority any expenses incurred by him by virtue of sub-paragraph (a) above (such expenses, in England or Wales, to be so recoverable by him summarily as a civil debt).

Textual Amendments

F5 Words substituted by Local Government Act 1985 (c. 51, SIF 81:1), ss. 1, 2, 8(1), Sch. 5 para. 4(39)(b)

F6 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

F7 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)

C4 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

5 (1) Paragraphs 1 to 4 above shall have effect in any case in which it appears to the Secretary of State that [F8 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 [F8 their area] as is appropriate for preserving or improving the amenities of [F8 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

F8 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 F9 . . . of this Act by an order of the Secretary of State, then if, with the consent of the Treasury, the Secretary of State enters into an agreement with the local authority F9 . . . for the transfer to that authority F9 . . . 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 Secretary of State 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 Secretary of State) 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 Secretary of State to be requisite in consequence of the transfer as he may direct; and

(c) the provisions of sections 45 to [F10 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 F11 . . . the local authority F11 . . .

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

Textual Amendments

F9 Words repealed by Local Government Act 1985 (c. 51, SIF 81:1), ss. 1, 102(2)(3), Sch. 17

F10 “49" substituted by Local Government Act 1985 (c. 51, SIF 81:1), ss. 1, 2, 8(1), Sch. 5 para. 4(39)(d)

F11 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 Secretary of State, after giving notice to F12 . . . the authorised authority concerned and holding, if he 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 F12 . . . 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.

(3) The power to make an order conferred by this paragraph shall be exercisable by statutory instrument.

Textual Amendments

F12 Words repealed by Local Government Act 1985 (c. 51, SIF 81:1), ss. 1, 102(2)(3), Sch. 17

Modifications etc. (not altering text)

C5 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 Secretary of State shall not give any direction under paragraph 2 above or, subject to paragraph 9 below, make any order under paragraph 7 above unless he is satisfied, having regard to any matters appearing to him to be relevant, that the duty under section 122(1) of this Act of F13 . . . the authorised authority concerned is not being satisfactorily discharged by the F13 . . . authority, and that the giving of the direction or the making of the order is necessary to secure compliance with that duty.

Textual Amendments

F13 Words repealed by Local Government Act 1985 (c. 51, SIF 81:1), ss. 1, 102(2)(3), Sch. 17

Modifications etc. (not altering text)

C6 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 Secretary of State may make an order under paragraph 7 above notwithstanding that he is not satisfied as mentioned in paragraph 8 above, if he is satisfied, having regard to any matters appearing to him to be relevant, that there are special circumstances which make it expedient that the order should be made.

Modifications etc. (not altering text)

C7 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.

F14 11 E+W+S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F14 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 [F15 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

F15 Words inserted by Local Government Act 1985 (c. 51, SIF 81:1), ss. 1, 2, 8(1), Sch. 5 para. 4(39)(e)

[F16 12A E+W+S Article 2 of the Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 1999 (SI 1999/1750) shall not apply to a provision of this Schedule in so far as it relates to the exercise of a power under this Act by virtue of section 22C.

Textual Amendments

F16 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)

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

F16 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)