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SCHEDULES

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

Modifications etc. (not altering text)

Part IE+W+S Reserve Powers of [F1national authority]

Textual Amendments

Modifications etc. (not altering text)

[F2 1 E+W+SSubject to paragraphs 8 and 26 of this Schedule, the [F3national authority] , after consultation with [F4a 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, [F514 (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 [F6authorised] authority a direction under paragraph 2 below with respect to any of those provisions.]

Textual Amendments

F3Words in Sch. 9 para. 1 substituted (23.5.2016) by Scotland Act 2016 (c. 11), s. 72(7), Sch. 2 para. 14(3)(a)

F4Words 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)

F6Word 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)

C4Sch. 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

2E+W+SA 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 [F8authorised] F7 . . . authority (either generally, or without the consent of the [F9national 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

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 [F11national authority ] as well as by the [F12authorised] 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

Modifications etc. (not altering text)

C5Sch. 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

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

(a)so far as appears to [F14the national authority] necessary in order to make the order effective, [F15the national authority] , or (except where the power is a power of [F16the 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 [F15the 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)[F15the national authority] may recover from the F18. . . authorised authority any expenses incurred by [F14the national authority] by virtue of sub-paragraph (a) above (such expenses, in England or Wales, to be so recoverable by [F14the national authority] summarily as a civil debt).

Textual Amendments

F13Words in Sch. 9 para. 4 substituted (23.5.2016) by Scotland Act 2016 (c. 11), s. 72(7), Sch. 2 para. 14(6)(a)

F14Words in Sch. 9 para. 4 substituted (23.5.2016) by Scotland Act 2016 (c. 11), s. 72(7), Sch. 2 para. 14(6)(b)

F15Words in Sch. 9 para. 4 substituted (23.5.2016) by Scotland Act 2016 (c. 11), s. 72(7), Sch. 2 para. 14(6)(c)

Modifications etc. (not altering text)

C6Sch. 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 [F19the 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 [F19their area] as is appropriate for preserving or improving the amenities of [F19their 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

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 [F21national authority] , then if, with the consent of the Treasury, the [F21national 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 [F21national 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 [F21national 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 [F21national authority] to be requisite in consequence of the transfer as [F22the national authority] may direct; and

(c)the provisions of sections 45 to [F2349] 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

7(1)Subject to paragraph 8 below, the [F25national authority] , after giving notice to F26. . . the authorised authority concerned and holding, if [F27national 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

F25Words 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)

F27Words 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)

F28Sch. 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)

C7Sch. 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

8E+W+SThe [F29national authority] shall not give any direction under paragraph 2 above or, subject to paragraph 9 below, make any order under paragraph 7 above unless [F30the national authority] is satisfied, having regard to any matters appearing to [F31the 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 [F33authorised ] 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

Modifications etc. (not altering text)

C8Sch. 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

9E+W+SThe [F34national authority] may make an order under paragraph 7 above notwithstanding that [F35the national authority] is not satisfied as mentioned in paragraph 8 above, if [F35the national authority] is satisfied, having regard to any matters appearing to [F36the national authority] to be relevant, that there are special circumstances which make it expedient that the order should be made.

Textual Amendments

Modifications etc. (not altering text)

C9Sch. 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

10E+W+SWhere 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.

F3711E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

12E+W+SWhere the Secretary of State—

(a)gives a direction under paragraph 2 above requiring a county council [F38or 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

[F3912ZAE+W+SA 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

F39Sch. 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)

[F4012BE+W+SA 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