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SCHEDULES

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

Modifications etc. (not altering text)

Part IIIE+W+S Procedure as to certain orders

Subordinate Legislation Made

P1Sch. 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)

C3Sch. 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

20(1)Subject to sub-paragraph (2) below, before [F1making] make an order under or by virtue of any of the following provisions of this Act, namely, sections 1, 6, 9, 19, 29, F2 . . . 32, 35, 37, 38, 45, 46, 49, F3. . . 61, 83(2) and 84, [F4a strategic highways company, ] [F5a 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 [F6for] consent under Part II of this Schedule [F7or any other provision of this Act, [F8the company,]], the authority [F9or, as the case may be, Transport for London]shall so consult before submitting the order F10....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

F1Words in Sch. 9 para. 20(1) substituted (3.7.2000) by S.I. 2000/1547, art. 3(2)(a)

F2In Sch. 9 para. 20(1) reference to s. 30 repealed (1.11.1991) by New Roads and Street Works Act 1991 (c. 22, SIF 59, 108), s. 168(1)(2), Sch. 8 para. 80(3), Sch. 9; which repeal is in force for Scotland only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.

F4Words 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)

F5Words in Sch. 9 para. 20(1) substituted (3.7.2000) by S.I. 2000/1547, art. 3(2)(b)

F7Words in Sch. 9 para. 20(1) inserted (3.7.2000) by S.I. 2000/1547, art. 3(2)(c)

F8Words 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)

F9Words in Sch. 9 para. 20(1) inserted (3.7.2000) by S.I. 2000/1547, art. 3(2)(d)

21E+W+SAs respects orders of [F11a strategic highways company or] a local authority other than [F12the 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 F13. . ., the [F14national 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 [F14national authority] or a county council where such submission is required, and the consideration by [F15 the national authority] or by the county council of any such order submitted to [F15 the national authority] or them; and the [F14national authority] shall by regulations under this paragraph make such (if any) provision as [F16 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

F11Words 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)

F13Words 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.

Modifications etc. (not altering text)

C5Sch. 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

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 [F17the council of a London borough of the Common Council of the City of London][F18or Transport for London],—E+W+S

(a)as respects orders made by [F17that council][F19or Transport for London]under any of the provisions referred to in paragraph 20(1) above F20. . ., 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 [F17that council][F19or 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

F17Words substituted by Local Government Act 1985 (c. 51, SIF 81:1), ss. 1, (2), 8(1), Sch. 5 para. 4(39)(j)

F18Words in Sch. 9 para. 23(1) inserted (3.7.2000) by S.I. 2000/1547, art. 3(3)(a)

F19Words in Sch. 9 para. 23(1)(a)(b) inserted (3.7.2000) by S.I. 2000/1547, art. 3(3)(b)

F20Words 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)

24E+W+SThe [F21national authority] may make regulations with respect to the procedure in connection with the making by [F22the 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 [F23the national authority] is authorised to make with respect to [[F24roads for which [F23the national authority] is the traffic authority] under any of the provisions referred to in paragraph 20(1) above,

or [F25, where the national authority is the Secretary of State,] with respect to the procedure in connection with appeals to him by district councils under [F26section 39] of this Act.

Textual Amendments

F24Words 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.

Modifications etc. (not altering text)

C8Sch. 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

25E+W+SAny 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 [F27road], the authority may, whether or not they are the [F28traffic 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 [F27road], whether or not belonging to that authority.

Textual Amendments

F28Words 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 [F29national 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 [F30national authority] to affect substantially the character of the order, [F31the national authority] shall take such steps as appear to [F32the national authority] to be sufficient and reasonably practicable for informing any local authority concerned and any other person likely to be concerned.

Textual Amendments

Modifications etc. (not altering text)

C9Sch. 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