Section 6.
1E+W+SFor prescribing the routes to be followed by all classes of traffic, or by any class or classes of traffic, from one specified point to another, either generally or between any specified times.
2E+W+SFor prescribing streets which are not to be used for traffic by vehicles, or by vehicles of any specified class or classes, either generally or at specified times.
3E+W+SFor regulating the relative position in the roadway of traffic of differing speeds or types.
4E+W+SFor prescribing the places where vehicles, or vehicles of any class, may not turn so as to face in the opposite direction to that in which they were proceeding, or where they may only so turn under conditions prescribed by the order.
5E+W+SFor prescribing the conditions subject to which, and the times at which, articles of exceptionally heavy weight or exceptionally large dimensions may be carried by road.
6E+W+SFor prescribing the number and maximum size and weight of trailers which may be drawn on streets by vehicles, or by vehicles of any class, either generally or on streets of any class or description, and for prescribing that a man should be carried on the trailer or, where more than one trailer is drawn, on the rear trailer for signalling to the driver.
7E+W+SFor prescribing the conditions subject to which, and the times at which, articles may be loaded on to or unloaded from vehicles, or vehicles of any class, on streets.
8E+W+SFor prescribing the conditions subject to which, and the times at which, vehicles, or vehicles of any class, delivering or collecting goods or merchandise, or delivering goods or merchandise of any particular class, may stand in streets, or in streets of any class or description, or in specified streets.
9E+W+SFor prescribing the conditions subject to which, and the times at which, vehicles, or vehicles of any class, may be used on streets for collecting refuse.
10E+W+SFor prescribing rules as to precedence to be observed as between vehicles proceeding in the same direction, in opposite directions, or when crossing.
11E+W+SFor prescribing the conditions subject to which, and the times at which, horses, cattle, sheep and other animals may be led or driven on streets within Greater London.
12E+W+SFor requiring the erection, exhibition or removal of traffic notices, and as to the form, plan and character of such notices.
13E+W+SBroken down vehicles.
14E+W+SVehicles, or vehicles of any class, when unattended.
15E+W+SPlaces in streets where vehicles, or vehicles of any class, may, or may not, wait, either generally or at particular times.
16E+W+SCabs and hackney carriages not hired and being in a street elsewhere than on a cab rank.
17E+W+SFor restricting the use of vehicles and animals, and sandwichmen and other persons, in streets for the purposes of advertisement of such a nature or in such a manner as is to be likely to be a source of danger or to cause obstruction to traffic.
18E+W+SThe lighting and guarding of street works.
19E+W+SThe erection or placing or the removal of any works or objects likely to hinder the free circulation of traffic in any street or likely to cause danger to passengers or vehicles.
20E+W+SQueues of persons waiting in streets.
21E+W+SPriority of entry to public vehicles.
22E+W+SFor enabling any police, local or other public authority to do anything which under the order a person ought to have done and has failed to do, and to recover from the person so in default, summarily as a civil debt, the expenses of doing it.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1Sch. 2 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 18), s. 1(1), Sch. 1 Pt. 14
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F2Sch. 3 repealed (1.7.1992) by Road Traffic (Temporary Restrictions) Act 1991 (c. 26, SIF 107:1), s. 2(2), Sch.2; S.I. 1992/1218, art.2.
Section 43.
1E+W+SBefore deciding to propose the making of regulations under section 43 of this Act with respect to any matter, [F7the local authority] shall consult with such representative organisations as they think fit and, if after such consultation they decide to make such a proposal, they shall cause to be published in the London Gazette and in one or more daily newspapers circulating throughout Greater London a notice stating that they propose to make such regulations, giving a summary of their effect, and specifying—
(a)a place at which provisional draft regulations may be inspected at all reasonable hours and from which a copy of those draft regulations may be obtained on request; and
(b)a date (not being earlier than six weeks after the date of publication of the notice) by which representations with respect to the draft regulations, which should include the grounds for any objection thereto, must be sent in writing to [F7the local authority];
and on causing such a notice to be published [F7the local authority] shall send a copy of the notice and of the draft regulations to the Secretary of State F8. . . ; and [F7the local authority] shall not make any regulations in pursuance of the proposal to which the notice relates before the expiration of the period of twelve weeks beginning with the date when the notice is published.
Textual Amendments
F7Words substituted by Local Government Act 1985 (c. 51, SIF 81:1), ss. 1, 2, 8(1), Sch. 5 para. 4(38)(a)(i)
F8Words repealed by Local Government Act 1985 (c. 51, SIF 81:1), ss. 1, 2, 8(1), 102(2)(3), Sch. 5 para. 4(38)(a)(ii), Sch. 17
2E+W+SAs soon as may be after the date specified by the notice for the making of representations with respect to the draft regulations, [F9the local authority] shall send to the Secretary of State copies of all representations received by them by that date or, if no representations have been so received, shall inform the Secretary of State in writing of that fact.
Textual Amendments
F9Words substituted by Local Government Act 1985 (c. 51, SIF 81:1), ss. 1, 2, 8(1), Sch. 5 para. 4(38)(b)
3E+W+SIn the case of any proposal, the Secretary of State may at any time before the expiration of the period of twelve weeks give to [F10the local authority] a direction in writing that, except with the consent of the Secretary of State, regulations shall not be made in pursuance of that proposal—
(a)with respect to all, or with respect to such as may be specified, of the matters to which the proposal relates; or
(b)in relation to, or to a specified part of, any specified area which has been or is proposed to be designated as a controlled area;
and on any such direction being given the Secretary of State shall cause notice thereof to be published in the London Gazette and [F10the local authority] shall comply with that direction.
Textual Amendments
F10Words substituted by Local Government Act 1985 (c. 51, SIF 81:1), ss. 1, 2, 8(1), Sch. 5 para. 4(38)(b)
4(1)Where in the case of any proposal the Secretary of State has given a direction, he shall as soon thereafter as he is in a position to do so notify [F11the local authority] in writing with respect to each of the matters or areas to which the direction relates either—E+W+S
(a)that he consents to the making of regulations with respect to that matter or in relation to that area in pursuance of that proposal; or
(b)that he is not prepared in any circumstances to consent to the making of such regulations in pursuance of that proposal; or
(c)that subject to sub-paragraph (2) below he is prepared to consider consenting to the making of such regulations in pursuance of that proposal if a revised draft is submitted to him for the purpose incorporating modifications of a specified nature or in other specified circumstances;
and before deciding the notification to be given to [F11the local authority] under this paragraph with respect to any matter or in relation to any area the Secretary of State may if he thinks fit appoint a person to hold any inquiry in connection with that matter or area, and subsections (2) to (5) of section 250 of the M1Local Government Act 1972 shall apply to any such inquiry as they apply to such an inquiry as is referred to in subsection (1) of that section, with the substitution for any reference to a department of a reference to the Secretary of State.
(2)The Secretary of State shall not consider any such revised draft as is referred to in sub-paragraph (1)(c) above unless he is satisfied that [F11the local authority]—
(a)have taken appropriate steps to inform any persons affected by the modifications incorporated in the revised draft of the nature of those modifications and have afforded those persons a reasonable opportunity to make representations with respect to the revised draft regulations; and
(b)have supplied the Secretary of State with copies of any such representations made.
Textual Amendments
F11Words substituted by Local Government Act 1985 (c. 51, SIF 81:1), ss. 1, 2, 8(1), Sch. 5 para. 4(38)(b)
Marginal Citations
M11972 c. 70(81:1).
5(1)In the case of any proposal, [F12the local authority] may if they think fit at any time after the expiration of the period of twelve weeks make regulations in pursuance of that proposal with respect to any matter or in relation to any area which is not the subject of a direction under paragraph 3, or which is the subject of a consent under paragraph 4(1)(a) above, being regulations either—E+W+S
(a)in the form of the provisional draft with any modifications necessary in consequence of any such direction with respect to any other matter or area; or
(b)subject to sub-paragraph (2) below, in the form of that draft modified in such manner as [F12the local authority] think fit, whether as a result of any representations to which paragraph 2 above applies or otherwise.
(2)[F12The local authority] shall not make any regulations by virtue of subparagraph (1)(b) above unless a draft of the regulations in the form in which they are to be made has been submitted to the Secretary of State and the Secretary of State has given his consent to their being made.
Textual Amendments
F12Words substituted by Local Government Act 1985 (c. 51, SIF 81:1), ss. 1, 2, 8(1), Sch. 5 para. 4(38)(b)
6E+W+SIn deciding in the case of any proposal whether or not to make any regulations in pursuance thereof by virtue of paragraph 5 above [F13the local authority] shall have regard to any representations to which paragraph 2 above applies; and in deciding whether or not to give any consent under this Part of this Schedule to the making of regulations by [F13the local authority] in pursuance of any such proposal, the Secretary of State shall have regard to any such representations, to the report of any person appointed to hold an inquiry under paragraph 4 above in connection with the proposal in question, and to any such representations as are referred to in sub-paragraph (2) of paragraph 4; and the Secretary of State shall cause notice of the giving by him of any consent under this Part of this Schedule to be published in the London Gazette.
Textual Amendments
F13Words substituted by Local Government Act 1985 (c. 51, SIF 81:1), ss. 1, 2, 8(1), Sch. 5 para. 4(38)(b)
7E+W+SSubject to the provisions of Parts III and IV of this Schedule with respect to appeals and compensation, the provisions of this Part of this Schedule shall apply in relation to any permanent licence granted by the local authority.
8E+W+SIf at any time it appears to the local authority expedient to do so in the interests of the proper planning of transport in [F14their area], they may by not less than twelve months’ notice in writing to the holder of the licence either—
(a)revoke the licence; or
(b)vary the terms and conditions thereof specified under section 43(4)(b) and (c) of this Act.
Textual Amendments
F14Words substituted by Local Government Act 1985 (c. 51, SIF 81:1), ss. 1, 2, 8(1), Sch. 5 para. 4(38)(c)
9E+W+SIf at any time it appears to the local authority that the holder of a licence (whether the person for the time being holding that licence or a previous holder thereof) has discontinued making parking spaces available to the public at the licensed parking place and that the discontinuance has lasted for a period of not less than two years, then, subject to paragraph 13 below, they may by notice in writing to the holder of the licence revoke it.
10E+W+SIf at any time it appears to the local authority that for a period of not less than two years the person, or each of the persons, who was for the time being during that period the holder of a licence in respect of a licensed parking place has made available to the public at that parking place a substantially lower number of parking spaces than that authorised by the licence, then, subject to paragraph 13 below, they may by notice in writing to the holder of the licence vary the terms and conditions of the licence specified under section 43(4)(b) and (c) of this Act so as to authorise the provision at the licensed parking place of only that number of parking spaces which it appears to the local authority was being provided at the date of the notice.
11E+W+SIf in the case of a licensed parking place which was ready for operation at the date of the grant of the licence the local authority are satisfied at any time that for a period of not less than two years beginning with that date the person, or each of the persons, who was for the time being during that period the holder of the licence has not made any significant number of parking spaces available to the public at the licensed parking place, then, subject to paragraph 13 below, they may by notice in writing to the holder of the licence revoke it.
12(1)Where at the date when the licence was granted the development as a public off-street parking place of the premises in respect of which the licence was granted had not been begun or had not been completed then, subject to paragraph 13 below—E+W+S
(a)if there has been a period of not less than three years since that date without that development being begun, or
(b)if there has been a period of not less than seven years since that date without that development being completed, or
(c)if for a period of not less than two years beginning with the date of the completion of that development the person, or each of the persons, who was for the time being during that period the holder of the licence has not made any significant number of parking spaces available to the public at the licensed parking place,
the local authority may by notice in writing to the holder of the licence revoke it.
(2)For the purposes of sub-paragraph (1) above the development there referred to shall be taken to begin at the earliest date on which [F15any material operation within the meaning of section 56(4) of the Town and Country Planning Act 1990] comprised in that development begins to be carried out.
Textual Amendments
F15Words substituted by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 4, Sch. 2 para. 64(2)(a)
13E+W+SWhere notice under paragraph 9, 10, 11 or 12(1) above is given after the expiration of the relevant period referred to in the paragraph in question the notice shall be of no effect if it is given more than three months after the expiration of that period.
14(1)If a person who is, or who proposes to become, the operator of a public off-street parking place in a controlled area or any other person entitled to an interest in the premises used or proposed to be used for the purposes of that parking place is aggrieved by a decision of the local authority—E+W+S
(a)to refuse an application for the grant of a licence in respect of those premises; or
(b)as to the terms and conditions to be specified under section 43(4) (b) and (c) of this Act in a licence granted in respect of those premises; or
(c)to refuse an application for a variation of the terms and conditions so specified in a permanent licence granted in respect of those premises; or
(d)to revoke a licence granted in respect of those premises; or
(e)to vary under Part II of this Schedule any of the terms and conditions specified under the said section 43(4)(b) and (c) in a permanent licence granted in respect of those premises,
he may by notice served within such time (not being less than twenty-eight days from the date of notification of the decision to which it relates) and in such manner as the Secretary of State may by regulations under paragraph 17 below direct, appeal to the Secretary of State from that decision.
(2)If in a case where—
(a)a person makes an application to the local authority for a licence in respect of premises in respect of which a licence is not for the time being in force; or
(b)the person who is the holder of a permanent licence in respect of any premises duly makes an application to the local authority for a specified variation of the terms and conditions of the licence specified under the said section 43(4)(b) and (c),
the local authority have not notified that person of their decision on his application by the expiration of the period of two months beginning with the date when they received the application or such longer period beginning with that date as may have been agreed for the purpose between that person and the local authority, the local authority shall be deemed for the purposes of this Schedule to have notified that person at the date of the expiration of that period that they have decided to refuse the application.
15E+W+SThe Secretary of State shall not be required to entertain an appeal under this Part of this Schedule from any decision of a local authority if or to the extent that it appears to him that the decision was necessary in order to comply with the requirements of section 43 of this Act or with any regulations made by [F16the local authority] by virtue of subsection (6) of that section which are for the time being in force.
Textual Amendments
F16Words substituted by Local Government Act 1985 (c. 51, SIF 81:1), ss. 1, 2, 8(1), Sch. 5 para. 4(38)(d)
16(1)Subject to sub-paragraph (2) below, before determining an appeal under this Part of this Schedule the Secretary of State shall, if either the appellant or the local authority so request, afford to each of them an opportunity of appearing before, and being heard by, a person appointed by the Secretary of State for the purpose.E+W+S
(2)If the Secretary of State thinks fit in any case where such a request is made, he may, instead of complying with that request, appoint a person to hold an inquiry in connection with the appeal, and subsections (2) to (5) of section 250 of the M2Local Government Act 1972 shall apply to any such inquiry as they apply to such an inquiry as is referred to in subsection (1) of that section, with the substitution for any reference to a department of a reference to the Secretary of State.
Marginal Citations
M21972 c. 70(81:1).
17(1)The Secretary of State may by regulations make provisions as to the procedure to be followed in connection with appeals under this Part of this Schedule, including the procedure in connection with matters preparatory to, or subsequent to, the consideration of the appeal.E+W+S
F17(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F17Sch. 4 para. 17(2) repealed by Local Government Act 1985 (c. 51, SIF 81:1), ss. 1, 102(2)(3), Sch. 17
18(1)On an appeal being brought under this Part of this Schedule from a decision of the local authority, the Secretary of State may either dismiss the appeal or substitute for that decision such other decision, as he thinks fit; and, subject to sub-paragraph (2) below, the decision of the Secretary of State on the appeal shall be final and shall be binding both on the appellant and on the local authority, and the local authority shall take such steps as may be necessary to give effect to any such substituted decision.E+W+S
(2)Subsection (1) of [F18section 11 of the M3Tribunals and Inquiries Act 1992](which relates to appeals on points of law from decisions of certain tribunals) shall apply to a decision of the Secretary of State on an appeal under this Part of this Schedule as it applies to a decision of any of the tribunals mentioned in that subsection, but as if the reference to any party to proceedings before such a tribunal were a reference to the local authority or any person who had, or if aggrieved would have had, a right to appeal to the Secretary of State under this Part of this Schedule, whether or not he has exercised that right; and accordingly references in subsections (1) [F18and (4)]of that section to a tribunal shall be construed in relation to such an appeal as references to the Secretary of State.
Textual Amendments
F18Words in Sch. 4 para. 18(2) substituted (1.10.1992) by Tribunals and Inquiries Act 1992 (c. 53), ss. 18(1), 19(2), Sch. 3 para.15.
Marginal Citations
19E+W+SWhere a person who, at the date when the area is first designated as a controlled area by regulations of [F19the local authority] under section 43 of this Act, is the operator of a public off-street parking place at premises in that area which have at that date been used as such a parking place for a continuous period of not less than six months duly makes an application to the local authority for a licence in respect of those premises before the expiration of the period prescribed for such applications in respect of parking places in operation at that date, and the local authority decide either—
(a)to refuse the application; or
(b)to grant the applicant a licence on terms and conditions specified under subsection (4)(b) and (c) of section 43 such that under the licence the applicant will not be able to operate the premises as a parking place to such advantage or potential advantage as immediately before he made his application,
paragraph 22 below shall apply to that decision of the local authority.
Textual Amendments
F19Words substituted by Local Government Act 1985 (c. 51, SIF 81:1), ss. 1, 2, 8(1), Sch. 5 para. 4(38)(d)
20E+W+SWhere—
(a)at the date when notice of a proposal to make regulations under section 43 of this Act designating an area as a controlled area for the purposes of that section is published by [F20the local authority] under paragraph 1 above—
(i)planning permission has been granted for a development which consists of or includes the provision at any premises in that area of a public off-street parking place; and
(ii)that development involves substantial building or engineering operations within the meaning of [F21section 336(1) of the Town and Country Planning Act 1990]; and
(iii)either one or more [F22material operations within section 56(4) of the Town and Country Planning Act 1990] comprised in that development have begun to be carried out or a contract (other than a lease) has been entered into with a person carrying on a business consisting wholly or mainly of the execution of building operations or of building operations and engineering operations whereby that person has undertaken to erect in the course of that business at the said premises a building or structure as a place for the provision of parking spaces for motor vehicles; and
(b)at the date when the area is designated as a controlled area in pursuance of that proposal those premises have not been in use as such a parking place to the full extent provided for by the planning permission for a continuous period of not less than six months; and
(c)the person operating or proposing to operate those premises as such a parking place duly makes application to the local authority for a licence in respect of those premises before the expiration of the period prescribed for such applications in respect of parking places in operation at the date referred to in sub-paragraph (b) above; and
(d)the local authority decide either—
(i)to refuse the application; or
(ii)to grant the applicant a licence on terms and conditions specified under subsection (4)(b) and (c) of the said section 43 such that under the licence the applicant will not be able to operate the premises as such a parking place to such advantage or potential advantage as if the area had not been designated as a controlled area,
paragraph 22 below shall apply to that decision of the local authority.
Textual Amendments
F20Words substituted by Local Government Act 1985 (c. 51, SIF 81:1), ss. 1, 2, 8(1), Sch. 5 para. 4(38)(d)
F21Words substituted by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 4, Sch. 2 para. 64(2)(b)
F22Words in Sch. 4 para. 20(a)(iii) substituted (19.11.1998) by 1998 c. 43, s. 1(2), Sch. 2 para. 12(1)(2)
21E+W+SParagraph 22 below shall apply to any decision of the local authority—
(a)to revoke a permanent licence under paragraph 8 above; or
(b)to vary under paragraph 8 any of the terms and conditions specified in a permanent licence under section 43(4)(b) and (c) of this Act in such manner that the holder of the licence will not be able to operate the licensed parking place to such advantage or potential advantage as if the variation had not been made; or
(c)to refuse an application by the holder of a permanent licence for a special variation of the terms and conditions specified under section 43(4)(b) and (c) in a case where—
(i)by reason of a happening beyond the control of the holder of the licence he cannot continue to operate the licensed parking place in accordance with the licence as for the time being in force to such advantage or potential advantage as before that happening; and
(ii)the making of that variation would wholly or partly mitigate the adverse effects of that happening without enabling the holder of the licence to operate the licensed parking place to greater advantage or potential advantage than before that happening.
22(1)If, on a claim made to the local authority in writing within the period of six months or such longer period as may be allowed under sub-paragraph (2) below beginning with the date when the person who is, or who proposes to become, the operator of a public off-street parking place is, or is deemed under paragraph 14(2) above to have been, notified of a decision of the local authority under section 43 of this Act or Part II of this Schedule relating to that parking place, that person or any other person entitled to an interest in the premises used or proposed to be used for the purposes of that parking place shows that the decision is one to which, under paragraph 19, 20 or 21 above, this paragraph is to apply and that the claimant has suffered damage in consequence of that decision by depreciation of the value of his interests in those premises, or by being disturbed in his enjoyment of those premises, the local authority shall pay the claimant compensation in respect of that damage.E+W+S
(2)If within the period of six months referred to in sub-paragraph (1) above any such person as is referred to in that sub-paragraph has made an application to the Secretary of State for that purpose and has given notice to the local authority of the making of that application, the Secretary of State may, if he thinks fit, in the circumstances of the case, direct that sub-paragraph (1) above shall apply in relation to the decision in question as if for the reference in that sub-paragraph to six months there were substituted a reference to such longer period as the Secretary of State thinks fit.
(3)For the purpose of determining whether or not a claimant has suffered damage, there shall be taken into account any alternative use to which the premises could reasonably be put, being a use in the case of which the local authority show either—
(a)that any necessary planning permission, whether conditional or unconditional, for that use has already been granted; or
(b)that the local planning authority have given an undertaking that if planning permission for that use is applied for it will be granted either unconditionally or subject to specified conditions;
and in a case where this paragraph applies by virtue of paragraph 21(c) above there shall also be taken into account any alternative variation to that applied for by the holder of the licence in question which the local authority have undertaken to grant on an application being made for that purpose.
(4)[F23Section 117 of the Town and Country Planning Act 1990] shall apply to any compensation payable under sub-paragraph (1) above in respect of depreciation of the value of a claimant’s interest in the premises concerned; and any question as to the right to, or the amount of, compensation under sub-paragraph (1) shall be referred to and determined by the [F24Upper Tribunal], and in relation to the determination of any such question the provisions of [F25section] 4 of the M4Land Compensation Act 1961 shall apply subject to any necessary modifications.
(5)Where compensation has become payable under sub-paragraph (1) above in respect of an interest in any premises and subsequently an order with respect to the use of those premises as a parking place is made under [F26section 97 or 102 of paragraph 1 of Schedule 9 to the said Act of 1990], the amount of that compensation shall be taken into account in assessing any compensation on a claim by reason of expenditure, loss or damage in consequence of that order made in respect of that interest under [F26section 107 or, as the case may be, section 115 of that Act].
F27(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F23Words substituted by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 4, Sch. 2 para. 64(2)(c)(i)
F24Words in Sch. 4 para. 22(4) substituted (1.6.2009) by The Transfer of Tribunal Functions (Lands Tribunal and Miscellaneous Amendments) Order 2009 (S.I 2009/1307), art. 5(1)(2)(6), {Sch. 1 para. 165(a)} (with Sch. 5)
F25Words in Sch. 4 para. 22(4) substituted (1.6.2009) by The Transfer of Tribunal Functions (Lands Tribunal and Miscellaneous Amendments) Order 2009 (S.I 2009/1307), art. 5(1)(2)(6), {Sch. 1 para. 165(b)} (with Sch. 5)
F26Words substituted by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 4, Sch. 2 para. 64(2)(c)(i)
F27Sch. 4 para. 22(6) repealed by Local Government Act 1985 (c. 51, SIF 81:1), ss. 1, 102(2)(3), Sch. 17
Marginal Citations
M41961 c. 33(28:1).
23E+W+SWhere notice of appeal from any such decision of the local authority as is referred to in paragraph 19, 20 or 21 above has been duly given under Part III of this Schedule—
(a)paragraph 22 above shall not have effect in relation to that decision until that appeal is determined or abandoned;
(b)the person who is, or who proposes to become, the operator of a public off-street parking place at the premises to which the decision relates shall be deemed for the purposes of paragraph 22 to have been notified of the local authority’s decision on the date when the appeal is determined or abandoned; and
(c)if on that appeal the Secretary of State substitutes a different decision for that of the local authority, the local authority shall be deemed for the purposes of paragraph 22 to have made that substituted decision and not their original decision.
24E+W+SWhere, in the case of a decision of the local authority relating to any premises, paragraph 22 above applies to that decision both by virtue of paragraph 19 and by virtue of paragraph 20 above, then—
(a)upon the person who is, or who proposes to become, the operator of a public off-street parking place at those premises making a claim in respect of that decision under paragraph 22 by virtue of either of paragraphs 19 and 20, any subsequent claim in respect of thereof by that person by virtue of the other of those paragraphs, and any claim in respect thereof made whether before or after that person’s claim by any other person by virtue of the other of those paragraphs, shall be of no effect; and
(b)subject to paragraph (a) above, if a claim in respect of that decision is made under paragraph 22 by any person by virtue of either of paragraphs 19 and 20 any subsequent claim in respect thereof by virtue of the other of those paragraphs shall be of no effect.
25E+W+SWhere, at the date when any area first becomes a controlled area, a person is operating a public off-street parking place in that area, he shall not be guilty of an offence under section 43(12) of this Act by reason of continuing to operate the parking place after that date without a licence—
(a)at any time before the expiration of the period prescribed for the making of applications for licences in respect of parking places in operation at that date; or
(b)if during that period he duly makes an application for a licence in respect of the parking place, at any time after the expiration of that period but before the local authority notify him either that he has been granted a licence or that his application is refused; or
(c)if the local authority notify him that his application is refused, at any time thereafter before the expiration of the time for giving notice of appeal from that decision under Part III of this Schedule; or
(d)if such a notice of appeal is duly given, at any time thereafter until either the local authority’s decision becomes finally effective under the procedure provided for by the said Part III or the licence is granted.
26E+W+SWhere in pursuance of the application referred to in sub-paragraph (b) of paragraph 25 above the person referred to in that paragraph is granted a licence, he shall not be guilty of an offence under section 43(10) of this Act by reason of contravening or failing to comply with any of the terms and conditions specified in the licence under subsection (4)(b) and (c) of that section—
(a)at any time before the expiration of the time for giving notice of appeal under Part III of this Schedule from the decision of the local authority as to those terms and conditions; or
(b)if such a notice of appeal is duly given, at any time thereafter until either the local authority’s decision becomes finally effective under the procedure provided for by the said Part III or the terms and conditions specified as aforesaid in the licence are varied as a result of that procedure.
27E+W+SWhere the operator of a public off-street parking place who is the holder of a licence in respect of that parking place granted for a limited period duly makes an application to the local authority before the date of expiry of that licence for a new licence (whether permanent or for a limited period) authorising the operation of that parking place for a further period after that date, then, if and for so long as he continues to operate that parking place after that date in accordance with the terms and conditions of the expired licence (other than the provision as to its date of expiry)—
(a)he shall not be guilty of an offence under section 43(12) of this Act by reason of operating the parking place after the date aforesaid without a licence—
(i)at any time before the local authority notify him either that he has been granted a new licence in respect of the parking place or that his application is refused; or
(ii)if the local authority notify him that his application is refused at any time thereafter before the expiration of the period for giving notice of appeal from that decision under Part III of this Schedule; or
(iii)if such a notice of appeal is duly given, at any time thereafter until either the local authority’s decision becomes finally effective under the procedure provided for by the said Part III or a new licence is granted;
(b)where he is granted a new licence in pursuance of the application, he shall not be guilty of an offence under section 43(10) by reason of contravening or failing to comply with any of the terms and conditions specified in that new licence under subsection (4)(b) and (c) of that section—
(i)at any time before the expiration of the time for giving notice of appeal under Part III of this Schedule from the decision of the local authority as to those terms and conditions; or
(ii)if such a notice of appeal is duly given, at any time thereafter until either the local authority’s decision becomes finally effective under the procedure provided for by Part III or the terms and conditions specified in the new licence are varied as a result of that procedure.
Section 74.
Extent Information
E1This version of this Schedule extends to England and Wales only; a separate version has been created for Scotland only
Modifications etc. (not altering text)
C1 Sch. 5 para. 3 amended by Gas Act 1986 (c. 44, SIF 44:2) . s. 67(1)(3), Sch. 7 para. 2(2), Sch. 8 para. 33 and Electricity Act 1989 (c. 29, SIF 44:1) , s. 112(1) , Sch. 16 para. 2(5)(9) , Sch. 17 para. 33
1. A building owned by a person authorised by or in persuance of any enactment to carry on any railway, road transport dock or harbour undertaking | [F28The Secretary of State] |
2. A building owned by a person authorised by or in pursuance of any enactment to carry on any canal or inland navigation undertaking | [F28The Secretary of State] |
3. A building owned by electricity or gas undertakers F29. . . | The Secretary of State for Trade and Industry. |
4. A building owned by [F30the National Rivers Authority, a water undertaker or a sewerage undertaker] | [F28The Secretary of State] |
5. A building forming part of an aerodrome licensed under the M5Civil Aviation Act 1982 or any enactment repealed by that Act [F31or authorised by a certificate under Commission Regulation (EU) No 139/2014 of 12 February 2014 laying down requirements and administrative procedures related to aerodromes pursuant to Regulation (EC) No 216/2008 of the European Parliament and of the Council]. | [F28The Secretary of State] |
6. [F32A building owned by— (a)a Post Office company (within the meaning of Part 1 of the Postal Services Act 2011), or (b)a company which is a universal service provider (within the meaning of Part 3 of that Act), where (in each case) more than half of the company’s issued share capital is owned by the Crown (within the meaning of Part 1 of that Act).] | The Secretary of State for Trade and Industry. |
7. A building owned by the Greater London Council, a London borough council or the Common Council of the City of London | [F28The Secretary of State] |
Textual Amendments
F28 Words in Sch. 5 substituted (25.11.2002) by The Transfer of Functions (Transport, Local Government and the Regions) Order 2002 (S.I. 2002/2626) , art. 20 , Sch. 2 para. 11(3)
F29 Words in Sch. 5 para. 3 repealed (27.3.2004) by 1994 c. 21 , ss. 23(2) , 67 , 68(3) , Sch. 9 para. 30 , Sch. 11 Pt. IV (with s. 40(7) ); S.I. 2004/144 , art. 3
F30 Words in Sch. 5 para. 4 substituted (E.W.) by Water Act 1989 (c. 15, SIF 130) , ss. 58(7) , 101(1) , 141(6) , 160(1)(2)(4) , 163 , 190 , 193(1) , Sch. 25 para. 69 , Sch. 26 paras. 17 , 40(4) , 57(6) , 58
F31Words in Sch. 5 inserted (10.1.2015) by The Air Navigation (Amendment) (No. 4) Order 2014 (S.I. 2014/3302), art. 1(1), Sch. para. 4
F32 Sch. 5 para. 6 substituted (1.10.2011) by The Postal Services Act 2011 (Consequential Modifications and Amendments) Order 2011 (S.I. 2011/2085) , art. 1(2) , Sch. 1 para. 17
Modifications etc. (not altering text)
C2 Sch. 5 para. 3 amended (1.3.1996) by 1995 c. 45 , s. 16(1) , Sch. 4 para. 2(2)(h) ; S.I. 1996/218 , art. 2
Marginal Citations
M51982 c. 16(9).
Extent Information
E1This version of this Schedule extends to England and Wales only; a separate version has been created for Scotland only
Modifications etc. (not altering text)
C1 Sch. 5 para. 3 amended by Gas Act 1986 (c. 44, SIF 44:2) . s. 67(1)(3), Sch. 7 para. 2(2), Sch. 8 para. 33 and Electricity Act 1989 (c. 29, SIF 44:1) , s. 112(1) , Sch. 16 para. 2(5)(9) , Sch. 17 para. 33
Section 74.
Extent Information
E3This version of this Schedule extends to Scotland only; a separate version has been created for England and Wales only
Modifications etc. (not altering text)
C1 Sch. 5 para. 3 amended by Gas Act 1986 (c. 44, SIF 44:2) . s. 67(1)(3), Sch. 7 para. 2(2), Sch. 8 para. 33 and Electricity Act 1989 (c. 29, SIF 44:1) , s. 112(1) , Sch. 16 para. 2(5)(9) , Sch. 17 para. 33
1. A building owned by a person authorised by or in persuance of any enactment to carry on any railway, road transport dock or harbour undertaking | [F28The Secretary of State] |
2. A building owned by a person authorised by or in pursuance of any enactment to carry on any canal or inland navigation undertaking | [F28The Secretary of State] |
3. A building owned by electricity or gas undertakers F29. . . | The Secretary of State for Trade and Industry. |
4. A building owned by a water authority or by a statutory water company as defined in section 38 of the Water Act 1973 | [F28The Secretary of State] |
5. A building forming part of an aerodrome licensed under the M5Civil Aviation Act 1982 or any enactment repealed by that Act [F31or authorised by a certificate under Commission Regulation (EU) No 139/2014 of 12 February 2014 laying down requirements and administrative procedures related to aerodromes pursuant to Regulation (EC) No 216/2008 of the European Parliament and of the Council]. | [F28The Secretary of State] |
6. [F32A building owned by— (a)a Post Office company (within the meaning of Part 1 of the Postal Services Act 2011), or (b)a company which is a universal service provider (within the meaning of Part 3 of that Act), where (in each case) more than half of the company’s issued share capital is owned by the Crown (within the meaning of Part 1 of that Act).] | The Secretary of State for Trade and Industry. |
7. A building owned by the Greater London Council, a London borough council or the Common Council of the City of London | [F28The Secretary of State] |
Textual Amendments
F28 Words in Sch. 5 substituted (25.11.2002) by The Transfer of Functions (Transport, Local Government and the Regions) Order 2002 (S.I. 2002/2626) , art. 20 , Sch. 2 para. 11(3)
F29 Words in Sch. 5 para. 3 repealed (27.3.2004) by 1994 c. 21 , ss. 23(2) , 67 , 68(3) , Sch. 9 para. 30 , Sch. 11 Pt. IV (with s. 40(7) ); S.I. 2004/144 , art. 3
F31Words in Sch. 5 inserted (10.1.2015) by The Air Navigation (Amendment) (No. 4) Order 2014 (S.I. 2014/3302), art. 1(1), Sch. para. 4
F32 Sch. 5 para. 6 substituted (1.10.2011) by The Postal Services Act 2011 (Consequential Modifications and Amendments) Order 2011 (S.I. 2011/2085) , art. 1(2) , Sch. 1 para. 17
Modifications etc. (not altering text)
C2 Sch. 5 para. 3 amended (1.3.1996) by 1995 c. 45 , s. 16(1) , Sch. 4 para. 2(2)(h) ; S.I. 1996/218 , art. 2
Marginal Citations
M51982 c. 16(9).
Extent Information
E3This version of this Schedule extends to Scotland only; a separate version has been created for England and Wales only
Modifications etc. (not altering text)
C1 Sch. 5 para. 3 amended by Gas Act 1986 (c. 44, SIF 44:2) . s. 67(1)(3), Sch. 7 para. 2(2), Sch. 8 para. 33 and Electricity Act 1989 (c. 29, SIF 44:1) , s. 112(1) , Sch. 16 para. 2(5)(9) , Sch. 17 para. 33
Section 86.
1 | 2 | 3 | ||
---|---|---|---|---|
Item No. | Class of Vehicle | Maximum speed (in miles per hour) while vehicle is being driven on: | ||
(a) Motorway | (b) Dual carriageway road not being a motorway | (c) Other road | ||
1. | A passenger vehicle, motor caravan or dual-purpose vehicle not drawing a trailer being a vehicle with an unladen weight exceeding 3·05 tonnes or adapted to carry more than 8 passengers: | |||
(i) if not exceeding 12 metres in overall length | 70 | 60 | 50 | |
(ii) if exceeding 12 metres in overall length | 60 | 60 | 50 | |
2. | An invalid carriage | not applicable | 20 | 20 |
3. | A passenger vehicle, motor caravan, car-derived van or dual-purpose vehicle drawing one trailer | [F3360] | [F3360] | 50 |
4. | A passenger vehicle, motor caravan, car-derived van or dual-purpose vehicle drawing more than one trailer | 40 | 20 | 20 |
5. | (1) A goods vehicle having a maximum laden weight not exceeding 7·5 tonnes and which is not—(a) an articulated vehicle, or(b) drawing a trailer, or(c) a car-derived van | 70 | 60 | 50 |
(2) A goods vehicle which is— | ||||
(a) (i) an articulated vehicle having a maximum laden weight not exceeding 7·5 tonnes, or (ii) a motor vehicle, other than a car-derived van, which is drawing one trailer where the aggregate maximum laden weight of the motor vehicle and the trailer does not exceed 7·5 tonnes | 60 | [F3460] | 50 | |
(b) (i) an articulated vehicle having a maximum laden weight exceeding 7·5 tonnes, (ii) a motor vehicle having a maximum laden weight exceeding 7·5 tonnes and not drawing a trailer, or (iii) a motor vehicle drawing one trailer where the aggregate maximum laden weight of the motor vehicle and the trailer exceeds 7·5 tonnes | 60 | [F3550] [F3560] | [F3640] [F3650] | |
(c) a motor vehicle, other than a car-derived van, drawing more than one trailer | 40 | 20 | 20 | |
6. | A motor tractor (other than an industrial tractor), a light locomotive or a heavy locomotive—(a) if the provisions about springs and wings as specified in paragraph 3 of Part IV of this Schedule are complied with and the vehicle is not drawing a trailer, or if those provisions are complied with and the vehicle is drawing one trailer which also complies with those provisions | 40 | 30 | 30 |
(b) in any other case | 20 | 20 | 20 | |
7. | A works truck | 18 | 18 | 18 |
8. | An industrial tractor | not applicable | 18 | 18 |
[F379]. | [F37An agricultural motor vehicle] | [F3740] | [F3740] | [F3740] |
Textual Amendments
F33Figure "60" in Sch. 6 Pt. 1 item 3 substituted by S.I. 1986/1175, reg. 2(1)(a)
F34Figure "60" in Sch. 6 Pt. 1 item 5 substituted by S.I. 1986/1175, reg. 2(1)(b)
F35Figure "50" in Sch. 6 Pt. 1 item 5 substituted (E.W.) (6.4.2015) by The Motor Vehicles (Variation of Speed Limits) (England and Wales) Regulations 2014 (S.I. 2014/3552), regs. 1(1), 2(2)(a)
F36Figure "40" in Sch. 6 Pt. 1 item 5 substituted (E,W.) (6.4.2015) by The Motor Vehicles (Variation of Speed Limits) (England and Wales) Regulations 2014 (S.I. 2014/3552), regs. 1(1), 2(2)(b)
F37Item 9 in Sch. 6 Pt. 1 added by S.I. 1986/1175, reg. 2(1)(c)
[F38 For a vehicle falling within class 5(2)(b) above, the maximum speed while the vehicle is being driven on a part of the M9/A9 Trunk Road specified in the Schedule to the HGV Speed Limit (M9/A9 Trunk Road) Regulations 2014 is 50 miles per hour (rather than 40 miles per hour as specified in column 3(c) of the Table above). ]
Textual Amendments
F38Words in Sch. 6 Pt. I inserted (S.) (28.10.2014) by The HGV Speed Limit (M9/A9 Trunk Road) Regulations 2014 (S.S.I. 2014/274), regs. 1, 2
This Part applies only to motor vehicles, not being track-laying vehicles, every wheel of which is fitted with a pneumatic tyre and to such vehicles drawing one or more trailers, not being track-laying vehicles, every wheel of which is fitted with a pneumatic tyre.
1 | 2 | 3 |
---|---|---|
Item No. | Class of Vehicle | Maximum Speed (in miles per hour) while vehicle is being driven on a road |
1. | A motor vehicle, or in the case of a motor vehicle drawing one or more trailers, the combination, where—(a) every wheel is fitted with a resilient tyre, or(b) at least one wheel is fitted with a resilient tyre and every wheel which is not fitted with a resilient tyre is fitted with a pneumatic tyre | 20 |
2. | A motor vehicle, or in the case of a motor vehicle drawing one or more trailers, the combination, where any wheel is not fitted with either a pneumatic tyre or a resilient tyre | 5 |
This Part does not apply to—
(a) a motor vehicle which is a track-laying vehicle; or
(b) a motor vehicle which is not a track-laying vehicle but which is drawing one or more trailers any one of which is a track-laying vehicle.
1 | 2 | 3 |
---|---|---|
Item No. | Class of Vehicle | Maximum Speed (in miles per hour) while vehicle is being driven on a road |
1. | A motor vehicle being a track-laying vehicle which is fitted with—(a) springs between its frame and its weight-carrying rollers, and(b) resilient material between the rims of its weight-carrying rollers and the surface of the road,and which is not drawing a trailer | 20 |
2. | A vehicle specified in item 1 above drawing one or more trailers each one of which is either—(a) a track-laying vehicle fitted with springs and resilient material as mentioned in that item, or(b) not a track-laying vehicle and each wheel of which is fitted with either a pneumatic tyre or a resilient tyre | 20 |
3.A vehicle specified in item 1 above drawing one or more trailers any one of which is either—(a) a track-laying vehicle not fitted with springs and resilient material as mentioned in that item, or(b) not a track-laying vehicle and at least one wheel of which is not fitted with either a pneumatic tyre or a resilient tyre | 5 | |
4. | A motor vehicle being a track-laying vehicle which is not fitted with springs and resilient material as mentioned in item 1 above, whether drawing a trailer or not | 5 |
5. | A motor vehicle not being a track-laying vehicle, which is drawing one or more trailers any one or more of which is a track-laying vehicle— (a) if every wheel of the motor vehicle and of any non-track-laying trailer is fitted with a pneumatic tyre or with a resilient tyre, and every trailer which is a track-laying vehicle is fitted with springs and resilient material as mentioned in item 1 (b) in any other case | 20 |
[F396 | A motor vehicle of a class specified in item 1 or 2 above, or in item 5 as a result of paragraph (a) of the class description of that item, which— (a) is being used for naval, military or air force purposes, (b) is being driven by persons for the time being subject to the orders of a member of the armed forces of the Crown, and (c) is being used in England or Wales. | 40] |
Textual Amendments
F39Item 6 in Sch. 6 Pt. III inserted (E.W.) (1.10.2015) by The Motor Vehicles (Variation of Speed Limits for Naval, Military and Air Force Vehicles) (England and Wales) Regulations 2015 (S.I. 2015/1653), regs. 1(1), 2(2)
This Part applies to—
(a) a motor vehicle which is a track-laying vehicle, and
(b) a motor vehicle of any description which is drawing one or more trailers any one or more of which is a track-laying vehicle.
1E+W+SThis Schedule does not apply to a vehicle which is being used for the purpose of experiments or trials under section 6 of the M6Road Improvements Act 1925 or section 283 of the M7Highways Act 1980.
2E+W+SIn this Schedule—
[F40 “agricultural motor vehicle” ] “articulated vehicle”, “dual-purpose vehicle”, “industrial tractor”, “passenger vehicle”, “pneumatic tyre”, “track-laying”, “wheel” and “works truck” have the same meanings as are respectively given to those expressions in Regulation 3(1) of the M8Motor Vehicles (Construction and Use) Regulations 1978;
“car-derived van” means a goods vehicle which is constructed or adapted as a derivative of a passenger vehicle and which has a maximum laden weight not exceeding 2 tonnes;
“construction and use requirements” has the same meaning as in [F41section 41(7) of the Road Traffic Act 1988];
“dual-carriageway road” means a road part of which consists of a central reservation to separate a carriageway to be used by vehicles proceeding in one direction from a carriageway to be used by vehicles proceeding in the opposite direction;
“goods vehicle” has the same meaning as in [F42section 192(1) of the Road Traffic Act 1988];
“maximum laden weight” in relation to a vehicle or a combination of vehicles means—
in the case of a vehicle, or combination of vehicles, in respect of which a gross weight not to be exceeded in Great Britain is specified in construction and use requirements, that weight;
in the case of any vehicle, or combination of vehicles, in respect of which no such weight is specified in construction and use requirements, the weight which the vehicle, or combination of vehicles, is designed or adapted not to exceed when in normal use and travelling on a road laden;
“motor caravan” has the same meaning as in Regulation 2(1) of the M9Motor Vehicles (Type Approval) (Great Britain) Regulations 1979;
“motorway” has the same meaning as in Regulation 3(1) of the M10Motorways Traffic (England and Wales) Regulations 1982, as regards England and Wales, and Regulation 2(2) of The M11Motorways Traffic (Scotland) Regulations 1964, as regards Scotland; and
“resilient tyre” means a tyre, not being a pneumatic tyre, which is soft or elastic.
Textual Amendments
F40Words inserted by S.I. 1986/1175, reg. 2(2)
F41Words substituted by Road Traffic (Consequential Provisions) Act 1988 (c. 54, SIF 107:1), s. 4 Sch. 3 para. 25(10)(a)
F42Words substituted by Road Traffic (Consequential Provisions) Act 1988 (c. 54, SIF 107:1), s. 4 Sch. 3 para. 25(10)(b)
Marginal Citations
3E+W+SThe specification as regards springs and wings mentioned in item 6 of Part I of this Schedule is that the vehicle—
(i)is equipped with suitable and sufficient springs between each wheel and the frame of the vehicle, and
(ii)unless adequate protection is afforded by the body of the vehicle, is provided with wings or other similar fittings to catch, so far as practicable, mud or water thrown up by the rotation of the wheels.
4[F43(1)A vehicle falling in two or more classes specified in Part I, II or III of this Schedule shall be treated as falling within the class for which the lower or lowest speed limit is specified.]E+W+S
[F44(2)A vehicle falling in the class specified in item 6 in Part III shall be treated as falling in that class (and not as also falling in any other class).]
Textual Amendments
F43Sch. 6 para. 4(1): para. 4 renumbered as para. 4(1) (E.W.) (1.10.2015) by The Motor Vehicles (Variation of Speed Limits for Naval, Military and Air Force Vehicles) (England and Wales) Regulations 2015 (S.I. 2015/1653), regs. 1(1), 2(3)(a)
F44Sch. 6 para. 4(2) inserted (E.W.) (1.10.2015) by The Motor Vehicles (Variation of Speed Limits for Naval, Military and Air Force Vehicles) (England and Wales) Regulations 2015 (S.I. 2015/1653), regs. 1(1), 2(3)(b)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F45Schedule 7 repealed with savings by Road Traffic (Consequential Provisions) Act 1988 (c. 54, SIF 107:1), ss. 3, 5, Sch. 1 Pt. I, Sch. 4 paras. 1–3, 5(1)
Section 111.
1E+W+SFor the purposes of the specified sections, a statutory statement of ownership is a statement in the prescribed form, signed by the person furnishing it and stating—
(a)whether he was the owner of the vehicle at the relevant time; and
(b)if he was not the owner of the vehicle at the relevant time, whether he ceased to be the owner before, or became the owner after, the relevant time, and, if the information is in his possession, the name and address of the person to whom, and the date on which, he disposed of the vehicle or, as the case may be, the name and address of the person from whom, and the date on which, he acquired it.
2E+W+SFor the purposes of the specified sections, a statutory statement of hiring is a statement in the prescribed form, signed by the person furnishing it, being the person by whom a statement of liability was signed and stating—
(a)whether at the relevant time the vehicle was let to him under the hiring agreement to which the statement of liability refers; and
(b)if it was not, the date on which he returned the vehicle to the possession of the vehicle-hire firm concerned.
Prospective
[F463E+W+SFor the purposes of the specified sections, a statutory statement of facts is a statement which is in the prescribed form and which either—
(a)states that the person furnishing it was the driver of the vehicle at the relevant time and is signed by him; or
(b)states that that person was not the driver of the vehicle at the relevant time, states the name and address at the time the statement is furnished of the person who was the driver of the vehicle at the relevant time and is signed both by the person furnishing it and by the person stated to be the driver of the vehicle at the relevant time.]
Textual Amendments
F46Sch. 8 para. 3 substituted (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), s. 1(2), Sch. 2 para. 16
4E+W+SIn this Schedule “the specified sections” has the meaning assigned to it by subsection (1) of section 111 of this Act.
5E+W+SSubsections (2) to (4) of that section shall have effect for the purposes of Parts I and II of this Schedule as they have effect for the purposes of the specified sections.
6E+W+SIn paragraph 2 above “statement of liability”, “hiring agreement” and “vehicle-hire firm” have the same meanings as in section 109 of this Act.
Section 124.
Modifications etc. (not altering text)
C3Sch. 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)
C4Sch. 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)
Textual Amendments
F47Words 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)
C5Sch. 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))
C6Sch. 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)
[F48 1 E+W+SSubject to paragraphs 8 and 26 of this Schedule, the [F49national authority] , after consultation with [F50a 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, [F5114 (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 [F52authorised] authority a direction under paragraph 2 below with respect to any of those provisions.]
Textual Amendments
F48Sch. 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)
F49Words in Sch. 9 para. 1 substituted (23.5.2016) by Scotland Act 2016 (c. 11), s. 72(7), Sch. 2 para. 14(3)(a)
F50Words 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)
F51Words 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)
F52Word 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)
C7Sch. 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 F53. . . authorised authority F53. . . 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 [F54authorised] F53 . . . authority (either generally, or without the consent of the [F55national 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
F53Words repealed by Local Government Act 1985 (c. 51, SIF 81:1), ss. 1, 102(2)(3), Sch. 17
F54Word 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)
F55Words 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 F56. . . an authorised authority by any of the provisions specified in F56. . . paragraph 1 above shall, subject to sub-paragraph (2) below, be exercisable by the [F57national authority ] as well as by the [F58authorised] F56. . . 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 F56. . . an authorised authority with which the F56. . . authority have failed to comply.
Textual Amendments
F56Words repealed by Local Government Act 1985 (c. 51, SIF 81:1), ss. 1, 102(2)(3), Sch. 17
F57Words 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)
F58Word 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)
C8Sch. 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 [F59 national authority] has made an order by virtue of paragraph 3 above—
(a)so far as appears to [F60the national authority] necessary in order to make the order effective, [F61the national authority] , or (except where the power is a power of [F62the 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 [F61the national authority] may make arrangements for the purpose, shall have power to do anything which F63. . . the authorised authority would have had power to do if the order had been made by them, and
(b)[F61the national authority] may recover from the F64. . . authorised authority any expenses incurred by [F60the national authority] by virtue of sub-paragraph (a) above (such expenses, in England or Wales, to be so recoverable by [F60the national authority] summarily as a civil debt).
Textual Amendments
F59Words in Sch. 9 para. 4 substituted (23.5.2016) by Scotland Act 2016 (c. 11), s. 72(7), Sch. 2 para. 14(6)(a)
F60Words in Sch. 9 para. 4 substituted (23.5.2016) by Scotland Act 2016 (c. 11), s. 72(7), Sch. 2 para. 14(6)(b)
F61Words in Sch. 9 para. 4 substituted (23.5.2016) by Scotland Act 2016 (c. 11), s. 72(7), Sch. 2 para. 14(6)(c)
F62Words substituted by Local Government Act 1985 (c. 51, SIF 81:1), ss. 1, 2, 8(1), Sch. 5 para. 4(39)(b)
F63Words 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
F64Words 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)
C9Sch. 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
C10Sch. 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 [F65the 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 [F65their area] as is appropriate for preserving or improving the amenities of [F65their 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
F65Words 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 F66. . . of this Act by an order of the [F67national authority] , then if, with the consent of the Treasury, the [F67national authority] enters into an agreement with the local authority F66. . . for the transfer to that authority F66. . . 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 [F67national 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 [F67national 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 [F67national authority] to be requisite in consequence of the transfer as [F68the national authority] may direct; and
(c)the provisions of sections 45 to [F6949] 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 F70. . . the local authority F70. . .
(2)In this paragraph “local authority” has the meaning assigned to it by section 45(7) of this Act.
Textual Amendments
F66Words repealed by Local Government Act 1985 (c. 51, SIF 81:1), ss. 1, 102(2)(3), Sch. 17
F67Words 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)
F68Words 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)
F69 “49" substituted by Local Government Act 1985 (c. 51, SIF 81:1), ss. 1, 2, 8(1), Sch. 5 para. 4(39)(d)
F70Words 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 [F71national authority] , after giving notice to F72. . . the authorised authority concerned and holding, if [F73national 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 F72. . . 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.
F74(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F71Words 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)
F72Words repealed by Local Government Act 1985 (c. 51, SIF 81:1), ss. 1, 102(2)(3), Sch. 17
F73Words 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)
F74Sch. 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)
C11Sch. 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 [F75national authority] shall not give any direction under paragraph 2 above or, subject to paragraph 9 below, make any order under paragraph 7 above unless [F76the national authority] is satisfied, having regard to any matters appearing to [F77the national authority] to be relevant, that the duty under section 122(1) of this Act of F78. . . the authorised authority concerned is not being satisfactorily discharged by the [F79authorised ] F78. . . authority, and that the giving of the direction or the making of the order is necessary to secure compliance with that duty.
Textual Amendments
F75Words in Sch. 9 para. 8 substituted (23.5.2016) by Scotland Act 2016 (c. 11), s. 72(7), Sch. 2 para. 14(9)(a)
F76Words in Sch. 9 para. 8 substituted (23.5.2016) by Scotland Act 2016 (c. 11), s. 72(7), Sch. 2 para. 14(9)(b)
F77Words in Sch. 9 para. 8 substituted (23.5.2016) by Scotland Act 2016 (c. 11), s. 72(7), Sch. 2 para. 14(9)(c)
F78Words repealed by Local Government Act 1985 (c. 51, SIF 81:1), ss. 1, 102(2)(3), Sch. 17
F79Word 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)
C12Sch. 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 [F80national authority] may make an order under paragraph 7 above notwithstanding that [F81the national authority] is not satisfied as mentioned in paragraph 8 above, if [F81the national authority] is satisfied, having regard to any matters appearing to [F82the national authority] to be relevant, that there are special circumstances which make it expedient that the order should be made.
Textual Amendments
F80Words in Sch. 9 para. 9 substituted (23.5.2016) by Scotland Act 2016 (c. 11), s. 72(7), Sch. 2 para. 14(10)(a)
F81Words in Sch. 9 para. 9 substituted (23.5.2016) by Scotland Act 2016 (c. 11), s. 72(7), Sch. 2 para. 14(10)(b)
F82Words 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)
C13Sch. 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.
F8311E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F83Sch. 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
12E+W+SWhere the Secretary of State—
(a)gives a direction under paragraph 2 above requiring a county council [F84or 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
F84Words inserted by Local Government Act 1985 (c. 51, SIF 81:1), ss. 1, 2, 8(1), Sch. 5 para. 4(39)(e)
[F8512ZAE+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
F85Sch. 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)
[F8612BE+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
F86Sch. 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)
Textual Amendments
F87Words 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 [F88the 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 [F89a road for which the [F90national authority] is the traffic authority], or
[F91(ba)applying to a road for which a strategic highways company is the traffic authority, or]
F92(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(d)being, in the case of an order for the purposes of section 84(1) of this Act—
F92(i). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(ii)a provision applying to any road a speed limit of less than 30 miles per hour, or
F93 [( 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 [F90national 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 [F90national authority] ,
then (except in a case to which sub-paragraph (2) [F94, (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 [F90national 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 [F95vehicle 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 [F96local 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 [F96vehicle] being used in that service in the road, or
(ii)any such person who has submitted an objection on that ground has withdrawn it.
[F97(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
F88Words substituted by Local Government Act 1985 (c. 51, SIF 81:1), ss. 1, 2, 8(1), Sch. 5 para. 4(39)(f)
F89Words 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.
F90Words in Sch. 9 para. 13(1) substituted (23.5.2016) by Scotland Act 2016 (c. 11), s. 72(7), Sch. 2 para. 15(3)
F91Sch. 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)
F92Sch. 9 para. 13(1)(c)(d)(i) repealed (23.1.1993) by S.I. 1993/35, art. 2(3).
F93Sch. 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.
F94Words 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)
F95Words substituted by Transport Act 1985 (c. 67, SIF 126), s. 1(3), Sch. 1 para. 15(5)(a)
F96Word(s) substituted by Transport Act 1985 (c. 67, SIF 126), s. 1(3), Sch. 1 para. 15(5)(b)
F97Sch. 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)
C14Sch. 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
C15Sch. 9 para. 13 restricted (16.6.1999) by S.I. 1999/1608, art. 2
14[F98(1)Where in the case of any order proposed to be made by [F99the 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, F100. . . 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 [F101in 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
[F102(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
F98Sch. 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)
F99Words substituted by Local Government Act 1985 (c. 51, SIF 81:1), ss. 1, 2, 8(1), Sch. 5 para. 4(39)(g)
F100 “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
F101Words 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)
F102Sch. 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)
C16Sch. 9 para. 14 restricted (16.6.1999) by S.I. 1999/1608, art. 2
[F10314A(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
F103Sch. 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 [F104to 14A] above such orders made by such [F105traffic] authorities [F106in 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
F104Words 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)
F105Word 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)
F106Words 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)
C17Sch. 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
[F10715A(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
F107Sch. 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 [F108for ] consent under this Part of this Schedule, the Secretary of State [F109or the Scottish Ministers] may consent to the order either in the form in which it is submitted F110... or with such modifications as he [F111or they think] fit, which may include additions, exceptions, or other modifications of any description.E+W+S
(2)[F112Sub-paragraph (3) applies where] the Secretary of State [F113or the Scottish Ministers propose] to consent to such an order with modifications which appear to him [F114or them] substantially to affect the character of the order as submitted F115...
[F116(3)The Secretary of State or the Scottish Ministers ]shall, before doing so, take such steps as appear to him [F117 or them] to be sufficient and reasonably practicable for informing the [F118traffic] authority in question and other persons likely to be concerned.
Textual Amendments
F108Word 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)
F109Words 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)
F110Words 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)
F111Words 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)
F112Words 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)
F113Words 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)
F114Words 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)
F115Words 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)
F116Sch. 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)
F117Words 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)
F118Word 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)
C18Sch. 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
C19Sch. 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 [F119or the Scottish Ministers] may by order grant a general consent for the making of orders requiring F120... 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 [F121of the Secretary of State] under this paragraph shall be subject to annulment in pursuance of a resolution of either House of Parliament.
[F122(3)Any order of the Scottish Ministers under this paragraph is subject to the negative procedure.]
Textual Amendments
F119Words 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)
F120Word 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)
F121Words in Sch. 9 para. 17(2) inserted (23.5.2016) by Scotland Act 2016 (c. 11), s. 72(7), Sch. 2 para. 15(12)
F122Sch. 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)
C20Sch. 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
18E+W+SThe power [F123of the Secretary of State] to make an order conferred by paragraph 15 or 17 above shall be exercisable by statutory instrument.
Textual Amendments
F123Words in Sch. 9 para. 18 inserted (23.5.2016) by Scotland Act 2016 (c. 11), s. 72(7), Sch. 2 para. 15(14)
19E+W+SIn 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 M12Highways 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 [F12411(1) of the M13Roads (Scotland) Act 1984].
Textual Amendments
F124Words substituted by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 128(1), Sch. 9 para. 93(45)(a)
Marginal Citations
M121980 c. 66(59).
M131984 c. 54(108).
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)
C21Sch. 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))
C22Sch. 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
C23Sch. 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)
C24Sch. 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)
C25Sch. 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 [F125making] make an order under or by virtue of any of the following provisions of this Act, namely, sections 1, 6, 9, 19, 29, F126 . . . 32, 35, 37, 38, 45, 46, 49, F127. . . 61, 83(2) and 84, [F128a strategic highways company, ] [F129a 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 [F130for] consent under Part II of this Schedule [F131or any other provision of this Act, [F132the company,]], the authority [F133or, as the case may be, Transport for London]shall so consult before submitting the order F134....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
F125Words in Sch. 9 para. 20(1) substituted (3.7.2000) by S.I. 2000/1547, art. 3(2)(a)
F126In 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.
F127 “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
F128Words 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)
F129Words in Sch. 9 para. 20(1) substituted (3.7.2000) by S.I. 2000/1547, art. 3(2)(b)
F130Word 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)
F131Words in Sch. 9 para. 20(1) inserted (3.7.2000) by S.I. 2000/1547, art. 3(2)(c)
F132Words 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)
F133Words in Sch. 9 para. 20(1) inserted (3.7.2000) by S.I. 2000/1547, art. 3(2)(d)
F134Words 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)
21E+W+SAs respects orders of [F135a strategic highways company or] a local authority other than [F136the 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 F137. . ., the [F138national 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 [F138national authority] or a county council where such submission is required, and the consideration by [F139 the national authority] or by the county council of any such order submitted to [F139 the national authority] or them; and the [F138national authority] shall by regulations under this paragraph make such (if any) provision as [F140 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
F135Words 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)
F136Words 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)
F137Words 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.
F138Words in Sch. 9 para. 21 substituted (23.5.2016) by Scotland Act 2016 (c. 11), s. 72(7), Sch. 2 para. 16(3)(a)
F139Words in Sch. 9 para. 21 substituted (23.5.2016) by Scotland Act 2016 (c. 11), s. 72(7), Sch. 2 para. 16(3)(b)
F140Words 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)
C26Sch. 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
C27Sch. 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 [F141the council of a London borough of the Common Council of the City of London][F142or Transport for London],—E+W+S
(a)as respects orders made by [F141that council][F143or Transport for London]under any of the provisions referred to in paragraph 20(1) above F144. . ., 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 [F141that council][F143or 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
F141Words substituted by Local Government Act 1985 (c. 51, SIF 81:1), ss. 1, (2), 8(1), Sch. 5 para. 4(39)(j)
F142Words in Sch. 9 para. 23(1) inserted (3.7.2000) by S.I. 2000/1547, art. 3(3)(a)
F143Words in Sch. 9 para. 23(1)(a)(b) inserted (3.7.2000) by S.I. 2000/1547, art. 3(3)(b)
F144Words 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)
C28Sch. 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
24E+W+SThe [F145national authority] may make regulations with respect to the procedure in connection with the making by [F146the 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 [F147the national authority] is authorised to make with respect to [[F148roads for which [F147the national authority] is the traffic authority] under any of the provisions referred to in paragraph 20(1) above,
or [F149, where the national authority is the Secretary of State,] with respect to the procedure in connection with appeals to him by district councils under [F150section 39] of this Act.
Textual Amendments
F145Words in Sch. 9 para. 24 substituted (23.5.2016) by Scotland Act 2016 (c. 11), s. 72(7), Sch. 2 para. 16(4)(a)
F146Words in Sch. 9 para. 24 substituted (23.5.2016) by Scotland Act 2016 (c. 11), s. 72(7), Sch. 2 para. 16(4)(b)
F147Words 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)
F148Words 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.
F149Words in Sch. 9 para. 24 inserted (23.5.2016) by Scotland Act 2016 (c. 11), s. 72(7), Sch. 2 para. 16(4)(d)
F150Words 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)
C29Sch. 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 [F151road], the authority may, whether or not they are the [F152traffic 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 [F151road], whether or not belonging to that authority.
Textual Amendments
F151Word 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.
F152Words 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 [F153national 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 [F154national authority] to affect substantially the character of the order, [F155the national authority] shall take such steps as appear to [F156the national authority] to be sufficient and reasonably practicable for informing any local authority concerned and any other person likely to be concerned.
Textual Amendments
F153Words in Sch. 9 para. 26(1) substituted (23.5.2016) by Scotland Act 2016 (c. 11), s. 72(7), Sch. 2 para. 16(6)
F154Words 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)
F155Words 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)
F156Words 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)
C30Sch. 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
Modifications etc. (not altering text)
C31Pt. 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))
C32Sch. 9 Pt. IV applied (with modifications)(6.3.1992) by Aberdeen Harbour Order Confirmation Act 1992 (c. ii), s. 1, Sch. s. 3(2).
C33Sch. 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)
C34Sch. 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 [F157sub-paragraphs (2) [F158, (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, [F15914][F16016A]19, 29, F161. . . 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), F162. . . and 59(6) of this Act, and
(b)without prejudice to section 50(6) of this Act.
[F163(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.]
[F164(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.]
[F165(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
E2This version of this provision extends to England and Wales only; a separate version has been created for Scotland only
Textual Amendments
F157Words 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.
F158Words 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)
F159Figure 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
F160Words in Sch. 9 para. 27(1) inserted (3.5.1994) by 1994 c. 11, s. 3(1), Sch. para. 5(2)
F161In 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.
F162Words 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
F163Sch. 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)
F164Sch. 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.
F165Sch. 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 [F205sub-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, [F20614] [F20716A] 19, 29, F208 . . .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), F209 . . . and 59(6) of this Act, and
(b)without prejudice to section 50(6) of this Act.
[F210(3)Where an order is required for the provision of facilities [F211or 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
E4This version of this provision extends to Scotland only; a separate version has been created for England and Wales only
Textual Amendments
F205Words 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)
F206Figure 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
F207Words in Sch. 9 para. 27(1) inserted (3.5.1994) by 1994 c. 11, s. 3(1), Sch. para. 5(2)
F208In 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.
F209Words 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
F210Sch. 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)
F211Words 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.
28E+W+SFor 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 [F166or 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 F167. . . 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 F167. . . ; F168. . .
(d)an order under paragraph 7 of this Schedule [or].
F169[(e)an order under section 34 of the Deregulation and Contracting Out Act 1994.]
Textual Amendments
F166Words in Sch. 9 para. 28 inserted (23.5.2016) by Scotland Act 2016 (c. 11), s. 72(7), Sch. 2 para. 17(2)
F167 “, 50" repealed by Local Government Act 1985 (c. 51, SIF 81:1), ss. 1, 102(2)(3), Sch. 17
F168Word in Sch. 9 para. 28(c) repealed (3.11.1994) by 1994 c. 40, ss. 81, 82(3), Sch. 17
F169Sch. 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)
C35Sch. 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)
29E+W+SNothing in paragraph 8 of this Schedule shall prevent the exercise by the [F170national authority] of the power to revoke any order made F171... under paragraph 7 of this Schedule.
Textual Amendments
F170Words in Sch. 9 para. 29 substituted (23.5.2016) by Scotland Act 2016 (c. 11), s. 72(7), Sch. 2 para. 17(3)(a)
F171Words 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)
30E+W+SThis 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.
31E+W+SBefore making an order to which this Part of this Schedule applies, the local authority—
(a)[F172shall consult with the traffic [F173commissioner] 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)[F172shall 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 [F174which is [F175an 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 [F176that area].]
Textual Amendments
F172Sch. 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)
F173Word substituted by Transport Act 1985 (c. 67, SIF 126), s. 3(5), Sch. 2 Pt. II para. 6
F174Words substituted by Transport Act 1985 (c. 67, SIF 126), s. 57(6), Sch. 3 para. 33
F175Words 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)
F176Words 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)
32E+W+SIf the order is required to be submitted [F177for] consent under Part II of this Schedule, the local authority shall consult as mentioned in paragraph 31 above before submitting it F178....
Textual Amendments
F177Word in Sch. 9 para. 32 substituted (23.5.2016) by Scotland Act 2016 (c. 11), s. 72(7), Sch. 2 para. 18(a)
F178Words 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)
33E+W+SParagraphs 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.
Modifications etc. (not altering text)
C36Pt. VI (paras. 34–37) extended by Local Government Act 1985 (c. 51, SIF 81:1), ss. 1, 2, 8(2), Sch. 5 para. 8
C37Pt. VI (paras. 34–37) amended by Local Government Act 1985 (c. 51, SIF 81:1), s. 8(2), Sch. 5 para. 12(4)
C38Pt. 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))
C39Sch. 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 [F17916A], 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, F180. . . 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, F180. . . 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
F179Figure in Sch. 9 para. 34(1)(a) inserted (3.5.1994) by 1994 c. 11, s. 3(1), Sch. para. 5(3)
F180 “50" repealed by Local Government Act 1985 (c. 51, SIF 81:1), ss. 1, 102(2)(3), Sch. 17
35E+W+SIf 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)
C40Sch. 9 para. 35 applied (with modifications) (3.11.1994) by 1994 c. 40, ss. 34(8), 82(3)
C41Sch. 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)
C42Sch. 9 para. 36 applied (with modifications) (3.11.1994) by 1994 c. 40, ss. 34(8), 82(3)
37E+W+SExcept 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)
C43Sch. 9 para. 37 applied (with modifications) (3.11.1994) by 1994 c. 40, ss. 34(8), 82(3)
Section 144.
1(1)In this Schedule “the M141967 Act” means the Road Traffic Regulation Act 1967.E+W+S
(2)For the purposes of any provision of this Schedule which refers—
(a)to an enactment repealed by this Act, or to the repeal by this Act of any enactment, and
(b)to the commencement of this Act,
the commencement of this Act shall be taken to be the date on which the repeal by this Act of that enactment takes effect.
Marginal Citations
M141967 c. 76(107:1).
2E+W+SWhere any enactment or document refers, whether specifically or by means of a general description, to an enactment repealed by and re-enacted (with or without modification) in this Act, or is to be construed as so referring, the reference shall, except where the context otherwise requires, be construed as, or as including, a reference to the corresponding provision of this Act.
3E+W+SAny reference in this Act (whether express or implied) to a thing done or required or authorised to be done, or omitted to be done, or deemed to have been done, or to an event which has occurred, under or by virtue of or for the purposes of, or by reference to, any provision of this Act includes (except where the context otherwise requires) a reference to the corresponding thing done, or having effect as if done, or required or authorised to be done, or omitted to be done, or deemed to have been done, or to the corresponding event which has occurred, as the case may be, under or by virtue of or for the purposes of or by reference to, the corresponding enactment repealed by this Act.
4(1)Without prejudice to paragraph 3 above, any reference in this Act (whether express or implied) to a thing done by the Secretary of State, a local authority or any other authority under a provision of this Act includes (except where the context otherwise requires) a reference to the corresponding thing done, or having effect as if done, by a predecessor authority under the corresponding provision repealed by this Act.E+W+S
(2)In sub-paragraph (1) above “predecessor authority”—
(a)in relation to the Secretary of State, means the Minister of Transport or other Minister exercising the relevant function before the transfer of the function to the Secretary of State, and
(b)in relation to a council, means the authority exercising the relevant function before it vested in the council under the M15Local Government Act 1972, the M16London Government Act 1963, the M17Local Government (Scotland) Act 1973 or any other enactment.
(3)In sub-paragraph (2) above any reference to the Minister or authority exercising a function includes a reference to a Minister or authority exercising that function for particular purposes only or in relation only to a particular part of Great Britain.
5E+W+SWithout prejudice to paragraphs 3 and 4 above, any power which, under an enactment repealed by this Act, was exercisable by the Secretary of State, a local authority or other authority immediately before the commencement of this Act by reference (whether express or implied) to anything done before the commencement of this Act may be exercised by the Secretary of State or that authority, as the case may be, under the corresponding provision of this Act.
6E+W+SWhere a period of time specified in an enactment repealed by this Act is current at the commencement of this Act, this Act shall have effect as if the corresponding provision of this Act had been in force when that period began to run.
7E+W+SAny byelaw made under section 104 of the M18Roads and Bridges (Scotland) Act 1878 or paragraph (1) or (3) of section 385 of the M19Burgh Police (Scotland) Act 1892 which—
(a)was in force immediately before the commencement of the 1967 Act and by virtue of paragraph 6 of Schedule 8 to that Act had effect as if it were an order made under section 1 of that Act; and
(b)continues so to have effect immediately before the commencement of this Act,
shall have effect as if it were an order under section 1 of this Act.
F1818E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F181Sch. 10 para. 8 repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt.XV Gp. 1.
9(1)Subsections (2) and (3) of section 23 of this Act shall apply in relation to the alteration and removal of crossings established, or having effect as if established, under section 21 of the 1967 Act (whether as that section had effect at any time before the commencement of the M20Local Government, Planning and Land Act 1980 or as it had effect by virtue of that Act) as they apply in relation to the alteration and removal of crossings established under section 23 of this Act.E+W+S
(2)Section 25(6) of this Act shall apply in relation to a crossing established, or having effect as if established—
(a)by a local authority under section 21 of the 1967 Act (whether as that section had effect at any time before the commencment of the said Act of 1980 or as it had effect by virtue of that Act), or
(b)by a Minister under section 22 of the 1967 Act,
as it applies in relation to a crossing established by a local authority under section 23 or by the Secretary of State under section 24 of this Act.
Marginal Citations
M201980 c. 65(81:1, 2).
10(1)The power conferred on a local authority by section 33(7) of this Act shall have effect in relation to an off-street parking place provided by the authority under section 81 of the M21Road Traffic Act 1960, or under that section as applied by virtue of section 82 of that Act, or under the corresponding provisions of the enactments repealed by that Act, as well as (by virtue of any of the provisions of the M22Interpretation Act 1978) it has effect in relation to an off-street parking place provided by the authority under section 28 of the 1967 Act.E+W+S
(2)Any arrangements for collecting and retaining charges as mentioned in section 33(7) of this Act which were made in respect of any parking place provided under any of the provisions referred to in sub-paragraph (1) above, and which are in force immediately before the commencement of this Act, shall continue to have effect after the repeal by this Act of section 29(9) of the 1967 Act, as if they were arrangements made under section 33(7) of this Act.
11(1)The repeal by this Act of Schedule 8 to the 1967 Act shall not affect the operation of paragraph 9 of that Schedule in relation to orders made before 1st January 1963 under the enactments mentioned in that paragraph (which saved such orders from the effect of the repeal of those enactments by that Act) except that the power to revoke or vary any such order shall be exercisable by an order under section 46 or 49 of this Act.E+W+S
(2)Without prejudice to the power of revocation conferred by sub-paragraph (1) above, an order made by a Minister before 1 January 1963 under section 86 or 87 of the M23Road Traffic Act 1960 may be revoked by an order of the Secretary of State.
(3)The power to make an order under sub-paragraph (2) above shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
Marginal Citations
M231960 c. 16(107:1).
F18212E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F182Sch. 10 para. 12 repealed by Road Traffic (Consequential Provisions) Act 1988 (c. 54, SIF 107:1), ss. 3, 5, Sch. 1 Pt. I, Sch. 4 paras. 1–3 and Statute Law (Repeals) Act 1989 (c. 43), s. 1(1), Sch. 1 Pt. X
13E+W+SNothing in [F183subsections (1) to (3B) of section 35 or [F184subsections (1) to (3)] of section 35A] of this Act shall affect the M24Restriction of Ribbon Development (Power to Provide Parking Places) Order 1936, so far as it applies to the City of London, or shall apply to any byelaws having effect as respects the City of London by virtue of that Order; and that Order, so far as it so applies, shall continue to have effect by virtue of this paragraph.
Textual Amendments
F183Words substituted by Parking Act 1989 (c. 16, SIF 107:1), s. 4, Sch. para. 9
F184Words in Sch. 10 para. 13 substituted (13.9.1996) by S.I. 1996/1553, art. 2(2)
Marginal Citations
M24S. R. & O 1936/1088.
[F18514(1)A direction in an order made under section 1 of the M25Road Traffic Act 1934 that a length of road is to be deemed to be, or not to be, a road in a built-up area, if—E+W+S
(a)by virtue of paragraph 10 of Schedule 8 to the 1967 Act it had effect as a direction that that length of road was to become, or (as the case may be) was to cease to be, a restricted road for the purposes of section 71 of that Act, and
(b)the direction continues so to have effect immediately before the commencement of this Act,
shall have the like effect for the purposes of section 81 of this Act.
(2)Any reference in any provision of an Act, or of any instrument (other than such an order as is mentioned in sub-paragraph (1) above) made under an enactment repealed by the M26Road Traffic Act 1960, to a road in a built-up area, if the provision is in force immediately before the commencement of this Act, shall be construed as a reference to a restricted road for the purposes of section 81 of this Act.]
Textual Amendments
F185Sch. 10 paras. 14–16 repealed (S.) by Roads (Scotland) Act 1984 (c. 54, SIF 108), ss. 128(1), 156(3), Sch. 10 para. 4(1), Sch. 11
Marginal Citations
M251934 c. 50(107:1).
M261960 c. 16(107:1).
[F18615E+W+SAny limit of speed which was in force on 1st November 1962 by virtue of any direction, order or regulation given or made by an authority under section 19(2), 26 or 34 of the Road Traffic Act 1960, if—
(a)by virtue of paragraph 12 of Schedule 8 to the 1967 Act it was deemed to have been imposed by an order made by that authority under section 74(1) of the 1967 Act, and
(b)it continues to be in force immediately before the commencment of this Act
shall be deemed to have been imposed by an order made by that authority under section 84(1) of this Act and may be revoked or varied accordingly.]
Textual Amendments
F186Sch. 10 paras. 14–16 repealed (S.) by Roads (Scotland) Act 1984 (c. 54, SIF 108), ss. 128(1), 156(3), Sch. 10 para. 4(1), Sch. 11
[F18716(1)This paragraph applies to any road which—E+W+S
(a)would have become a restricted road for the purposes of section 71 of the M271967 Act on 1st November 1982 as a result of the repeal of section 72(2) of the 1967 Act by section 61 of the Transport Act 1982; but
(b)by reason of section 61(2) of that Act was taken to have ceased to be a restricted road before that day by virtue of a direction duly given under section 72(3) of the 1967 Act and still in force at the beginning of that day; and
(c)did not become a restricted road at any time between the beginning of that day and the commencement of this Act.
(2)At the commencement of this Act, any road to which this paragraph applies shall be treated as if it were the subject of a direction duly given under section 82(1)(a) of this Act.
(3)Nothing in sub-paragraph (2) above prevents a direction under section 82(2)(b) of this Act being given in respect of any road to which this paragraph applies.]
Textual Amendments
F187Sch. 10 paras. 14–16 repealed (S.) by Roads (Scotland) Act 1984 (c. 54, SIF 108), ss. 128(1), 156(3), Sch. 10 para. 4(1), Sch. 11
Marginal Citations
M271982 c. 49(107:1).
17(1)The repeal of this Act by any enactment shall not affect any agreement which, immediately before the commencement of this Act, has effect in pursuance of the enactment, notwithstanding that the enactment is not re-enacted in this Act; and any provision conferring a power to determine disputes or other provision incidental to any such agreement which, immediately before the commencement of this Act, has effect in connection with the agreement shall continue to have effect notwithstanding the repeal.E+W+S
(2)Without prejudice to the operation of sub-paragraph (1) above in relation to any agreement under subsection (8) of section 34 of the M28Transport (London) Act 1969 (which relates to agreements consequential upon the transfer of traffic signs and related property and rights to the Greater London Council under subsection (6) of that section), the repeal by this Act of that section (and in particular of subsection (9)) shall not cause that council to be treated for the purposes of the M29Public Utilities Street Works Act 1950 as the highway authority for any highway for which they would not be the highway authority apart from any such transfer.
(3)Sub-paragraphs (1) and (2) above shall have effect without prejudice to the operation of the preceding provisions of this Schedule, or of any provisions of the M30Interpretation Act 1978, in relation to an enactment repealed by this Act which is re-enacted in it, with or without modification.
18E+W+SF188. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F188Sch. 10 para. 18 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), s. 1(1) {Sch. 1 Pt. 14}
19E+W+SFor the purposes of the application of any provisions of the M31Interpretation Act 1978, or of paragraphs 2 to 5 of this Schedule, in relation to any subordinate legislation made, or having effect as if made, under any enactment consolidated by this Act, “foot passengers” shall be taken to have the same meaning as “pedestrians”; and any reference in any such subordinate legislation to foot passengers or to foot passenger traffic shall be construed accordingly.
Marginal Citations
M311978 c. 30(115:1).
20E+W+SF189. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F189Sch. 10 para. 20 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 18), s. 1(1), Sch. 1 Pt. 14
Section 144.
Provisions of Act | Instruments |
---|---|
1. Sections 99 to 102 and 103(3). | The Removal and Disposal of Vehicles (Alteration of Enactments) Order 1967 (S.I. 1967/1900). |
2. Schedule 6. | The Motor Vehicles (Variation of Speed Limits) Regulations 1984 (S.I. 1984/325). |
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F190Sch. 12 repealed (19.11.1998) by 1998 c. 43, s. 1(1), Sch. 1 Pt. I Group 2
Section 146.
1E+W+SIn section 253(11), for “section 78 of the Road Traffic Regulation Act 1967” substitute “ section 86 of the Road Traffic Regulation Act 1984 ”.
2E+W+SF194. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F194Sch. 13 para. 2 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), s. 1(1), Sch. 1 Pt. 14
3E+W+SIn section 51—
(a)in subsection (1), for the words from “local authorities” to “1967” substitute “ local highway authorities in Scotland by section 32 of the Road Traffic Regulation Act 1984 ”; and
(b)in subsection (2), for “sections 28, 29, 31, 32, 52, 53 and 96 of the said Act of 1967” substitute “ sections 32, 33, 35, 41, 101 and 102 of the Road Traffic Regulation Act 1984 ”.
4E+W+SIn section 3(2), for “1967” substitute “ 1984 ”.
5E+W+SF195. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F195Sch. 13 para. 5 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), s. 1(1), Sch. 1 Pt. 14
F1966E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F196Sch. 13 para. 6 repealed (1.1.1996) by 1995 c. 23, s. 60(2), Sch. 8 Pt. I (with ss. 54, 55); S.I. 1995/2181, art. 2
7E+W+SIn section 117(5), for the words from “12” to the end of the subsection substitute “ or 14 of the Road Traffic Regulation Act 1984 ”.
F1978E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F197Para. 8 repealed by London Regional Transport Act 1984 (c. 32, SIF 126), s. 71(3), Sch. 7
9E+W+SIn section 42, the reference to any of the provisions of the Transport (London) Act 1969 shall be construed as including a reference to any provision of this Act which repeals and re-enacts (with or without modification) any provision of the said Act of 1969.
10E+W+SIn section 20(1)(b), for “1967” substitute “ 1984 ”.
11E+W+SIn section 21—
(a)in subsection (1), for the words from “section 84C” to “Transport Act 1968)” substitute “ Part III of Schedule 9 to the Road Traffic Regulation Act 1984 ”;
(b)in subsection (7)(c), after “before” insert “ the time when ” and after “or” insert “ at that time ”; and
(c)in subsection (8), for “1967” substitute “ 1984 ”.
12E+W+SIn paragraph 51(b) of Schedule 2, after “1967” insert “ or section 95(1) of the Road Traffic Regulation Act 1984 ”.
F19813–28E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F198Sch. 13 paras. 13–28 repealed by Road Traffic (Consequential Provisions) Act 1988 (c. 54, SIF 107:1), ss. 3, 5, Sch. 1 Pt. I, Sch. 4 paras. 1–3
29E+W+SIn section 20—
(a)in subsection (6), after “1967” insert “ or section 6 of the Road Traffic Regulation Act 1984 ”; and
(b)in subsection (12), for “1967” substitute “ 1984 ”.
30E+W+SIn section 23—
(a)in subsection (2A), for “1967” substitute “ 1984 ”;
(b)in subsection (4), for “sections 20, 52 and 53 of the Road Traffic Regulation Act 1967” substitute “ sections 99 to 102 of the Road Traffic Regulation Act 1984 ”; and
(c)in subsection (9), for the words from “sections” to the end of subsection substitute “ sections 46(2)(a), 142(1) and 64(1) of the Road Traffic Regulation Act 1984. ”.
31E+W+SIn section 17—
(a)in subsection (6)(a), for “the 1967 Act” substitute “ the Road Traffic Regulation Act 1984 ”; and
(b)in subsection (9), for “section 54 of the 1967 Act” substitute “ section 64 of the Road Traffic Regulation Act 1984 ”.
32E+W+SIn section 15—
(a)in subsection (2)(a), for “section 80(1)(b) of the Act of 1967” substitute “ Schedule 12 to the Road Traffic Regulation Act 1984 ”; and
(b)in subsection (12)—
(i)for “section 71 of the Act of 1967” substitute “ section 81 of the Road Traffic Regulation Act 1984 ”; and
(ii)for “section 74 of the Act of 1967” substitute “ section 84 of that Act ”.
F19933E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F199Sch. 13 para. 33 repealed by Airports Act 1986 (c. 31, SIF 9), s. 83(5), Sch. 6 Pt. I
34E+W+SIn section 7(3), for “Section 84C(1) to (5) and (6) of the Road Traffic Regulation Act 1967” substitute “ Paragraphs 20 to 23, paragraph 24 (except so much of it as relates to appeals by district councils) and paragraph 25 of Schedule 9 to the Road Traffic Regulation Act 1984 ”, and for “subsections (1) and (5) of that section” substitute “ paragraphs 20(1) and 24(a) and (b) of that Schedule ”.
35E+W+SIn section 44—
(a)in subsection (1), in the definition of “traffic sign”, for “1967” substitute “ 1984 ”; and
(b)in subsection (5), for “or 37(2)(c) of this Act” substitute “ of this Act or section 61(2)(c) of the Road Traffic Regulation Act 1984 ”.
36E+W+SIn section 64(2), for “section 54 of the Road Traffic Regulation Act 1967” substitute “ section 64 of the Road Traffic Regulation Act 1984 ”.
37E+W+SAt the end of Schedule 1 the following entry shall be inserted as follows in columns 1, 2 and 3—
Column1 | Column2 | Column3 |
---|---|---|
The Road Traffic Regulation Act 1984. | Two police officers who have tested the apparatus. | The accuracy of any particular—(a) speedometer fitted to a police vehicle;(b) odometer fitted to a police vehicle;(c) radar meter; or(d) apparatus for measuring speed, time or distance, identified in the certificate by reference to its number or otherwise. |
38E+W+SIn Schedule 7—
(a)in paragraph 14(3) and (4), for “1967” substitute “ 1984 ”; and
(b)in paragraph 14(4), for “section 104(1)” substitute “ section 142 ”.
39E+W+SF200. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F200Sch. 13 para. 39 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), s. 1(1), Sch. 1 Pt. 14
40E+W+SIn section 42(2)(c), for “section 71 of the Road Traffic Regulation Act 1967” substitute “ section 81 of the Road Traffic Regulation Act 1984 ”, F201. . .
Textual Amendments
F201Words in Sch. 13, para. 40 repealed (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 83, Sch.8; S.I. 1992/1286, art. 2,Sch.
41E+W+SIn section 60(1), for “section 12 of the Road Traffic Regulation Act 1967” substitute “ section 14 of the Road Traffic Regulation Act 1984 ”.
42E+W+SIn section 90F(2), for “1967” substitute “ 1984 ”.
43E+W+SIn section 115(6)—
(a)for “Section 31 of the Road Traffic Regulation Act 1967” substitute “ Section 35 of the Road Traffic Regulation Act 1984 ”;
(b)for “section 28” substitute “ section 32 ”;
(c)for “sections 84A, 84B, 84C, 84D and 85 of” substitute “ section 112 of and Parts I, II, III and IV of Schedule 9 to ”;
(d)for “the said section 31”, wherever it occurs, substitute “ the said section 35 ”;
(e)in paragraph (b), for “section 84D” substitute “ Part IV of Schedule 9 ”; and
(f)in paragraph (c), for “section 85(2)” substitute “ section 112(2) ”.
44E+W+SIn section 115A(2), for “1967” substitute “ 1984 ”.
45E+W+SIn section 265(10), for “21 and 75 of the Road Traffic Regulations Act 1967” substitute “ 23 and 85 of the Road Traffic Regulation Act 1984 ”.
46E+W+SIn section 285(3), for “1967” substitute “ 1984 ”, and for “section 84A(2) or (4) of” substitute “ paragraph 3 or paragraph 7 of Schedule 9 to ”.
47E+W+SIn section 329(1), in the definition of “traffic sign”, for “section 54 of the Road Traffic Regulation Act 1967” substitute “ section 64 of the Road Traffic Regulation Act 1984 ”.
F20248, 49.E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F202Sch. 13 paras. 48 and 49 repealed by Transport Act 1985 (c. 67, SIF 126), s. 139(3), Sch. 8
F20350, 51.E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F203Sch. 13 paras. 50, 51, 54–56 repealed by Road Traffic (Consequential Provisions) Act 1988 (c. 54, SIF 107:1), ss. 3, 5, Sch. 1 Pt. I, Sch. 4 paras. 1–3
52E+W+SIn Schedule 10, in Part II, in paragraph 9(1), for “1967” substitute “ 1984 ”.
53E+W+SIn section 54, for “1967” substitute “ 1984 ”.
F20454–56E+W+S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F204Sch. 13 paras. 50, 51, 54–56 repealed by Road Traffic (Consequential Provisions) Act 1988 (c. 54, SIF 107:1), ss. 3, 5, Sch. 1 Pt. I, Sch. 4 paras. 1–3
57E+W+SIn section 1(11), in the definition of “traffic sign”, for “1967” substitute “ 1984 ”.
Section 146.
Chapter | Short title | Extent of repeal |
---|---|---|
1967 c. 76. | The Road Traffic Regulation Act 1967. | The whole Act except sections 109 and 113 and Schedule 6. |
1967 c. 77. | The Police (Scotland) Act 1967. | In Schedule 4, the entry relating to the Road Traffic Regulation Act 1967. |
1968 c. 41. | The Countryside Act 1968. | In section 27, in subsection (6), the words from “and in section 63 ” onwards.Section 32. |
1968 c. 59. | The Hovercraft Act 1968. | In the Schedule, in paragraph 4, sub-paragraph (d). |
1968 c. 73. | The Transport Act 1968. | Sections 126 to 132.Section 149.Schedule 14. |
1968 c. xxxvii. | The City of London (Various Powers) Act 1968. | Section 8. |
1969 c. 27. | The Vehicle and Driving Licences Act 1969. | In section 16, subsection (6). |
1969 c. 35. | The Transport (London) Act 1969. | Sections 32 to 36.Schedule 5. |
1970 c. 20. | The Roads (Scotland) Act 1970. | In Schedule 1, paragraph 12. |
1970 c. 29. | The Parish Councils and Burial Authorities (Miscellaneous Provisions) Act 1970. | Section 3. |
1971 c. 62. | The Tribunals and Inquiries Act 1971. | In Schedule 3, the entry relating to the Transport (London) Act 1969. |
1971 c. 78. | The Town and Country Planning Act 1971. | In Part II of Schedule 23, the entry relating to Schedule 5 to the Transport (London) Act 1969. |
1972 c. 11. | The Superannuation Act 1972. | In Schedule 6, paragraph 69. |
1972 c. 20. | The Road Traffic Act 1972. | In section 203, subsection (2).In Schedule 4, in Part III, paragraphs 4 to 8.In Schedule 7, the entry relating to the Road Traffic Regulation Act 1967. |
1972 c. 70. | The Local Government Act 1972. | In Schedule 19, Part II. |
1973 c. 44. | The Heavy Commercial Vehicles (Controls and Regulations) Act 1973. | Section 1. |
1973 c. 65. | The Local Government (Scotland) Act 1973. | In Schedule 14, paragraphs 59 to 73.In Schedule 25, paragraphs 34 to 38. |
1974 c. 7. | The Local Government Act 1974. | In Schedule 6, paragraph 20. |
1974 c. 50. | The Road Traffic Act 1974. | Sections 1 to 5.Section 19.In section 21, subsection (1).Section 22(a).Schedule 1.In Schedule 5—(a) Part II; and(b) in Part IV, paragraph 3.In Schedule 6, paragraphs 4 to 9. |
1974 c. xxiv. | The Greater London Council (General Powers) Act 1974. | Sections 12 and 13. |
1975 c. 21. | The Criminal Procedure (Scotland) Act 1975. | In Schedules 7C and 7D, the entries relating to the Road Traffic Regulation Act 1967. |
1976 c. 3. | The Road Traffic (Drivers’ Ages and Hours of Work) Act 1976. | In Schedule 1, paragraph 16. |
1976 c. 57. | The Local Government (Miscellaneous Provisions) Act 1976. | Section 37. |
1976 c. xxvi. | The Greater London Council (General Powers) Act 1976. | Section 4.Schedule. |
1977 c. 45. | The Criminal Law Act 1977. | In Schedules 6 and 12, the entry relating to the Road Traffic Regulation Act 1967. |
1978 c. 55. | The Transport Act 1978. | Sections 11 and 12. |
1980 c. 34. | The Transport Act 1980. | In Schedule 5, in Part II, the entry relating to the Road Traffic Regulation Act 1967. |
1980 c. 62. | The Criminal Justice (Scotland) Act 1980. | Section 31.In Schedule 1 the entry relating to the Road Traffic Regulation Act 1967. |
1980 c. 65. | The Local Government, Planning and Land Act 1980. | In Schedule 7, in Part II, paragraphs 9 to 13. |
1980 c. 66. | The Highways Act 1980. | In section 340, in subsection (2), paragraph (a).In Schedule 24, paragraph 16. |
1981 c. 14. | The Public Passenger Vehicles Act 1981. | In Schedule 7, paragraphs 4 to 8. |
1981 c. 43. | The Disabled Persons Act 1981. | Section 2. |
1981 c. 56. | The Transport Act 1981. | In section 24, in subsection (1), the words “and in section 103(1) of the Road Traffic Regulation Act 1967 ”. |
1981 c. 67. | The Acquisition of Land Act 1981. | In paragraph 1 of Schedule 4, the entry relating to the Road Traffic Regulation Act 1967. |
1981 c. 69. | The Wildlife and Countryside Act 1981. | Section 60. |
1981 c. xvii. | The Greater London Council (General Powers) Act 1981. | Section 7. |
1982 c. 48. | The Criminal Justice Act 1982. | In Schedule 3, the entries relating to the Road Traffic Regulation Act 1967. |
1982 c. 49. | The Transport Act 1982. | Sections 53 to 55.Section 56(1), (3) and (4).Sections 61 and 62.In section 64(2)—(a) paragraph (a); and(b) the words “in the former case as subsections (4) and (5) and in the latter case ”.Section 69.Section 72(b).In section 73—(a) in subsection (1), the words “subject to subsection (2) below, ”;(b) subsection (2);(c) subsection (3)(b); and(d) in subsection (4), the words “or an order to which section 55(6) of this Act applies ”.In section 76—(a) in subsection (2), the words “Subject to subsection (3) below ”; and(b) subsection 3.In Schedule 2, the entry relating to the Road Traffic Regulation Act 1967.In Schedule 5, paragraphs 1 to 4, 18 and 19. |
1967 | = The Road Traffic Regulation Act 1967 (c. 76). |
1967 (c. 77) | = The Police (Scotland) Act 1967. |
S.I. 1967/1900 | = The Removal and Disposal of Vehicles (Alteration of Enactments) Order 1967. |
1968 | = The Transport Act 1968 (c. 73). |
1968 (c. 41) | = The Countryside Act 1968. |
1968 (c. 59) | = The Hovercraft Act 1968. |
1968 (c. xxxvii) | = The City of London (Various Powers) Act 1968. |
1969 | = The Transport (London) Act 1969 (c. 35). |
1969 (c. 27) | = The Vehicle and Driving Licences Act 1969. |
1970 (c. 20) | = The Roads (Scotland) Act 1970. |
1970 (c. 29) | = The Parish Councils and Burial Authorities (Miscellaneous Provisions) Act 1970. |
1970 (c. 44) | = The Chronically Sick and Disabled Persons Act 1970. |
S.I. 1970/1681 | = The Secretary of State for the Environment Order 1970. |
1971 (c. 10) | = The Vehicles (Excise) Act 1971. |
1971 (c. 41) | = The Highways Act 1971. |
1971 (c. 62) | = The Tribunals and Inquiries Act 1971. |
1971 (c. 78) | = The Town and Country Planning Act 1971. |
1972 | = The Road Traffic Act 1972 (c. 20). |
1972 (c. 11) | = The Superannuation Act 1972. |
1972 (c. 70) | = The Local Government Act 1972. |
1973 (c. 44) | = The Heavy Commercial Vehicles (Controls and Regulations) Act 1973. |
1973 (c. 65) | = The Local Government (Scotland) Act 1973. |
S.I. 1973/747 | = The Motor Vehicles (Variation of Speed Limits) Regulations 1973. |
S.I. 1973/748 | = The Motor Vehicles (Speed Limits on Motorways) Regulations 1973. |
1974 | = The Road Traffic Act 1974 (c. 50). |
1974 (c. 7) | = The Local Government Act 1974. |
1974 (c. xxiv) | = The Greater London Council (General Powers) Act 1974. |
1975 (c. 21) | = The Criminal Procedure (Scotland) Act 1975. |
1975 (c. 78) | = The Airports Authority Act 1975. |
1976 | = The Local Government (Miscellaneous Provisions) Act 1976 (c. 57). |
1976 (c. 3) | = The Road Traffic (Drivers’ Ages and Hours of Work) Act 1976. |
1976 (c. xxvi) | = The Greater London Council (General Powers) Act 1976. |
1977 | = The Criminal Law Act 1977 (c. 45). |
1978 | = The Transport Act 1978 (c. 55). |
1978 (c. 3) | = The Refuse Disposal (Amenity) Act 1978. |
1980 (c. 34) | = The Transport Act 1980. |
1980 (c. 43) | = The Magistrates’ Courts Act 1980. |
1980 (c. 65) | = The Local Government, Planning and Land Act 1980. |
1980 (c. 66) | = The Highways Act 1980. |
1981 | = The Public Passenger Vehicles Act 1981 (c. 14). |
1981 (c. 43) | = The Disabled Persons Act 1981. |
1981 (c. 56) | = The Transport Act 1981. |
1981 (c. 67) | = The Acquisition of Land Act 1981. |
1981 (c. 69) | = The Wildlife and Countryside Act 1981. |
1981 (c. xvii) | = The Greater London Council (General Powers) Act 1981. |
S.I. 1981/202 | = The Motor Vehicles (Variation of Speed Limits) (No. 2) Regulations 1980. |
S.I. 1981/1372 | = The Motor Vehicles (Variation of Speed Limits and Speed Limits on Motorways) (Metrication) Regulations 1981. |
S.I. 1981/1373 | = The Road Traffic Acts 1960 and 1972, Road Traffic Regulation Act 1967 and Transport Act 1968 (Metrication) Regulations 1981. |
S.I. 1981/1374 | = The Road Traffic Acts 1960 and 1972 and Road Traffic Regulation Act 1967 (Metrication) (No. 2) Regulations 1981. |
1982 | = The Transport Act 1982 (c. 49). |
1982 (c. 48) | = The Criminal Justice Act 1982. |
S.I. 1982/137 | = The Fixed Penalty (Increase) Order 1982. |
S.I. 1984/325 | = The Motor Vehicles (Variation of Speed Limits) Regulations 1984. |
R (followed by a number) | = The recommendation set out in the paragraph of that number in the Appendix to the Report of the Law Commission and the Scottish Law Commission on the Act. (Cmnd. 9162). |
The Table does not take account of successive transfers of Ministerial functions under the enactments consolidated by the Act.
Provision | Derivation |
---|---|
1(1) | 1967 s. 1(1); 1968 s. 126(1), Sch. 14 Pt. VI paras. 1, 2. |
(2), (3) | 1867 s. 1(2), (2A), (2B); 1980 (c. 65) Sch. 7 para. 9(1). |
(4), (5) | 1867 s. 1(7). |
2(1) | 1967 s. 1(3); 1968 Sch. 14 Pt. VI para. 3; 1974 Sch. 6 para. 4. |
(2) | 1867 s. 1)3); 1968 Sch. 14 Pt. VI para. 3. |
(3) | 1867 s. 1(3A); 1968 s. 126(2). |
(4), (5) | 1867 s. 1(3AA), (3AB); 1973 (c. 44) s. 1. |
3(1), (2) | 1967 s. 1(5), (6); 1968 s. 126(4); 1973 (c. 44) s. 1(2). |
(3) | 1867 s. 1(4). |
(4) | 1867 s. 1(3); 1981 s. 39(3). |
4 | 1967 s. 1(3B)–(3D); 1968 Sch. 14 Pt. I. |
5(1) | 1967 s. 1(8); 1968 s. 126(2). |
(2) | 1867 s. 1(7). |
6(1), (2) | 1967 s. 6(1), (2); 1968 s. 126(6), Sch. 14 Pt. VI. |
(3) | 1867 s. 6(3); 1974 Sch. 6 para. 5. |
(4) | 1867 s. 6(11). |
(5) | 1867 s. 6(1). |
(6) | 1867 s. 6(12). |
7(1)–(4) | 1967 s. 6(4)–(7); 1968 s. 126(7). |
(5) | 1867 s. 6(8); 1981 Sch. 7 para. 4. |
(6) | 1867 s. 7(2); 1968 Sch. 14 Pt. VI para. 7; S.I. 1970/1681 para. 24. |
(7) | 1867 s. 6(12); 1981 Sch. 7 para. 4. |
8(1) | 1967 s. 6(9). |
(2) | 1867 s. 6(11). |
9(1) | 1967 s. 9(1); 1968 Sch. 14 Pt. VI; 1974 (c. xxiv) s. 13(1)(a); 1974 Sch. 6 para. 6. |
(2)–(4) | 1967 s. 9(2)–(3A) (first); 1980 (c. 65) Sch. 7 para. 9. |
(5) | 1867 s. 9(3A) (second); 1974 (c. xxiv) s. 13(1)(b). |
(6) | 1867 s. 9(12)(b). |
10(1), (2) | 1967 s. 9(4), (5); 1974 (c. xxiv) s. 13(1)(c); 1980 (c. 65) Sch. 7 para. 9; R.1. |
(3) | 1967 s. 9(5); 1974 (c. xxiv) s. 13(1)(c). |
(4) | 1867 s. 9(8); 1981 Sch. 7 para. 5. |
(5) | 1867 s. 9(11). |
11 | 1967 s. 9(9). |
12(1)–(4) | 1967 s. 11(1)–(3); 1968 Sch. 14 Pt. VI para. 11. |
(5)–(10) | 1867 s. 11(5)–(8). |
13 | 1967 s. 11(4). |
14(1)–(7) | 1967 s. 12(1)–(5); 1968 s. 126(9). |
(8) | 1867 s. 12(5A); 1974 (c. xxiv) s. 13(1)(d). |
(9) | 1867 s. 12(11). |
15(1)–(4) | 1967 s. 12(6); 1973 (c. 65) Sch. 25 para. 34; 1974 (c. 7) Sch. 6 para. 20(1). |
(5) | 1967 s. 12(7). |
16(1) | 1967 s. 12(9); 1968 s. 126(9). |
(2) | 1867 s. 12(10). |
(3), (4) | 1867 s. 12(8). |
17(1)–(3) | 1967 s. 13(1)–(3); 1980 (c. 66) Sch. 24 para. 16. |
(4) | 1867 s. 13(4). |
(5), (6) | 1867 s. 13(5), (6). |
18(1), (2) | 1967 s. 14(1); 1980 (c. 66) Sch. 24 para. 16. |
(3) | 1867 s. 14(2). |
19(1), (2) | 1967 s. 15(1); 1968 s. 128(1), Sch. 14 Pt. VI paras. 12, 13. |
(3) | 1867 s. 15(8); 1973 (c. 65) Sch. 14 para. 61. |
20 | 1967 s. 16. |
21 | 1967 s. 18; 1972 Sch. 7. |
22 | 1968 (c. 41) s. 32(1)–(4); 1980 (c. 65) Sch. 7 para. 13. |
23 | 1967 s. 21; 1980 (c. 65) Sch. 7 para. 10(1). |
24 | 1967 s. 22. |
25 | 1967 s. 23. |
26(1) | 1967 s. 24(1); 1974 Sch. 6 para. 7. |
(2)–(5) | 1867 s. 24(2)–(5); 1973 (c. 65) Sch. 14 para. 64, Sch. 27 para. 1(2). |
27(1) | 1967 s. 24(6A); 1969 s. 33. |
(2) | 1867 s. 24(6). |
28 | 1967 s. 25; 1974 Sch. 6 para. 7. |
29(1) | 1967 s. 26(1), (9); 1968 Sch. 14 Pt. VI para. 15; 1973 (c. 65) Sch. 14 para. 65. |
(2) | 1967 s. 26(2). |
(3) | 1867 s. 26(6). |
30 | 1967 s. 26A; 1968 Sch. 14 Pt. II. |
31 | 1967 s. 27; 1968 Sch. 14 Pt. VI para. 17. |
32(1) | 1967 s. 28(1); 1968 Sch. 14 Pt. VI para. 1. |
(2), (3) | 1867 s. 28(3), (5). |
(4) | 1867 s. 28(6); 1973 (c. 65) Sch. 14 para. 66. |
33 | 1967 s. 29; R.3. |
34 | 1967 s. 29A; 1971 (c. 41) s. 9(1). |
35(1) | 1967 s. 31(1); 1968 Sch. 14 Pt. VI para. 1. |
(2) | 1867 s. 31(1A) (first); 1971 (c. 41) s. 9(3). |
(3)–(5) | 1967 s. 31(2), (3). |
(6)–(9) | 1867 s. 31(4)–(7). |
36(1), (2) | 1967 s. 28(2), (4). |
(3) | 1867 s. 28A(1); 1972 (c. 70) Sch. 19 para. 15. |
(4) | |
37(1)–(3) | 1967 s. 5(1), (2); 1968 Sch. 14 Pt. VI para. 5; 1972 (c. 70) Sch. 19 para. 8(1); 1973 (c. 65) Sch. 14 para. 60. |
(4) | 1967 s. 5(3); 1968 Sch. 14 Pt. VI para. 6; 1973 (c. 44) s. 1(4). |
38(1) | 1967 s. 33(1); 1968 s. 128(3), Sch. 14 Pt. VI para. 18. |
(2)–(4) | 1867 s. 33(2), (3); 1968 s. 128(5); R.4. |
(5), (6) | 1867 s. 33(8), (9). |
(7) | 1967 s. 33(5); 1968 Sch. 14 Pt. VI para. 20; 1981 Sch. 7 para. 6; R.4. |
39(1) | 1967 s. 28(6A); s. 28A(1)(b); 1972 (c. 70) Sch. 19 paras. 14, 15. |
(2) | 1867 s. 28(7). |
(3)–(8) | 1867 ss. 28A(2)–(7), 31(1A) (second); 1972 (c. 70) Sch. 19 para. 15. |
40 | 1967 s. 30; 1971 (c. 41) s. 9(2); 1981 (c. 67) Sch. 4 para. 1. |
41 | 1967 s. 32(5), (6); 1971 (c. 41) s. 9(4). |
42 | 1967 s. 34(1). |
43 | 1969 ss. 36, 45(1); 1975 (c. 78) s. 25(8). |
44 | 1978 s. 11. |
45(1) | 1967 s. 35(1); 1968 Sch. 14 Pt. IV para. 1 |
(2) | 1867 s. 35(1A); 1968 s. 127(1). |
(3), (4) | 1967 s. 35(2), (3); 1968 Sch. 14 Pt. IV para. 3. |
(5) | 1967 s. 35(9). |
(6) | 1967 s. 35(7); 1968 Sch. 14 Pt. IV para. 5. |
(7) | 1967 s. 35(4); 1972 (c. 70) Sch. 19 para. 17; 1973 (c. 65) Sch. 14 para. 67. |
46(1), (2) | 1967 s. 36(1), (2); 1968 s. 127(2), Sch. 14 Pt. IV paras. 6–8. |
(3) | 1867 s. 37(5); 1973 (c. 65) Sch. 25 para. 37; 1974 (c. 7) Sch. 6 para. 20(4). |
(4) | 1967 s. 36(6); 1968 s. 127(3). |
47(1), (2) | 1967 s. 42(1), (2); 1968 s. 127(4); R.5. |
(3)–(6) | 1867 s. 42(4)–(7). |
(7) | 1867 s. 42(8); 1968 Sch. 14 Pt. VI para. 22(a). |
48(1) | 1967 s. 42(3). |
(2) | 1867 s. 42(4A); 1968 s. 127(5). |
49(1)–(3) | 1967 s. 37(1), (2), (2A); 1972 (c. 70) Sch. 19 para. 20. |
(4), (5) | 1867 s. 37(3), (4); 1968 Sch. 14 Pt. IV para. 9. |
(6) | 1867 s. 40(2). |
50(1)–(3) | 1967 s. 35(5); 1968 Sch. 14 Pt. IV para. 5. |
(4) | 1867 s. 35(5A); 1969 s. 35. |
(5) | |
(6) | 1867 s. 35(6); 1968 Sch. 14 Pt. IV para. 5. |
51(1)–(3) | 1981 (c. xvii) s. 7(1), (2). |
(4)–(6) | 1881 (c. xvii) s. 7(5), (6). |
52(1) | 1981 (c. xvii) s. 7(4). |
(2), (3) | 1881 (c. xvii) s. 7(3). |
53(1)–(3) | 1967 s. 39(1), (2); 1968 Sch. 14 Pt. IV para. 11. |
(4)–(6) | 1867 s. 43(1)–(3). |
(7) | 1867 s. 43(4); 1972 (c. 70) Sch. 19 para. 21. |
54(1)–(8) | 1967 s. 35A; 1972 (c. 70) Sch. 19 para. 18; R.6. |
(9) | 1867 s. 36(3); 1972 (c. 70) Sch. 19para. 19. |
55(1) | 1967 s. 44(1). |
(2)–(4) | 1967 s. 44(2), (3); 1968 s. 127(6); 1980 (c. 66) Sch. 24 para. 16(d). |
(5) | 1967 s. 44(3A); 1968 s. 127(7); 1970 (c. 20) Sch. 1 para. 12. |
(6) | 1967 ss. 35(5)(c), 35A(8); 1968 Sch. 14 Pt. IV para. 5; 1972 (c. 70) Sch. 19 para. 18. |
(7) | 1967 s. 44(5); 1968 Sch. 14 Pt. VI para. 23. |
56 | 1967 s. 45(1); 1968 Sch. 14 Pt. VI para. 24. |
57(1) | 1967 ss. 46(1), 49A(1); 1972 (c. 70) s. 179(4), Sch. 19 para. 22. |
(2)–(9) | 1967 ss. 46(1)–(7), 49A(4); 1972 (c. 70) s. 179(4). |
58 | 1967 s. 47; 1972 (c. 70) s. 179(4). |
59 | 1967 s. 49A(2)–(8); 1972 (c. 70) s. 179(4), Sch. 19 para. 22. |
60(1), (2) | 1967 s. 48(1), (3); 1972 (c. 70) s. 179(4). |
(3) | 1867 s. 48(2). |
(4) | 1867 s. 50; 1980 (c. 66) Sch. 24 para. 16(e); R.7. |
61(1)–(5) | 1976 s. 37(1)–(5). |
(6) | 1876 s. 37(8). |
(7), (8) | 1876 s. 44; R.8. |
62 | 1967 s. 51. |
63 | 1978 s. 12. |
64 | 1967 s. 54; 1972 Sch. 7. |
65 | 1967 s. 55(1)–(3). |
66 | 1967 s. 57; 1972 Sch. 7. |
67(1), (2) | 1967 s. 58(1), (2); 1972 Sch. 7. |
(3) | 1867 s. 59. |
68 | 1967 s. 56A(1)–(3); 1968 Sch. 14 Pt. III. |
69 | 1967 s. 61(1), (2). |
70 | 1967 s. 62; 1968 s. 129(4). |
71(1) | 1967 s. 63; 1968 s. 129(4). |
(2) | 1868 (c. 41) ss. 27(6), (7), 49(2); 1980 (c. 66) Sch. 24 para. 17(b). |
(3) | 1868 (c. 41) s. 50(5). |
72 | 1970 (c. 29) s. 3; 1972 (c. 70) s. 179(4). |
73(1), (2) | 1967 s. 56(1), (3); 1968 s. 129(2); 1969 s. 34(3). |
(3) | 1867 s. 56(4); 1969 s. 34(4). |
(4) | 1967 s. 55(4); 1969 s. 34(2). |
(5) | 1869 s. 34(9). |
74(1)–(6), | 1967 (c. xxvi) s. 4(1)–(6), (8). |
(8), (9) | |
(7) | 1968 (c. xxxvii) s. 8; 1971 (c. 78 Sch. 24 para. 4. |
75 | 1967 s. 60. |
76 | 1967 s. 64. |
77 | 1967 s. 65(1); 1972 Sch. 7. |
78(1) | 1867 s. 65(2); 1972 (c. 70) Sch. 19 para. 24; 1973 (c. 65) Sch. 14 para. 69. |
(2) | 1967 s. 68(1)–(3). |
79(1)–(4) | 1867 s. 68(4); 1968 s. 129(5). |
(5) | 1967 s. 67; 1968 Sch. 14 Pt. VI para. 27. |
80 | 1967 s. 71. |
81 | 1967 s. 72(1), (3), (5). |
82 | 1967 s. 73(1)–(3); 1968 Sch. 14 Pt. VI para. 1. |
83(1), (2) | 1867 s. 56A(1); 1968 Sch. 14 Pt. III. |
(3) | 1967 s. 74(1), (2), (7); 1968 Sch. 14 Pt. VI para. 1. |
84(1)–(4) | 1867 s. 56A(1); 1968 Sch. 14 Pt. III. |
(5) | 1967 s. 75(1)–(5). |
85(1)–(5) | 1867 s. 13(3A); 1968 s. 129(1). |
(6) | 1867 s. 75(6). |
(7) | 1967 s. 78(1), (4). |
86(1) | 1867 s, 78(2)–(6); R.9. |
(2)–(6) | 1967 s. 79. |
87 | 1967 s. 77(1)–(3), (5); 1968 s. 126(11)(a). |
88(1)–(5) | 1867 s. 77(9). |
(6) | 1867 s. 77(7). |
(7) | 1867 s. 77(6). |
(8) | 1967 s. 78A; 1972 s. 203(2); 1977 Sch. 12; R.10. |
89 | 1967 s. 78B; 1982 s. 62. |
90 | 1967 s. 76(2); 1972 (c. 70) Sch. 19 para. 27; 1973 (c. 65) Sch. 14 para. 71(a). |
91 | 1967 s. 69(1); 1968 s. 129(6); 1972 (c. 70) Sch. 19 para. 26(1); 1973 (c. 65) Sch. 14 para. 70(a). |
92(1) | 1967 s. 69(1A); 1968 s. 129(7). |
(2), (3) | 1967 s. 69(2), (3); 1972 (c. 70) Sch. 19 para. 26(1); 1973 (c. 65) Sch. 14 para. 70(a). |
(4) | 1967 s. 69(7). |
(5) | 1867 s. 69(8). |
(6) | 1967 s. 69(2). |
93(1) | 1867 s. 69(4). |
(2) | 1867 s. 69(5)–(8). |
(3)–(6) | 1967 s. 70(1). |
94(1) | 1967 s. 70(1A); 1968 s. 129(8). |
(2) | 1967 s. 70(2). |
(3) | 1967 s. 70(3). |
(4) | 1967 s. 70(5). |
(5) | 1967 s. 70(4). |
(6) | 1967 s. 81(1); 1968 s. 131(4). |
95(1) | 1967 s. 81(12); 1967 (c. 77) Sch. 4. |
(2) | 1967 s. 81(2), (3); 1968 s. 131(5). |
(3)–(5) | 1967 s. 81(5), (6). |
(6), (7) | 1967 s. 81(4A), (4B); 1968 s. 131(6); 1972 Sch. 7. |
96 | 1967 s. 81(9); 1972 (c. 11) Sch. 6 para. 69. |
97(1) | 1967 s. 81(8). |
(2) | 1967 s. 81(10), (11). |
(3), (4) | 1967 s. 81(7). |
(5) | |
98 | 1967 s. 20(1); S.I. 1967/1900 art. 2, Sch. 1. |
99(1) | 1967 s. 20(7)(a)–(c); S.I. 1967/1900 art. 2, Sch. 1. |
(2) | 1967 s. 20(2), (3); S.I. 1967/1900 art. 2, Sch. 1. |
(3), (4) | 1967 s. 20(8); S.I. 1967/1900 art. 2, Sch. 1; 1972 (c. 70) Sch. 19 para. 10(2); 1973 (c. 65) Sch. 14 para. 62. |
(5) | 1967 s. 20(4); S.I. 1967/1900 art. 2, Sch. 1; R.11. |
100(1) | 1967 s. 20(4A); 1972 (c. 70) Sch. 19 para. 10(1); R.11. |
(2) | 1967 s. 20(5), (6); S.I. 1967/1900 art. 2, Sch. 1. |
(3), (4) | 1967 s. 20(8); S.I. 1967/1900 art. 2, Sch. 1; 1972 (c. 70) Sch. 19 para. 10(2); 1973 (c. 65) Sch. 14 para. 62. |
(5) | 1967 s. 53(1); S.I. 1967/1900 art. 2, Sch. 1. |
101(1)–(3) | 1967 s. 53(3), (4); S.I. 1967/1900 art. 2, Sch. 1. |
(4)–(6) | 1967 s. 53(2); S.I. 1967/1900 art. 2, Sch. 1. |
(7) | 1967 s. 53(5); S.I. 1967/1900 art. 2, Sch. 1. |
(8) | 1967 s. 52(1), (2), (7); S.I. 1967/1900 art. 2, Sch. 1. |
102(1)–(3) | 1967 s. 52(2A); 1974 s. 19. |
(4) | 1967 s. 52(2); S.I. 1967/1900 art. 2, Sch. 1; 1978 (c. 3) s. 12(4). |
(5) | 1967 s. 52(4), (5); S.I. 1967/1900 art. 2, Sch. 1; 1972 (c. 70) Sch. 19 para. 23. |
(6), (7) | 1967 s. 52(3); S.I. 1967/1900 art. 2, Sch. 1; 1978 (c. 3) s. 12(4). |
(8) | 1976 s. 37(7). |
103(1) | 1976 s. 37(1)(c). |
(2) | 1967 ss. 20(7)(d), 52(6), 53(6); S.I. 1967/1900 art. 2, Sch. 1. |
(3) | 1982 s. 53(1)–(9). |
104(1)–(9) | 1982 s. 73(2). |
(10) | 1982 s. 53(10). |
(11) | 1982 s. 73(5)(a). |
(12) | 1982 s. 54(1)–(6), (8). |
105 | 1982 s. 55. |
106(1)–(8) | 1982 s. 73(1), (4). |
(9) | 1982 s. 73(3). |
(10) | 1974 s. 2(1)–(5). |
107 | 1974 s. 2(6)–(9). |
108 | 1974 s. 3. |
109 | 1974 s. 4. |
110 | 1974 s. 5; 1982 Sch. 5 para. 18. |
111 | 1967 s. 85(1). |
112(1) | 1967 s. 85(2); 1968 s. 127(8); 1969 (c. 27) s. 16(6). |
(2) | 1967 s. 85(2); 1976 ss. 37(6), 44(1). |
(3) | 1967 s. 85(3). |
(4) | |
(5) | 1967 s. 89; 1972 Sch. 7. |
113 | 1967 s. 90. |
114 | 1967 s. 86(1); 1968 s. 127(9). |
115(1) | 1967 s. 86(3); 1968 s. 127(10). |
(2) | 1967 s. 91. |
(3) | 1967 s. 86(4), (5); 1968 s. 127(10). |
116 | 1967 s. 86A; 1981 (c. 43) s. 2. |
117 | 1967 s. 87; 1968 Sch. 14 Pt. VI para. 30. |
118 | 1967 s. 88; R.12. |
119 | 1982 s. 69. |
120 | 1967 s. 94(2). |
121 | 1967 s. 84(1); 1968 s. 130(4); R.13. |
122(1) | 1967 s. 84(1); 1968 s. 130(3), (4); 1973 (c. 44) s. 1(5). |
(2) | 1974 (c. xxiv) s. 12. |
123(1), | |
(3)–(9) | 1967 s. 84(4). |
(2) | 1974 (c. xxiv) s. 2. |
(10) | 1967 ss. 84A–84D; 1968 Sch. 14 Pt. V. |
124(1)(a)–(d) | 1967 ss. 15(4), 33(1A); 1968 Sch. 14 Pt. VI para. 19. |
(e) | 1967 ss. 41, 84E; 1968 Sch. 14 Pt. V. |
(f) | 1967 ss. 12(12), 84D(5); 1968 Sch. 14 Pt. V. |
(2) | 1967 s. 82; 1968 s. 129(9), Sch. 14 Pt. VI para. 28; 1972 (c. 70) Sch 19 para. 28. |
125 | 1967 s. 83. |
126 | 1981 (c. 69) ss. 60, 66(1), (2). |
127 | 1967 s. 95; R.14. |
128 | 1967 s. 96. |
129(1)–(3) | 1967 s. 84(3); 1968 Sch. 14 Pt. VI para. 29; 1972 (c. 70) s. 272(2). |
(4) | 1967 s. 97; 1968 s. 126(12); 1982 ss. 64, 72(b). |
130 | 1968 s. 149. |
131 | 1968 (c. 41) s. 32(1), (5)–(8), (10). |
132 | 1967 ss. 98, 104(1). |
133 | 1967 s. 107. |
134 | 1967 s. 108A; 1968 s. 132; R.15. |
135(1) | |
(2) | 1967 s. 99(1)–(8); S.I. 1981/1373 Sch. Pt. II; S.I. 1981/1374 Sch. |
136 | 1967 s. 99(1). |
137(1) | 1967 s. 99(9)–(11). |
(2)–(5) | 1967 s. 104(1A)–(1G); 1982 s. 56(1), (3), (4). |
138 | 1967 s. 101; 1968 (c. 59) Sch. para. 4. |
139 | 1967 s. 103; 1972 Sch. 7; 1981 (c. 56) s. 24(1). |
140 | 1967 s. 106. |
141(1)–(4) | 1967 s. 104(1). |
(5) | 1967 ss. 20(8), 52(3), 53(5), 102, 104(1); 1969 s. 34(5); 1973 (c. 65) Sch. 14 para. 72; 1974 s. 5(1); 1980 (c. 34) Sch. 5 Pt. II; 1980 (c. 43) Sch. 8 para. 5; 1980 (c. 66) Sch. 24 para. 16(h); 1981 Sch. 7 para. 7; 1981 (c. 43) s. 2(c); R.16, 17. |
142(1) | 1967 s. 102. |
(2) | 1967 s. 104(2); 1976 (c. 3) Sch. 1 para. 16. |
(3) | 1967 s. 112. |
143 | |
144 | |
145(1) | 1982 s. 76(2). |
(2) | 1982 s. 76(4). |
(3) | 1982 s. 73(1). |
(4) | |
(5) | |
146 | |
147 | 1967 Sch. 1. |
Sch. 1 | 1967 Sch. 2 |
Sch. 2 | 1967 Sch. 3; 1968 s. 126 (9). |
Sch. 3 | 1969 Sch. 5; 1971 (c. 62) Sch. 3; 1971 (c. 78) Sch. 23 Pt. II; 1972 (c. 70) s. 272(2). |
Sch. 4 | 1976 (c. xxvi) Sch.; R.18. |
Sch. 5 | 1967 Sch. 5; S.I. 1984/325. |
Sch. 6 | 1967 ss. 1(8), 6(9), 11(4), 13(4), 14(2), 16(5), 25(2), 26(6), 26A(5), 31(3), (3A), (5), 42(1), (1A), (4), 43(2), (3), 77(7), 78A(1), 80(8), 85(3), 86(2), (3), (4), 86A(3), 87, 96(2); 1968 s. 127(10), Sch. 14 Pt. II; 1969 s. 36(5), (10), (12); 1972 s. 203(2), Sch. 4 Pt. III paras. 4–8; 1974 ss. 1(7), (8), 2(7), (8), Sch. 5 Pt. II; 1975 (c. 21) ss. 289B, D–H, Schs, 7C, 7D; 1976 s. 37(5); 1977 Sch. 6; 1980 (c. 43) s. 33(2), (9); 1981 (c. 43) s. 2; 1981 (c. xvii) s. 7(4); 1982 (c. 48) ss. 35, 37, 38, 53, 54, 56, Schs. 3, 6; 1982 ss. 53(5), (6), 54(7). |
Sch. 7 | 1974 s. 5, Sch. 1; 1982 Sch. 5 para. 19. |
Sch. 8 | 1967 s. 84A; 1968 Sch. 14 Pt. V; 1972 (c. 70) Sch. 19 para. 29; 1973 (c. 44) s. 1(6). |
Sch. 9 | 1967 s. 84B; 1968 Sch. 14 Pt. V; 1980 (c. 65) Sch. 7 para. 12; 1980 (c. 66) Sch. 24 para. 16(g). |
Pt. I | 1967 s. 84C; 1968 Sch. 14 Pt. V; 1972 (c. 70) Sch. 19 para. 30(1), (2); 1974 (c. xxiv) s. 13(2); 1976 s. 37(4); R.8. |
Pt.II | 1967 s. 84D; 1968 Sch. 14 Pt. V; 1972 (c. 70) Sch. 19 para. 31. |
Pt.III | 1967 ss. 15(4), 33(1A); 1968 Sch. 14 Pt. VI paras. 13, 19; 1981 Sch. 7 para. 6. |
Pt.IV | 1967 ss. 41, 84E; 1968 Sch. 14 Pt. V, Pt. VI para. 21. |
Pt. V | R.19. |
Pt.VI | |
Sch. 10 | 1967 ss. 80, 81(4); 1968 s. 131(1)(b), (2), (3); 1971 (c. 10) Sch. 7 Pt. II para. 11; 1972 Sch. 7; 1974 ss. 1, 3, 4, 5, Schs. 1, 6; 1977 Sch. 12; 1979 (c. 55) Sch. 2 para. 15; 1982 Sch. 5 para. 18; S.I. 1982/137. |
Sch. 13 | |
Sch. 11 | |
Sch. 14 | |
Sch. 12 |