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(1)An experimental traffic order—
(a)may provide for the suspension or modification, while the order is in force, of any provision previously made by or under any enactment, if it is a provision that could have been made by the order; and
(b)shall, to the extent that it is inconsistent with any provision subsequently made by or under any enactment, cease to have effect.
F1[(2)An experimental traffic order may include provision empowering a specified officer of the authority who made the order, or a person authorised by such a specified officer, to modify or suspend the operation of the order or any provision of it if it appears to him essential—
(a)in the interests of the expeditious, convenient and safe movement of traffic,
(b)in the interests of providing suitable and adequate on-street parking facilities, or
(c)for preserving or improving the amenities of the area through which any road affected by the order runs.
The power conferred by such a provision shall be exercised only after consulting the appropriate chief officer of police and giving such public notice as the Secretary of State may direct.]
F2[(3)Any such power to modify an experimental traffic order as is mentioned in subsection (2) above does not extend to making additions to the order or to designating additional on-street parking places for which charges are made; but subject to that the modifications may be of any description.]
(4)No appeal shall lie to the Secretary of State from the [F3commissioner for the Metropolitan Traffic Area under section 42 of the Transport Act 1985 in the case of a decision of the commissioner with respect to a London local service licence if and so far as he certifies] that the decision was necessary to secure conformity with an experimental traffic order prescribing—
(a)the routes to be followed, or roads which are not to be used, by vehicles affected by the decision, or
(b)the places in roads where such vehicles may or may not wait, or
(c)the stopping places for such vehicles.
(5)The Secretary of State may repay to [F4a London borough council or the Common Council of the City of London] any expenses incurred by [F4that council] in connection with any experimental traffic order made by them.
[F5(6)The reference in subsection (4) above to the Metropolitan Traffic Area shall be construed as if it were contained in the Public Passenger Vehicles Act 1981.]
Textual Amendments
F1S. 10(2) substituted (1.11.1991) by New Roads and Street Works Act 1991 (c. 22, SIF 59, 108) s. 168(1), Sch. 8 para. 24(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.
F2S. 10(3) substituted (1.11.1991) by New Roads and Street Works Act 1991 (c. 22, SIF 59, 108) s. 168(1), Sch. 8 para. 24(3); 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.
F3Words substituted by Transport Act 1985 (c. 67, SIF 126), s. 1(3), Sch. 1 para. 15(3)(a)
F4Words substituted by Local Government Act 1985 (c. 51, SIF 81:1), ss. 1, 2, 8(1), Sch. 5 para. 4(5)
F5S. 10(6) inserted by Transport Act 1985 (c. 67, SIF 126), s. 1(3), Sch. 1 para. 15(3)(b)
Modifications etc. (not altering text)
C1Pt. 1 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)
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