Road Traffic Regulation Act 1984

106 Initial experimental period for immobilisation of vehicles. E+W+S

(1) Sections 104 and 105 of this Act (referred to below in this section as the principal sections) shall extend only to such areas as the Secretary of State may by order specify; and the power of the Secretary of State to extend those sections to any area is subject to the following provisions of this section.

(2) During the experimental period for the purposes of the principal sections—

(a) any order under this section extending those sections to any area shall be an experimental order; and

(b) only one such order may be in force at any one time (without prejudice to the variation of that order from time to time by a further order under this section).

(3) An experimental order—

(a) shall relate to a single area only (without prejudice to the alteration of that area from time to time by a further order under this section varying the experimental order); and

(b) shall expire at the end of the period of two years beginning with the day on which it comes into force, unless it is previously revoked or continued in force by a further order under this section.

(4) The experimental period for the purposes of the principal sections is the period beginning with 28th October 1982 and ending with the date on which any order continuing in force an experimental order under this section comes into force.

(5) After the end of the experimental period for the purposes of the principal sections any order under this section extending those sections to any area may be made for a limited period or without limit of time (subject to variation or revocation by a further order under this section).

(6) An order under this section continuing in force an experimental order under this section shall not be made unless a draft of the order has been laid before and approved by a resolution of each House of Parliament.

(7) The Secretary of State shall not by order under this section (including any order varying an existing order) extend the principal sections to any area for the first time unless requested to do so by the authority responsible for traffic regulation in that area.

(8) For the purposes of subsection (7) above, the authority responsible for traffic regulation in any area is—

(a) in relation to any area in Greater London, [F1 the council of the London borough or the Common Council of the City of London];

(b) in relation to any area in England and Wales other than an area in Greater London, the council of the county [F1 or metropolitan district]; and

(c) in relation to any area in Scotland, the local [F2 roads] authority.

(9) The power of the Secretary of State to make any order under this section shall be exercisable by statutory instrument which, except in the case of an order to which subsection (6) above applies, shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(10) Before making an order to which subsection (6) above applies the Secretary of State shall consult with such representative organisations as he thinks fit.

Textual Amendments

F1 Words substituted by Local Government Act 1985 (c. 51, SIF 81:1), ss. 1, 2, 8(1), Sch. 5 para. 4(33)(a)(b)

F2 Word substituted by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 128(1), Sch. 9 para. 93(38)