(1)Subject to subsections (2), (3) and (5) below, an order under section 14 of this Act shall not continue in force—
(a)if it is in respect of a footpath, bridleway, cycle track or byway open to all traffic, for more than six months; and
(b)in any other case, for more than eighteen months,
from the date on which it comes into force.
(2)The time-limit of eighteen months in subsection (1) above shall not apply to an order made for the reason mentioned in section 14(1)(a) of this Act if the authority making it are satisfied, and it is stated in the order that they are satisfied, that the execution of the works in question will take longer; but in any such case the authority shall revoke the order as soon as the works are completed.
(3)Where an order subject to the time-limit of eighteen months in subsection (1) above (in this subsection referred to as “the temporary order”) has not ceased to be in force and the Secretary of State is satisfied that—
(a)an order which the authority that made the temporary order proposes to make under any other provision of this Act has the sole effect of reproducing the provisions of the temporary order and continuing them in force; and
(b)in consequence of the procedure required to be followed in connection with the making of the proposed order that authority would be unable to make it so that it would come into operation before the temporary order ceases to be in force,
the Secretary of State may, subject to subsection (4) below, from time to time direct that the temporary order shall continue in force for a further period not exceeding six months from the date on which it would otherwise cease to be in force.
(4)Where the Secretary of State is not himself the authority that made the temporary order he shall not give a direction under subsection (3) above except at the request of that authority.
(5)The Secretary of State may, at the request of an authority that has made an order subject to the time-limit of six months in subsection (1) above, from time to time direct that the order shall continue in force for a further period from the date on which it would otherwise cease to be in force.
(6)Where the Secretary of State refuses a request under subsection (5) above in respect of an order no further order to which that subsection applies shall be made in respect of any length of road to which the previous order related unless the Secretary of State has consented to the making of the further order or at least three months have expired since the date on which the previous order ceased to be in force.
(7)A notice under section 14 of this Act shall not continue in force—
(a)if issued for the reason mentioned in paragraph (a) or the purpose mentioned in paragraph (c) of subsection (1) of that section, for more than five days from the date of the notice;
(b)if issued for the reason mentioned in paragraph (b) of that subsection, for more than twenty-one days from that date;
but the Secretary of State may by regulations alter the number of days for the time being specified in this subsection.
(8)Provided that no restriction or prohibition imposed under section 14 of this Act in respect of any length of road remains in force for more than the period applicable to an order in respect of the road under subsection (1) above (except by virtue of subsection (2), (3) or (5) above and subject to subsection (6) above)—
(a)a restriction or prohibition imposed by an order under that section may be continued by a further order or further orders under that section; and
(b)a restriction or prohibition imposed by a notice under that section may be continued—
(i)by an order under that section; or
(ii)if the notice was issued for the reason mentioned in subsection (1)(b) of that section, by one (but not more than one) further notice under that section.
(9)In the application of this section to England and Wales—
(a)“footpath” does not include a highway over which the public have a right of way on foot only which is at the side of a public road;
(b)“cycle track” has the same meaning as in the M1Highways Act 1980; and
(c)“byway open to all traffic” means a highway over which the public have a right of way for vehicular and all other kinds of traffic but which is used by the public mainly for the purpose for which footpaths and bridleways are used.
(10)In the application of this section to Scotland “footpath” and “cycle track” have the same meaning as in the M2Roads (Scotland) Act 1984.]
Textual Amendments
F1S. 15 substituted (1.7.1992) by Road Traffic (Temporary Restrictions) Act 1991 (c. 26, SIF 107:1), s. 1(1), Sch.1; S.I. 1992/1218, art.2.
Modifications etc. (not altering text)
C1S. 15(2)(3)(5)-(7): certain functions transferred (1.7.1999) by S.I. 1999/1750, art. 2, Sch. 1; S.I. 1998/3178, art. 3
Marginal Citations