C1Part I General Provisions for Traffic Regulation
Experimental traffic schemes
C39 Experimental traffic orders. C2
1
Subject to Parts I to III of Schedule 9 to this Act, for the purpose of carrying out an experimental scheme of traffic control, an order under this subsection (in this Act referred to as an “experimental traffic order ") may make the like provision—
a
as respects any road outside Greater London, as may be made by a traffic regulation order, or
b
as respects traffic on roads in Greater London, as may be made by an order under any of the following provisions of this Act, namely sections 6, 45, 46, 49, 83(2) and 84 and, accordingly, subject to the following provisions of this section and section 10 of this Act—
i
the provisions of sections 1 to 4 of this Act (except section 1(2)) shall apply in relation to an experimental traffic order making provision as respects any road outside Greater London as they apply in relation to an order under that section; and
ii
the provisions of sections 6 and 7 of this Act (except sections 6(2), 7(4), 7(5) and 7(6)) shall apply in relation to an experimental traffic order making provision as respects traffic on roads in Greater London as they apply in relation to an order under that section.
F1X12
Subject to section 125 of this Act, the authority having power to make an experimental traffic order—
a
as respects any roads outside Greater London, shall be the authority who would have power to make a traffic regulation order in relation to them under subsection (2) of section 1 of this Act or (where the experimental traffic order is made with the consent of the Secretary of State in relation to a length of trunk road) would have that power under subsections (2) and (3) of that section; and
b
as respects any roads in Greater London, shall be the authority who would have power to make an order in relation to them under subsection (2) of section 6 of this Act.
F12
The authority having power to make an experimental traffic order shall be the roads authority or (where the experimental traffic order is made with the consent of the Secretary of State in relation to a length of road for which he is the roads authority) the local roads authority which would, with his consent, have power to make a traffic regulation order under section 1(2) and (3) of this Act in relation to the length of road.
3
An experimental traffic order shall not continue in force for longer than 18 months.
4
Subject to Parts I to III of Schedule 9 of this Act, where—
a
an experimental traffic order has been made for a period of less than 18 months, and
b
the order has not ceased to be in force,
the authority by whom the order was made may from time to time by order direct that it shall continue in force for a further period ending not later than 18 months after it first came into force.
5
Where an experimental traffic order made by F2a London borough council or the Common Council of the City of London has not ceased to be in force, and the Secretary of State is satisfied that—
a
an order which F2the council propose to make under any of the provisions of this Act specified in subsection (1)(b) above has the sole effect of reproducing and continuing in force indefinitely the provisions of the experimental traffic order (whether or not that order has been varied, or has been modified or suspended under section 10(2) of this Act), and
b
in consequence of F2the council causing a public inquiry to be held into the order so proposed to be made, they would be unable to make it so that it would come into operation before the experimental traffic order ceases to be in force,
the Secretary of State may, at the request of F2the council, from time to time direct that the experimental traffic order shall continue in force for a further period not exceeding 6 months from the date when it would otherwise cease to be in force.
6
In this section and section 10 of this Act “road ”, in relation to Greater London, includes any street as defined by section 6(6) of this Act.
Pt. 1 applied (with modifications) (S.) (19.4.2007) by Edinburgh Airport Rail Link Act 2007 (asp. 16), s. 38 (with ss. 52, 60)