SCHEDULES

SCHEDULE 8Minor and consequential amendments

Part IIAmendments of the Road Traffic Regulation Act 1984

Experimental traffic schemes

23

(1)

Section 9 of the Road Traffic Regulation Act 1984 (experimental traffic orders) is amended as follows.

(2)

For subsection (1) substitute—

“(1)

The traffic authority for a road may, for the purposes of carrying out an experimental scheme of traffic control, make an order under this section (referred to in this Act as an “experimental traffic order”) making any such provision—

(a)

as respects a road outside Greater London, as may be made by a traffic regulation order;

(b)

as respects a road in Greater London, as may be made by an order under section 6, 45, 46, 49, 83(2) or 84 of this Act.”.

(3)

For subsection (2) substitute—

“(2)

An experimental traffic order made by a local traffic authority outside Greater London may, with the consent of the Secretary of State, extend to a road in relation to which he is the traffic authority if the order forms part of a scheme of general traffic control relating to roads of which at least one has a junction with the length of road in question.

(2A)

In the case of a road in Greater London for which the Secretary of State is the traffic authority, the power to make an order under this section is also exercisable, with his consent, by the local traffic authority.”.

(4)

After subsection (5) insert—

“(5A)

So much of section 4(1) or 7(1) of this Act as provides for a presumption that a traffic sign is lawfully placed shall apply for the purposes of an order under this section making any such provision as is referred to in that subsection.”.

24

(1)

Section 10 of the Road Traffic Regulation Act 1984 (supplementary provisions as to experimental traffic orders) is amended as follows.

(2)

For subsection (2) substitute—

“(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.”.

(3)

For subsection (3) substitute—

“(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.”.

25

In section 12 of the M1Road Traffic Regulation Act 1984 (experimental traffic schemes in Greater London), for subsection (2) substitute—

“(1A)

The local authority shall not give their consent to any such scheme affecting a road for which the Secretary of State is the traffic authority except with his agreement.

(2)

The Secretary of State may in the case of any scheme, after consultation with the local authority, direct them to consent to the scheme within a specified period or to withhold their consent.”.