New Roads and Street Works Act 1991

34 Variation or revocation of toll order

(1) A toll order may be varied or revoked—

(a) by an order made by the Secretary of State if he made the toll order; and

(b) by an order made by the local roads authority and confirmed by the Secretary of State in any other case.

(2) Without prejudice to section 30 above (extension toll orders), a toll order may not be varied so as to extend the toll period.

(3) A toll order which does not authorise the charging of tolls in respect of the whole length of the special road to which it relates may not be varied so as to extend the length of road in respect of which tolls may be charged.

(4) The Secretary of State may confirm an order made by a local roads authority either without modifications or subject to such modifications as he thinks fit.

(5) Where an assignation has been granted under section 28(1), the toll order may not be varied or revoked without the consent of the concessionaire.

(6) An order under this section may contain such supplementary, incidental and transitional provisions as appear to the roads authority making the order to be necessary or expedient.

(7) The power conferred on the Secretary of State by this section to vary, revoke or confirm an order is exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament; and the provisions of Schedules 1 and 2 to the [1984 c. 54.] Roads (Scotland) Act 1984 (procedure in connection with orders) shall not apply to an order under this section.