New Roads and Street Works Act 1991

43 Provisions as to traffic regulation. S

(1) The following provisions have effect with respect to the operation of the M1 Road Traffic Regulation Act 1984 (“the 1984 Act”) in relation to a road in respect of which an assignation has been granted under section 28(1).

(2) The traffic authority shall consult the concessionaire before making any regulations or order under the 1984 Act specifically relating to the road.

(3) The concessionaire may cause or permit traffic signs (within the meaning of section 64(1) of the 1984 Act) to be placed on or near the road, but subject to any directions given by the traffic authority.

If the concessionaire fails to comply with a direction of the traffic authority as to the placing of traffic signs, the authority may themselves carry out the work required and recover from the concessionaire the expenses reasonably incurred by them in doing so.

(4) The concessionaire may issue a notice under section 14 of the 1984 Act (temporary restriction or prohibition of traffic) having the same effect as a notice issued under that section by the traffic authority.

The Secretary of State may by regulations make provision excluding in relation to such a notice issued by a concessionaire the provisions of the 1984 Act relating to—

(a) the procedure in connection with the issue of the notice,

(b) the maximum duration of the notice, and

(c) the making of provision in relation to alternative roads,

and making instead such other provision as appears to him to be appropriate.

(5) A notice issued by the concessionaire by virtue of subsection (4) may be revoked or varied by the traffic authority and shall cease to have effect if provision inconsistent with it is made by that authority by order or notice under section 14 of the 1984 Act.

(6) Regulations under this section shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Marginal Citations

M1 1984 c. 27.