SCHEDULES

SCHEDULE 4 Minor and consequential amendments

The Road Traffic Regulation Act 1984 (c.27)

24

In section 9 of the Road Traffic Regulation Act 1984 (experimental traffic orders) in subsection (1)(b), as substituted by the M1New Roads and Street Works Act 1991, for the words “83(2) or 84” there shall be substituted the words “ or 83(2) or by virtue of section 84(1)(a) ”.

25

In section 17(2) of that Act (traffic regulation on special roads) at the end there shall be added—

“(d)

include provisions having effect in such places, at such times, in such manner or in such circumstances as may for the time being be indicated by traffic signs in accordance with the regulations.”

26

In section 44 of that Act (control of off-street parking outside Greater London) in subsection (5) for the words “under section 84” there shall be substituted the words “ made by virtue of section 84(1)(a) ”.

27

In section 49 of that Act (supplementary provisions as to designation orders and designated parking places), after subsection (4) there shall be inserted the following subsection—

“(4A)

A constable, or a person acting under the instructions (whether general or specific) of the chief officer of police, may suspend the use of a parking place designated under section 45 of this Act for not more than 7 days in order to prevent or mitigate congestion or obstruction of traffic, or danger to or from traffic, in consequence of extraordinary circumstances.”

28

In section 51 of that Act (parking devices), in subsection (5) the words “being not less than 2 years” shall be omitted.

29

In section 65 of that Act (powers and duties of highway authorities as to placing of traffic signs) after subsection (1) there shall be inserted—

“(1A)

The power to give general directions under subsection (1) above includes power to require equipment used in connection with traffic signs to be of a type approved in accordance with the directions.”

30

In section 85 of that Act (traffic signs for indicating speed restrictions) in subsections (1) and (2)(a) the words “the prescribed” shall be omitted.

31

(1)

Section 96 of that Act (additional powers of traffic wardens) shall be amended as follows.

(2)

In subsection (2) at the end of paragraph (b) there shall be inserted—

“(bb)

in this Act—

(i)

section 100(3) (which relates to the interim disposal of vehicles removed under section 99); and

(ii)

sections 104 and 105 (which relate to the immobilisation of illegally parked vehicles);”.

(3)

At the end of that section there shall be added—

“(4)

Where an order has been made pursuant to subsection (2)(bb)(i) above, in section 100(3) of this Act the words “chief officer of the police force to which the constable belongs” shall be deemed to include a reference to a chief officer of police under whose direction a traffic warden acts.

(5)

Any order made under section 95(5) of this Act may make different provision for different cases or classes of case, or in respect of different areas.”

32

At the end of section 99 of that Act (removal of vehicles illegally parked) there shall be inserted—

“(6)

For the purposes of this section, the suspension under section 13A or 49 of this Act of the use of a parking place is a restriction imposed under this Act.”

33

In section 103 of that Act (supplementary provision as to removal of vehicles), for subsection (3) there shall be substituted—

“(3)

Regulations made under sections 99 to 102 of this Act may make different provision for different cases or classes of case or in respect of different areas.”

34

(1)

Section 104 of that Act (immobilisation of vehicles illegally parked) shall be amended as follows.

(2)

In subsection (3) for the word “constable” there shall be substituted the words “ person authorised to give such a direction by the chief officer of police within whose area the vehicle in question was found ”.

(3)

In subsection (12) there shall be added at the end “ or classes of case or in respect of different areas ”.

35

At the end of section 104 of that Act (immobilisation of vehicles illegally parked) there shall be inserted—

“(12A)

For the purposes of this section, the suspension under section 13A or 49 of this Act of the use of a parking place is a restriction imposed under this Act.”

36

(1)

Section 105 of that Act (exemptions from section 104) shall be amended as follows.

(2)

In subsection (6)(a), for the words from “either” to “use) of” there shall be substituted the words “ in accordance with regulations under ”.

(3)

In subsection (6)(b), for “117(2)(b)” there shall be substituted “ 117(1)(b) ”.

37

In paragraph 13 of Schedule 9 to that Act (consent of Secretary of State before local authority make certain orders), after sub-paragraph (1)(d)(ii) there shall be inserted—

“(iii)

a provision imposing a prohibition by virtue of paragraph (b) or (c) of that subsection, or”.