C1Part I Local Government Reorganisation
Chapter 6 Functions
Traffic
44 Restriction on order-making powers of existing authorities.
1
Where a regional council propose to make an order such as is mentioned in subsection (2) below and the order—
a
will come into effect after such date as the Secretary of State may by order made by statutory instrument prescribe; and
b
will continue in effect after 31st March 1996,
they shall, before making the order, seek the consent of the successor authority.
2
The orders referred to in subsection (1) above are any orders made under the following provisions of the M1Road Traffic Regulation Act 1984—
a
section 1 (traffic regulation orders);
b
section 9 (experimental traffic orders);
c
section 14 (temporary traffic orders);
d
section 32 (provision of parking places by authorities);
e
section 35 (orders relating to use of parking places);
f
section 37 (orders as to general scheme of traffic control);
g
section 45 (orders designating paying parking places);
h
section 46 (further orders regulating paying parking places); and
i
section 84 (speed limits on certain roads).
3
Where a successor authority refuse their consent to a proposed order to which this section applies the regional council shall not make the order without having obtained the consent of the Secretary of State.
4
Where—
a
a regional council have sought the consent of a successor authority to the making of a proposed order to which this section applies; and
b
the successor authority have failed, within 6 weeks of such consent being sought, to consent,
the successor authority shall be deemed to have given such consent.
5
In this section “successor authority” means any council constituted under section 2 of this Act (other than the councils for Orkney Islands, Shetland Islands and Western Isles) in whose area the proposed order will have effect.
Pt. I (ss. 1-61) applied (1.4.1996) by 1990 c. 35, s. 21(5) (as inserted (1.4.1996) by 1996 c. 39, s. 180(1), Sch. 13 para. 164(2)(b); S.I. 1996/323, art. 4(1)(b)(c))