The Local Government (Road Traffic and Highways) (Transitional Provisions) Order 1974

Procedures begun but not completed before 1st April 1974

4.—(1) Where before 1st April 1974 procedural steps have been taken by an existing local authority under any enactment in connection with the making, confirmation or approval of an order or scheme relating to a highway or parking place for vehicles outside Greater London, but all the procedural steps required in connection with that order or scheme have not been completed before that date, then, subject to paragraphs (3) and (4) below, the remaining steps required to be taken by the local authority in connection with that order or scheme may be taken on or after that date by the new local authority then having power under the enactment in question to make or submit the order or scheme, and any notice given or published, any order or scheme made, submitted or prepared in draft, and any other document made or issued by the existing local authority in the course of the procedural steps taken before that date by that authority shall have effect on and after that date as if for the references therein to the existing local authority there were substituted references to the new local authority.

(2) In the application of this Article in relation to a highway in an area for which, immediately before 1st April 1974, the local planning authority are a joint planning board constituted by an order made, or having effect as if made, under section 1 of the Town and Country Planning Act 1971 the expression “existing local authority” shall include that board and the expression “new local authority” shall include the planning board for that area as reconstituted under paragraph 1 or, as the case may be, paragraph 3 of Schedule 17 to the Act of 1972.

(3) In the case of an order with respect to—

(a) an off-street parking place in England or Wales, which by virtue of the Local Authorities (England) (Property, etc.) Order 1973 or the Local Authorities (Wales) (Property, etc.) Order 1973, as the case may be, is vested in the district council and not the county council on 1st April 1974, or

(b) a street parking place in Wales,

the district council and not the county council shall be regarded for the purpose of paragraph (1) above as the new local authority having power on and after 1st April 1974 to make the order in question.

(4) In the case of a public path creation order, a public path extinguishment order or a public path diversion order the authority to be regarded for the purposes of paragraph (1) above as the new local authority having power on and after 1st April 1974 to make the order in question shall be—

(a) the district council, where the existing local authority who were taking the procedural steps in connection with the order before 1st April 1974 were a county borough or county district council,

(b) the county council, where the existing local authority who were taking the said procedural steps before 1st April 1974 were a county council, and

(c) the planning board reconstituted as mentioned in paragraph (2) above, where the existing local authority who were taking the said procedural steps before 1st April 1974 were a joint planning board as mentioned in that paragraph.

(5) In a case where the circumstances mentioned in Article 5 of this Order occur in relation to an order or scheme such as is referred to in this Article the provisions of this Article shall have effect subject to the provisions of that Article.