The Local Authorities' Traffic Orders (Procedure) (England and Wales) Regulations 1989

Public inquiries

8.—(1) Before making an order the order making authority may hold a public inquiry in connection with that order.

(2) Where–

(a) an order contains a provision to which this paragraph applies,

(b) an objection has been made to that provision by any person in accordance with regulation 7 or 29, and

(c) the objection has not been withdrawn,

the order making authority shall, unless they are satisfied that the objection is frivolous, hold a public inquiry.

(3) Where–

(a) an order contains a provision to which this paragraph applies,

(b) an objection has been made by a person who provides a relevant service on any road to which the order relates, and

(c) the objection has not been withdrawn,

the order making authority shall hold a public inquiry.

(4) The order making authority shall appoint as the person to hold the public inquiry a person selected by them from a panel of persons chosen by the Secretary of State for the purpose of holding public inquiries under these Regulations.

(5) Paragraph (2) applies to any provision contained in an order–

(a) under section 1, 6, 32 or 37; or

(b) under section 45 by virtue of section 53(1)(a),

of the 1984 Act which prohibits, or has the effect of prohibiting, the loading or unloading of vehicles in any road either at all times or for any period of time unless such period falls wholly between 07.00 hours and 10.00 hours or between 16.00 hours and 19.00 hours in any day.

(6) Paragraph (3) applies to–

(a) any provision contained in an order–

(i) under section 1, 6 or 37, or

(ii) under section 45 by virtue of section 53(1)(a),

of the 1984 Act requiring vehicular traffic generally, or vehicular traffic of any class, to proceed on a road in a specified direction, or for prohibiting such traffic from so proceeding; and

(b) any provision contained in an order under section 19 of the 1984 Act prohibiting the use of any highway either at all times or for a limited period or periods in the year by public service vehicles or such vehicles of a specified class.

(7) For the purpose of paragraph (3)(b) of this regulation “a relevant service” means–

(a) a service which is a local service; or

(b) any other service for the carriage of passengers for hire or reward at separate fares.