49.—(1) Save as provided in this direction, the light signals prescribed in regulations 30, 31, 32, 34, 35, 37 and 38, the matrix signs prescribed in regulation 36, the warning lights prescribed in regulations 39(2) and 40, the audible and tactile signals prescribed in regulation 37, a sign shown in diagram 618.3A, 776 or 2509, any light signals or signs shown in a diagram in Schedule 11, variable message signs and any other signs not continuously in use over a period of 24 hours and which are capable of being brought into and taken out of use by the operation of any electrical or other apparatus may be placed on or near a road only if at the time that they are first placed—
(a)the signal, sign or any apparatus (including the content of all instructions stored in, or executable by it) used in connection with the signal or sign is approved in writing in accordance with the relevant requirements laid down by the Secretary of State; and
(b)in the case of signals prescribed in regulation 30(7) or regulation 38 the signals are to be erected at or near a level crossing, and the site for, and the number and disposition of, those signals has first been approved in writing by or on behalf of the Secretary of State.
(2) Paragraph (1)(b) shall not apply to signals displayed to indicate the effect of Orders made by the Secretary of State under—
(a)section 66 of the British Transport Commission Act 1957(1);
(b)section 124 of the Transport Act 1968(2); or
(c)section 1 of the Level Crossings Act 1983(3).
(3) If, after a signal or sign has been placed in accordance with an approval under paragraph (1), the signal, sign or any apparatus used in connection with the signal or sign is altered, the signal or sign shall not be further used unless that alteration is approved in writing by or on behalf of the Secretary of State.
(4) Paragraphs (1) and (3) shall not apply to variable message signs which are only manually operated without any assistance by electrical or mechanical means.
(5) When any signal or sign has been placed in accordance with an approval under paragraph (1), the signal, the sign or any apparatus used in connection with the signal or sign, including any alterations approved in accordance with paragraph (3), shall be regarded as continuing to be approved until notice is given in writing by the Secretary of State—
(a)to the traffic authority; and
(b)either—
(i)to the supplier of the equipment; or
(ii)where an alteration has been approved in accordance with paragraph (3), to the person who carried out the alteration,
of a date after which the signal, sign or apparatus is no longer to be so regarded.
(6) Where notice is given under paragraph (5) that a signal, sign or any apparatus used in connection with the signal or sign shall no longer be regarded as being approved that signal, sign or apparatus shall be removed from the road on or before the date given in the notice.