The Local Authorities’ Traffic Orders (Procedure) (England and Wales) Regulations 1996

PART III E+W MAKING AN ORDER

Preliminary E+W

15.  This Part of these Regulations has effect subject to the provisions of [F1 Parts IV and VI]] [F2 Parts IV and VII].

Textual Amendments

F1 Words in reg. 15 substituted (E.) (23.5.2020) by The Traffic Orders Procedure (Coronavirus) (Amendment) (England) Regulations 2020 (S.I. 2020/536), regs. 1(1), 3(3)

F2 Words in reg. 15 substituted (W.) (31.7.2020) by The Traffic Orders Procedure (Amendment) (Wales) (Coronavirus) Regulations 2020 (S.I. 2020/802), regs. 1(1), 3(3)

Making an order and bringing it into force E+W

16.—(1) An order shall not be made—

(a) until after the last date by which any person may object in accordance with regulation 8;

(b) in a case where an objection has been made pursuant to regulation 8(2) or 24(2), until after the order making authority has notified the Secretary of State of its proposed exercise of power and of the objection under paragraph 7(2) of Schedule 5 to the 1985 Act and the Secretary of State has made a determination under paragraph 7(3) of that Schedule.

(2) No order shall be made after the expiration of the period of two years beginning with the date on which a notice of proposals relating to the order is first published.

(3) No provision of an order shall come into force before the date on which the order making authority intend to publish a notice of making as respects the order.

Action after making E+W

17.—(1) As soon as practicable after an order has been made, the order making authority shall include among the deposited documents a copy of the order as actually made.

(2) The order making authority shall, within 14 days of the making of the order,—

(a) publish in a newspaper circulating in the area in which any road or place to which the order relates is situated, a notice (in these Regulations called a “notice of making")—

(i) stating that the order has been made; and

(ii) containing the particulars specified in Parts I and III of Schedule 1; and

(b) in the case of an order under section 6 or an order made by a London authority under section 9 of the 1984 Act, publish a similar notice in the London Gazette.

(3) Within 14 days of making an order, the order making authority shall notify the making of the order in writing to any person who has objected to the order under regulation 8 and has not withdrawn the objection and, where the objection has not been wholly acceded to, shall include in that notification the reasons for the decision.

(4) The order making authority shall take such other steps of the kinds referred to in regulation 7(1)(c) as it considers appropriate for the purpose of ensuring that adequate publicity is given to the making of the order.

Traffic signs E+W

18.—(1) Where an order relating to any road has been made, the order making authority shall take such steps as are necessary to secure—

(a) before the order comes into force, the placing on or near the road of such traffic signs in such positions as the order making authority may consider requisite for securing that adequate information as to the effect of the order is made available to persons using the road;

(b) the maintenance of such signs for so long as the order remains in force; and

(c) in a case where the order revokes, amends or alters the application of a previous order, the removal or replacement of existing traffic signs as the authority considers requisite to avoid confusion to road users by signs being left in the wrong positions.

(2) The order making authority shall consult the appropriate Crown authority before carrying out the requirements of sub-paragraphs (a) and (c) of paragraph (1) in relation to a Crown road.

(3) This regulation is without prejudice to section 85 of the 1984 Act M1 (traffic signs for indicating speed limits).

[F3 (4) Nothing in this regulation requires the placing of any traffic sign on or near a road, or the maintenance of such signs, in a special enforcement area in England for the purpose of providing information to road users as to the effect of section 85 or 86 of the Traffic Management Act 2004 in that area.

[F4 (4A) Nothing in this regulation requires the placing of any traffic sign on or near a road, or the maintenance of such signs, in a special enforcement area in Wales, for the purpose of providing information to road users as to the effect of section 85 or 86 of the Traffic Management Act 2004 in that area.]

(5) [F5 In paragraph (4)] [F5 In paragraphs (4) and (4A)] a “special enforcement area” means an area designated as a special enforcement area by means of—

(a) an order made under paragraph 1(1) or 3(1) of Schedule 10 to the Traffic Management Act 2004; or

(b) an order which, by virtue of paragraph 1(5) or 3(5) of that Schedule, has effect as if it were an order so made.]

Textual Amendments

F3 Reg. 18(4)(5) inserted (E.) (1.6.2009) by The Local Authorities’ Traffic Orders (Procedure) (England and Wales) (Amendment) (England) Regulations 2009 (S.I. 2009/1116), regs. 1(1), 2

F4 Reg. 18(4A) inserted (W.) (1.12.2010) by The Local Authorities' Traffic Orders (Procedure) (England and Wales) (Amendment) (Wales) Regulations 2010 (S.I. 2010/2657), regs. 1(1), 2(1)

F5 Words in reg. 18(5) substituted (W.) (1.12.2010) by The Local Authorities' Traffic Orders (Procedure) (England and Wales) (Amendment) (Wales) Regulations 2010 (S.I. 2010/2657), regs. 1(1), 2(2)

Marginal Citations

M1 Part I of S.I. 1994/1519.