The Local Authorities' Traffic Orders (Procedure) (Scotland) Regulations 1999

Explanatory Note

(This note is not part of the Regulations)

These Regulations prescribe the procedure to be followed by local traffic authorities in Scotland for making the main types of traffic and parking orders under the Road Traffic Regulation Act 1984. The Regulations replace with significant modifications the Local Roads Authorities' Traffic Orders (Procedure) (Scotland) Regulations 1987. The main changes are referred to below.

Regulation 4 (consultation) now sets out in tabular form those organisations which the local traffic authority are required to consult with and in what circumstances. These organisations include the operators on local bus services, the chief officer of the appropriate NHS trust, the Freight Transport Association, the Road Haulage Association and any other organisation likely to be affected by any provision of the order as the local traffic authority thinks appropriate.

Regulation 5 (publication of proposals) lays down the requirement for publishing proposals. Publicity in the Edinburgh Gazette in addition to an advert in a local newspaper is now at the discretion of the local traffic authority.

The circumstances in which an authority must hold a public hearing for orders which restrict loading have been modified (regulation 8) and a public hearing no longer needs to be advertised in the Edinburgh Gazette, neither is there a requirement to display notice of the hearing in affected roads (regulation 9).

Regulation 16 (date of order) places a time limit on the making of an order of 2 years from the date on which the notice of proposals was first published. Regulation 17 (notice of making the order) drops the requirement to advertise the notice of making of the order in the Edinburgh Gazette unless the local traffic authority consider it necessary to do so.

Regulation 18 (making an order in part) allows a local traffic authority to make an order in part and makes provision as to how the remainder of the order may be dealt with. Regulations 19 and 20 make provision for certain orders which are subject to a shortened procedure. Schedule 6 details certain of the orders which are subject to this shortened procedure.

Schedules 1 to 3 contain particulars of the details to be included in the press notices of an order, of the requirements as to the display of an order in the road itself and of the requirements about making documents relating to an order available for public inspection. Schedule 4 lists the documents which must accompany an application for the Secretary of State’s consent. Schedule 5 details the requirements for the relevant map.