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SCHEDULES

Section 124.

SCHEDULE 9E+W+S Special Provisions as to certain Orders

Annotations:

Modifications etc. (not altering text)

Part IE+W+S Reserve Powers of [F1national authority]

[F2 1 Subject to paragraphs 8 and 26 of this Schedule, the [F3national authority] , after consultation with [F4a strategic highways company or] a local authority having power to make an order under or by virtue of any of the following provisions of this Act, namely, sections 1, 6, 9, [F514 (in so far as the power under that section is exercisable by virtue of section 22C),] 19,32, 35, 37, 38, 45, 46, 49(2) and (4), 53, 83(2) and 84 (in this Part of this Schedule referred to as an ''authorised authority’’) may give to that [F6authorised] authority a direction under paragraph 2 below with respect to any of those provisions.]E+W+S

Annotations:

Amendments (Textual)

F3Words in Sch. 9 para. 1 substituted (23.5.2016) by Scotland Act 2016 (c. 11), s. 72(7), Sch. 2 para. 14(3)(a)

F4Words in Sch. 9 para. 1 inserted (5.3.2015) by Infrastructure Act 2015 (c. 7), s. 57(1), Sch. 1 para. 100(2); S.I. 2015/481, reg. 2(a)

F6Word in Sch. 9 para. 1 inserted (23.5.2016) by Scotland Act 2016 (c. 11), s. 72(7), Sch. 2 para. 14(3)(b)

Modifications etc. (not altering text)

C4Sch. 9 para. 1: Transfer of certain functions (1.7.1999) by S.I. 1999/1750, arts. 1, 2, Sch. 1 (with art. 7); S.I. 1998/3178, art. 3

2A direction under this paragraph is a direction either—E+W+S

(a)requiring the F7. . . authorised authority F7. . . to make an order under or by virtue of the provision or provisions in question for a specified purpose and coming into operation before the expiry of a specified period, or

(b)prohibiting the [F8authorised] F7 . . . authority (either generally, or without the consent of the [F9national authority] , or for a specified period) from making or bringing into operation an order under or by virtue of the provision or provisions in question with respect to specified matters or a specified area.

3(1)Any power to make an order conferred on F10. . . an authorised authority by any of the provisions specified in F10. . . paragraph 1 above shall, subject to sub-paragraph (2) below, be exercisable by the [F11national authority ] as well as by the [F12authorised] F10. . . authority.E+W+S

(2)No order shall be made by virtue of sub-paragraph (1) above except for the purpose of securing the object of a direction under paragraph 2 above given to F10. . . an authorised authority with which the F10. . . authority have failed to comply.

Annotations:

Amendments (Textual)

Modifications etc. (not altering text)

C5Sch. 9 para. 3(1): Transfer of certain functions (1.7.1999) by S.I. 1999/1750, arts. 1, 2, Sch. 1 (with art. 7); S.I. 1998/3178, art. 3

4Where the [F13 national authority] has made an order by virtue of paragraph 3 above—E+W+S

(a)so far as appears to [F14the national authority] necessary in order to make the order effective, [F15the national authority] , or (except where the power is a power of [F16the council of a London borough or the Common Council of the City of London under section 6, 9, 45, 46, 49(2) or (4), 83(2) or 84 of this Act]) any other local authority with whom [F15the national authority] may make arrangements for the purpose, shall have power to do anything which F17. . . the authorised authority would have had power to do if the order had been made by them, and

(b)[F15the national authority] may recover from the F18. . . authorised authority any expenses incurred by [F14the national authority] by virtue of sub-paragraph (a) above (such expenses, in England or Wales, to be so recoverable by [F14the national authority] summarily as a civil debt).

Annotations:

Amendments (Textual)

F13Words in Sch. 9 para. 4 substituted (23.5.2016) by Scotland Act 2016 (c. 11), s. 72(7), Sch. 2 para. 14(6)(a)

F14Words in Sch. 9 para. 4 substituted (23.5.2016) by Scotland Act 2016 (c. 11), s. 72(7), Sch. 2 para. 14(6)(b)

F15Words in Sch. 9 para. 4 substituted (23.5.2016) by Scotland Act 2016 (c. 11), s. 72(7), Sch. 2 para. 14(6)(c)

Modifications etc. (not altering text)

C6Sch. 9 para. 4: Transfer of certain functions (1.7.1999) by S.I. 1999/1750, arts. 1, 2, Sch. 1 (with art. 7); S.I. 1998/3178, art. 3

5(1)Paragraphs 1 to 4 above shall have effect in any case in which it appears to the Secretary of State that [F19the council of a London borough or the Common Council of the City of London] have failed in the exercise of the powers conferred on them by section 6 of this Act to make such provision for the control of heavy commercial vehicles in [F19their area] as is appropriate for preserving or improving the amenities of [F19their area], as if—E+W+S

(a)the power conferred by paragraph 1 above to give a direction with respect to section 6 of this Act were a duty to give such a direction; and

(b)the power to make an order under that section conferred by paragraph 3 above were a duty to make such an order or a similar order under section 9 of this Act.

(2)Any reference in this Act to paragraph 1 or 3 above shall be construed as including a reference to that paragraph as modified by this paragraph.

Annotations:

Amendments (Textual)

6(1)Where by virtue of paragraph 3 above a parking place has been designated under section 45 F20. . . of this Act by an order of the [F21national authority] , then if, with the consent of the Treasury, the [F21national authority] enters into an agreement with the local authority F20. . . for the transfer to that authority F20. . . of the operation of that parking place—E+W+S

(a)the operation of the parking place, and such apparatus or other things held by, and rights or liabilities of, the [F21national authority] in connection with the parking place as may be specified in the agreement, shall be transferred as from such date and on such terms (including terms as to the making of payments to or by the [F21national authority] ) as may be so specified;

(b)from the taking effect of any such transfer of the operation of the parking place, the order designating the parking place shall have effect subject to such modifications (if any) appearing to the [F21national authority] to be requisite in consequence of the transfer as [F22the national authority] may direct; and

(c)the provisions of sections 45 to [F2349] and section 55 of this Act shall thereafter apply as if the parking place had been designated under section 45 by an order made by F24. . . the local authority F24. . .

(2)In this paragraph “local authority” has the meaning assigned to it by section 45(7) of this Act.

7(1)Subject to paragraph 8 below, the [F25national authority] , after giving notice to F26. . . the authorised authority concerned and holding, if [F27national authority] thinks fit, a public inquiry, may by order vary or revoke any order made, or having effect as if made, under or by virtue of any of the provisions referred to in F26. . . paragraph 1 above.E+W+S

(2)This paragraph shall have effect without prejudice to any power to make an order for the like purpose by virtue of paragraph 3 above and Part IV of this Schedule.

F28(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annotations:

Amendments (Textual)

F25Words in Sch. 9 para. 7(1) substituted (23.5.2016) by Scotland Act 2016 (c. 11), s. 72(7), Sch. 2 para. 14(8)(a)

F27Words in Sch. 9 para. 7(1) substituted (23.5.2016) by Scotland Act 2016 (c. 11), s. 72(7), Sch. 2 para. 14(8)(b)

F28Sch. 9 para. 7(3) omitted (5.3.2015) by virtue of Infrastructure Act 2015 (c. 7), s. 57(1), Sch. 1 para. 100(3); S.I. 2015/481, reg. 2(a)

Modifications etc. (not altering text)

C7Sch. 9 para. 7: Transfer of certain functions (1.7.1999) by S.I. 1999/1750, arts. 1, 2, Sch. 1 (with art. 7); S.I. 1998/3178, art. 3

8The [F29national authority] shall not give any direction under paragraph 2 above or, subject to paragraph 9 below, make any order under paragraph 7 above unless [F30the national authority] is satisfied, having regard to any matters appearing to [F31the national authority] to be relevant, that the duty under section 122(1) of this Act of F32. . . the authorised authority concerned is not being satisfactorily discharged by the [F33authorised ] F32. . . authority, and that the giving of the direction or the making of the order is necessary to secure compliance with that duty.E+W+S

Annotations:

Amendments (Textual)

Modifications etc. (not altering text)

C8Sch. 9 para. 8: Transfer of certain functions (1.7.1999) by S.I. 1999/1750, arts. 1, 2, Sch. 1 (with art. 7); S.I. 1998/3178, art. 3

9The [F34national authority] may make an order under paragraph 7 above notwithstanding that [F35the national authority] is not satisfied as mentioned in paragraph 8 above, if [F35the national authority] is satisfied, having regard to any matters appearing to [F36the national authority] to be relevant, that there are special circumstances which make it expedient that the order should be made.E+W+S

Annotations:

Amendments (Textual)

Modifications etc. (not altering text)

C9Sch. 9 para. 9: Transfer of certain functions (1.7.1999) by S.I. 1999/1750, arts. 1, 2, Sch. 1 (with art. 7); S.I. 1998/3178, art. 3

10Where the Secretary of State—E+W+S

(a)gives a direction under paragraph 2 above requiring a county council or district council to make an order under section 32(1) or 35(1) of this Act, or

(b)makes such an order by virtue of paragraph 3 above,

subsections (1) to (5) of section 39 of this Act shall not apply in relation to anything done in pursuance of the direction or, as the case may be, in relation to the making of the order by the Secretary of State.

F3711. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W+S

Annotations:

Amendments (Textual)

12Where the Secretary of State—E+W+S

(a)gives a direction under paragraph 2 above requiring a county council [F38or metropolitan district council] or parish or community council to make an order under section 35(1) of this Act in relation to a parking place provided by a parish or community council, or

(b)by virtue of paragraph 3 above, makes such an order in relation to such a parking place,

neither subsections (4) and (5) nor subsection (7) of section 59 of this Act shall apply in relation to anything done in pursuance of the direction or, as the case may be, in relation to the making of the order by the Secretary of State.

Annotations:

Amendments (Textual)

[F3912ZAA power conferred upon the Scottish Ministers by this Schedule, so far as it relates to the exercise of a power under this Act by virtue of section 22C, is exercisable only with the consent of the Secretary of State.]E+W+S

Annotations:

Amendments (Textual)

F39Sch. 9 para. 12ZA substituted for Sch. 9 para. 12A (23.5.2016) by Scotland Act 2016 (c. 11), s. 72(7), Sch. 2 para. 14(11)

[F4012BA power conferred upon the Secretary of State by this Schedule shall, in so far as it relates to the exercise of a power under this Act by virtue of section 22C, be exercisable in relation to Wales by the National Assembly for Wales with the consent of the Secretary of State.]E+W+S

Annotations:

Amendments (Textual)

Part IIE+W+S Consent of [F41 national authority] to Certain Orders

Annotations:

Amendments (Textual)

13(1)Where in the case of any order proposed to be made by a local authority other than [F42the council of a London borough and the Common Council of the City of London] under or by virtue of any of the following provisions of this Act, namely, sections 1, 9, 19, 29, 32, 35, 37, 38, 45, 46, 49, 83(2) and 84, it is proposed to include in the order any provision—E+W+S

(a)so prohibiting or restricting the use of a road as to prevent, for more than 8 hours in any period of 24 hours, access for vehicles of any class to any premises situated on or adjacent to that road or any other premises accessible for vehicles of that class from, and only from, that road, or

(b)applying to a [F43a road for which the [F44national authority] is the traffic authority], or

[F45(ba)applying to a road for which a strategic highways company is the traffic authority, or]

F46(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)being, in the case of an order for the purposes of section 84(1) of this Act—

F46(i). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(ii)a provision applying to any road a speed limit of less than 30 miles per hour, or

F47 [( iii )a provision imposing a prohibition by virtue of paragraph (b) or (c) of that subsection, or]

(e)varying or revoking, within 12 months of its making, any order made by, or made in pursuance of a direction given by, the [F44national authority] , or

(f)making provision as respects any length of road for any purpose within 12 months after the date when a previous order made as respects that length of road for a similar purpose was varied or revoked by an order made by, or made in pursuance of a direction given by, the [F44national authority] ,

then (except in a case to which sub-paragraph (2) [F48, (3) or (4)] below applies, or where the provision is to be included in pursuance of a direction under paragraph 2 of this Schedule) the order shall not be made without the consent of the [F44national authority] .

(2)This sub-paragraph applies where—

(a)it is proposed to include in the order any such provision as is mentioned in sub-paragraph (1)(a) above, and

(b)either—

(i)no owner, lessee or occupier of premises such as are mentioned in sub-paragraph (1)(a) above has submitted to the authority any objection to the inclusion of that provision in the order, or

(ii)any such owner, lessee or occupier who has submitted such an objection has withdrawn it.

(3)This sub-paragraph applies in the case of any order proposed to be made under section 9 of this Act where—

(a)it is proposed to include in the order any such provision as is mentioned in sub-paragraph (1)(a) above, and

(b)the effect of the prohibition by the order of the use of the road to which it relates or of any restriction on the use of that road contained in the order would be to prevent vehicles, or vehicles of any class, being loaded or unloaded in that road or to prevent persons boarding or alighting from a [F49vehicle being used in the provision of a local service within the meaning of the Transport Act 1985] on that road, and

(c)either—

(i)no person has submitted to the authority any objection to the making of the order on the ground that it would prevent vehicles, or vehicles of that class, being loaded or unloaded in the road, and no person being the operator of a [F50local service (within the meaning of the Transport Act 1985)] has submitted to the authority any objection to the making of the order on the ground that it would prevent persons boarding or alighting from a [F50vehicle] being used in that service in the road, or

(ii)any such person who has submitted an objection on that ground has withdrawn it.

[F51(4)This sub-paragraph applies where it is proposed to include in the order provision mentioned in sub-paragraph (1)(ba), in which case the order must not be made without the consent of the strategic highways company.]

Annotations:

Amendments (Textual)

F43Words in Sch. 9 para. 13(1)(b) substituted (1.11.1991) by New Roads and Street Works Act 1991 (c. 22, SIF 59, 108), s. 168(1), Sch. 8 para. 80(2); which substitution is in force for Scotland only by S.I. 1991/2286, art. 2(2), Sch. 2 and for England and Wales only by S.I. 1991/2288, art. 3, Sch.

F46Sch. 9 para. 13(1)(c)(d)(i) repealed (23.1.1993) by S.I. 1993/35, art. 2(3).

F47Sch. 9 para. 13(1)(d)(iii) inserted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 48, Sch. 4, para. 37; S.I. 1992/1286, art. 2, Sch.

F48Words in Sch. 9 para. 13(1) substituted (5.3.2015) by Infrastructure Act 2015 (c. 7), s. 57(1), Sch. 1 para. 100(4)(b); S.I. 2015/481, reg. 2(a)

Modifications etc. (not altering text)

C10Sch. 9 para. 13: Transfer of certain functions (1.7.1999) by S.I. 1999/1750, arts. 1, 2, Sch. 1 (art. 7); S.I. 1998/3178, art. 3

C11Sch. 9 para. 13 restricted (16.6.1999) by S.I. 1999/1608, art. 2

14[F52(1)Where in the case of any order proposed to be made by [F53the council of a London borough or the Common Council of the City of London] under or by virtue of any of the following provisions of this Act namely, sections 6, 9, 35, 38, 45, 46, 49, F54. . . 83(2) and 84, it is proposed to include in the order any provision such as is mentioned in sub-paragraphs (b) to (f) of paragraph 13(1) above, then (except [F55in a case to which sub-paragraph (2) applies or] where the provision is to be included in pursuance of a direction under paragraph 2 of this Schedule) the order shall not be made except with the consent of the Secretary of State. ]E+W+S

[F56(2)This sub-paragraph applies where it is proposed to include in the order provision mentioned in paragraph 13(1)(ba), in which case the order must not be made without the consent of the strategic highways company.]

Annotations:

Amendments (Textual)

F52Sch. 9 para. 14(1): Sch. 9 para. 14 renumbered as Sch. 9 para. 14(1) (5.3.2015) by Infrastructure Act 2015 (c. 7), s. 57(1), Sch. 1 para. 100(5)(a); S.I. 2015/481, reg. 2(a)

F55Words in Sch. 9 para. 14(1) inserted (5.3.2015) by Infrastructure Act 2015 (c. 7), s. 57(1), Sch. 1 para. 100(5)(b); S.I. 2015/481, reg. 2(a)

Modifications etc. (not altering text)

C12Sch. 9 para. 14 restricted (16.6.1999) by S.I. 1999/1608, art. 2

[F5714A(1)This paragraph applies where a strategic highways company proposes, other than further to a direction under paragraph 2, to include provision mentioned in paragraph 13(1)(b) or (c) to (f) in an order made by it under sections 1, 6, 9, 83(2) or 84.E+W+S

(2)Where this paragraph applies, the order must not be made without the consent of the Secretary of State.]

Annotations:

Amendments (Textual)

15(1)The Secretary of State may by order add to or remove from the orders for which his consent is required by paragraphs 13 [F58to 14A] above such orders made by such [F59traffic] authorities [F60in England and Wales ] for such purposes or in such circumstances as he may see fit to specify in his order.E+W+S

(2)No order under this paragraph removing any order from the orders for which the consent of the Secretary of State is for the time being required shall be made unless a draft of the order has been approved by a resolution of each House of Parliament.

(3)Any other order under this paragraph shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Annotations:

Amendments (Textual)

F58Words in Sch. 9 para. 15(1) substituted (5.3.2015) by Infrastructure Act 2015 (c. 7), s. 57(1), Sch. 1 para. 100(7)(a); S.I. 2015/481, reg. 2(a)

F59Word in Sch. 9 para. 15(1) substituted (5.3.2015) by Infrastructure Act 2015 (c. 7), s. 57(1), Sch. 1 para. 100(7)(b); S.I. 2015/481, reg. 2(a)

Modifications etc. (not altering text)

C13Sch. 9 para. 15: Transfer of certain functions (1.7.1999) by S.I. 1999/1750, arts. 1, 2, Sch. 1 (with art. 7); S.I. 1998/3178, art. 3

[F6115A(1)The Scottish Ministers may by order add to or remove from the orders for which their consent is required by paragraph 13 such orders made by such traffic authorities in Scotland as the Scottish Ministers may specify in the order.E+W+S

(2)An order under this paragraph may provide for the consent of the Scottish Ministers to be required (or not to be required) for an order for such purposes or in such circumstances as the Scottish Ministers may see fit to specify in the order under this paragraph.

(3)An order under this paragraph removing an order from the orders for which the consent of the Scottish Ministers is for the time being required is subject to the affirmative procedure.

(4)Any other order under this paragraph is subject to the negative procedure.]

Annotations:

Amendments (Textual)

F61Sch. 9 para. 15A inserted (23.5.2016) by Scotland Act 2016 (c. 11), s. 72(7), Sch. 2 para. 15(6)

16(1)In consenting to any order submitted [F62for ] consent under this Part of this Schedule, the Secretary of State [F63or the Scottish Ministers] may consent to the order either in the form in which it is submitted F64... or with such modifications as he [F65or they think] fit, which may include additions, exceptions, or other modifications of any description.E+W+S

(2)[F66Sub-paragraph (3) applies where] the Secretary of State [F67or the Scottish Ministers propose] to consent to such an order with modifications which appear to him [F68or them] substantially to affect the character of the order as submitted F69...

[F70(3)The Secretary of State or the Scottish Ministers ]shall, before doing so, take such steps as appear to him [F71 or them] to be sufficient and reasonably practicable for informing the [F72traffic] authority in question and other persons likely to be concerned.

Annotations:

Amendments (Textual)

F62Word in Sch. 9 para. 16(1) substituted (23.5.2016) by Scotland Act 2016 (c. 11), s. 72(7), Sch. 2 para. 15(8)(a)

F63Words in Sch. 9 para. 16(1) inserted (23.5.2016) by Scotland Act 2016 (c. 11), s. 72(7), Sch. 2 para. 15(8)(b)

F64Words in Sch. 9 para. 16(1) omitted (23.5.2016) by virtue of Scotland Act 2016 (c. 11), s. 72(7), Sch. 2 para. 15(8)(c)

F65Words in Sch. 9 para. 16(1) substituted (23.5.2016) by Scotland Act 2016 (c. 11), s. 72(7), Sch. 2 para. 15(8)(d)

F66Words in Sch. 9 para. 16(2) substituted (23.5.2016) by Scotland Act 2016 (c. 11), s. 72(7), Sch. 2 para. 15(9)(a)

F67Words in Sch. 9 para. 16(2) substituted (23.5.2016) by Scotland Act 2016 (c. 11), s. 72(7), Sch. 2 para. 15(9)(b)

F68Words in Sch. 9 para. 16(2) inserted (23.5.2016) by Scotland Act 2016 (c. 11), s. 72(7), Sch. 2 para. 15(9)(c)

F69Words in Sch. 9 para. 16(2) omitted (23.5.2016) by virtue of Scotland Act 2016 (c. 11), s. 72(7), Sch. 2 para. 15(9)(d)

F70Sch. 9 para. 16(3) substituted for word (23.5.2016) by Scotland Act 2016 (c. 11), s. 72(7), Sch. 2 para. 15(9)(e)

F71Words in Sch. 9 para. 16(2) inserted (23.5.2016) by Scotland Act 2016 (c. 11), s. 72(7), Sch. 2 para. 15(9)(f)

F72Word in Sch. 9 para. 16(2) substituted (5.3.2015) by Infrastructure Act 2015 (c. 7), s. 57(1), Sch. 1 para. 100(8); S.I. 2015/481, reg. 2(a)

Modifications etc. (not altering text)

C14Sch. 9 para. 16: Transfer of certain functions (1.7.1999) by S.I. 1999/1750, arts. 1, 2, Sch. 1 (with art. 7); S.I. 1998/3178, art. 3

17(1)The Secretary of State [F73or the Scottish Ministers] may by order grant a general consent for the making of orders requiring F74... consent under this Part of this Schedule—E+W+S

(a)of such descriptions, or

(b)with respect to such matters only, or

(c)made by such local authorities, or by authorities of such classes of descriptions, or

(d)made in such circumstances, or

(e)complying with such requirements,

as may be specified in the order.

(2)Any order [F75of the Secretary of State] under this paragraph shall be subject to annulment in pursuance of a resolution of either House of Parliament.

[F76(3)Any order of the Scottish Ministers under this paragraph is subject to the negative procedure.]

Annotations:

Amendments (Textual)

Modifications etc. (not altering text)

C15Sch. 9 para. 17: Transfer of certain functions (1.7.1999) by S.I. 1999/1750, arts. 1, 2, Sch. 1 (with art. 7); S.I. 1998/3178, art. 3

18The power [F77of the Secretary of State] to make an order conferred by paragraph 15 or 17 above shall be exercisable by statutory instrument.E+W+S

Annotations:

Amendments (Textual)

19In this Part of this Schedule “principal road” means a road for the time being classified as a principal road—E+W+S

(a)by virtue of section 12 of the M1Highways Act 1980 (whether as falling within subsection (1) or as being so classified under subsection (3)), or

(b)by the Secretary of State under section [F7811(1) of the M2Roads (Scotland) Act 1984].

Annotations:

Amendments (Textual)

Marginal Citations

Part IIIE+W+S Procedure as to certain orders

Annotations:

Subordinate Legislation Made

P1Sch. 9 Pt. III: s. 124 (with Sch. 9 Pt. III) power exercised (20.11.1991) by S.I.1991/2709

Modifications etc. (not altering text)

C17Sch. 9 Pt. III applied (with modifications) (6.3.1992) by Aberdeen Harbour Order Confirmation Act 1992 (c. ii), ss. 1, 3(2), Sch.

Sch. 9 Pt. III applied (E.W.) (temp. from 5.10.2009) by London Olympic Games and Paralympic Games Act 2006 (c. 12), ss. 14(3), 40(2)(6), 41(3); S.I. 2009/2577, art. 2

20(1)Subject to sub-paragraph (2) below, before [F79making] make an order under or by virtue of any of the following provisions of this Act, namely, sections 1, 6, 9, 19, 29, F80 . . . 32, 35, 37, 38, 45, 46, 49, F81. . . 61, 83(2) and 84, [F82a strategic highways company, ] [F83a local authority or Transport for London] shall consult with the chief officer of police of any police area in which any road or other place to which the order is to relate is situated; and, if the order in question has to be submitted [F84for] consent under Part II of this Schedule [F85or any other provision of this Act, [F86the company,]], the authority [F87or, as the case may be, Transport for London]shall so consult before submitting the order F88....E+W+S

(2)Sub-paragraph (1) above shall not apply to an order made in pursuance of a direction under paragraph 2 of this Schedule, and shall have effect without prejudice to any further requirements contained in any regulations made under the subsequent provisions of this Part of this Schedule.

Annotations:

Amendments (Textual)

F79Words in Sch. 9 para. 20(1) substituted (3.7.2000) by S.I. 2000/1547, art. 3(2)(a)

F80In Sch. 9 para. 20(1) reference to s. 30 repealed (1.11.1991) by New Roads and Street Works Act 1991 (c. 22, SIF 59, 108), s. 168(1)(2), Sch. 8 para. 80(3), Sch. 9; which repeal is in force for Scotland only by S.I. 1991/2286, art. 2(2), Sch. 2 and for England and Wales only by S.I. 1991/2288, art. 3, Sch.

F82Words in Sch. 9 para. 20(1) inserted (5.3.2015) by Infrastructure Act 2015 (c. 7), s. 57(1), Sch. 1 para. 100(9)(a); S.I. 2015/481, reg. 2(a)

F83Words in Sch. 9 para. 20(1) substituted (3.7.2000) by S.I. 2000/1547, art. 3(2)(b)

F85Words in Sch. 9 para. 20(1) inserted (3.7.2000) by S.I. 2000/1547, art. 3(2)(c)

F86Words in Sch. 9 para. 20(1) inserted (5.3.2015) by Infrastructure Act 2015 (c. 7), s. 57(1), Sch. 1 para. 100(9)(b); S.I. 2015/481, reg. 2(a)

F87Words in Sch. 9 para. 20(1) inserted (3.7.2000) by S.I. 2000/1547, art. 3(2)(d)

21As respects orders of [F89a strategic highways company or] a local authority other than [F90the council of a London borough or the Common Council of the City of London] under any of the provisions referred to in paragraph 20(1) above F91. . ., the [F92national authority] may make regulations for providing the procedure to be followed in connection with the making of such orders, the submission of such orders for the consent of the [F92national authority] or a county council where such submission is required, and the consideration by [F93 the national authority] or by the county council of any such order submitted to [F93 the national authority] or them; and the [F92national authority] shall by regulations under this paragraph make such (if any) provision as [F94 the national authority] considers appropriate with respect to—E+W+S

(a)the publication of any proposal for the making of such an order;

(b)the making and consideration of objections to any such proposal; and

(c)the publication of notice of the making of the order and of its effect.

Annotations:

Amendments (Textual)

F89Words in Sch. 9 para. 21 inserted (5.3.2015) by Infrastructure Act 2015 (c. 7), s. 57(1), Sch. 1 para. 100(10); S.I. 2015/481, reg. 2(a)

F91Words in Sch. 9 para. 21 repealed (1.11.1991) by New Roads and Street Works Act 1991 (c. 22, SIF 59, 108), s. 168(1)(2), Sch. 8 para. 80(4), Sch.9; which repeal is in force for Scotland only by S.I. 1991/2286, art. 2(2), Sch. 2 and for England and Wales only by S.I. 1991/2288, art. 3,Sch.

Modifications etc. (not altering text)

C19Sch. 9 para. 21: transfer of certain functions (1.7.1999) by S.I. 1999/1750, arts. 1, 2, Sch. 1 (with art. 7); S.I. 1998/3178, art. 3

22(1)Without prejudice to the generality of paragraph 21 above, regulations under that paragraph may include provision—E+W+S

(a)as to the form of any such order as is mentioned in that paragraph;

(b)for the holding of inquiries for the purposes of any such order and as to the appointment of the person by whom any such inquiry is to be held;

(c)for the making of modifications in any such order, whether in consequence of any objections or otherwise, before the order is made;

(d)requiring any such order to include such exemptions for such purposes and subject to such exceptions as may be provided for by the regulations;

(e)requiring the authority by whom any such order is made to place and maintain, or cause to be placed and maintained, such traffic signs in connection with that order as may be so provided for.

(2)In sub-paragraph (1)(e) above, in its application to an order under section 61 of this Act, the reference to traffic signs shall be construed in accordance with subsection (8) of that section.

23(1)The Secretary of State, after consultation with [F95the council of a London borough of the Common Council of the City of London][F96or Transport for London],—E+W+S

(a)as respects orders made by [F95that council][F97or Transport for London]under any of the provisions referred to in paragraph 20(1) above F98. . ., may make regulations for any of the like purposes as those for which regulations are required or authorised to be made under paragraph 21 above;

(b)with respect to any other order the making of which by [F95that council][F97or Transport for London]requires the consent of the Secretary of State, may make regulations for providing the procedure to be followed in connection with the obtaining of that consent.

(2)In paragraph 22(1)(c) above, so far as it relates to regulations made under this paragraph, “modifications” shall be construed as including additions, exceptions or other modifications of any description.

Annotations:

Amendments (Textual)

F95Words substituted by Local Government Act 1985 (c. 51, SIF 81:1), ss. 1, (2), 8(1), Sch. 5 para. 4(39)(j)

F96Words in Sch. 9 para. 23(1) inserted (3.7.2000) by S.I. 2000/1547, art. 3(3)(a)

F97Words in Sch. 9 para. 23(1)(a)(b) inserted (3.7.2000) by S.I. 2000/1547, art. 3(3)(b)

F98Words in Sch. 9 para. 23(1)(a) repealed (1.11.1991) by New Roads and Street Works Act 1991 (c. 22, SIF 59, 108), s. 168(1)(2), Sch. 8 para. 80(4), Sch. 9; which repeal is in force for Scotland only by S.I. 1991/2286, art. 3, Sch.and for England and Wales only by S.I. 1991/2288, art.3, Sch.

Modifications etc. (not altering text)

24The [F99national authority] may make regulations with respect to the procedure in connection with the making by [F100the national authority]E+W+S

(a)of any order made by virtue of paragraph 3 or made under paragraph 7 of this Schedule, or

(b)of any order which [F101the national authority] is authorised to make with respect to [[F102roads for which [F101the national authority] is the traffic authority] under any of the provisions referred to in paragraph 20(1) above,

or [F103, where the national authority is the Secretary of State,] with respect to the procedure in connection with appeals to him by district councils under [F104section 39] of this Act.

Annotations:

Amendments (Textual)

F102Words in Sch. 9 para. 24(b) substituted (1.11.1991) by New Roads and Street Works Act 1991 (c. 22, SIF 59, 108), s. 168(1), Sch. 8 para. 80(5); which substitution is in force for Scotland only by S.I. 1991/2286, art. 2(2), Sch. 2 and for England and Wales only by S.I. 1991/2288, art. 3, Sch.

Modifications etc. (not altering text)

C22Sch. 9 para. 24: Transfer of certain functions (1.7.1999) by S.I. 1999/1750, arts. 1, 2, Sch. 1 (with art. 7); S.I. 1998/3178, art. 3

25Any regulations under this Part of this Schedule may make different provision for different orders or for different circumstances; and where any such regulations require an authority to post any notice in a [F105road], the authority may, whether or not they are the [F106traffic authority], take such steps for that purpose as they think fit, including the use for that purpose of any lamp-post, traffic sign or other structure whatsoever in the [F105road], whether or not belonging to that authority.E+W+S

Annotations:

Amendments (Textual)

F106Words in Sch. 9 para. 25 substituted (1.11.1991) by New Roads and Street Works Act 1991 (c. 22, SIF 59, 108), s. 168(1), Sch. 8 para. 80(6)(a); which substitution is in force for Scotland only by S.I. 1991/2286, art. 2(2), Sch.2 and for England and Wales only by S.I. 1991/2288, art. 3,Sch.

26(1)Before giving any authority a direction under paragraph 2 of this Schedule to make (with or without modifications) an order under any of the provisions referred to in paragraph 20(1) above, in connection with which steps have already been taken in pursuance of regulations made under this Part of this Schedule, the [F107national authority] shall consider any objections made to that order.E+W+S

(2)If the order is directed to be made with modifications which appear to the [F108national authority] to affect substantially the character of the order, [F109the national authority] shall take such steps as appear to [F110the national authority] to be sufficient and reasonably practicable for informing any local authority concerned and any other person likely to be concerned.

Annotations:

Amendments (Textual)

Modifications etc. (not altering text)

C23Sch. 9 para. 26: Transfer of certain functions (1.7.1999) by S.I. 1999/1750, arts. 1, 2, Sch. 1 (with art. 7); S.I. 1998/3178, art. 3

Part IVE+W+S Variation or Revocation of Certain Orders

Annotations:

Modifications etc. (not altering text)

C25Sch. 9 Pt. IV applied (with modifications)(6.3.1992) by Aberdeen Harbour Order Confirmation Act 1992 (c. ii), s. 1, Sch. s. 3(2).

C26Sch. 9 Pt. IV applied (with modifications) (23.2.2017) by High Speed Rail (London - West Midlands) Act 2017 (c. 7), s. 70(1), Sch. 25 para. 10(3)

27(1)Subject to [F111sub-paragraphs (2) [F112, (2A), (3) and (4)]] below, any power to make an order as respects any road or parking place conferred by or by virtue of any of the following provisions of this Act, namely, sections 1, 6, 9, [F11314][F11416A]19, 29, F115. . . 32, 35, 37, 38, 45, 46, 49(2) and (4), 50, 53, 83 and 84 and paragraph 7 of this Schedule, shall include power for the authority for the time being having power to make such an order as respects that road or parking place to make an order varying or revoking any previous order as respects that road or parking place made, or having effect as if made, under or by virtue of the provision in question, whether the previous order was made by that or some other authority, and notwithstanding that the previous order was, and the order varying or revoking it is not, made in pursuance of a power exercisable by statutory instrument.E+W

(2)Sub-paragraph (1) above shall have effect—

(a)subject to sections 39(6), F116. . . and 59(6) of this Act, and

(b)without prejudice to section 50(6) of this Act.

[F117(2A)Where an order is required for the provision of facilities or the taking of measures pursuant to an advanced quality partnership scheme made under Part 2 of the Transport Act 2000 by more than one authority—

(a)it may not be varied or revoked by virtue of this paragraph by the Secretary of State unless the Secretary of State has consulted the other authority or authorities who made the scheme, and

(b)it may not be varied or revoked by virtue of this paragraph by any other authority without the consent of that other authority or those other authorities.]

[F118(3)Where an order is required for the provision of facilities pursuant to a quality partnership scheme made under Part II of the Transport Act 2000 by more than one authority—

(a)it may not be varied or revoked by virtue of this paragraph by the Secretary of State or the National Assembly for Wales unless he or it has consulted the other authority or authorities who made the scheme, and

(b)it may not be varied or revoked by virtue of this paragraph by any other authority without the consent of that other authority or those other authorities.]

[F119(4)Where an order is required for the provision of facilities or the taking of measures pursuant to an enhanced partnership scheme made under Part 2 of the Transport Act 2000 by more than one authority—

(a)it may not be varied or revoked by virtue of this paragraph by the Secretary of State unless the Secretary of State has consulted the other authority or authorities who made the scheme, and

(b)it may not be varied or revoked by virtue of this paragraph by any other authority without the consent of that other authority or those other authorities.]

Annotations:

Extent Information

E1This version of this provision extends to England and Wales only; a separate version has been created for Scotland only

Amendments (Textual)

F111Words in Sch. 9 para. 27(1) substituted (E.W.) (1.8.2001 for W. and 26.10.2001 for E.) by 2000 c. 38, s. 161, Sch. 11 para. 8(2); S.I. 2001/2788, art. 2, Sch. 1 para. 11; S.I. 2001/3342, art. 2, Sch.

F112Words in Sch. 9 para. 27(1) substituted (E.W.) (27.4.2017 for specified purposes, 27.6.2017 in so far as not already in force) by Bus Services Act 2017 (c. 21), ss. 16(8), 26(3)

F114Words in Sch. 9 para. 27(1) inserted (3.5.1994) by 1994 c. 11, s. 3(1), Sch. para. 5(2)

F115In Sch. 9 para. 27(1), reference to s. 30 repealed (1.11.1991) by New Roads and Street Works Act 1991 (c. 22, SIF 59, 108), s. 168(1)(2), Sch. 8 para. 80(7), Sch. 9; which repeal is in force for Scotland only by S.I. 1991/2286, art. 2(2), Sch. 2 and for England and Wales only by S.I. 1991/2288, art. 3, Sch.

F117Sch. 9 para. 27(2A) inserted (E.W.) (27.4.2017 for specified purposes, 27.6.2017 in so far as not already in force) by Bus Services Act 2017 (c. 21), ss. 16(9), 26(3)

F118Sch. 9 para. 27(3) inserted (E.W.) (1.8.2001 for W. and 26.10.2001 for E.) by 2000 c. 38, s. 161, Sch. 11 para. 8(3); S.I. 2001/2788, art. 2, Sch. 1 para. 11; S.I. 2001/3342, art. 2, Sch.

F119Sch. 9 para. 27(4) inserted (E.W.) (27.4.2017 for specified purposes, 27.6.2017 in so far as not already in force) by Bus Services Act 2017 (c. 21), ss. 16(10), 26(3)

27 F112(1) Subject to [F135 sub-paragraphs (2) and (3) ] below, any power to make an order as respects any road or parking place conferred by or by virtue of any of the following provisions of this Act, namely, sections 1, 6, 9, [F136 14 ] [F137 16A ] 19, 29, F138 . . .32, 35, 37, 38, 45, 46, 49(2) and (4), 50, 53, 83 and 84 and paragraph 7 of this Schedule, shall include power for the authority for the time being having power to make such an order as respects that road or parking place to make an order varying or revoking any previous order as respects that road or parking place made, or having effect as if made, under or by virtue of the provision in question, whether the previous order was made by that or some other authority, and notwithstanding that the previous order was, and the order varying or revoking it is not, made in pursuance of a power exercisable by statutory instrument. S

(2)Sub-paragraph (1) above shall have effect—

(a) subject to sections 39(6), F139 . . . and 59(6) of this Act, and

(b)without prejudice to section 50(6) of this Act.

[F140(3)Where an order is required for the provision of facilities pursuant to a quality partnership scheme made under Part 2 of the Transport (Scotland) Act 2001 (asp 2) by more than one authority—

(a)it may not be varied or revoked by virtue of this paragraph by the Secretary of State or the Scottish Ministers unless he has, or they have, consulted the other authority or authorities who made the scheme; and

(b)it may not be varied or revoked by virtue of this paragraph by any other authority without the consent of the other authority or authorities who made the scheme.]

Annotations:

Extent Information

E2This version of this provision extends to Scotland only; a separate version has been created for England and Wales only

Amendments (Textual)

F112Words in Sch. 9 para. 27(1) substituted (E.W.) (27.4.2017 for specified purposes, 27.6.2017 in so far as not already in force) by Bus Services Act 2017 (c. 21), ss. 16(8), 26(3)

F135Words in Sch. 9 para. 27(1) substituted (1.7.2001) by 2001 asp 2, s. 83, Sch. 2 para. 3(3)(a) (with s. 66); S.S.I. 2001/132, art. 2(3), Sch. Pt. II (subject to transitional provisions in arts. 3, 4)

F137Words in Sch. 9 para. 27(1) inserted (3.5.1994) by 1994 c. 11, s. 3(1), Sch. para. 5(2)

F138In Sch. 9 para. 27(1), reference to s. 30 repealed (1.11.1991) by New Roads and Street Works Act 1991 (c. 22, SIF 59, 108), s. 168(1)(2), Sch. 8 para. 80(7), Sch. 9; which repeal is in force for Scotland only by S.I. 1991/2286, art. 2(2), Sch. 2 and for England and Wales only by S.I. 1991/2288, art. 3, Sch.

F140Sch. 9 para. 27(3) inserted (1.7.2001) by 2001 asp 2, s. 83, Sch. 2 para. 3(3)(b) (with s. 66); S.S.I. 2001/132, art. 2(3), Sch. Pt. II (subject to transitional provisions in arts. 3, 4)

28For the avoidance of doubt it is hereby declared that, subject to Part II of this Schedule, the power to vary or revoke an order made under or by virtue of any of the provisions referred to in paragraph 27(1) above extends to the variation or revocation of any such order in connection with the provision in question as is mentioned below, notwithstanding that it was made by, or by direction of, the Secretary of State [F120or the Scottish Ministers] , that is to say—E+W+S

(a)an order made in pursuance of a direction under paragraph 2 of this Schedule;

(b)except where the provision in question is section 45, 46, 49, 50 or 53 of this Act, an order made by virtue of paragraph 3 of this Schedule;

(c)where the provision in question is section 45, 46, 49 F121. . . or 53 of this Act an order which is made by virtue of paragraph 3 of this Schedule and relates to a parking place for the time being controlled by the local authority within the meaning of section 45 of this Act F121. . . ; F122. . .

(d)an order under paragraph 7 of this Schedule [or].

F123[(e)an order under section 34 of the Deregulation and Contracting Out Act 1994.]

Annotations:

Amendments (Textual)

F120Words in Sch. 9 para. 28 inserted (23.5.2016) by Scotland Act 2016 (c. 11), s. 72(7), Sch. 2 para. 17(2)

F122Word in Sch. 9 para. 28(c) repealed (3.11.1994) by 1994 c. 40, ss. 81, 82(3), Sch. 17

F123Sch. 9 para. 28(e) and word “or" immediately preceding it inserted (3.11.1994) by 1994 c. 40, ss. 39, 82(3), Sch. 11 para. 5

29Nothing in paragraph 8 of this Schedule shall prevent the exercise by the [F124national authority] of the power to revoke any order made F125... under paragraph 7 of this Schedule.E+W+S

Annotations:

Amendments (Textual)

F124Words in Sch. 9 para. 29 substituted (23.5.2016) by Scotland Act 2016 (c. 11), s. 72(7), Sch. 2 para. 17(3)(a)

F125Words in Sch. 9 para. 29 omitted (23.5.2016) by virtue of Scotland Act 2016 (c. 11), s. 72(7), Sch. 2 para. 17(3)(b)

PART VE+W+S Consultation With Traffic Commissioners

30This Part of this Schedule applies to any order made under section 19 or 38(1)(a) of this Act, otherwise than in pursuance of a direction under paragraph 2 of this Schedule.E+W+S

31Before making an order to which this Part of this Schedule applies, the local authority—E+W+S

(a)[F126shall consult with the traffic [F127commissioner] for any traffic area constituted for the purposes of the Public Passenger Vehicles Act 1981 in which the area, or any part of the area, of the local authority is situated, and]

(a)[F126shall consult the senior traffic commissioner appointed under section 4A of the Public Passenger Vehicles Act 1981, and]

(b)if the local authority’s area is situated wholly or partly within an area [F128which is [F129an integrated transport area or] a passenger transport area for the purposes of Part II of the Transport Act 1968, shall consult with the Passenger Transport Executive for [F130that area].]

32If the order is required to be submitted [F131for] consent under Part II of this Schedule, the local authority shall consult as mentioned in paragraph 31 above before submitting it F132....E+W+S

Annotations:

Amendments (Textual)

F132Words in Sch. 9 para. 32 omitted (23.5.2016) by virtue of Scotland Act 2016 (c. 11), s. 72(7), Sch. 2 para. 18(b)

33Paragraphs 31 and 32 above shall have effect without prejudice to paragraph 20 or to any regulations made under paragraph 21 or (in relation to an order under section 38(1)(a) of this Act) any regulations made under paragraph 23 of this Schedule.E+W+S

PART VIE+W+S Validity of Certain Orders

Annotations:

Modifications etc. (not altering text)

C27Pt. VI (paras. 34–37) extended by Local Government Act 1985 (c. 51, SIF 81:1), ss. 1, 2, 8(2), Sch. 5 para. 8

C30Sch. 9 Pt. VI applied (with modifications)(6.3.1992) by Aberdeen Harbour Order Confirmation Act 1992 (c. ii), s. 1, Sch. s. 3(2).

34(1)This Part of this Schedule applies—E+W+S

(a)to any order made under or by virtue of any of the following provisions of this Act, namely, sections 1, 6, 9 [F13316A], 19, 32, 37 and 38, and

(b)to any designation order.

(2)In this Part of this Schedule—

(a)the relevant powers”, in relation to any such order as is mentioned in sub-paragraph (1)(a) above, means the powers with respect to such an order conferred by this Act, and, in relation to a designation order, means the powers of sections 45, 46, 49, F134. . . and 53 of this Act, and

(b)the relevant requirements”, in relation to any such order as is mentioned in sub-paragraph (1)(a) above, means any requirement of, or of any instrument made under, any provision of this Act with respect to such an order, and, in relation to a designation order, means any requirement of sections 45, 46, 49, F134. . . and 53 of this Act or of Parts I to III of this Schedule or of any regulations made under Part III of this Schedule.

Annotations:

Amendments (Textual)

F133Figure in Sch. 9 para. 34(1)(a) inserted (3.5.1994) by 1994 c. 11, s. 3(1), Sch. para. 5(3)

35If any person desires to question the validity of, or of any provision contained in, an order to which this Part of this Schedule applies, on the grounds—E+W+S

(a)that it is not within the relevant powers, or

(b)that any of the relevant requirements has not been complied with in relation to the order,

he may, within 6 weeks from the date on which the order is made, make an application for the purpose to the High Court or, in Scotland, to the Court of Session.

Annotations:

Modifications etc. (not altering text)

C31Sch. 9 para. 35 applied (with modifications) (3.11.1994) by 1994 c. 40, ss. 34(8), 82(3)

36(1)On any application under this Part of this Schedule the court—E+W+S

(a)may, by interim order, suspend the operation of the order to which the application relates, or of any provision of that order, until the final determination of the proceedings; and

(b)if satisfied that the order, or any provision of the order, is not within the relevant powers, or that the interests of the applicant have been substantially prejudiced by failure to comply with any of the relevant requirements, may quash the order or any provision of the order.

(2)An order to which this Part of this Schedule applies, or a provision of any such order, may be suspended or quashed under sub-paragraph (1) above either generally or so far as may be necessary for the protection of the interests of the applicant.

Annotations:

Modifications etc. (not altering text)

C32Sch. 9 para. 36 applied (with modifications) (3.11.1994) by 1994 c. 40, ss. 34(8), 82(3)

37Except as provided by this Part of this Schedule, an order to which this Part of this Schedule applies shall not, either before or after it has been made, be questioned in any legal proceedings whatever.E+W+S

Annotations:

Modifications etc. (not altering text)

C33Sch. 9 para. 37 applied (with modifications) (3.11.1994) by 1994 c. 40, ss. 34(8), 82(3)