(1) Subject to the provisions of this section and of section 84(3) of this Act, a road is a restricted road for the purposes of section 81 of this Act[F1if—
(a)in England and Wales, there is provided on it a system of street lighting furnished by means of lamps placed not more than 200 yards apart;
( b )in Scotland, there is provided on it a system of carriageway lighting furnished by means of lamps placed not more than 185 metres apart and the road is of a classification or type specified for the purposes of this subsection in regulations made by the [F2Scottish Ministers] .]
(2)[F3The traffic authority for a road may direct]
(a)that [F3the road] which is a restricted road for the purposes of section 81 of this Act shall cease to be a restricted road for those purposes, or
(b)that [F3the road]which is not a restricted road for those purposes shall become a restricted road for those purposes.
[F4( 3 )A special road is not a restricted road for the purposes of section 81 on or after the date declared by the traffic authority, by notice published in the [F5manner prescribed in regulations made by the national authority] , to be the date on which the special road, or the relevant part of the special road, is open for use as a special road.]
Textual Amendments
F1Words in s. 82(1) substituted (1.11.1991) by New Roads and Street Works Act 1991 (c. 22, SIF 59, 108), s. 168(1), Sch. 8 para. 59(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.
F2Words in s. 82(1)(b) substituted (23.5.2016) by Scotland Act 2016 (c. 11), ss. 42(5)(a), 72(7) (with Sch. 2 paras. 34(2), 35(2))
F3Words in s. 82(2) substituted (1.11.1991) by New Roads and Street Works Act 1991 (c. 22, SIF 59, 108), s. 168(1), Sch. 8 para. 59(3); 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.
F4S. 82(3) substituted (1.11.1991) by New Roads and Street Works Act 1991 (c. 22, SIF 59, 108), ss. 168(1), Sch. 8 para. 59(4); 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.
F5Words in s. 82(3) substituted (23.5.2016) by Scotland Act 2016 (c. 11), ss. 42(5)(b), 72(7) (with Sch. 2 paras. 34(2), 35(2))
Modifications etc. (not altering text)
C1S. 82(1)(b)(2)(3): transfer of functions (1.7.1999) by S.I. 1999/1750, art. 2, Sch. 1
C2S. 82(2): power to make orders extended (S.) (1.4.2002) by The Forth Estuary Transport Authority Order 2002 (S.S.I. 2002/178), art. 9