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Local Government etc. (Scotland) Act 1994

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44 Restriction on order-making powers of existing authorities.S

(1)Where a regional council propose to make an order such as is mentioned in subsection (2) below and the order—

(a)will come into effect after such date as the Secretary of State may by order made by statutory instrument prescribe; and

(b)will continue in effect after 31st March 1996,

they shall, before making the order, seek the consent of the successor authority.

(2)The orders referred to in subsection (1) above are any orders made under the following provisions of the M1Road Traffic Regulation Act 1984—

(a)section 1 (traffic regulation orders);

(b)section 9 (experimental traffic orders);

(c)section 14 (temporary traffic orders);

(d)section 32 (provision of parking places by authorities);

(e)section 35 (orders relating to use of parking places);

(f)section 37 (orders as to general scheme of traffic control);

(g)section 45 (orders designating paying parking places);

(h)section 46 (further orders regulating paying parking places); and

(i)section 84 (speed limits on certain roads).

(3)Where a successor authority refuse their consent to a proposed order to which this section applies the regional council shall not make the order without having obtained the consent of the Secretary of State.

(4)Where—

(a)a regional council have sought the consent of a successor authority to the making of a proposed order to which this section applies; and

(b)the successor authority have failed, within 6 weeks of such consent being sought, to consent,

the successor authority shall be deemed to have given such consent.

(5)In this section “successor authority” means any council constituted under section 2 of this Act (other than the councils for Orkney Islands, Shetland Islands and Western Isles) in whose area the proposed order will have effect.

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