The term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section. A version of a provision is prospective either:
Commencement Orders listed in the ‘Changes to Legislation’ box as not yet applied may bring this prospective version into force.
Note: Point in time prospective is the latest available view of the legislation that includes by default all the prospective changes that might come into force.
There are outstanding changes not yet made by the legislation.gov.uk editorial team to Traffic Management Act 2004. Any changes that have already been made by the team appear in the content and are referenced with annotations.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
This section lists the commencement orders yet to be applied to the whole Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing. Where applicable the commencement orders are listed under two headings, firstly those that bring some part of the Act you are viewing into force and secondly, those that bring into force legislation that affects some part of the legislation you are viewing. If you are viewing a prospective version or there is a prospective version available there may be commencement orders listed here that are relevant to the provision you are viewing.
Commencement Orders bringing provisions within this Act into force:
Commencement Orders bringing legislation that affects this Act into force:
(1)In this Part—
the Secretary of State, as respects England, and
the National Assembly for Wales, as respects Wales;
“condition” is to be construed in accordance with section 32(2);
“enactment” includes an enactment comprised in subordinate legislation (within the meaning of the Interpretation Act 1978 (c. 30));
“fixed penalty notice” means a notice offering a person the opportunity of discharging any liability to conviction for an offence by payment of a penalty;
“” and “ ” have the same meaning as in the Highways Act 1980 (c. 66);
“maintainable highway” has the same meaning as in Part 3 of the New Roads and Street Works Act 1991 (c. 22);
“permit” is to be construed in accordance with section 32(2);
“permit scheme” is to be construed in accordance with section 32;
“permit regulations” is to be construed in accordance with section 37;
“prescribed” means prescribed, or of a description prescribed, by regulations made by the appropriate national authority;
“Royal Park” means any park to which the Parks Regulation Act 1872 (c. 15) applies (see sections 1 and 3 of the Parks Regulation (Amendment) Act 1926 (c. 36));
“street” means a street (within the meaning of Part 3 of the New Roads and Street Works Act 1991)—
which is a maintainable highway, or
which is situated in a Royal Park;
“street works” has the meaning given by section 48(3) of the New Roads and Street Works Act 1991;
“undertaker” has the same meaning as in Part 3 of that Act;
prescribed street works, and
such other works or activities as may be prescribed,
but activities may not be prescribed under paragraph (b) unless they are, or correspond to, activities which are regulated or controlled by the Highways Act 1980.
(2)An order or regulations under this Part—
(a)may make different provision for different cases or different areas,
(b)may include incidental, supplemental, consequential or transitional provision or savings.
(3)A power to make an order or regulations under this Part is exercisable by statutory instrument.
(4)The first permit regulations may not be made by the Secretary of State unless a draft of them has been laid before and approved by a resolution of each House of Parliament.
(5)Subject to that, a statutory instrument containing regulations under this Part made by the Secretary of State is subject to annulment in pursuance of a resolution of either House of Parliament.
Latest with prospective:Latest with prospective is the latest available (revised) version of the legislation but includes the prospective versions of individual provisions where they exist. This point in time view of the legislation becomes available after clicking a prospective version of a provision via Advanced Features > Show Timeline of Changes.
Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.
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