The Local Government (Road Traffic and Highways) (Transitional Provisions) Order 1974

Road Traffic Orders and Schemes

3.—(1) Any provision which relates to a road or parking place for vehicles outside Greater London and which is contained in an order or scheme made by an existing local authority before 1st April 1974 under an enactment specified in paragraph (5) of this Article, or which has effect as if contained in such an order or scheme, shall, subject to paragraphs (2) and (3) below, have effect on and after 1st April 1974 as if contained in an order or scheme made under the enactment in question by the council of the county in which the road or parking place is situated and as if for references in the order or scheme to the existing local authority there were substituted, in relation to that road or parking place, references to that council.

(2) In the case of a provision with respect to a road where on 1st April 1974 part of the width of the road is situated in one county and part in another county and where the order containing the provision is one to which section 82(2) of the Road Traffic Regulation Act 1967 would have been applicable if it had been made on or after that date, paragraph (1) above shall have effect as if for the reference in that paragraph to the council of the county in which the road is situated there were substituted a reference to the council of the county in which one part is situated acting with the consent of the council of the county in which the other part is situated, and accordingly on or after 1st April 1974 the provision in question may be varied or revoked by either council acting with the consent of the other.

(3) In the case of an order with respect to—

(a) an off-street parking place in England or Wales which by virtue of the Local Authorities (England) (Property, etc.) Order 1973(1) or the Local Authorities (Wales) (Property, etc.) Order 1973(2) as the case may be, is vested in the district council and not the county council on 1st April 1974, or

(b) a street parking place in Wales,

paragraph (1) above shall have effect as if for the reference in that paragraph to the council of the county there were substituted a reference to the council of the district (who shall be deemed to have been acting with the consent of the council of the county in making the order).

(4) In a case where the circumstances mentioned in Article 5 of this Order occur in relation to a provision to which this Article applies the provisions of this Article shall have effect subject to the provisions of that Article.

(5) The enactments referred to in paragraph (1) of this Article are sections 1, 5, 9, 12, 15, 21, 26, 28, 31, 33, 35, 36, 37, 73 and 74 of the Road Traffic Regulation Act 1967 and section 31 of the Road Traffic Act 1972.

(1)

(1973 III, p.6401).

(2)

(1973 III, p. 6452).