The Local Authorities' Traffic Orders (Procedure) (Scotland) Regulations 1999

Hearing

8.—(1) Before making any order to which these Regulations apply the authority may hold a hearing in connection with that order and the authority shall hold such a hearing before making an order in the following cases:–

(a) where the order is–

(i) an order under section 1, 37 or 45 of the Act which contains a provision which prohibits, or has the effect of prohibiting, the loading or unloading of vehicles in any road either at all times or for any period of time unless such period falls wholly between 0700 hours and 1000 hours or between 1600 hours and 1900 hours in any day, or

(ii) an order under section 9 of the Act which contains a provision such as is mentioned in head (i) of this sub-paragraph and which is proposed to be made within 6 months of the date on which a previous order under section 9 of the Act containing a similar provision as respects that road ceased to be in force,

and an objection to that provision in the order is made by any person in accordance with regulation 7 above and is not withdrawn;

(b) where the order is–

(i) an order under section 1, 37 or 45 of the Act which contains a provision for requiring vehicular traffic generally, or vehicular traffic of any class, to proceed on a road in a specified direction, or for prohibiting such traffic from so proceeding, or

(ii) an order under section 9 of the Act which contains a provision for requiring vehicular traffic generally, or vehicular traffic of any class, to proceed on a road in a specified direction, or for prohibiting such traffic from so proceeding, and which is proposed to be made within 6 months of the date on which a previous order under section 9 of the Act containing a similar provision as respects that road ceased to be in force, or

(iii) an order under section 19 of the Act which provides that any road shall not be used either at all times or for a limited period or periods in the year by public service vehicles or such vehicles of a specified class,

and an objection to that provision in the order is made in accordance with regulation 7 by a person who provides a relevant service on any road to which the order relates, and is not withdrawn; and

(c) where the order is one which requires the consent of the Secretary of State under paragraph 13 of Schedule 9 to the Act, and he has notified the authority that he will not be willing to consider giving his consent to the making of the order until a hearing has been held by the authority in connection with it.

(2) Hearings shall be conducted by an independent person (referred to as “the reporter”) appointed by the authority from a list of persons compiled by the Secretary of State for that purpose.

(3) A hearing shall be held in public.

(4) For the purposes of paragraph (1)(b) “a relevant service” means–

(a) a service which is a local service within the meaning of the Transport Act 1985(1); or

(b) a service for the carriage of passengers for hire or reward at separate fares which is not–

(i) a local service (within the meaning aforesaid); or

(ii) a service in relation to which the conditions set out in Part III of Schedule 1 to the Public Passenger Vehicles Act 1981(2) are met in respect of each journey made by the vehicles used in providing the service.

(1)

1985 c. 67.

(2)

1981 c. 14.