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Statutory Instruments
Road Traffic
Made
20th December 2011
Laid before Parliament
20th December 2011
Coming into force
30th January 2012
The Secretary of State—
(a)in exercise of powers conferred by section 64(1), (2), (3) and (5) of the Road Traffic Regulation Act 1984(1) (“the 1984 Act”), makes the regulations contained in Part 1 of this instrument; and
(b)in exercise of powers conferred by sections 65(1) and 85(2) of the 1984 Act(2), gives the general directions contained in Part 2 of this instrument.
In accordance with article 4 of, and Schedule 3 to, the Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc) Order 1999(3), the Secretary of State has consulted with the Scottish Ministers.
In relation to the regulations contained in Part 1 of this instrument, the Secretary of State has, in accordance with section 134(2) of the 1984 Act, consulted with such representative organisations as the Secretary of State thought fit.
1984 c.27. Powers conferred by section 64 on “the Ministers acting jointly” were, by S.I. 1999/3143, transferred to the Secretary of State (see primarily article 2(1)). Functions of a Minister of the Crown under the Road Traffic Regulation Act 1984 are (with exceptions), so far as exercisable in relation to Wales, transferred by S.I. 1999/672 to the National Assembly for Wales. The exceptions include the power in section 64 to prescribe a sign. See primarily article 2 of that instrument, and sub-paragraph (e) of the paragraph commencing with “Road Traffic Regulation Act 1984” in Schedule 1 to that instrument. By virtue of S.I. 1999/1750, functions conferred on a Minister of the Crown by the Road Traffic Regulation Act 1984 shall (with exceptions), so far as the functions are exercisable in or as regards Scotland, be exercisable by the Scottish Ministers instead. The exceptions include the power in section 64 to prescribe a sign. See primarily article 2 of that instrument, and sub-paragraph (d) of the paragraph commencing with “The Road Traffic Regulation Act 1984” in Schedule 1 to that instrument.
Section 65(1) was substituted by section 168(1) of, and paragraph 48(2) of Schedule 8 to, the New Roads and Street Works Act 1991 (c.22). Section 65(1A) was inserted by section 48 of, and paragraph 29 of Schedule 4 to, the Road Traffic Act 1991 (c.40). Section 65(1A) informs the power in section 65(1), and is relevant to the amendment by this instrument of direction 56 of S.I. 2002/3113. Powers conferred by section 65 on “the Ministers acting jointly” were, by S.I. 1999/3143, transferred to the Secretary of State. Functions of a Minister of the Crown under the Road Traffic Regulation Act 1984 are (with exceptions), so far as exercisable in relation to Wales, transferred by S.I. 1999/672 to the National Assembly for Wales. The exceptions include the power in section 65 to give general directions. See primarily article 2 of that instrument, and sub-paragraph (e) of the paragraph commencing with “Road Traffic Regulation Act 1984” in Schedule 1 to that instrument.
S.I. 1999/1750, to which there are amendments not relevant to these regulations.
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