Glasgow Commonwealth Games Act 2008

40 Power to direct councils to regulate road use for Games purposes

(1) Ministers may direct a council to make, vary or revoke a traffic regulation instrument where they consider such action to be necessary for any of the purposes mentioned in section 38(1).

(2) A direction may be made only if—

(a) the Organising Committee has notified Ministers that it considers that the council should take the directed action, and

(b) the council has failed to take that action within 7 days of being asked by Ministers to do so.

(3) Subsection (2) need not be complied with where—

(a) Ministers consider that action must be taken without delay in order to ensure that the Games transport plan is implemented properly, and

(b) the direction narrates that fact.

(4) If a council fails to comply with a direction—

(a) Ministers may take the directed action in place of the council, and

(b) such action is to be deemed to have been taken by the council.

(5) Ministers may recover the cost of so acting from the council.

(6) A “traffic regulation instrument” means any—

(a) Games traffic regulation order, or

(b) other order, regulations, notice or instrument regulating road use,

which the council concerned has power to make.