The Local Authorities' Traffic Orders (Procedure) (Scotland) Amendment Regulations 2002

This Statutory Instrument has been made to correct defects in S.I. 1999/614 and is being issued free of charge to all known recipients of that Statutory Instrument.

Scottish Statutory Instruments

2002 No. 31

ROAD TRAFFIC

The Local Authorities' Traffic Orders (Procedure) (Scotland) Amendment Regulations 2002

Made

21st January 2002

Laid

29th January 2002

Coming into force

1st March 2002

The Scottish Ministers, in exercise of the powers conferred upon them by section 124 of, and Part III of Schedule 9 to, the Road Traffic Regulation Act 1984(1), and of all other powers enabling them in that behalf, after consultation with representative organisations in accordance with section 134(2) of the said Act of 1984, hereby make the following Regulations:

Citation, commencement and extent

1.  These Regulations may be cited as the Local Authorities' Traffic Orders (Procedure) (Scotland) Amendment Regulations 2002 and shall come into force on 1st March 2002.

Interpretation

2.  In these Regulations “the 1999 Regulations” means the Local Authorities' Traffic Orders (Procedure) (Scotland) Regulations 1999(2).

Amendment of the 1999 Regulations

3.  For regulation 21 of the 1999 Regulations there shall be substituted the following–

“21.   Where in connection with any order, consultation in accordance with regulation 4 of the Local Roads Authorities' Traffic Orders (Procedure) (Scotland) Regulations 1987(3) is commenced before the date of coming into force of these Regulations, then the remaining procedural steps in connection with that order shall be determined by the Local Roads Authorities' Traffic Orders (Procedure) (Scotland) Regulations 1987, notwithstanding their revocation by regulation 22.”.

LEWIS MACDONALD

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

21st January 2002

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Local Authorities' Traffic Orders (Procedure) (Scotland) Regulations 1999 (“the 1999 Regulations”) which prescribe the procedure to be followed by local traffic authorities in Scotland for making the main types of traffic and parking orders under the Road Traffic Regulation Act 1984. The 1999 Regulations replaced with significant modifications the Local Roads Authorities' Traffic Orders (Procedure) (Scotland) Regulations 1987 (“the 1987 Regulations”).

Regulation 3 amends regulation 21 (Saving) of the 1999 Regulations to clarify the operation of that provision in connection with the 1987 Regulations and also corrects an erroneous cross reference to the revocation of the 1987 Regulations.

(1)

1984 c. 27; there are amendments to section 124 not relevant to these Regulations. Part III of Schedule 9 was amended by the Local Government Act 1985 (c. 51), Schedule 5, paragraph 39 and the New Roads and Street Works Act 1991 (c. 22), Schedule 8, paragraph 80 and Schedule 9. The functions of the Secretary of State under these provisions transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c. 46).

(2)

S.I. 1999/614.

(3)

S.I. 1987/2245.