Traffic Management Act 2004

Traffic Management Act 2004

2004 CHAPTER 18

Commentary on Sections

Part 2: Network Management by Local Traffic Authorities

Sections 21: Intervention Orders

52. Section 21 provides for an Intervention Order in connection with the appointment of a "Traffic Director" to an authority by the Secretary of State or National Assembly, as appropriate, in the event that they are satisfied that the authority is failing to perform any duty under sections 16 and 17. Under subsection (3) the Order must set out the grounds for the appointment and the Traffic Director’s objectives.

53. A Traffic Director may be given the powers which are described in general terms in subsection (5). These are to monitor, to report, to intervene in the activities of the local authority, and to carry out functions of the local authority. Subsection (7) enables the scope of those general powers, as well as when and how such powers may be exercised, to be limited by the Order.

54. Subsection (8) defines the scope of the ancillary powers which may be conferred on the Traffic Director, which may include a requirement for the local authority to provide him with information and assistance. Subsection (9) provides for the amendment of the intervention order setting out the powers of the Traffic Director, after he has been appointed, but only after consultation with the local authority. Subsection (10) provides that the Secretary of State shall consult the Mayor prior to making an intervention order in respect of a London authority.