The Local Authorities' Traffic Orders (Procedure) (England and Wales) Regulations 1996

Revocation and re-enactment of an order not published on making

20.—(1) This regulation applies where—

(a) an order (“the previous order”) has been made in circumstances where the order making authority is required to publish a notice of making;

(b) the authority has failed to comply with regulation 17(2) or is satisfied that it will be unable to do so; and

(c) no provision of the order has come into force.

(2) Where this regulation applies the order making authority which made the previous order may, subject to the following provisions of this regulation and the provisions of regulation 24, make—

(a) an order (“a revocation order”) the sole effect of which is to revoke the previous order in whole;

(b) an order (“a replacement order”) the sole effect of which is to revoke the previous order in whole and to re-enact it with a different commencement date; or

(c) in a case where a revocation order has been made in relation to the previous order, an order (“a delayed re-enactment order”) the sole effect of which is to re-enact the previous order with a different commencement date.

(3) A revocation order shall come into force on the day on which it is made.

(4) If, in relation to a revocation order, it is not practicable for the order making authority to comply with the requirements of paragraphs (2) and (3) of regulation 17 within the time specified in those paragraphs but the authority complies with those requirements as soon as reasonably practicable thereafter, it shall be taken to have complied with those paragraphs.

(5) A replacement order—

(a) so far as it revokes the previous order must come into force on the day on which it is made;

(b) so far as it re-enacts the provisions of the previous order—

(i) apart from the differing commencement dates, must have the same effect as the previous order, and

(ii) must not come into force before the date allowed by regulation 16(3); and

(c) shall not be made unless the requirements of these Regulations (except those of regulations 17(2) to (4) and 18) and of the 1984 Act had been complied with in relation to the previous order.

(6) A delayed re-enactment order shall not be made more than six months after the date on which the previous order was made and sub-paragraphs (b) and (c) of paragraph (5) shall apply to a delayed re-enactment order as they apply to a replacement order.

(7) Regulations 6, 7 and 8 shall not apply to the making of a revocation order, replacement order or delayed re-enactment order.