Chwilio Deddfwriaeth

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

Statws

Dyma’r fersiwn wreiddiol (fel y’i gwnaed yn wreiddiol).

Regulations 7(1)(a) and (b), 17(2), 24(2)

SCHEDULE 1PARTICULARS TO BE INCLUDED IN PRESS NOTICES AND NOTICES UNDER REGULATION 24(2)

PART IPARTICULARS TO BE INCLUDED IN A NOTICE UNDER REGULATION 7, 17 OR 24(2)

1.  The name of the order making authority.

2.  The title of the order.

3.  A brief statement of the general nature and effect of the order.

4.  Where the order relates to a road, the name or a brief description of the road and, where appropriate, a description of the length of it to which the order relates.

5.  Where the order relates to an off-street parking place or a loading area, a brief description of that place or area and of its location.

6.  Where the order relates to a parking place and prescribes charges for its use or restricts the times during which, or classes of vehicle for which, it may be used, a statement of those charges, times or classes.

7.  A statement that documents giving more detailed particulars of the order are available for inspection and a statement of the places at which they are so available and of the times when they may be inspected at each place.

PART IIPARTICULARS TO BE INCLUDED IN A NOTICE UNDER REGULATION 7 OR 24(2)

8.  A statement that all objections and other representations relating to the order must be made in writing and that all objections must specify the grounds on which they are made.

9.  The date by which objections to the order and other representations must be made and the address to which they should be sent.

10.  Where applicable, the additional matters prescribed by regulation 10(1).

PART IIIPARTICULARS TO BE INCLUDED IN A NOTICE UNDER REGULATION 17

11.  The date on which the order is to come into force.

12.  Where the order to which the notice relates is an order which has been made under section 1, 6, 9, 19, 32, 37 or 38 of the 1984 Act or a designation order, a statement that, if any person wishes to question the validity of the order or of any of its provisions on the grounds that it or they are not within the powers conferred by the Act, or that any requirement of the Act or of any instrument made under the Act has not been complied with, that person may, within 6 weeks from the date on which the order is made, apply for the purpose to the High Court.

13.  Where applicable, the statements prescribed by regulation 23(3) and Schedule 5.

Regulations 3(1), 7(3), 21(4)(b), 22(3)

SCHEDULE 2DEPOSITED DOCUMENTS

1.  Subject to paragraph 3, the documents specified in paragraph 2 shall, so far as they are relevant, be made available for inspection at the principal offices of the authority during normal office hours and at such other places (if any) within its area as it may think fit during such hours as it may determine for each such place.

2.  The documents are—

(a)a copy of the relevant notice of proposals and, if the order has been made, of the relevant notice of making;

(b)except where the order is one to which paragraph 3 applies, a copy of the order as proposed to be made or as made (as the case may be);

(c)except where the order is one to which paragraph 3 applies, a map which clearly shows the location and effect of the order as proposed to be made or as made (as the case may be) and, where appropriate, alternative routes for diverted traffic;

(d)a statement setting out the reasons why the authority proposed to make the order including, in the case of an experimental order, the reasons for proceeding by way of experiment and a statement as to whether the authority intends to consider making an order having the same effect which is not an experimental order;

(e)if the order varies, revokes, applies or suspends another order, a copy of that other order;

(f)if the order modifies, suspends or revokes regulations made or having effect as if made under section 12 of the 1984 Act, a copy of those regulations;

(g)if the order has been made after the holding of a public inquiry, a copy of the report and recommendations (if any) of the inspector; and

(h)where applicable, the additional documents specified in regulation 23(3)(e).

3.  This paragraph applies to—

(a)an order which revokes another order and has no other effect;

(b)an order which relates to a parking place and whose only effect is to vary provisions of another order relating to one or more of the following matters—

(i)the charges for the use of the parking place;

(ii)the time limits applicable to such use;

(iii)other conditions applicable to such use;

(iv)the classes of vehicle by which the parking place may be used.

Regulation 10(1) and (3)

SCHEDULE 3PARTICULARS TO BE INCLUDED IN A NOTICE OF A PUBLIC INQUIRY

1.  The title of the order.

2.  The name of the order making authority.

3.  A statement which refers to the notice of proposals for the order and which indicates that a public inquiry will be held in connection with the order.

4.  A brief statement of the general nature and effect of the order and of the name or a brief description of any road or other place to which the order relates.

5.  The date, time and place of the inquiry and the name of the inspector.

6.  A statement that documents giving detailed particulars of the order are available for inspection and of the addresses at which those documents can be inspected and of the times when inspection can take place at each address.

7.  The address to which any written representations for consideration by the inspector may be sent by any person wishing to make such representations.

Regulation 21(1)

SCHEDULE 4MINOR ORDERS

PART IEFFECTS OF A MINOR ORDER

1.  The postponement for a period of not more than 6 months of the coming into force of any provision of an existing order.

2.  The variation of an order so that it includes exemptions in respect of disabled persons' vehicles in accordance with regulation 4 of the Local Authorities' Traffic Orders (Exemptions for Disabled Persons) (England and Wales) Regulations 1986(1).

3.  The variation of an order so as to confer on a traffic warden functions similar to those conferred by the order on a constable.

4.  The variation of an order so as to substitute a prohibition or restriction on the use of vehicles having a maximum gross weight of 17 tonnes for an identical prohibition or restriction on the use of vehicles having a maximum gross weight of 16.5 tonnes.

5.  The variation of an order by substituting, for any reference to a vehicle adapted to carry 12 passengers or to a vehicle adapted to carry more than 12 passengers, a reference to a vehicle adapted to carry more than 8 passengers.

6.  The variation of a provision in an order—

(a)prohibiting or restricting the waiting or the loading or unloading of vehicles, or

(b)authorising the use of any part of a road as a parking place,

in so far as the variation is necessary to make the order compatible with any regulations made under section 25 of the 1984 Act.

7.  The variation of an order to the extent appearing to the order making authority necessary or expedient as a consequence of the coming into force of—

(a)a designation order made under section 76(1) of the Road Traffic Act 1991 (special parking areas in London); or

(b)a designation order made under Schedule 3 to that Act (permitted or special parking areas outside London).

8.  The revocation or variation of a provision included in an order under section 35(1)(iv), 46(2)(e) or 53(3) of the 1984 Act authorising a person to remove or arrange for the removal of a vehicle from a parking place.

9.  The variation of a provision included in an order under section 35 or 46(2) regulating the method, or requiring the use of apparatus, by which any charges for the use of a parking place are to be paid.

10.  The prohibition of, or the revocation or variation of a provision in an order whose sole effect is to prohibit, the riding of cycles or mopeds on a footbridge, in a pedestrian subway or on the approaches to such a bridge or subway.

PART IIINTERPRETATION

11.  In this Schedule—

“cycle” means a pedal cycle which is not a motor vehicle;

“excess charge” in relation to an on-street parking place has the same meaning as in section 46 of the 1984 Act and, in relation to an off-street parking place, means any sum payable as a result of a vehicle remaining parked beyond the period for which payment has been made;

“maximum gross weight” has the same meaning as in the Traffic Signs Regulations 1994(2); and

“moped” has the meaning given by paragraph 5 of Schedule 9 to the Road Vehicles (Construction and Use) Regulations 1986(3).

Regulation 23(3)

SCHEDULE 5STATEMENTS FOR INCLUSION IN A NOTICE OF MAKING RELATING TO AN EXPERIMENTAL ORDER

1.  That the order making authority will be considering in due course whether the provisions of the experimental order should be continued in force indefinitely.

2.  That within a period of six months—

(a)beginning with the day on which the experimental order came into force, or

(b)if that order is varied by another order or modified pursuant to section 10(2) of the 1984 Act, beginning with the day on which the variation or modification or the latest variation or modification came into force,

any person may object to the making of an order for the purpose of such indefinite continuation.

3.  That any such objection must—

(a)be in writing;

(b)state the grounds on which it is made; and

(c)be sent to an address specified for the purpose in the notice of making.

(1)

S.I. 1986/1078, to which there are amendments not relevant to these Regulations.

(2)

Part I of S.I. 1994/1519.

(3)

S.I. 1986/1078, to which there are amendments not relevant to these Regulations.

Yn ôl i’r brig

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