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

Consultation E+W

6.—(1) An order making authority shall, before making an order in a case specified in column (2) of an item in the table below, consult the persons specified in column (3) of the item.

TABLE

(1)	(2)	(3)
Item	Case	Consultee
1.	Where the order relates to, or appears to the order making authority to be likely to affect traffic on, a road for which another authority is the highway authority or the traffic authority	The other authority
2.	Where the order relates to, or appears to the order making authority to be likely to affect traffic on, a Crown road	The appropriate Crown authority
3.	Where the order relates to, or appears to the order making authority to be likely to affect traffic on, a road subject to a concession	The concessionaire
4.	Where the order relates to, or appears to the order making authority to be likely to affect traffic on, a road on which a tramcar or trolley vehicle service is provided	The operator of the service
5.	Where the order relates to, or appears to the order making authority to be likely to affect traffic on,– (a)a road outside Greater London which is included in the route of a local service; or (b)a road in Greater London which is included in the route of a London bus service	In case (a) the operator of the service In case (b) the operator of the service and [F1 Transport for London]
6.	Where it appears to the authority that the order is likely to affect the passage on any road of– (a)ambulances; or (b)fire-fighting vehicles	In case (a) the chief officer of the appropriate NHS trust [F2 or NHS foundation trust] [F3 In case (b) the fire and rescue authority]
7.	All cases	(a)The Freight Transport Association (b)The Road Haulage Association (c)Such other organisations (if any) representing persons likely to be affected by any provision in the order as the order making authority thinks it appropriate to consult

(2) In paragraph (1)—

• “appropriate NHS trust" [F4 or NHS foundation trust] in relation to a road or place means the National Health Service trust [F4 or NHS foundation trust] providing an emergency ambulance service in the area in which the road or place is situated and “National Health Service trust" has the meaning given by section 128(1) of the National Health Service Act 1977 M1 ;

• “concessionaire" has the meaning given by section 1(1) of the 1991 Act;

• [F5 “ fire and rescue authority” means the fire and rescue authority under the Fire and Rescue Services Act 2004 for the area in which the road or place is situated;]

• “highway authority" has the same meaning as in the Highways Act 1980 M2 ;

• “road subject to a concession" has the meaning given by section 1(2) of the 1991 Act; and

• “trolley vehicle" does not include a duobus as defined in the Tramcar and Trolley Vehicles (Modification of Enactments) Regulations 1992 M3 [F6 and NHS foundation trust has the meaning given by section 1(1) of the Health and Social Care (Community Health and Standards) Act 2003].

(3) The requirements of this regulation are without prejudice to the provisions of—

(a) paragraph 20 of Schedule 9 to the 1984 Act (consultation with the chief officer of police);

(b) paragraph 6(3)(c) of Schedule 5 to the 1985 Act (consultation required of F7 ... metropolitan district councils); and

(c) any other provision of the 1984 Act requiring consultation.

Textual Amendments

F1 Words in reg. 6(1) table substituted (3.7.2000) by The Greater London Highways and Road Traffic (Various Provisions) Order 2000 (S.I. 2000/1547), art. 1, Sch. 1 para. 2(2)

F2 Words in reg. 6(1) inserted (1.4.2004) by The Health and Social Care (Community Health and Standards) Act 2003 (Supplementary and Consequential Provision) (NHS Foundation Trusts) Order 2004 (S.I. 2004/696), arts. 1(1)(b), 3(2), Sch. 2

F3 Words in reg. 6(1) substituted (E.) (30.12.2004) by The Fire and Rescue Services Act 2004 (Consequential Amendments) (England) Order 2004 (S.I. 2004/3168), arts. 1(1), 38(a); and words in reg. 6(1) substituted (W.) (25.10.2005) by The Fire and Rescue Services Act 2004 (Consequential Amendments) (Wales) Order 2005 (S.I. 2005/2929), arts. 1(1), 38(a)

F4 Words in reg. 6(2) inserted (1.4.2004) by The Health and Social Care (Community Health and Standards) Act 2003 (Supplementary and Consequential Provision) (NHS Foundation Trusts) Order 2004 (S.I. 2004/696), arts. 1(1)(b), 3(2), Sch. 2

F5 Words in reg. 6(2) substituted (E.) (30.12.2004) by The Fire and Rescue Services Act 2004 (Consequential Amendments) (England) Order 2004 (S.I. 2004/3168), arts. 1(1), 38(b); and words in reg. 6(2) substituted (W.) (25.10.2005) by The Fire and Rescue Services Act 2004 (Consequential Amendments) (Wales) Order 2005 (S.I. 2005/2929), arts. 1(1), 38(b)

F6 Words in reg. 6(2) added (1.4.2004) by The Health and Social Care (Community Health and Standards) Act 2003 (Supplementary and Consequential Provision) (NHS Foundation Trusts) Order 2004 (S.I. 2004/696), art. 1(1)(b), Sch. 1 para. 25

F7 Words in reg. 6(3)(b) omitted (3.7.2000) by virtue of The Greater London Highways and Road Traffic (Various Provisions) Order 2000 (S.I. 2000/1547), art. 1, Sch. 1 para. 2(3)

Marginal Citations

M1 1977 c.49. The definition of “National Health Service trust" in section 128(1) was inserted by section 26(2)(d) of the National Health Service and Community Care Act 1990 (c.19).

M2 1980 c.66.

M3 S.I. 1992/1217.