Transport Act 1968

PART IX Regulation of Road Traffic

126 Amendment of provisions as to regulation of traffic

(1) In the [1967 c. 76.] Road Traffic Regulation Act 1967 (hereafter in this Part of this Act referred to as "the principal Act"), in section 1(1) (which specifies the purposes for which a traffic regulation order may be made as respects any road outside Greater London)—

(a) in paragraph (a) (which enables such an order to be made for avoiding danger to persons or other traffic using the road or any other road) after the words " other road " there shall be inserted the words " or for preventing the likelihood of any such danger arising ";

(b) for paragraph (c) (which enables such an order to be made for facilitating the passage of vehicular traffic on the road or any other road) there shall be substituted the following:—

“(c) for facilitating the passage on the road or any other road of any class of traffic (including foot passengers) or of vehicles, or”;

(c) at the end of paragraph (e) there shall be added the words “or

(f) for preserving or improving the amenities of the area through which the road runs”.

(2) After subsection (3) of the said section 1 there shall be inserted the following subsection:—

“(3A) The provision which may be made by a traffic regulation order shall include any provision prohibiting, restricting or regulating the use of a road or any part of the width thereof by, or by any specified class of, foot passengers, either generally or subject to exceptions specified in the order, and either at all times or at times, on days or during period's so specified”;

and in subsection (8) of the said section 1 (which imposes penalties on a person who uses a vehicle, or causes or permits a vehicle to be used, in contravention of such an order) after the word " person" there shall be inserted the words " who contravenes a traffic regulation order or ".

(3) In the said section 1, after the subsection (3A) inserted by subsection (2) of this section there shall be inserted the subsections set out in Part I of Schedule 14 to this Act, being subsections making with respect to an order under the said section 1 relating to an area outside Greater London the like provision as is made with respect to an order under section 6 of the principal Act relating to Greater London by subsections (4) to (6) of the said section 6 as amended by subsection (7) of this section.

(4) In subsection (5) of the said section 1 (which prohibits the making of an order under that section with respect to any road which would have the effect of preventing such access as may be reasonably required for vehicles of any class to any premises situated on, adjacent to, or accessible for vehicles of that class from, and only from, that road)—

(a) for the words "preventing such access as may be reasonably required for vehicles of any class " there shall be substituted the words " preventing at any time access for foot passengers, or preventing for more than eight hours in any period of twenty-four hours access for vehicles of any class ";

(b) for the words " vehicles of that class " there shall be substituted the words " traffic of that class ";

(c) the words from " but" onwards (which provide that a restriction on the loading or unloading of goods shall not be treated as preventing access) shall cease to have effect.

(5) In subsection (6) of the said section 1 (which provides that subsection (5) of that section shall not have effect in so far as the authority making the order is satisfied that, for avoiding danger to persons or other traffic using the road to which the order relates or any other road or for preventing damage to the road or buildings on or near it, it should not apply)—

(a) after the words " subsection (5) above " there shall be inserted the words " so far as it relates to vehicles ";

(b) after the words "other road" there shall be inserted the words " or for preventing the likelihood of any such danger arising ";

(c) after the words " near it" there shall be inserted the words " or for facilitating the passage of vehicular traffic on the road ".

(6) In subsection (1) of section 6 of the principal Act (which relates to the purposes for which a traffic regulation order may be made as respects Greater London) after the word " Act" there shall be inserted the words " and for any other purpose which is a purpose mentioned in any of paragraphs (a) to (f) of section 1(1) of this Act ".

(7) In subsection (4) of the said section 6 (which provides that an order under that section may be so made as to prescribe any part of any street specified therein, or any time at which or period during which any provision contained therein is to apply, by reference to any traffic sign mentioned in the order)—

(a) for the words from " may " to " the order " there shall be substituted the words " may make provision for identifying any part of any road to which, or any time at which or period during which, any provision contained in the order is for the time being to apply by means of a traffic sign of a type or character specified in the order (being a type prescribed or character authorised under section 54 of this Act) ";

(b) for the words "for the time being placed by the Minister or the Greater London Council" (which relates to the placing of any such traffic sign) there shall be substituted the words " for the time being lawfully in place ";

(c) for the words "deemed to have been placed by the Minister or that Council" (which relate to the proof of the placing of any such traffic sign) there shall be substituted the words " deemed to be lawfully in place ";

and for the avoidance of doubt it is hereby declared that the said subsection (4) shall be deemed always to have had the like effect as if it had been enacted with the substitution provided for by paragraph (a) of this subsection.

(8) In section 9(3) of the principal Act—

(a) in paragraph (a) (which provides that an experimental traffic order made by a local authority shall not continue in force for longer than three months) for the word "three" there shall be substituted the word " six ";

(b) for the words from " but" onwards (which enable the appropriate Minister to direct that such an experimental traffic order shall continue in force for a further period ending not later than eighteen months after the order came into force) there shall be substituted the words " but, subject to sections 84A, 84B and 84C of this Act, where an experimental traffic order made by a local authority has not ceased to be in force, the authority may from time to time by order under this subsection direct that it shall continue in force for a further period not exceeding six months from the date when it would otherwise cease to be in force and ending not later than eighteen months after it first came into force ".

(9) In section 12 of the principal Act (which enables a highway authority to impose a temporary prohibition or restriction on the use of a road by vehicles or by vehicles of any class in certain circumstances)—

(a) in subsections (1) and (2), after the words " vehicles of any class " there shall in each case be inserted the words " or by foot passengers ";

(b) in subsection (1) (which enables such a prohibition or restriction to be imposed by reason of any works being executed or proposed to be executed on or near the road) after the words " near the road " there shall be inserted the words " or by reason of the likelihood of danger to the public or of serious damage to the highway ";

(c) in subsection (3), after the words " section 1(3) ", and in subsection (4) after the words "section 1(3)(a), (b) or (c)", there shall in each case be inserted the words " or (3a) ";

(d) at the end of subsection (3) there shall be added the words " but no such order or notice shall be made or issued with respect to any road which would have the effect of preventing at any time access for foot passengers to any premises situated on or adjacent to the road, or any other premises accessible for foot passengers from, and only from, the road ";

(e) in subsection (9) (which imposes penalties on a person who uses or permits the use of a vehicle in contravention of such a prohibition or restriction) after the word " person" there shall be inserted the words " who contravenes or ";

and in Schedule 3 to the principal Act (which relates to the notification of the exercise or proposed exercise of the powers conferred by the said section 12 and otherwise in relation thereto), in paragraph 2, after the word " vehicles " there shall be inserted the words " or, as the case may be, foot passengers ".

(10) With a view to facilitating the amendments to the principal Act made by the subsequent provisions of this Part of this Act—

(a) at the end of section 26 of the principal Act there shall be added the following subsection:—

“(10) Without prejudice to section 26A of this Act, this section shall not apply to Greater London”;

(b) after the said section 26 there shall be inserted the section 26A set out in Part II of Schedule 14 to this Act, being a section setting out the effect of the provisions of the said section 26 as they applied in Greater London immediately before the passing of this Act with minor modifications necessary in consequence of other provisions of this Part of this Act.

(11) In section 77 of the principal Act (which relates to temporary speed limits)—

(a) in subsection (1) (which provides that a speed limit may be imposed by an order under that subsection for a period not exceeding four months), for the words " four months " there shall be substituted the words " eighteen months ";

(b) subsection (4) (which provides that where any provisions of an order under the said subsection (1) having effect as respects any road cease at any time to have effect as respects that road, no order under the said subsection (1) shall make provision which would have effect as respects that road earlier than two months after that time) shall cease to have effect.

(12) In subsection (2) of section 97 of the principal Act (which sets out the provisions of that Act which, subject to the provisions of that section, are to apply to vehicles and persons in the public service of the Crown) at the end there shall be added the words " and, except in relation to vehicles and persons in the armed forces of the Crown when on duty, section 6 " ; and any order made, or having effect as if made, under section 6 of that Act and in force at the commencement of this subsection shall apply accordingly.

127 Amendment of provisions as to parking places

(1) After section 35(1) of the principal Act (which enables orders to be made designating parking places on highways for vehicles or vehicles of any class specified in the order and authorises the making by the local authority of charges for vehicles left in any parking place so designated) there shall be inserted the following subsection:—

“(1A) Any order under this section, whether made under subsection (1) above or under subsection (5) below, may designate any parking place for use, either at all times or at times specified in the order, only by such persons or vehicles, or such persons or vehicles of any class specified in the order, as may be authorised for the purpose by a permit from the authority operating the parking place; and that authority may, in the case of any particular parking place and any particular vehicle, or any vehicle of a particular class, instead of making a charge as mentioned in the said subsection (1) or (5), issue a permit for that vehicle to be left in that parking place while the permit remains in force either at all times or at such times as may be specified in the permit and make such charge in connection with the issue or use of that permit of such amount payable in such manner as the authority by whom the designation order was made may by order prescribe; but no charge shall be made by virtue of this subsection in respect of a public service vehicle.”

(2) In section 36(2) of the principal Act (which specifies certain matters which may be included in orders making provision for or in connection with the operation of parking places designated under the said section 35) at the end there shall be added the following paragraphs:—

“(i) for regulating the grant, revocation and surrender of any permit such as is mentioned in section 35(1A) of this Act and the issue, use and surrender of tokens indicating the holding of such a permit or the payment of any charge in connection with the issue or use of the permit, for requiring a vehicle to which such a permit applies to display the permit or such a token when left in any parking place to which the permit applies, and for treating the display of or failure to display the permit or such a token on any vehicle left at a parking place as evidence, and in Scotland sufficient evidence, of such facts as may be provided by the order;

(j) for the refund in such circumstances and in such manner as may be prescribed by the order of the amount of any charge paid in advance by virtue of the said section 35(1A).”

(3) In section 37 of the principal Act, after subsection (5) (which relates to the inspection and testing of parking meters) there shall be added the following subsection:—

“(6) Where provision is made for the use of apparatus other than parking meters, subsection (5) above shall apply to such apparatus as it applies to a parking meter.”

(4) In section 42(1)(a) of the principal Act (which imposes a penalty for leaving a vehicle in a parking place designated by an order under the said section 35 otherwise than as authorised by an order relating to the parking place) after the words "authorised by" there shall be inserted the words " or under ".

(5) After section 42(4) of the principal Act there shall be inserted the following subsection:—

“(4A) Where, in the case of any vehicle with respect to which there has been issued any authorisation by way of such a certificate, other means of identification or device as is referred to in section 1(3C) or (3D) or section 6(5) or (6) or such a permit or token as is referred to in section 36(2)(i) of this Act, the authority by whom any parking place designated by a designation order is controlled is satisfied that, in accordance with the terms on which the authorisation was issued, a charge has become payable and has not been paid in respect of any period for which that vehicle has been left in that parking place, acceptance by that authority of payment of the amount of that charge shall be a bar to proceedings for an offence under subsection (1)(a) above of failing duly to pay the charge.”

(6) In section 44(3) of the principal Act (which sets out the purposes for which the Greater London Council or any other local authority may apply any surplus in the account of their income and expenditure in respect of parking places designated under section 35 of that Act) at the end there shall be added the following paragraph:—

“(d) if it appears to the local authority that the provision in their area of further parking accommodation for vehicles otherwise than on highways is for the time being unnecessary or undesirable, the following purposes, namely—

(i) meeting costs incurred, whether by the local authority or by some other person, in the provision or operation of, or of facilities for, public passenger transport services;

(ii) purposes of a project connected with the carrying out by the appropriate highway authority (whether or not the local authority) of any operation which within the meaning of the [1959 c. 25.] Highways Act 1959 constitutes the improvement of a highway in the local authority's area or, in the case of an authority in Scotland, of any work or operation on any highway in the local authority's area which is authorised by any of the enactments specified in subsection (3A) below.”

(7) After the said section 44(3) there shall be inserted the following subsection:—

“(3A) The enactments referred to in subsection (3)(d)(ii) above are—

(a) sections LXXXIV, LXXXV, XCIV and C of Schedule C to the [1878 c. 51.] Roads and Bridges (Scotland) Act 1878;

(b) section 130 of the [1892 c. 55.] Burgh Police (Scotland) Act 1892;

(c) section 8(5) of the [1909 c. 47.] Development and Road Improvement Funds Act 1909 ;

(d) section 58 of the [1930 c. 43.] Road Traffic Act 1930;

(e) section 4 of the [1935 c. 47.] Restriction of Ribbon Development Act 1935 ;

(f) section 3(2) of the [1946 c. 30.] Trunk Roads Act 1946 ;

(g) the [1950 c. 24.] Highways (Provision of Cattle Grids) Act 1950;

(h) section 45 of the [1956 c. 67.] Road Traffic Act 1956.”

(8) In section 85(2)(c)(ii) of the principal Act (under which, where the driver of a vehicle is alleged to be guilty of an offence against section 42 of that Act in connection with a parking place, the owner of the vehicle must give such information as to the identity of the driver as may be required, in writing, by or on behalf of the local authority for that parking place) after the word " offence " there shall be inserted the words " under section 31(3) or ".

(9) In section 86(1) (which relates to the forgery of, and certain other offences in connection with, a ticket issued by a parking meter)—

(a) in paragraph (a), after the words "meter, or" there shall be inserted the words " any authorisation by way of such a certificate, other means of identification or device as is referred to in section 1(3C) or (3D) or section 6(5) or (6) or such a permit or token as is referred to in section 36(2)(i) of this Act, or ";

(b) in paragraph (b), after the words " such ticket" there shall be inserted the words " or authorisation ".

(10) At the end of the said section 86, there shall be added the following subsections:—

“(3) A person who knowingly makes a false statement for the purpose of procuring the grant or issue to himself or any other person of any such authorisation as aforesaid shall be liable on summary conviction to a fine not exceeding £100 or to imprisonment for a term not exceeding four months or to both such fine and such imprisonment.

(4) If any person authorised in that behalf by or under a designation order has reasonable cause to believe that a document or article carried on a vehicle or by the driver or person in charge thereof is a document or article in relation to which an offence has been committed under subsection (1) above (so far as that subsection relates to such authorisations as are referred to in that subsection) or under subsection (3) above, he may detain that document or article and may for that purpose require the driver or person in charge of the vehicle to deliver up the document or article ; and if the driver or person in charge of the vehicle fails to comply with that requirement he shall be liable on summary conviction to a fine not exceeding £50.

(5) When a document or article has been detained under subsection (4) above and at any time after the expiration of six months from the date when that detention began no person has been charged since that date with an offence in relation to the document or article under subsection (1) or (3) above, and the document or article has not been returned to the person to whom the authorisation in question was issued or to the person who at that date was the driver or person in charge of the vehicle, then, on an application made for the purpose to a magistrates' court (or, in Scotland, on a summary application made for the purpose to the sheriff court) by one of the following persons, namely, the person to whom the authorisation was issued, the person who at the said date was the driver or person in charge of the vehicle, or the person for the time being having possession of the document or article, the court shall make such order respecting disposal of the document or article and award such costs (or, in Scotland, expenses) as the justice of the case may require”.

(11) So much of section 97(2) of the principal Act as limits the extent to which section 42 of that Act is to apply to vehicles and persons in the public service of the Crown shall cease to have effect.

(12) Section 26 of the [1967 c. xx.] Greater London Council (General Powers) Act 1967 (which makes in the enactments re-enacted by sections 35 and 36 of the principal Act and in sections 233, 235 and 237 of the Act of 1960 amendments as respects Greater London for purposes similar to those of subsections (1), (2), (9) and (10) of this section) shall cease to have effect.

128 Powers as to parking, etc., of public service vehicles

(1) In subsection (1) of section 15 of the principal Act (which enables a local authority to make orders for determining the highways which may or may not be used by public service vehicles and for fixing stands for such vehicles and places at which such vehicles may stop otherwise than to take up or set down passengers) at the end there shall be added the words " and any such order may be made—

(a) so as to apply only to such vehicles of a specified class; or

(b) so as to have effect as respects a limited period only or as respects only limited periods in the year,

and may make different provision for different classes of such vehicles."

(2) So much of subsection (6) of the said section 15 as limits the period for which an order under the said subsection (1) may remain in operation, that is to say, the words " unless previously revoked shall remain in operation for three years, but may be renewed from time to time for a like period, and ", shall cease to have effect.

(3) In subsection (1)(a) of section 33 of the principal Act (which provides that where a local authority provide a parking place which may be used by public service vehicles, they may by order appoint that parking place as a station for such vehicles) after the word " for " there shall be inserted the words " or for a specified class of ".

(4) In subsection (2)(a) of the said section 33 (which empowers a local authority, with the consent of the Minister, to do all such things as are necessary to adapt a parking place appointed under that section as a station for public service vehicles for use as such a station) the words " with the consent of the Minister " shall cease to have effect.

(5) In subsection (3) of the said section 33 (under which the charges for the use of a parking place by public service vehicles are to be such as may be determined by the Minister) for the words " the Minister " there shall be substituted the words " the appropriate traffic commissioners ".

129 Traffic signs, bollards, etc.

(1) In section 13 of the principal Act (which relates to traffic regulation on special roads) after subsection (3) there shall be inserted the following subsection:—

“(3A) Where by regulations made under subsection (2) above a limit of speed is to be observed, then, if it is to be observed—

(a) on all special roads; or

(b) on all special roads provided for the use of particular classes of traffic; or

(c) on all special roads other than special roads of such description as may be specified in the regulations; or

(d) as mentioned in paragraph (a), (b) or (c) above except for such lengths of special road as may be so specified,

section 75 of this Act shall not apply in relation to that limit without prejudice to its application in relation to any lower limit of maximum speed or, as the case may be, higher limit of minimum speed required by any such regulations to be observed on any specified length of any specified special road.”

(2) In section 56(3) of the principal Act (which imposes upon the Greater London Council certain duties as respects traffic signs placed by the Minister or the Council in the exercise of the powers conferred by subsection (1) of that section)—

(a) for the words from " placed" to " by subsection (1) above" there shall be substituted the words " lawfully in place in Greater London which is required in connection with an order under section 6 or 9 of this Act ";

(b) in paragraph (a), for the words " the order in connection with which it was placed " there shall be substituted the words " any such order in connection with which it is required ";

(c) in paragraph (b), for the words " upon that order ceasing to have effect" there shall be substituted the words " if it ceases to be required in connection with any such order ".

(3) After the said section 56 there shall be inserted the section 56A set out in Part III of Schedule 14 to this Act, being a section to confer in connection with certain orders made by traffic authorities powers with respect to traffic signs.

(4) In section 62(1) of the principal Act (which relates to the power of the appropriate Minister with respect to traffic signs in default of compliance by a highway authority or bridge authority with certain directions) and in section 63 of the principal Act (which confers upon a highway authority or bridge authority certain powers to enter upon land for the purpose of their powers in connection with traffic signs) for the words " or bridge authority " there shall be substituted the words " bridge authority or authority to whom section 56A of this Act applies ".

(5) In section 68 of the principal Act (which empowers the appropriate Minister to make advances to certain authorities in respect of expenditure incurred in connection with traffic signs) at the end there shall be added the following subsection :—

“(4) The power of the appropriate Minister under this section to make advances towards expenses incurred in relation to traffic signs shall be exercisable with respect to any expenses incurred under section 56A of this Act by an authority to whom that section applies or by a highway authority.”

(6) In section 69(1) of the principal Act (which makes provision for the placing of bollards or other obstructions where the passage of vehicles is prohibited at any point of a road by an order made under section 1 of that Act)—

(a) after the word " road" there shall be inserted the words " outside Greater London "; and

(b) after the words " section 1 " there shall be inserted the words " or 9 ".

(7) After the said section 69(1) there shall be inserted the following subsection:—

“(1A) The bollards or other obstructions which may be placed under subsection (1) above—

(a) shall include obstructions of any description whatsoever ;

(b) may be either fixed or movable ; and

(c) may be placed so as to prevent the passage of vehicles either at all times or at certain times only;

and where the powers conferred by that subsection have been exercised with respect to two or more points of a road so that the passage of vehicles along a stretch of that road is prevented, those powers shall extend to placing, or authorising the placing, of further obstructions on that stretch of road; but any obstructions placed under those powers shall not be so placed as to prevent at any time the passage of foot passengers past the point or along the stretch of road in question and shall not be of such a nature that the reopening of the road in question to vehicles would be unreasonably difficult or as to alter the nature of the surface of the road.”

(8) After section 70(1) of the principal Act (which makes provision for the placing of bollards or other obstructions where the passage of vehicles at any point of a road in Greater London is prohibited by an order made under section 6 or 9 of that Act) there shall be inserted the following subsection:—

“(1A) Subsection (1A) of section 69 of this Act shall apply in relation to the placing of bollards or other obstructions under subsection (1) above as if for any reference in the said subsection (1A) to subsection (1) of that section there were substituted a reference to subsection (1) above.”

(9) In section 82 of the principal Act (which relates to the exercise with respect to boundary roads of powers conferred by certain provisions)—

(a) in subsection (1) (which relates to roads where any part of the width of the road is in Greater London), after the sectional reference " 9 " there shall be inserted the sectional reference " 56 ";

(b) in subsection (3) (which relates to roads outside Greater London in the case of which different parts of the width of the road are in the area of different local authorities), after the sectional reference " 46(1) " there shall be inserted the sectional reference " 56A ".

130 Increase of responsibility of local authorities in connection with road traffic

(1) The provisions of this section shall have effect with a view to conferring greater freedom and responsibility with respect to the regulation of road traffic on local authorities subject to reserve powers for the appropriate Minister to ensure the discharge of that responsibility.

(2) Sections 35 to 40 of the principal Act (which relate to parking places on highways where charges are made) shall have effect subject to the amendments specified in Part IV of Schedule 14 to this Act, being amendments which, together with the relevant consequential amendments and repeals provided for by subsection (6)(a) and (b) of this section, are designed, subject to the provision made by subsection (5) of this section—

(a) to make permanent the transfer of functions under those sections outside Greater London from the appropriate Minister to the local authority which was effected by the orders made, or having effect as if made, under sections 35(8) and 39(3) of the principal Act in force immediately before the passing of this Act;

(b) to restate the respective functions of the Minister and the Greater London Council under the said sections 35 to 40 in terms of a corresponding transfer of functions instead of in terms of functions exercisable concurrently by the Minister and that Council but, in the case of the Minister, only in certain special circumstances.

(3) In section 84(1) of the principal Act and in section 9(2) of the [1963 c. 33.] London Government Act 1963 (which provide that it shall be the duty of the Greater London Council so to exercise the functions conferred on them by the principal Act or, as the case may be, by sections 14 to 19 of the said Act of 1963 as, so far as practicable having due regard to—

(a) the desirability of securing and maintaining reasonable access to premises,

(b) the effect on the amenities of any locality affected, and

(c) any other matters appearing to the Council to be relevant,

to secure the expeditious, convenient and safe movement of vehicular and other traffic (including foot passengers) and the provision of suitable and adequate parking faculties on and off the highway), after the word " affected " in paragraph (b) there shall in each case be inserted the following:—

“(bb) the importance of facilitating the passage of public service vehicles and of securing the safety and convenience of persons using or desiring to use such vehicles”.

(4) With a view to imposing upon any other local authority upon whom functions are conferred by or under the principal Act the like duty with respect to the exercise of those functions as is imposed upon the Greater London Council by the said section 84(1), in the said section 84(1)—

(a) after the words " Greater London Council" there shall be inserted the words " and every other local authority upon whom functions are conferred by or under this Act ";

(b) in paragraph (c), after the word " Council" there shall be inserted the words " or, as the case may be, the authority ".

(5) After the said section 84, there shall be inserted the sections 84A, 84B, 84C, 84D and 84E set out in Part V of Schedule 14 to this Act, which—

(a) by the said section 84A, empower the appropriate Minister to give directions or make orders for the purpose of securing compliance with the duty imposed upon the Greater London Council and other local authorities by subsection (1) of the said section 84 as amended by subsections (3) and (4) of this section;

(b) by the said section 84B, require the consent of the appropriate Minister to the inclusion of certain provisions in orders proposed to be made by the said Council or other authorities ;

(c) by the said section 84C, make provision as to procedure in connection with the making of certain orders by the said Council or other authorities and the obtaining of any consent of a Minister required to those orders;

(d) by the said section 84D, make provision as to the variation or revocation, and as to the making by Ministers, of certain orders ;

(e) by the said section 84E, extend to further orders the provisions of section 41 of the principal Act with respect to the right to challenge certain orders in legal proceedings.

(6) In consequence of the foregoing provisions of this section or of other provisions of this Part of this Act or of the provisions of section 25 of (the [1967 c. 69.] Civic Amenities Act 1967—

(a) the principal Act shall have effect subject to the further amendments specified in Part VI of Schedule 14 to this Act;

(b) the provisions of the principal Act specified in Part II of Schedule 18 to this Act shall cease to have effect, being provisions which are superseded by the provision made by subsection (5) of this section and which relate to—

(i) the exercise of certain functions by the appropriate Minister concurrently with their exercise by local authorities;

(ii) the requirement of the appropriate Minister's confirmation of, or consent to, certain orders;

(iii) the procedure to be followed in connection with certain orders; or

(iv) the variation or revocation, or the making by Ministers, of certain orders, or which are otherwise rendered unnecessary by the provisions of this Part of this Act;

(c) in section 153(4) of the Act of 1960, for the words from " advising the Minister " onwards there shall be substituted the words " advising a local authority on the making of an order under section 15 or 33 of the [1967 c. 76.] Road Traffic Regulation Act 1967 or determining the charges referred to in subsection (3) of the said section 33 ";

(d) in paragraph 18 of Schedule 1 to the [1962 c. 59.] Road Traffic Act 1962 as amended by Schedule 6 to the principal Act, after the words " 26(6)" there shall be inserted the words " or 26A(5) ";

(e) in section 14(2) of the [1963 c. 33.] London Government Act 1963 as amended by the said Schedule 6, at the end there shall be added the words " or by virtue of section 84A(2) or (4) of that Act ".

131 Enforcement-fixed penalties and traffic wardens

(1) In subsection (1) of section 80 of the principal Act (which provides for the provisions of that section with respect to punishment without prosecution to apply, subject to the proviso to that subsection, to the offences specified in paragraphs (a) to (c) thereof)—

(a) in paragraph (a) (which specifies the offence committed in respect of a vehicle by its being left or parked on a road during the hours of darkness without the lights or reflectors required by law), the words " left or parked " shall cease to have effect;

(b) at the end of paragraph (c) there shall be inserted the words “or

(d) by its being used in contravention of any provision of an order made or having effect as if made under section 1, 6 or 9, or of regulations made or having effect as if made under section 11, of this Act, being a provision—

(i) as to the route to be followed by vehicles of the class to which that vehicle belongs; or

(ii) as to roads which are not to be used for traffic by such vehicles ; or

(iii) as to the places where such vehicles may not turn so as to face in the opposite direction to that in which they were proceeding or as to the conditions under which such vehicles may so turn; or

(e) by any such use of the vehicle in contravention of section 64(2) of the [1960 c. 16.] Road Traffic Act 1960 (which relates to the contravention of construction and use regulations) as the Secretary of State may by order specify, not being a use which constitutes an offence specified in Part II of Schedule 1 to the [1962 c. 59.] Road Traffic Act 1962 (which relates to offences involving disqualification) ; or

(f) by its being used or kept on a public road within the meaning of the [1962 c. 13.] Vehicles (Excise) Act 1962 without a licence under that Act being exhibited on the vehicle in the manner prescribed under that Act”.

(2) In subsection (5) of the said section 80 (which provides for payment of a fixed penalty under that section to be made to such justices' clerk within the meaning of section 27 of the [1949 c. 101.] Justices of the Peace Act 1949 as may be prescribed) at the end there shall be added the words " and where, in England or Wales, by virtue of regulations made for the purposes of this subsection, a justices' clerk for a petty sessions area comprised in the area of one responsible authority within the meaning of the said section 27 discharges functions in connection with a fixed penalty for an offence alleged to have been committed in a petty sessions area comprised in the area of another such authority—

(a) that other authority shall make to the first-mentioned authority such payment in connection with the discharge of those functions as may be agreed between them or, in default of such agreement, as may be determined by the Secretary of State ; and

(b) any such payment between responsible authorities shall be taken into account in determining for the purposes of subsection (2) of the said section 27 the net cost to those authorities respectively of the functions referred to in that subsection ".

(3) In subsection (6) of the said section 80 (which provides that a notice under subsection (2) of that section shall specify the offence alleged, and give such particulars of the offence as are necessary for giving reasonable information of the allegation) for the words from " specify " to " allegation " there shall be substituted the words " give such particulars of the circumstances alleged to constitute the offence as are necessary for giving reasonable information thereof ".

(4) In subsection (1) of section 81 of the principal Act (by virtue of which traffic wardens may be appointed to discharge in aid of the police such functions normally undertaken by the police in connection with the control and regulation of road traffic or with the enforcement of the law relating to road traffic as may be prescribed by an order under subsection (3) of that section) for the words from " in connection " to " relating to road traffic " there shall be substituted the words " in connection with the control and regulation of, or the enforcement of the law relating to, traffic (including foot passengers) or vehicles ".

(5) In subsection (2) of the said section 81, for the words " road traffic or road vehicles" there shall be substituted the words " traffic (including foot passengers) or vehicles ".

(6) After subsection (4) of the said section 81 there shall be inserted the following subsections:—

“(4A) An order under subsection (3) above may provide that, for the purposes of any functions which traffic wardens are authorised to discharge by the order and subject to the provisions of subsection (4B) below, references to a constable or police constable in all or any of the following enactments shall include references to a traffic warden, that is to say—

(a) section 52 of the [1839 c. 47.] Metropolitan Police Act 1839, so far as it relates to the giving by the commissioner of directions to constables for preventing obstruction;

(b) section 22 of the local Act of the second and third year of the reign of Queen Victoria, chapter 94, so far as it makes similar provision with respect to the City of London;

(c) in the [1960 c. 16.] Road Traffic Act 1960—

(i) sections 14 and 15 (which relate to compliance with traffic directions given by police constables);

(ii) section 223 (which relates to the power of a constable to stop vehicles);

(iii) section 225(1) and (4) (which relate to the power of a constable to require the production of a driving licence in certain circumstances);

(iv) sections 226 and 229 (which relate to the powers of constables to obtain names and addresses of drivers and others and to require production of evidence of insurance or security and test certificates) ;

(v) section 242 (which relates to the giving of certain evidence by certificate);

(d) section 89 of this Act.

(4B) Any power of a constable for the purposes of the following provisions of the Road Traffic Act .1960, namely, sections 223 , 225(1) and (4) and 226, shall be exercisable by a traffic warden under an order made by virtue of subsection (4A) above only where—

(a) the traffic warden is assisting a constable; or

(b) the traffic warden has reasonable cause to believe that an offence has been committed of a description specified in relation to the section in question for the purposes of this paragraph by the order and, in the case of a power for the purposes of the said section 226, the order authorises the use of that power in relation to that offence; or

(c) in the case of a power for the purposes of the said section 223, the traffic warden is exercising functions in connection with the control and regulation of traffic (including foot passengers) or vehicles.”

132 Application of principal Act to Isles of Stilly

After section 108 of the principal Act there shall be inserted the following section:—

“108A Application to Isles of Scilly.

(1) The Minister may, after consultation with the Council of the Isles of Scilly, by order provide that any provision of this Act specified in the order shall apply to the Isles, subject to such modifications as may be so specified, as if the Isles were a separate county or a county district.

(2) The power to make orders conferred by this section shall be exercisable by statutory instrument and shall include power to make an order varying or revoking any previous order under this section.”

133 Principal Act to be printed as amended by this Act

(1) A copy of the [1967 c. 76.] Road Traffic Regulation Act 1967 as amended by this Part of this Act, by the [1967 c. 77.] Police (Scotland) Act 1967 and by the [1968 c. 59.] Hovercraft Act 1968 shall be prepared and certified by the Clerk of the Parliaments and deposited with the rolls of Parliament; and, except for the purposes of any volume containing the Public General Acts and Measures of 1967, any copy of the first-mentioned Act to be printed by Her Majesty's printer after the last of the appointed days for the purposes of the provisions of this Part of this Act shall be printed in accordance with the copy so certified and be marked with a statement to the effect that in pursuance of this section it is printed as amended as aforesaid.

(2) If any copy of the principal Act as amended as aforesaid prepared in accordance with the copy certified as aforesaid is printed and published by Her Majesty's printer after the passing of this Act but before the last of the appointed days aforesaid, it shall be marked both with such a statement as aforesaid and with a statement to the effect that it represents the principal Act as it will have effect after the last of those days.