SCHEDULES
C2SCHEDULE 9 Special Provisions as to certain Orders
C1Part I Reserve Powers of Secretary of State
Sch. 9 Pt. I (paras. 1–12) applied by Road Traffic Act 1988 (c. 52, SIF 107:1), s. 19A(7) (as inserted by Road Traffic (Consequential Provisions) Act 1988 (c. 54, SIF 107:1), s. 4, Sch. 2 para. 22(1))
5
1
Paragraphs 1 to 4 above shall have effect in any case in which it appears to the Secretary of State that F1the council of a London borough or the Common Council of the City of London have failed in the exercise of the powers conferred on them by section 6 of this Act to make such provision for the control of heavy commercial vehicles in F1their area as is appropriate for preserving or improving the amenities of F1their area, as if—
a
the power conferred by paragraph 1 above to give a direction with respect to section 6 of this Act were a duty to give such a direction; and
b
the power to make an order under that section conferred by paragraph 3 above were a duty to make such an order or a similar order under section 9 of this Act.
2
Any reference in this Act to paragraph 1 or 3 above shall be construed as including a reference to that paragraph as modified by this paragraph.
Sch. 9: transfer of functions (23.3.2005) by The Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 2005 (S.I. 2005/849), art. 2, Sch. (with art. 6)