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—E+W+S
(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.
Textual Amendments
F1Words substituted by Local Government Act 1985 (c. 51, SIF 81:1), ss. 1, 2, 8(1), Sch. 5 para. 4(39)(c)