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SCHEDULES

SCHEDULE 9E+W+S Special Provisions as to certain Orders

Modifications etc. (not altering text)

Part IE+W+S Reserve Powers of Secretary of State

Modifications etc. (not altering text)

[F11Subject to paragraphs 8 and 26 of this Schedule, the Secretary of State, after consultation with a local authority having power to make an order under or by virtue of any of the following provisions of this Act, namely, sections 1, 6, 9, 19,32, 35, 37, 38, 45, 46, 49(2) and (4), 53, 83(2) and 84 (in this Part of this Schedule referred to as an ''authorised authority’’) may give to that authority a direction under paragraph 2 below with respect to any of those provisions.]

Textual Amendments

Modifications etc. (not altering text)

C3Sch. 9 para. 1: Transfer of certain functions (1.7.1999) by S.I. 1999/1750, arts. 1, 2, Sch. 1 (with art. 7); S.I. 1998/3178, art. 3

2E+W+SA direction under this paragraph is a direction either—

(a)requiring the F2. . . authorised authority F2. . . to make an order under or by virtue of the provision or provisions in question for a specified purpose and coming into operation before the expiry of a specified period, or

(b)prohibiting the F2 . . . authority (either generally, or without the consent of the Secretary of State, or for a specified period) from making or bringing into operation an order under or by virtue of the provision or provisions in question with respect to specified matters or a specified area.

Textual Amendments

3(1)Any power to make an order conferred on F3. . . an authorised authority by any of the provisions specified in F3. . . paragraph 1 above shall, subject to sub-paragraph (2) below, be exercisable by the Secretary of State as well as by the F3. . . authority.E+W+S

(2)No order shall be made by virtue of sub-paragraph (1) above except for the purpose of securing the object of a direction under paragraph 2 above given to F3. . . an authorised authority with which the F3. . . authority have failed to comply.

Textual Amendments

Modifications etc. (not altering text)

C4Sch. 9 para. 3(1): Transfer of certain functions (1.7.1999) by S.I. 1999/1750, arts. 1, 2, Sch. 1 (with art. 7); S.I. 1998/3178, art. 3

4E+W+SWhere the Secretary of State has made an order by virtue of paragraph 3 above—

(a)so far as appears to him necessary in order to make the order effective, he, or (except where the power is a power of [F4the council of a London borough or the Common Council of the City of London under section 6, 9, 45, 46, 49(2) or (4), 83(2) or 84 of this Act]) any other local authority with whom he may make arrangements for the purpose, shall have power to do anything which F5. . . the authorised authority would have had power to do if the order had been made by them, and

(b)he may recover from the F6. . . authorised authority any expenses incurred by him by virtue of sub-paragraph (a) above (such expenses, in England or Wales, to be so recoverable by him summarily as a civil debt).

Textual Amendments

Modifications etc. (not altering text)

C5Sch. 9 para. 4: Transfer of certain functions (1.7.1999) by S.I. 1999/1750, arts. 1, 2, Sch. 1 (with art. 7); S.I. 1998/3178, art. 3

5(1)Paragraphs 1 to 4 above shall have effect in any case in which it appears to the Secretary of State that [F7the 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 [F7their area] as is appropriate for preserving or improving the amenities of [F7their 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

6(1)Where by virtue of paragraph 3 above a parking place has been designated under section 45 F8. . . of this Act by an order of the Secretary of State, then if, with the consent of the Treasury, the Secretary of State enters into an agreement with the local authority F8. . . for the transfer to that authority F8. . . of the operation of that parking place—E+W+S

(a)the operation of the parking place, and such apparatus or other things held by, and rights or liabilities of, the Secretary of State in connection with the parking place as may be specified in the agreement, shall be transferred as from such date and on such terms (including terms as to the making of payments to or by the Secretary of State) as may be so specified;

(b)from the taking effect of any such transfer of the operation of the parking place, the order designating the parking place shall have effect subject to such modifications (if any) appearing to the Secretary of State to be requisite in consequence of the transfer as he may direct; and

(c)the provisions of sections 45 to [F949] and section 55 of this Act shall thereafter apply as if the parking place had been designated under section 45 by an order made by F10. . . the local authority F10. . .

(2)In this paragraph “local authority” has the meaning assigned to it by section 45(7) of this Act.

Textual Amendments

7(1)Subject to paragraph 8 below, the Secretary of State, after giving notice to F11. . . the authorised authority concerned and holding, if he thinks fit, a public inquiry, may by order vary or revoke any order made, or having effect as if made, under or by virtue of any of the provisions referred to in F11. . . paragraph 1 above.E+W+S

(2)This paragraph shall have effect without prejudice to any power to make an order for the like purpose by virtue of paragraph 3 above and Part IV of this Schedule.

(3)The power to make an order conferred by this paragraph shall be exercisable by statutory instrument.

Textual Amendments

Modifications etc. (not altering text)

C6Sch. 9 para. 7: Transfer of certain functions (1.7.1999) by S.I. 1999/1750, arts. 1, 2, Sch. 1 (with art. 7); S.I. 1998/3178, art. 3

8E+W+SThe Secretary of State shall not give any direction under paragraph 2 above or, subject to paragraph 9 below, make any order under paragraph 7 above unless he is satisfied, having regard to any matters appearing to him to be relevant, that the duty under section 122(1) of this Act of F12. . . the authorised authority concerned is not being satisfactorily discharged by the F12. . . authority, and that the giving of the direction or the making of the order is necessary to secure compliance with that duty.

Textual Amendments

Modifications etc. (not altering text)

C7Sch. 9 para. 8: Transfer of certain functions (1.7.1999) by S.I. 1999/1750, arts. 1, 2, Sch. 1 (with art. 7); S.I. 1998/3178, art. 3

9E+W+SThe Secretary of State may make an order under paragraph 7 above notwithstanding that he is not satisfied as mentioned in paragraph 8 above, if he is satisfied, having regard to any matters appearing to him to be relevant, that there are special circumstances which make it expedient that the order should be made.

Modifications etc. (not altering text)

C8Sch. 9 para. 9: Transfer of certain functions (1.7.1999) by S.I. 1999/1750, arts. 1, 2, Sch. 1 (with art. 7); S.I. 1998/3178, art. 3

10E+W+SWhere the Secretary of State—

(a)gives a direction under paragraph 2 above requiring a county council or district council to make an order under section 32(1) or 35(1) of this Act, or

(b)makes such an order by virtue of paragraph 3 above,

subsections (1) to (5) of section 39 of this Act shall not apply in relation to anything done in pursuance of the direction or, as the case may be, in relation to the making of the order by the Secretary of State.

11Where the Secretary of State—

(a)gives a direction under paragraph 2 above requiring a county council or district council in Wales to make an order under any of the provisions specified in section 54(1) of this Act, or

(b)by virtue of paragraph 3 above, makes such an order in relation to a parking place in Wales,

nothing in subsections (1) to (4) of section 54 of this Act shall apply in relation to anything done in pursuance of the direction or, as the case may be, in relation to the making of the order by the Secretary of State.

12E+W+SWhere the Secretary of State—

(a)gives a direction under paragraph 2 above requiring a county council [F13or metropolitan district council] or parish or community council to make an order under section 35(1) of this Act in relation to a parking place provided by a parish or community council, or

(b)by virtue of paragraph 3 above, makes such an order in relation to such a parking place,

neither subsections (4) and (5) nor subsection (7) of section 59 of this Act shall apply in relation to anything done in pursuance of the direction or, as the case may be, in relation to the making of the order by the Secretary of State.

Textual Amendments

Valid from 19/01/2005

[F1412AE+W+SArticle 2 of the Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 1999 (SI 1999/1750) shall not apply to a provision of this Schedule in so far as it relates to the exercise of a power under this Act by virtue of section 22C.

Textual Amendments

Valid from 19/01/2005

12BE+W+SA power conferred upon the Secretary of State by this Schedule shall, in so far as it relates to the exercise of a power under this Act by virtue of section 22C, be exercisable in relation to Wales by the National Assembly for Wales with the consent of the Secretary of State.]

Textual Amendments