SCHEDULES
C8SCHEDULE 9 Special Provisions as to certain Orders
C7Part I Reserve Powers of F20national authority
Words in Sch. 9 Pt. I substituted (23.5.2016) by Scotland Act 2016 (c. 11), s. 72(7), Sch. 2 para. 14(2)
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))
C1F1 1
Subject to paragraphs 8 and 26 of this Schedule, the F21national authority , after consultation with F17a strategic highways company or 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, F214 (in so far as the power under that section is exercisable by virtue of section 22C), 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 F22authorised authority a direction under paragraph 2 below with respect to any of those provisions.
2
A direction under this paragraph is a direction either—
a
b
prohibiting the F23authorisedF3 . . . authority (either generally, or without the consent of the F24national authority , 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.
3
C21
2
C34
Where the F27 national authority has made an order by virtue of paragraph 3 above—
a
so far as appears to F28the national authority necessary in order to make the order effective, F29the national authority , or (except where the power is a power of F5the 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 F29the national authority may make arrangements for the purpose, shall have power to do anything which F6. . . the authorised authority would have had power to do if the order had been made by them, and
5
1
Paragraphs 1 to 4 above shall have effect in any case in which it appears to the Secretary of State that F8the 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 F8their area as is appropriate for preserving or improving the amenities of F8their 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.
6
1
Where by virtue of paragraph 3 above a parking place has been designated under section 45 F9. . . of this Act by an order of the F30national authority , then if, with the consent of the Treasury, the F30national authority enters into an agreement with the local authority F9. . . for the transfer to that authority F9. . . of the operation of that parking place—
a
the operation of the parking place, and such apparatus or other things held by, and rights or liabilities of, the F30national authority 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 F30national authority ) 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 F30national authority to be requisite in consequence of the transfer as F31the national authority may direct; and
2
In this paragraph “local authority” has the meaning assigned to it by section 45(7) of this Act.
C47
1
Subject to paragraph 8 below, the F39national authority , after giving notice to F12. . . the authorised authority concerned and holding, if F40national authority 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 F12. . . paragraph 1 above.
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.
F183
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
C58
The F32national authority shall not give any direction under paragraph 2 above or, subject to paragraph 9 below, make any order under paragraph 7 above unless F33the national authority is satisfied, having regard to any matters appearing to F34the national authority to be relevant, that the duty under section 122(1) of this Act of F13. . . the authorised authority concerned is not being satisfactorily discharged by the F35authorised F13. . . authority, and that the giving of the direction or the making of the order is necessary to secure compliance with that duty.
C69
The F36national authority may make an order under paragraph 7 above notwithstanding that F37the national authority is not satisfied as mentioned in paragraph 8 above, if F37the national authority is satisfied, having regard to any matters appearing to F38the national authority to be relevant, that there are special circumstances which make it expedient that the order should be made.
10
Where 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.
F1411
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
12
Where the Secretary of State—
a
gives a direction under paragraph 2 above requiring a county council F15or 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.
F1912ZA
A power conferred upon the Scottish Ministers by this Schedule, so far as it relates to the exercise of a power under this Act by virtue of section 22C, is exercisable only with the consent of the Secretary of State.
F1612B
A 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.
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)