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Road Traffic Regulation Act 1984

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Part IVE+W+S Variation or Revocation of Certain Orders

Modifications etc. (not altering text)

C3Sch. 9 Pt. IV applied (with modifications)(6.3.1992) by Aberdeen Harbour Order Confirmation Act 1992 (c. ii), s. 1, Sch. s. 3(2).

C4Sch. 9 Pt. IV applied (with modifications) (23.2.2017) by High Speed Rail (London - West Midlands) Act 2017 (c. 7), s. 70(1), Sch. 25 para. 10(3)

C5Sch. 9 Pt. 4 applied (with modifications) (11.2.2021) by High Speed Rail (West Midlands - Crewe) Act 2021 (c. 2), s. 64(1), Sch. 30 para. 10(3)

27(1)Subject to [F1sub-paragraphs (2) [F2, (2A), (3) and (4)]] below, any power to make an order as respects any road or parking place conferred by or by virtue of any of the following provisions of this Act, namely, sections 1, 6, 9, [F314][F416A]19, 29, F5. . . 32, 35, 37, 38, 45, 46, 49(2) and (4), 50, 53, 83 and 84 and paragraph 7 of this Schedule, shall include power for the authority for the time being having power to make such an order as respects that road or parking place to make an order varying or revoking any previous order as respects that road or parking place made, or having effect as if made, under or by virtue of the provision in question, whether the previous order was made by that or some other authority, and notwithstanding that the previous order was, and the order varying or revoking it is not, made in pursuance of a power exercisable by statutory instrument.E+W

(2)Sub-paragraph (1) above shall have effect—

(a)subject to sections 39(6), F6. . . and 59(6) of this Act, and

(b)without prejudice to section 50(6) of this Act.

[F7(2A)Where an order is required for the provision of facilities or the taking of measures pursuant to an advanced quality partnership scheme made under Part 2 of the Transport Act 2000 by more than one authority—

(a)it may not be varied or revoked by virtue of this paragraph by the Secretary of State unless the Secretary of State has consulted the other authority or authorities who made the scheme, and

(b)it may not be varied or revoked by virtue of this paragraph by any other authority without the consent of that other authority or those other authorities.]

[F8(3)Where an order is required for the provision of facilities pursuant to a quality partnership scheme made under Part II of the Transport Act 2000 by more than one authority—

(a)it may not be varied or revoked by virtue of this paragraph by the Secretary of State or the National Assembly for Wales unless he or it has consulted the other authority or authorities who made the scheme, and

(b)it may not be varied or revoked by virtue of this paragraph by any other authority without the consent of that other authority or those other authorities.]

[F9(4)Where an order is required for the provision of facilities or the taking of measures pursuant to an enhanced partnership scheme made under Part 2 of the Transport Act 2000 by more than one authority—

(a)it may not be varied or revoked by virtue of this paragraph by the Secretary of State unless the Secretary of State has consulted the other authority or authorities who made the scheme, and

(b)it may not be varied or revoked by virtue of this paragraph by any other authority without the consent of that other authority or those other authorities.]

Extent Information

E1This version of this provision extends to England and Wales only; a separate version has been created for Scotland only

Textual Amendments

F1Words in Sch. 9 para. 27(1) substituted (E.W.) (1.8.2001 for W. and 26.10.2001 for E.) by 2000 c. 38, s. 161, Sch. 11 para. 8(2); S.I. 2001/2788, art. 2, Sch. 1 para. 11; S.I. 2001/3342, art. 2, Sch.

F2Words in Sch. 9 para. 27(1) substituted (E.W.) (27.4.2017 for specified purposes, 27.6.2017 in so far as not already in force) by Bus Services Act 2017 (c. 21), ss. 16(8), 26(3)

F4Words in Sch. 9 para. 27(1) inserted (3.5.1994) by 1994 c. 11, s. 3(1), Sch. para. 5(2)

F5In Sch. 9 para. 27(1), reference to s. 30 repealed (1.11.1991) by New Roads and Street Works Act 1991 (c. 22, SIF 59, 108), s. 168(1)(2), Sch. 8 para. 80(7), Sch. 9; which repeal is in force for Scotland only by S.I. 1991/2286, art. 2(2), Sch. 2 and for England and Wales only by S.I. 1991/2288, art. 3, Sch.

F7Sch. 9 para. 27(2A) inserted (E.W.) (27.4.2017 for specified purposes, 27.6.2017 in so far as not already in force) by Bus Services Act 2017 (c. 21), ss. 16(9), 26(3)

F8Sch. 9 para. 27(3) inserted (E.W.) (1.8.2001 for W. and 26.10.2001 for E.) by 2000 c. 38, s. 161, Sch. 11 para. 8(3); S.I. 2001/2788, art. 2, Sch. 1 para. 11; S.I. 2001/3342, art. 2, Sch.

F9Sch. 9 para. 27(4) inserted (E.W.) (27.4.2017 for specified purposes, 27.6.2017 in so far as not already in force) by Bus Services Act 2017 (c. 21), ss. 16(10), 26(3)

27 F2(1) Subject to [F16 sub-paragraphs (2) and (3) ] below, any power to make an order as respects any road or parking place conferred by or by virtue of any of the following provisions of this Act, namely, sections 1, 6, 9, [F17 14 ] [F18 16A ] 19, 29, F19 . . .32, 35, 37, 38, 45, 46, 49(2) and (4), 50, 53, 83 and 84 and paragraph 7 of this Schedule, shall include power for the authority for the time being having power to make such an order as respects that road or parking place to make an order varying or revoking any previous order as respects that road or parking place made, or having effect as if made, under or by virtue of the provision in question, whether the previous order was made by that or some other authority, and notwithstanding that the previous order was, and the order varying or revoking it is not, made in pursuance of a power exercisable by statutory instrument. S

(2)Sub-paragraph (1) above shall have effect—

(a) subject to sections 39(6), F20 . . . and 59(6) of this Act, and

(b)without prejudice to section 50(6) of this Act.

[F21(3)Where an order is required for the provision of facilities pursuant to a quality partnership scheme made under Part 2 of the Transport (Scotland) Act 2001 (asp 2) by more than one authority—

(a)it may not be varied or revoked by virtue of this paragraph by the Secretary of State or the Scottish Ministers unless he has, or they have, consulted the other authority or authorities who made the scheme; and

(b)it may not be varied or revoked by virtue of this paragraph by any other authority without the consent of the other authority or authorities who made the scheme.]

Extent Information

E2This version of this provision extends to Scotland only; a separate version has been created for England and Wales only

Textual Amendments

F2Words in Sch. 9 para. 27(1) substituted (E.W.) (27.4.2017 for specified purposes, 27.6.2017 in so far as not already in force) by Bus Services Act 2017 (c. 21), ss. 16(8), 26(3)

F16Words in Sch. 9 para. 27(1) substituted (1.7.2001) by 2001 asp 2, s. 83, Sch. 2 para. 3(3)(a) (with s. 66); S.S.I. 2001/132, art. 2(3), Sch. Pt. II (subject to transitional provisions in arts. 3, 4)

F18Words in Sch. 9 para. 27(1) inserted (3.5.1994) by 1994 c. 11, s. 3(1), Sch. para. 5(2)

F19In Sch. 9 para. 27(1), reference to s. 30 repealed (1.11.1991) by New Roads and Street Works Act 1991 (c. 22, SIF 59, 108), s. 168(1)(2), Sch. 8 para. 80(7), Sch. 9; which repeal is in force for Scotland only by S.I. 1991/2286, art. 2(2), Sch. 2 and for England and Wales only by S.I. 1991/2288, art. 3, Sch.

F21Sch. 9 para. 27(3) inserted (1.7.2001) by 2001 asp 2, s. 83, Sch. 2 para. 3(3)(b) (with s. 66); S.S.I. 2001/132, art. 2(3), Sch. Pt. II (subject to transitional provisions in arts. 3, 4)

28E+W+SFor the avoidance of doubt it is hereby declared that, subject to Part II of this Schedule, the power to vary or revoke an order made under or by virtue of any of the provisions referred to in paragraph 27(1) above extends to the variation or revocation of any such order in connection with the provision in question as is mentioned below, notwithstanding that it was made by, or by direction of, the Secretary of State [F10or the Scottish Ministers] , that is to say—

(a)an order made in pursuance of a direction under paragraph 2 of this Schedule;

(b)except where the provision in question is section 45, 46, 49, 50 or 53 of this Act, an order made by virtue of paragraph 3 of this Schedule;

(c)where the provision in question is section 45, 46, 49 F11. . . or 53 of this Act an order which is made by virtue of paragraph 3 of this Schedule and relates to a parking place for the time being controlled by the local authority within the meaning of section 45 of this Act F11. . . ; F12. . .

(d)an order under paragraph 7 of this Schedule [or].

F13[(e)an order under section 34 of the Deregulation and Contracting Out Act 1994.]

Textual Amendments

F10Words in Sch. 9 para. 28 inserted (23.5.2016) by Scotland Act 2016 (c. 11), s. 72(7), Sch. 2 para. 17(2)

F12Word in Sch. 9 para. 28(c) repealed (3.11.1994) by 1994 c. 40, ss. 81, 82(3), Sch. 17

F13Sch. 9 para. 28(e) and word “or" immediately preceding it inserted (3.11.1994) by 1994 c. 40, ss. 39, 82(3), Sch. 11 para. 5

Modifications etc. (not altering text)

29E+W+SNothing in paragraph 8 of this Schedule shall prevent the exercise by the [F14national authority] of the power to revoke any order made F15... under paragraph 7 of this Schedule.

Textual Amendments

F14Words in Sch. 9 para. 29 substituted (23.5.2016) by Scotland Act 2016 (c. 11), s. 72(7), Sch. 2 para. 17(3)(a)

F15Words in Sch. 9 para. 29 omitted (23.5.2016) by virtue of Scotland Act 2016 (c. 11), s. 72(7), Sch. 2 para. 17(3)(b)

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