SCHEDULES
C3SCHEDULE 9 Special Provisions as to certain Orders
C1C2Part IV Variation or Revocation of Certain Orders
Pt. IV (paras. 27–29) 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))
Sch. 9 Pt. IV applied (with modifications)(6.3.1992) by Aberdeen Harbour Order Confirmation Act 1992 (c. ii), s. 1, Sch. s. 3(2).
27
1
Subject to sub-paragraph (2) 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, F11419, 29, F230, 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.
2
Sub-paragraph (1) above shall have effect—
a
subject to sections 39(6), 54(5) and 59(6) of this Act, and
b
without prejudice to section 50(6) of this Act.
28
For 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, 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
d
an order under paragraph 7 of this Schedule.
29
Nothing in paragraph 8 of this Schedule shall prevent the exercise by the Secretary of State of the power to revoke any order made by him under paragraph 7 of this Schedule.
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)