(1)An order under section 16A of this Act shall not continue in force for a period of more than three days beginning with the day on which it comes into force unless—
(a)the order is made by the Secretary of State [F2or a strategic highways company] as the traffic authority for the road concerned; or
(b)before the order is made, he [F3or it] has agreed that it should continue in force for a longer period.
(2)Where an order under section 16A of this Act has not ceased to be in force and the relevant event to which it relates has not ended, the Secretary of State [F4or a strategic highways company] may, subject to subsections (4) and (5) below, from time to time direct that the order shall continue in force for a further period not exceeding three days beginning with the day on which it would otherwise cease to be in force.
(3)A direction under subsection (2) above may relate to all the roads to which the order under section 16A of this Act relates or only to specified roads.
(4)Where an order under section 16A of this Act relates only to roads for which the Secretary of State [F5or a strategic highways company (whichever made the order or agreed that it should continue in force) is not the traffic authority, he or it] shall not give a direction under subsection (2) above except at the request of the traffic authority for any road to which the order relates.
(5)Where an order under section 16A of this Act relates to any road for which the Secretary of State [F6or a strategic highways company (whichever made the order or agreed that it should continue in force) is not the traffic authority, he or it] shall not give a direction under subsection (2) above affecting that road except with the consent of the traffic authority for that road.
(6)Where an order has been made under section 16A of this Act in any calendar year, no further order may be made under that section in that year so as to affect any length of road affected by the previous order, unless the further order—
(a)is made by the Secretary of State [F7or a strategic highways company] as the traffic authority for the road concerned; or
(b)is made with his [F8or its] consent.
(7)For the purposes of subsection (6) above, a length of road is affected by an order under section 16A of this Act if the order contains provisions—
(a)prohibiting or restricting traffic on that length of road; or
(b)suspending any statutory provision applying to traffic on that length of road.]
Textual Amendments
F1S. 16B inserted (3.5.1994) by 1994 c. 11, s. 1(1)
F2Words in s. 16B(1)(a) inserted (5.3.2015) by Infrastructure Act 2015 (c. 7), s. 57(1), Sch. 1 para. 76(2)(a); S.I. 2015/481, reg. 2(a)
F3Words in s. 16B(1)(b) inserted (5.3.2015) by Infrastructure Act 2015 (c. 7), s. 57(1), Sch. 1 para. 76(2)(b); S.I. 2015/481, reg. 2(a)
F4Words in s. 16B(2) inserted (5.3.2015) by Infrastructure Act 2015 (c. 7), s. 57(1), Sch. 1 para. 76(3); S.I. 2015/481, reg. 2(a)
F5Words in s. 16B(4) substituted (5.3.2015) by Infrastructure Act 2015 (c. 7), s. 57(1), Sch. 1 para. 76(4); S.I. 2015/481, reg. 2(a)
F6Words in s. 16B(5) substituted (5.3.2015) by Infrastructure Act 2015 (c. 7), s. 57(1), Sch. 1 para. 76(4); S.I. 2015/481, reg. 2(a)
F7Words in s. 16B(6)(a) inserted (5.3.2015) by Infrastructure Act 2015 (c. 7), s. 57(1), Sch. 1 para. 76(5)(a); S.I. 2015/481, reg. 2(a)
F8Words in s. 16B(6)(b) inserted (5.3.2015) by Infrastructure Act 2015 (c. 7), s. 57(1), Sch. 1 para. 76(5)(b); S.I. 2015/481, reg. 2(a)
Modifications etc. (not altering text)
C1S. 16B applied (with modifications) (27.7.2010) by Kent County Council (Filming on Highways) Act 2010 (c. iv), s. 4
C2S. 16B applied (with modifications) (30.1.2014) by Hertfordshire County Council (Filming on Highways) Act 2014 (c. i), s. 4
C3S. 16B applied (with modifications) (17.12.2014) by Buckinghamshire County Council (Filming on Highways) Act 2014 (c. ii), s. 4
C4S. 16B applied (with modifications) (21.9.2008) by London Local Authorities and Transport for London Act 2008 (c. iii), ss. 1(2), 13
C5S. 16B excluded (E.W.) (temp. from 5.10.2009) by London Olympic Games and Paralympic Games Act 2006 (c. 12), ss. 16(2), 40(2)(6), 41(3); S.I. 2009/2577, art. 2