37 Extension of powers for purposes of general scheme of traffic control.E+W+S
[F1(1)This section applies to an order made under both section 1 and section 32 of this Act by—
(a)the council of a county or metropolitan district in England and Wales, or
(b)by a [F2council constituted under section 2 of the Local Government etc. (Scotland) Act 1994] in Scotland,
where the order is, and is stated to be, made by virtue of this section and for the purposes of a general scheme of traffic control in a stated area.]
(2)Without prejudice to Parts I to III of Schedule 9 to this Act, the following provisions of this Act, that is to say, section 3(1), so far as it relates to vehicles, and sections 3(2) and 36(1)(a), shall not apply to any order to which this section applies, or to any order under this Act revoking or varying such an order.
(3)Any provision of—
(a)an order to which this section applies in so far as it has effect by virtue of section 1 of this Act, or
(b)an order revoking or varying such an order, in so far as the order revoked or varied has effect by virtue of that section,
may, notwithstanding anything in that section, be made so as to apply to [F3a road for which the Secretary of State [F4 or a strategic highways company] is the traffic authority].
(4)No authority shall make an order to which this section applies unless they are satisfied that the general scheme of traffic control—
(a)is adequate in point of area;
(b)takes adequate account of the need for maintaining the free movement of traffic and of the need for maintaining reasonable access to premises;
(c)takes adequate account of the effect of heavy commercial vehicles on amenities; and
(d)makes provision for street parking places, and for regulating their use with the aid of apparatus or devices F5. . ., which is suitable, regard being had to the extent to which off-street parking places are available in the neighbourhood or their provision is likely to be encouraged by the scheme.
Textual Amendments
F1S. 37(1) substituted (1.11.1991) by New Roads and Street Works Act 1991 (c. 22, SIF 59, 108), s. 168(1), Sch. 8 para. 41(2); which substitution 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.
F2Words in s. 37(1)(b) substituted (S.) (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 134(5); S.I. 1996/323, art. 4
F3Words in s. 37(3) substituted (1.11.1991) by New Roads and Street Works Act 1991 (c. 22, SIF 59, 108), s. 168(1), Sch. 8 para. 41(3); which substitution 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.
F4Words in s. 37(3) inserted (5.3.2015) by Infrastructure Act 2015 (c. 7), s. 57(1), Sch. 1 para. 80; S.I. 2015/481, reg. 2(a)
F5Words in s. 37(4)(d) repealed (13.9.1996) by S.I. 1996/1553, art. 2(1), Sch.
Modifications etc. (not altering text)
C1S. 37 restricted by Local Government Act 1985 (c. 51, SIF 81:1), ss. 1, 2, 8(2), Sch. 5 para. 6(3)
C2S. 37 restricted by Local Government Act 1985 (c. 51, SIF 81:1), s. 8(2), Sch. 5 para. 12
C3S. 37 restricted (S.) (4.1.1996) by 1994 c. 39, ss. 7(2), 44(2); S.I. 1994/2850, art. 3(a), Sch. 2