Road Traffic Regulation Act 1984

54 Designation orders in Wales. E+W+S

(1) Before exercising their powers under section 45, 46, 49 or 53(1) and (2) of this Act, the council of a county in Wales shall consult the council of the district in which the designated parking place is to be, or is, situated.

(2) The council of a district in Wales shall not exercise their powers under any of the provisions specified in subsection (1) above without the consent of the county council; and any consent given by the county council may be subject to such conditions or restrictions as they think fit.

(3) Where a district council in Wales propose to make an order under any of the provisions specified in subsection (1) above, the district council shall submit a draft of the order to the county council, who may (without prejudice to their power to give or withhold consent to the making of the order) require such modifications of the terms of the proposed order as they think appropriate.

(4) A district council aggrieved by the refusal of the county council to give consent under subsection (2) above, by any conditions or restrictions subject to which any such consent is given, or by any modifications required under subsection (3) above, may appeal to the Secretary of State; and on any such appeal the Secretary of State may give such directions as he thinks fit, either dispensing with the need for consent or varying or revoking any such conditions, restrictions or modifications.

(5) Subject to subsection (6) below, the power to vary or revoke an order made by a district council in Wales under any of the provisions specified in subsection (1) above shall be exercisable by the county council as well as by the district council; but, if the county council propose to make an order in the exercise of that power, they shall send a copy of the proposed order to the district council who made the order which it is proposed to vary or revoke.

(6) If, not later than 6 weeks after a district council in Wales has received a copy of a proposed order under subsection (5) above, the council serve notice on the county council and the Secretary of State of their objection to the making of the proposed order, and the objection is not withdrawn by a further notice served not later than 6 weeks after the service of the notice of objection, the county council shall submit a copy of the proposed order to the Secretary of State and shall not make the order except with the consent of the Secretary of State.

(7) The Secretary of State, if he consents to any order submitted to him for his consent under subsection (6) above, may consent to the order either in the form in which it was submitted to him or with such modifications as he thinks fit, which may include additions, exceptions or other modifications of any description; but, where he proposes to consent to the order with modifications which appear to him substantially to affect the character of the order as submitted to him, he shall, before doing so, take such steps as appear to him to be sufficient and reasonably practicable for informing the county council and district council in question and any other persons likely to be concerned.

(8) In Wales a county council or a district council by whom a parking place has been designated may enter into an agreement with a district council or the county council respectively for the transfer from the one council to the other of the operation of the parking place; and any such agreement—

(a) may provide for the transfer of such apparatus or other things held by, and rights or liabilities of, the transferring council in connection with the parking place as may be specified in the agreement, and

(b) shall specify the date of the transfer and its terms (which may include terms as to the making of payments by one council to the other),

and from the taking effect of any such transfer the order designating the parking place shall have effect subject to such modifications (if any) appearing to the county council concerned (whether as transferee or transferor) to be requisite in consequence of the transfer as the county council may direct; and the provisions of sections 46 to 49 of this Act and this section shall thereafter apply as if the parking place had been designated by order made by the authority to whom its operation is transferred.

(9) The power of a county council in Wales to make an order under subsection (2) of section 46 or subsection (4) of section 49 of this Act shall apply in relation to any parking place designated by an order made by the council of any district in the county as it applies in relation to a parking place designated by an order made by the county council; but if, by virtue of this subsection, a county council in Wales proposes to make an order under either of those subsections they shall send a copy of the proposed order to the district council concerned, and subsections (6) and (7) above shall apply, with the substitution (in subsection (6) above) of a reference to this subsection for the reference to subsection (5) above.