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New Roads and Street Works Act 1991, Paragraph 26 is up to date with all changes known to be in force on or before 26 April 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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26(1)Section 14 of the Road Traffic Regulation Act 1984 (temporary prohibition or restriction of traffic on roads) is amended as follows.
(2)For subsections (1) and (2) (power to make orders) substitute—
“(1)If the traffic authority for a road are satisfied that traffic on the road should be restricted or prohibited—
(a)by reason that works are being or are proposed to be executed on or near the road, or
(b)by reason of the likelihood of danger to the public or of serious damage to the road,
the authority may by order restrict or prohibit temporarily the use of the road, or any part of it, by vehicles, or by vehicles of any class, or by pedestrians, to such extent and subject to such conditions or exceptions as they may consider necessary.
(2)A traffic authority when considering the question of the making of an order under subsection (1) shall have regard to the existence of alternative routes suitable for the traffic which will be affected by the order.”.
(3)For subsection (3) (power to issue notice) substitute—
“(3)The traffic authority for a road may at any time by notice restrict or prohibit temporarily the use of the road, or any part of it, by vehicles, or by vehicles of any class, or by pedestrians, where, owing to the likelihood of danger to the public or of serious damage to the road, it appears to them necessary that such a restriction or prohibition should come into force without delay.”.
(4)In subsection (3A) (power to make order or issue notice for purposes of clearing litter or cleaning)—
(a)for “highway or roads authority” substitute “ traffic authority ”, and
(b)for “highway or road” substitute “ road ”.
(5)For subsection (5) substitute—
“(5)Where a traffic authority (“the initiating authority”) make an order under subsection (1) or issue a notice under subsection (3), any such provision as is described in any of paragraphs (a) to (c) of section 2(2) or in section 2(3) of this Act may be made as respects any alternative road by an order made—
(a)in a case where the initiating authority are the traffic authority for the alternative road, by that authority;
(b)in any other case—
(i)where the traffic authority for the alternative road is a local traffic authority, by the initiating authority with the consent of that authority;
(ii)where the traffic authority for the alternative road is the Secretary of State, by him on the application of the initiating authority.”.
Commencement Information
I1Sch. 8 para. 26 wholly in force; Sch. 8 para. 26 in force (S.) at 01.11.1991 see s. 170(1) and S.I. 1991/2286 art. 2(2), Sch. 2; Sch. 8 para. 26 in force (E.W.) at 01.11.1991 see s. 170(1) and S.I. 1991/2288, art. 3, Sch.
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