The Secretary of State’s Traffic Orders (Procedure) (Scotland) Regulations 1987

PART III MAKING THE ORDER AND SUBSEQUENT PROCEDURE

Operative date of order

11.—(1) The order shall specify the date on which it comes into operation or, in a case where different operative dates are provided for different provisions of the order, each of the dates on which a provision of the order comes into force.

(2) No date on which an order, or a provision of an order, comes into operation shall be earlier than the date on which the notice of the making of the order is published in the local newspaper under regulation 12.

Notice of the making of the order

12.—(1) When the Secretary of State has made the order, he shall—

(a) forthwith give notice in writing of the making of the order to the relevant authority and to the chief constable of the police force maintained for the area in which any road or other place to which the order relates is situated;

(b) except where such notification has previously been given to such person, notify in writing each person who has duly objected to the order in accordance with regulation 6 and has not withdrawn his objection, of the Secretary of State’s decision in relation to the objection and, where the objection has not been, or not wholly been, acceded to, of the Secretary of State’s reasons therefor;

(c) within 14 days of the making of the order publish once in a local newspaper circulating in the area in which any road or other place to which the order relates is situated a notice of the making of the order containing the particulars specified in Part IV of Schedule 1;

(d) within the same period publish a similar notice in the Edinburgh Gazette;

(e) comply with the relevant requirements of Schedule 3 as to the availability of documents for inspection;

(f) where the order relates to any road, forthwith take such steps as it is practicable for the Secretary of State to take to ensure, before the order comes into force—

(i) the placing on or near the road of such traffic signs in such positions as the Secretary of State may consider requisite for the purpose of securing that adequate information as to the effect of the order is made available to persons using the road, and

(ii) in a case where the order contains provisions for revoking, or altering the application of, a previous order, such removal or replacement of existing traffic signs as the Secretary of State may consider requisite for the purpose of avoiding confusion to users of the road or the continuance of traffic signs in incorrect positions.

(2) The provisions of paragraph (2) of regulation 5 shall apply in relation to the publication of a notice of making under paragraph (1)(c) as they apply in relation to the publication of a notice of proposals under regulation 5.

(3) The provisions of paragraph (1)(f) are without prejudice to section 85 of the Act.

(4) This regulation has effect subject to regulation 13.