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

Special provisions for certain experimental traffic orders and other orders

14.—(1) This regulation applies to the following orders, that is to say:—

(a) a trunk road order under section 9 of the Act;

(b) a reserve power order under paragraph 7 of Schedule 9 to the Act which provides only for one or more of the following matters:—

(i) the revocation of an order made, or having effect as if made, under section 9(1) of the Act,

(ii) the variation of an order made, or having effect as if made, under the said section 9(1) so as to reduce the extent of its application or the stringency of any prohibition or restriction imposed by it;

(c) a reserve power order under section 9(4) of the Act by virtue of paragraph 3 of Schedule 9 thereto;

(d) an order under section 1 of the Act where the sole effect of the order would be to—

(i) prohibit the riding of cycles or mopeds on a footbridge or in a pedestrian subway or in the approaches to such bridge or subway, or

(ii) restrict the driving of vehicles into a boxed area, or

(iii) revoke or vary the provision of an order, being a provision the sole effect of which is as mentioned in head (i) or (ii) of this sub-paragraph.

(2) Regulations 5 and 6 shall not apply to any order to which this regulation applies, but where the order is a reserve power order the Secretary of State shall, not less than 14 days before making the order, serve upon the relevant authority a notice of his proposal to make the order, a copy of the order as drafted and a statement of his reasons for proposing to make the order.

(3) In paragraph (1)(d) of this regulation—

“boxed area” means an area of the carriageway of a road, at or near its junction with another road, marked or to be marked by a traffic sign consisting of cross hatched yellow lines, bounded by a yellow line, placed on the carriageway to indicate that a vehicle must not be driven into the area at a time when, by reason of the presence of one or more other vehicles in or near to that area, it cannot be driven out of that area without stopping;

“cycle” means a pedal cycle which is not a motor vehicle; and

“moped” has the same meaning as in regulation 46 of the Motor Vehicles (Construction and Use) Regulations 1978(1).

(1)

S.I. 1978/1017