The Local Authorities' Traffic Orders (Procedure) (England and Wales) Regulations 1989

Modifications

13.—(1) The order making authority shall not make an order with modifications where–

(a) any of the modifications would involve a departure from the order in the form to which the Secretary of State or appropriate Crown authority have given their consent,

(b) in a case where under paragraph 2 of Schedule 9 to the 1984 Act the Secretary of State has directed the authority to make the order, any of the modifications would involve a departure from the form in which the Secretary of State has directed the order to be made, or

(c) in a case where the Secretary of State has made a determination under paragraph 7 of Schedule 5 to the 1985 Act, any of the modifications would be inconsistent with such determination,

but subject as aforesaid the order making authority may make the order with modifications (whether in consequence of any objections or otherwise).

(2) Where the order making authority propose to make, or the Secretary of State proposes to consent to, an order with modifications which appear to that authority or, as the case may be, to the Secretary of State to make a substantial change in the order, the order making authority shall before making the order, take such steps as appear to them to be appropriate or, in a case involving the Secretary of State’s consent, as the Secretary of State may require, for informing the persons likely to be affected by the modifications, for giving to those persons an opportunity to make representations in connection with the modifications and for ensuring that any such representations are duly considered by that authority and, where the Secretary of State so requests, by the Secretary of State.

(3) In this regulation, “modifications” has, in the case of an order made by a London authority, the meaning given by paragraph 23(2) of Schedule 9 to the 1984 Act; and in any other case the same meaning as in paragraph 22 of that Schedule.