The Local Authorities' Traffic Orders (Procedure) (England and Wales) Regulations 1996

Explanatory Note

(This note is not part of the Regulations)

These Regulations prescribe the procedure to be followed by local authorities in England and Wales for making the main types of traffic and parking orders under the Road Traffic Regulation Act 1984. The Regulations replace with significant modifications the Local Authorities' Traffic Orders (Procedure) (England and Wales) Regulations 1989 and the Local Authorities' Traffic Orders (Procedure) (England and Wales) (Amendment) Regulations 1993. The main changes are referred to below.

Regulation 4 specifies the orders to which the Regulations apply. Regulations 5 to 14 lay down the procedure to be followed before making an order.

The main changes in regulation 6 (consultation), which is set out in tabular form, are new requirements to consult operators of local bus services and, where applicable, London Regional Transport, and the chief officers of the NHS trust providing the local ambulance service and of the fire brigade in all cases where it appears that the order is likely to affect the passage on any road of buses, ambulances or fire-fighting vehicles. There is also a new requirement in regulation 6 to consult the Freight Transport Association and the Road Haulage Association in all cases.

Regulation 7 lays down the requirements for publishing proposals. Publicity in addition to the press notice is now at the discretion of the local authority and the requirement to advertise proposals in the London Gazette has been dropped except in the case of an order under section 6 of the 1984 Act.

The circumstances in which an authority must hold a public inquiry because of restrictions on loading have been modified (regulation 9) and a public inquiry need no longer be advertised in the London Gazette (regulation 10).

Regulations 15 to 18 deal with the making of an order. Regulation 16 (making an order and bringing it into force) places a time limit on the making of an order of 2 years from the date on which notice of proposals was first published. Regulation 17 (action after making) drops the requirement to advertise notice of making in the London Gazette except in the case of orders orders made by a London authority under section 6 or 9 of the 1984 Act.

Regulations 19 to 24 contain special provisions for certain orders. The main changes of substance concern the simplification and rationalisation of the “minor orders” class (regulation 21 and Schedule 4), of which there is now only one category in which loading bay orders, orders relating to parking places consisting of racks or stands for bicycles and orders varying the means of payment of parking charges are included, and the clarification of the procedures for experimental traffic orders which cannot now be made permanent by the shortened procedure if they have been amended more than 12 months after they were made (regulations 22 and 23).

There are no changes of substance to regulation 25 (notices of variation).

Schedules 1 to 3 specify the information to be contained in press notices, the documents relating to an order to be deposited for public inspection and the particulars to be included in a notice of a public inquiry. Schedule 5 lays down new requirements for information to be included in a notice of making relating to an experimental traffic order.