Local Authorities' Traffic Orders (Procedure) (England and Wales) Regulations 1996
| Year | 1996 |
1996 No. 2489
ROAD TRAFFIC
The Local Authorities' Traffic Orders (Procedure) (England and Wales) Regulations 1996
Made 26th September 1996
Laid before Parliament 9th October 1996
Coming into force 1st December 1996
The Secretary of State for Transport as respects England and the Secretary of State for Wales as respects Wales, in exercise of the powers conferred by sections 35C(3) and (4), 46A(3) and (4) and 124(1) of, and Part III of Schedule 9 to, the Road Traffic Regulation Act 19841and by paragraphs 6(3) and 7(1) of Schedule 5 to the Local Government Act 19852and of all other powers enabling them in that behalf, and after consultation with representative organisations in accordance with section 134(2) of the Road Traffic Regulation Act 1984, hereby make the following Regulations:
PART I
GENERAL
Citation and commencement
1. These Regulations may be cited as the Local Authorities' Traffic Orders (Procedure) (England and Wales) Regulations 1996 and shall come into force on 1st December 1996.
Revocation and transitional provisions
2.—(1) Subject to paragraph (2), the Local Authorities' Traffic Orders (Procedure) (England and Wales) Regulations 19893and the Local Authorities' Traffic Orders (Procedure) (England and Wales) (Amendment) Regulations 19934are hereby revoked.
(2) Where a notice relating to an order has been published pursuant to regulation 6 or 16 of the Local Authorities' Traffic Order (Procedure) (England and Wales) Regulations 1989, those Regulations shall continue to apply to that order as if they had not been revoked and nothing in these Regulations shall apply to the order.
(3) Nothing in these Regulations shall be taken as affecting the operation of sections 16 and 17 of the Interpretation Act 19785(effect of repeals).
Interpretation
3.—(1) In these Regulations—
“the 1984 Act” means the Road Traffic Regulation Act 1984;
“the 1985 Act” means the Local Government Act 1985;
“the 1991 Act” means the New Roads and Street Works Act 1991;
“Crown road” and “appropriate Crown authority” have the meanings given by section 131(7) of the 1984 Act6;
“deposited documents” in relation to an order means such documents as are required in connection with that order to be kept available for public inspection in accordance with Schedule 2;
“experimental order” means an order made under section 9 of the 1984 Act;
“inspector” means a person appointed pursuant to regulation 9(2) to hold a public inquiry;
“local authority” means—
(a) in relation to England—
(i) the council of a county, district, or London borough;
(ii) the Common Council of the City of London;
(iii) the Council of the Isles of Scilly; or
(iv) a parish council;
in relation to Wales—
(i) a county council;
(ii) a county borough council; or
(iii) a community council;
“local service” has the meaning given by section 2 of the Transport Act 19857;
“London authority” means a London borough council or the Common Council of the City of London;
“London bus service” has the meaning given by section 34(2)(b) of the Transport Act 1985;
“minor order” has the meaning given by regulation 21(1)(b);
“notice of making” has the meaning given by regulation 17(2);
“notice of proposals” has the meaning given by regulation 7(1)(a);
“order making authority”, in relation to an order, means the authority which has made it or has proposed to make it;
“public service vehicle” has the meaning given by section 1 of the Public Passenger Vehicles Act 19818; and
“road” includes any length of road and any part of the width of a road and, in relation to an order under section 6 of the 1984 Act, any length of a street as defined in sub-section (6) of that section and any part of the width of such a street.
(2) A reference in these Regulations to an order is to an order or a proposed order as appropriate and, in the case of a proposed order, a reference to the effect of the order (however expressed) is to its effect if it were to be made.
(3) A reference in these Regulations to an order under a specified section of the 1984 Act includes—
(a)
(a) a reference to an order varying or revoking an order made, or having effect as if made, under that section; and
(b)
(b) in relation to the variation or revocation of an order, or to the application of the provisions of an order, a reference to an order having effect as if made under that section.
(4) Without prejudice to paragraph (3), a reference in these Regulations to—
(a)
(a) the variation or revocation of an order under section 46 or 49 of the 1984 Act, or
(b)
(b) the application of a provision of an order under either of those sections,
includes a reference to the variation, revocation or application (as the case may be) of the provisions of an order which has been continued in force by paragraph 11(1) of Schedule 10 to the 1984 Act.
(5) Except where it is expressly provided otherwise—
(a)
(a) a reference to a numbered regulation or Schedule is a reference to the regulation or Schedule so numbered in these Regulations; and
(b)
(b) a reference to a numbered paragraph is a reference to the paragraph so numbered of the regulation or Schedule in which the reference occurs.
Application of Regulations
4.—(1) This Part and Parts II, III and IV of these Regulations apply to orders made or proposed to be made by a local authority under section 1, 6, 9, 19, 29, 32, 35, 37, 38, 45, 46, 49, 61, 83(2) or 84 of the 1984 Act and this Part and Part V apply to notices given or proposed to be given under section 35C or 46A of that Act.
(2) Except as provided by regulation 14(2)(a), these Regulations apply to orders made or proposed to be made pursuant to a direction by the Secretary of State under Part I of Schedule 9 to the 1984 Act as they apply to orders not so made.
PART II
PROCEDURE BEFORE MAKING AN ORDER
Preliminary
5. This Part of these Regulations has effect subject to the provisions of Part IV.
Consultation
6.—(1) An order making authority shall, before making an order in a case specified in column (2) of an item in the table below, consult the persons specified in column (3) of the item.
TABLE
(1) |
(2) |
(3) |
Item |
Case |
Consultee |
1. |
Where the order relates to, or appears to the order making authority to be likely to affect traffic on, a road for which another authority is the highway authority or the traffic authority |
The other authority |
2. |
Where the order relates to, or appears to the order making authority to be likely to affect traffic on, a Crown road |
The appropriate Crown authority |
3. |
Where the order relates to, or appears to the order making authority to be likely to affect traffic on, a road subject to a concession |
The concessionaire |
4. |
Where the order relates to, or appears to the order making authority to be likely to affect traffic on, a road on which a tramcar or trolley vehicle service is provided |
The operator of the service |
|
5. Where the order relates to, or appears to the order making authority to be likely to affect traffic on,– (a) a road outside Greater London which is included in the route of a local service; or |
In case (a) the operator of the service |
|
(b) a road in Greater London which is included in the route of a London bus service |
In case (b) the operator of the service and London Regional Transport |
|
|
6. Where it appears to the authority that the order is likely to affect the passage on any road of– (a) ambulances; or |
In case (a) the chief officer of the appropriate NHS trust |
|
(b) fire-fighting vehicles |
In case (b) the chief officer of the fire brigade of the fire authority |
|
7. |
All cases |
(a) The Freight Transport Association (b) The Road Haulage Association (c) Such other organisations (if any) representing persons likely to be affected by any provision in the order as the order making authority thinks it appropriate to consult |
(2) In paragraph (1)—
“appropriate NHS trust” in relation to a road or place means the National Health Service trust providing an emergency ambulance service in the area in which the road or place is situated and “National Health Service trust” has the meaning given by section 128(1) of the National Health Service Act 19779;
“concessionaire” has the meaning given by section 1(1) of the 1991 Act;
“fire authority” in relation to a road or place means the authority exercising the functions of a fire authority under the Fire Services Act 194710in the area in which the road or place is situated;
“highway authority” has the same meaning as in the Highways Act 198011;
“road subject to a concession” has the meaning given by section 1(2) of the 1991 Act; and
“trolley vehicle” does not include a duobus as defined in the Tramcar and Trolley Vehicles (Modification of Enactments) Regulations 199212.
(3) The requirements of this regulation are without prejudice to the provisions of—
(a)
(a) paragraph 20 of Schedule 9 to the 1984 Act (consultation with the chief officer of police);
(b)
(b) paragraph 6(3)(c) of Schedule 5 to the 1985 Act (consultation required of London authorities and metropolitan district councils); and
(c)
(c) any other provision of the 1984 Act requiring consultation.
Publication of proposals
7.—(1) An order making authority shall, before making an order,—
(a)
(a) publish at least once a notice (in these Regulations called a “notice of proposals”) containing the particulars specified in Parts I and II of Schedule 1 in a newspaper circulating in the area in which any road or other place to which the order relates is situated;
(b)
(b) in the case of an order under section 6 of the 1984 Act, publish a similar notice in the London Gazette;
(c)
(c) take such other steps as it may consider appropriate for ensuring that adequate publicity about the order is given to persons likely to be affected by its provisions and, without...
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