Local Authorities' Traffic Orders (Procedure) (Scotland) Regulations 1999
| Jurisdiction | UK Non-devolved |
| Citation | SI 1999/614 |
| Year | 1999 |
1999 No. 614 (S. 38)
ROAD TRAFFIC
The Local Authorities' Traffic Orders (Procedure) (Scotland) Regulations 1999
Made 1st March 1999
Laid before Parliament 9th March 1999
Coming into force 1st April 1999
The Secretary of State, in exercise of the powers conferred on him by section 124 of, and Part III of Schedule 9 to, the Road Traffic Regulation Act 19841, and of all other powers enabling him in that behalf, after consultation with representative organisations in accordance with section 134(2) of the said Act of 1984, hereby makes the following Regulations:
PART I
GENERAL
Citation, commencement and extent
1. These Regulations may be cited as the Local Authorities' Traffic Orders (Procedure) (Scotland) Regulations 1999, shall come into force on 1st April 1999 and shall apply in Scotland only.
Interpretation
2.—(1) In these Regulations the following expressions have the meanings hereby respectively assigned to them:–
“the Act” means the Road Traffic Regulation Act 1984;
“authority”, in relation to an order, to which these Regulations apply means the local traffic authority making, or proposing to make, the order under the Act;
“concessionaire” means the person to whom rights under a toll order to charge and to collect tolls have been assigned under Part II of the New Roads and Street Works Act 19912;
“consolidation order” means an order which revokes provisions of one or more existing orders, reproduces those provisions without any change in substance and makes no other provision, but so, however, that for the purpose of this definition the following shall not be regarded as a change in substance, namely, the inclusion in the order (by way of an addition to the provisions of any existing order or orders) of an exemption required by the Local Authorities' Traffic Orders (Exemptions for Disabled Persons) (Scotland) Regulations 19713, in respect of a disabled person’s vehicle, or of a provision conferring on a traffic warden functions similar to those conferred by the existing order or orders on a police constable in uniform or of both such exemption and such provision;
“Crown road” and “the appropriate Crown Authority” have the same meanings as in section 131(7) of the Act4;
“fire authority” means a council constituted under section 2 of the Local Government etc. (Scotland) Act 19945or, where the area of the fire authority forms part of a combined area for fire-fighting purposes, the joint board for fire services for that combined area;
“notice of proposals” and “notice of making”, in relation to an order, mean respectively the notices required to be published under regulations 5 and 17;
“NHS Trust” has the same meaning as in section 108(1) of the National Health Service (Scotland) Act 19786;
“order” means, in relation to anything occurring or falling to be done before its making, an order as proposed to be made, and in relation to anything occurring or falling to be done on or after its making, that order as made;
“public passenger transport services” has the same meaning as in section 63(10)(a) of the Transport Act 19857;
“relevant map”, in relation to an order, means the map required by regulation 15 to be prepared and kept in connection with that order; and
“toll order” has the same meaning as in Part II of the New Roads and Street Works Act 1991.
(2) Any reference in these Regulations to an order under any section of the Act includes a reference to an order varying or revoking an order made, or having effect as if made, under that section.
(3) Except where otherwise expressly provided, any reference in these Regulations to a numbered regulation or Schedule is a reference to the regulation or Schedule bearing that number in these Regulations and a reference in a regulation or Schedule to a numbered paragraph is a reference to the paragraph bearing that number in that regulation or Schedule.
Application of Regulations
3.—(1) Subject to regulation 21, these Regulations apply to orders made or proposed to be made by an authority under any of the following provisions of the Act, that is to say, sections 1, 9, 19, 29, 32, 35, 37, 38, 45, 46, 49(2) and (4), 83(2) and 84.
(2) Except where otherwise stated, each regulation applies to every such order.
(3) Except where otherwise stated, these Regulations apply to an order under any of the provisions of the Act mentioned in paragraph (1) made or proposed to be made by an authority in pursuance of a direction of the Secretary of State under paragraphs 1 and 2 of Schedule 9 to the Act in the same way as it applies to an order in relation to which no such direction has been given.
PART II
PROCEDURE BEFORE MAKING THE ORDER
Consultation
4.—(1) Before making an order in a case specified in column (2) of an item in the table below, the authority shall 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 authority to be likely to affect traffic on, a road for which another authority is the local traffic authority |
The other authority |
2. |
Where the order relates to, or appears to the 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 authority to be likely to affect traffic on a road subject to a toll order |
The concessionaire |
4. |
Where the order relates to, or appears to the authority to be likely to affect traffic on a road on which public passenger transport services are provided |
The operator of the ser vice and the appropriate Passenger Transport Authority |
5. |
Where it appears to the authority that the order is likely to affect the passage on any road or place of– (a) ambulances; or |
In case (a) the chief officer of the appropriate NHS trust |
(b) fire-fighting vehicles |
In case (b) the fire authority |
|
6. |
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 authority thinks appropriate |
(2) The consultation referred to in paragraph (1) is additional to the consultation with the chief officer of police required by paragraph 20 of Schedule 9 to the Act and any other consultation required by the Act.
(3) This regulation has effect subject to regulations 19 and 21.
Publication of proposals
5.—(1) After the consultations referred to in regulation 4 but before making the order the authority shall–
(a)
(a) publish at least 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 proposals containing the particulars specified in Part I of Schedule 1;
(b)
(b) take such other steps as they may consider appropriate for ensuring that adequate publicity about the order is given to persons likely to be affected by its provisions and, without prejudice to the generality of this sub-paragraph, such other steps may include–
(i) publication of a notice in the Edinburgh Gazette;
(ii) the display of notices in accordance with Schedule 2 in roads or other places affected by the order; or
(iii) the delivery of notices or letters to premises, or premises occupied by persons, appearing to the authority to be likely to be affected by any provision in the order;
(c)
(c) make available for inspection in accordance with Schedule 3 the documents mentioned in that Schedule.
(2) This regulation has effect subject to regulations 19, 20 and 21.
Notice of proposals
6. Not later than the date on which all the provisions in regulation 5 have been complied with, the authority shall send a copy of the notice of proposals to each person whom it is required to consult under regulation 4(1) or under any of the provisions referred to in regulation 4(2).
Objections
7.—(1) Before the end of the objection period mentioned in paragraph (3), any person may object to the making of an order.
(2) Any objection made under paragraph (1) shall contain a written statement of the grounds of the objection and shall be sent to the address specified in a notice published under regulation 5.
(3) The objection period shall be–
(a)
(a) a period of not less than 21 days between the date on which a notice is published under regulation 5 and the date specified in that notice as the date by which any objection to the order must be made; or
(b)
(b) if later, a period of 21 days or such longer period as the authority may specify beginning with the date on which the authority has complied with all the provisions of regulation 5.
(4) This regulation has effect subject to regulations 19, 20 and 21.
Hearing
8.—(1) Before making any order to which these Regulations apply the authority may hold a hearing in connection with that order and the authority shall hold such a hearing before making an order in the following cases:–
(a)
(a) where the order is–
(i) an order under section 1, 37 or 45 of the Act which contains a provision which prohibits, or has the effect of prohibiting, the loading or unloading of vehicles in any road either at all times or for any period of time unless such period falls wholly between 0700 hours and 1000 hours or between 1600 hours and 1900 hours in any day, or
(ii) an order under section 9 of the Act which contains a provision such as is mentioned in head (i) of this sub-paragraph and which is proposed to be made within 6 months of the date on which a previous order under section 9 of the Act containing a similar provision as respects that road ceased to be in force,
and an objection to that provision in the order is made by any person in accordance with regulation 7 above and is not withdrawn;
(b)
(b) where the order is–
(i) an order under section...
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