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Road Traffic (Consequential Provisions) Act 1988

Consolidated Text As Enacted Cited authorities 364 Cited in Related
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Year1988


Road Traffic (ConsequentialProvisions) Act 1988

1988 CHAPTER 54

An Act to make provision for repeals (including a repeal to give effect to a recommendation of the Law Commission and the Scottish Law Commission), consequential amendments, transitional and transitory matters and savings in connection with the consolidation of enactments in the Road Traffic Act 1988 and the Road Traffic Offenders Act 1988.

[15th November 1988]

Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

S-1 Meaning of ‘the Road Traffic Acts’, ‘the repealed enactments’, etc.

1 Meaning of ‘the Road Traffic Acts’, ‘the repealed enactments’, etc.

(1) In this Act—

‘the Road Traffic Acts’ means the Road Traffic Act 1988 , the Road Traffic Offenders Act 1988 and, so far as it reproduces the effect of the repealed enactments, this Act, and

‘the repealed enactments’ means the enactments repealed or revoked by this Act.

(2) Expressions used in this Act and in the Road Traffic Act 1988 have the same meaning as in that Act.

S-2 Continuity, and construction of references to old and new law.

2 Continuity, and construction of references to old and new law.

(1) The substitution of the Road Traffic Acts for the repealed enactments does not affect the continuity of the law.

(2) Anything done or having effect as if done under or for the purposes of a provision of the repealed enactments has effect, if it could have been done under or for the purposes of the corresponding provision of the Road Traffic Acts, as if done under or for the purposes of that corresponding provision.

(3) Any reference, whether express or implied, in the Road Traffic Acts or any other enactment, instrument or document to a provision of the Road Traffic Acts is to be read, in relation to the times, circumstances or purposes in relation to which the corresponding provision of the repealed enactments had effect and so far as the nature of the reference permits, as including a reference to that corresponding provision.

(4) Any reference, whether express or implied, in any enactment, instrument or document to a provision of the repealed enactments is to be read, in relation to the times, circumstances or purposes in relation to which the corresponding provision of the Road Traffic Acts has effect and so far as the nature of the reference permits, as including a reference to that corresponding provision.

S-3 Repeals.

3 Repeals.

(1) The enactments specified in Part I of Schedule 1 to this Act are repealed to the extent specified in the third column.

(2) Those repeals include the repeal, in accordance with Recommendations of the Law Commission and the Scottish Law Commission, of section 34 of the Road Traffic Act 1972 (requirements as to employment of persons to attend to locomotives and trailers) as no longer of practical utility.

(3) The subordinate legislation specified in Part II of that Schedule is revoked to the extent specified in the third column.

S-4 Prospective and consequential amendments.

4 Prospective and consequential amendments.

4. Schedule 2 to this Act (which re-enacts or makes consequential amendments of provisions which made prospective amendments of the repealed and other enactments, so that the re-enacted or amended provisions prospectively amend the Road Traffic Acts and other enactments) and Schedule 3 to this Act (which makes other consequential amendments) shall have effect.

S-5 Transitional provisions and savings.

5 Transitional provisions and savings.

(1) Schedule 4 to this Act (which makes certain transitional provisions and contains savings in connection with the repeals made by this Act) shall have effect.

(2) Nothing in that Schedule affects the general operation of section 16 of the Interpretation Act 1978 (general savings implied on a repeal).

S-6 Transitory modifications.

6 Transitory modifications.

6. Schedule 5 to this Act (which makes transitory modifications of the Road Traffic Act 1988)shall have effect.

S-7 Saving for law of nuisance.

7 Saving for law of nuisance.

7. Nothing in the Road Traffic Acts authorises a person to use on a road a vehicle so constructed or used as to cause a public or private nuisance, or in Scotland a nuisance, or affects the liability, whether under statute or common law, of the driver or owner so using such a vehicle.

S-8 Short title, commencement and extent.

8 Short title, commencement and extent.

(1) This Act may be cited as the Road Traffic (Consequential Provisions) Act 1988 .

(2) This Act, except those provisions that may be brought into force in accordance with subsection (3) below, shall come into force at the end of the period of six months beginning with the day on which it is passed.

(3) The following provisions of Schedule 2 to this Act—

(a) in Part I, paragraphs 1 and 15 to 20,

(b) Part II (except paragraph 22 so far as relates to subsections (5) to (8) of the new section inserted by that paragraph, which therefore come into force in accordance with subsection (2) above), and

(c) Parts III and IV,

shall come into force on such day as the Secretary of State may by order made by statutory instrument appoint, and different days may be so appointed for different provisions and for different purposes.

(4) An order under subsection (3) above bringing any provision of Part I of Schedule 2 to this Act (wholly or partly) into force may contain such transitional provisions and savings (whether or not involving the modification of any provision contained in an Act or in subordinate legislation within the meaning of the Interpretation Act 1978 ) as appear to the Secretary of State necessary or expedient in connection with that provision.

(5) This Act does not extend to Northern Ireland except so far as it affects other enactments extending to Northern Ireland.

SCHEDULES

SCHEDULE 1

Repeals and Revocations

I Enactments Repealed

Part I

Enactments Repealed

Chapter

Short title

Extent of repeal
1968 c. 73. Transport Act 1968.

In Schedule 11, the entry for section 244 of the Road Traffic Act 1960.
1972 c. 20. Road Traffic Act 1972. The whole Act.
1972 c. 27.

Road Traffic (Foreign Vehicles) Act 1972.

Section 1(6)(a)(ii).

In Schedule 2, the entry relating to sections 68 to 73 and 76 to 79 of the Road Traffic Act 1972 and regulations made under those sections.
1972 c. 70.

Local Government Act 1972.

In section 186(1), the words from the beginning to first ‘and’.

Schedule 19.
1973 c. 44.

Heavy Commercial Vehicles (Controls and Regulations) Act 1973.

 The whole Act.
1973 c. 62.

Powers of Criminal Courts Act 1973.

In Schedule 5, paragraph 43.
1973 c. 65.

Local Government (Scotland) Act 1973.

In Schedule 14, paragraphs 82 to 86.
1974 c. 50. Road Traffic Act 1974.

Sections 6 to 15.

Sections 20 to 22.

Schedule 2.

Schedule 3.

Schedule 5.

In Schedule 6, paragraphs 12 to 24.
1975 c. 21.

Criminal Procedure (Scotland) Act 1975.

In Schedule 7D, the entries relating to the Road Traffic Act 1972.
1975 c. 46.

International Road Haulage Permits Act 1975.

In section 3, subsections (2) to (5).

Chapter

Short title

Extent of repeal
1976 c. 3.

Road Traffic (Drivers' Ages and Hours of Work) Act 1976.

Section 1.

Section 4(2)(b).

Schedules 1 and 2.
1976 c. 57.

Local Government (Miscellaneous Provisions) Act 1976.

In section 80(1), the definition of ‘the Act of 1972’.
1976 c. 62.

Motor-Cycle Crash Helmets (Religious Exemption) Act 1976.

 The whole Act.
1977 c. 45. Criminal Law Act 1977.

Section 50.

In Schedule 1, the entries relating to the Road Traffic Act 1972.

In Schedule 5, paragraph 2.

In Schedule 6, the entry relating to the Road Traffic Act 1972.

In Schedule 12, the amendments of the Road Traffic Act 1972.
1977 c. 49.

National Health Service Act 1977.

In Schedule 15, paragraph 56.
1978 c. 55. Transport Act 1978.

In section 9, in subsection (1) the words from the beginning to third ‘and’ and subsection (2).

In section 24(2), the definition of ‘the 1972 Act’.

In Schedule 3, Part A.
1980 c. 34. Transport Act 1980.

Section 37(4).

Section 61.

Section 63.
1980 c. 43.

Magistrates' Courts Act 1980.

In Schedule 7, paragraphs 111 and 112.
1980 c. 53.

Health Services Act 1980.

In Schedule 1, paragraph 21.
1980 c. 62.

Criminal Justice (Scotland) Act 1980.

Section 7(2).

Section 26(8).

Section 55.

Chapter

Short title

Extent of repeal

In Schedule 7, paragraph 23.
1980 c. 66. Highways Act 1980.

In Schedule 24, paragraph 21.
1981 c. 14.

Public Passenger Vehicles Act 1981.

In Schedule 7, paragraphs 12 to 15.
1981 c. 31.

Insurance Companies Act 1981.

In Schedule 4, paragraph 22.
1981 c. 45.

Forgery and Counterfeiting Act 1981.

In section 12, the words ‘section 169(3) of the Road Traffic Act 1972’.
1981 c. 56. Transport Act 1981.

Part IV.

Schedules 7 and 8.

In Schedule 9, Part I.
1982 c. 48.

Criminal Justice Act 1982.

In section 39, subsection (1)(b)(i).

In Schedule 2, the entry relating to the Road Traffic Act 1972.

In Schedule 3, the entries relating to the Road Traffic Act 1972.

In Schedule 6, the entries relating to the Road Traffic Act 1972.

In Schedule 15, paragraph 16.
1982 c. 49. Transport Act 1982.

Section 16.

In section 17, subsection (3) and, in subsection (4), the words from ‘and in subsection (4)(a) of that section’ to the end.

In section 24, the last column of the entries made by subsection (3)(b).

Part III.

Sections 56 to 60.

Sections 63 and 64.

Section 73(3).

Schedules 1, 2 and 3.

In Schedule 5, paragraphs 7 to 16, 17(1), 25 and 26.

Chapter

Short title

Extent of repeal
1982 c. 50.

Insurance Companies Act 1982.

In Schedule 5, paragraph 12.
1983 c. 43.

Road Traffic (Driving Licences) Act 1983.

Section 1.

In section 2...

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