Secretary of State's Traffic Orders (Procedure) (England and Wales) Regulations 1990
| Jurisdiction | UK Non-devolved |
1990 No. 1656
ROAD TRAFFIC
The Secretary of State’s Traffic Orders (Procedure) (England and Wales) Regulations 1990
Made 6th August 1990
Laid before Parliament 16th August 1990
Coming into force 6th September 1990
The Secretary of State for Transport (as respects England) and the Secretary of State for Wales (as respects Wales) in exercise of their powers under section 124 of, and Part III of Schedule 9 to, the Road Traffic Regulation Act 19841, and of all other enabling powers, after consultation with representative organisations in accordance with section 134(2) of that Act, hereby make the following Regulations:
PART I
General
Citation, commencement and revocation
1.—(1) These Regulations may be cited as the Secretary of State’s Traffic Orders (Procedure) (England and Wales) Regulations 1990 and shall come into force on 6th September 1990.
(2) The Secretary of State’s Traffic Orders (Procedure) (England and Wales) Regulations 19862, are hereby revoked.
Interpretation
2.—(1) In these Regulations—
“the 1984 Act” means the Road Traffic Regulation Act 1984;
“countryside road order” has the meaning given in regulation 3;
“fire authority” in relation to any road or other place, means the authority discharging in the area in which the road or other place is situated the functions of fire authority under the Fire Services Act 19473;
“relevant local authority” means—
(a) in relation to a reserve power order—
(i) where the order is made or proposed to be made by virtue of paragraph 3 of Schedule 9 to the 1984 Act, the Council of a London Borough, the Common Council of the City of London or other local authority to whom there has been given under paragraph 2 of the said Schedule 9 the direction, for the purpose of securing the object for which the order is made or proposed to be made,
(ii) where the order is made or proposed to be made under paragraph 7 of Schedule 9 to the 1984 Act the Council of a London Borough, the Common Council of the City of London or other local authority whose order is or is proposed to be varied or revoked by the reserve power order,
(b) in relation to a trunk road order—
(i) where the order applies or will apply to a road in Greater London, the Council of a London Borough or the Common Council of the City of London,
(ii) where the order applies or will apply to a road outside Greater London, the local authority who would have the power under the 1984 Act to make the order if the road were not a trunk road,
(c) in relation to a countryside road order, the local authority who have power under section 1 of the 1984 Act to make such an order as respects the road to which the countryside road order applies or will apply,
and where under the foregoing provisions of this definition there would in relation to any particular order be more than one relevant local authority, that expression shall in the case of that order include all of those authorities;
“reserve power order” and “trunk road order” have the meanings respectively given to those expressions in regulation 3; 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 section 6(6) of that Act and any part of the width of such a street.
(2) A reference in these Regulations to an order is a reference to an order or a proposed order as appropriate; and in the case of a proposed order any reference to the effect of the order (however expressed) is a reference to the effect that the proposed order would have were it to be made.
(3) Any reference in these Regulations to an order under any particular 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) a reference to an order under that section made by virtue of paragraph 3 of Schedule 9 to that Act.
(4) Any reference in these Regulations to a numbered regulation or Schedule is a reference to the regulation or Schedule bearing that number in the Regulations except where otherwise expressly provided.
Application of Regulations
3. These Regulations apply to—
(a) orders made or proposed to be made by the Secretary of State by virtue of paragraph 3 or under paragraph 7 of Schedule 9 to the 1984 Act (any such order being in these Regulations referred to as a “reserve power order”);
(b) orders made or proposed to be made by the Secretary of State with respect to trunk roads under any of the following provisions of the 1984 Act, that is to say, sections 1, 6, 9 and 84 (any such order being in these Regulations referred to as a “trunk road order”); and
(c) orders made or proposed to be made by the Secretary of State with respect to roads which are not trunk roads under section 22 of the 1984 Act, including orders under that section made by virtue of section 132 of that Act (any such order being in these Regulations referred to as a “countryside road order”).
PART II
Procedure before making an order
Preliminary
4. This Part of these Regulations has effect subject to Part IV of these Regulations (which contains provisions relating to particular orders).
Consultation
5.—(1) Before making any order to which these Regulations apply the Secretary of State shall consult with the chief officer of any police area in which any road or other place to which the order is to relate is situated.
(2) The consultation referred to in paragraph (1) of this regulation is additional to any consultation required by the 1984 Act.
Publication of proposals
6.—(1) Before making an order the Secretary of State shall—
(a)
(a) publish once at least 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) publish a similar notice in the London Gazette;
(c)
(c) send to the relevant local authority a copy of the notice and a copy of the order as drafted;
(d)
(d) if it appears to the Secretary of State that it would be desirable in the interests of giving adequate publicity to the order, comply with the relevant requirements of Schedule 2 as to the notices to be displayed in each road to which the order relates;
(e)
(e) comply with the relevant requirements of Schedule 3 as to the availability of documents for inspection.
(2) Where the order is one which relates to a road, or to roads, situated in more than one locality, it shall be sufficient for the purposes of this regulation if the notice published in each local newspaper states the general nature and effect of the order so far as it affects the road or roads situated in the locality in which that newspaper circulates and names or otherwise describes only the road or roads so affected in that locality, but the notice in the London Gazette shall state the general nature and effect of the entire order and name or otherwise describe the whole road, or all the roads, to which the order relates.
Objections
7.—(1) Any person desiring to object to an order shall send to the address specified in the notice of proposals published under regulation 6 a written statement of his objection and the grounds on which it is made.
(2) The statement shall be sent to that address on or before—
(a)
(a) the date specified in the notice of proposals published under regulation 6, or
(b)
(b) the expiration of 21 days after the Secretary of State has complied with regulation 6(1)(a) and (b),
whichever is the later.
Notice of public inquiry
8.—(1) Where the Secretary of State decides, before publishing the notice of proposals under regulation 6, to hold a public inquiry, the notice of proposals shall contain, in addition to the particulars required by that regulation, the particulars specified in Part II of Schedule 1.
(2) In all other cases where, in connection with an order, a public inquiry is to be held the Secretary of State shall, after complying with the requirements of regulation 6—
(a)
(a) publish once at least 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 the inquiry containing the particulars specified in Part III of Schedule 1;
(b)
(b) publish a similar notice in the London Gazette;
(c)
(c) not later than the date of the first publication of the notice required by sub-paragraph (a) of this paragraph, inform in writing any person who has objected to the order in accordance with regulation 7 and who has not withdrawn the objection, of the date, time and place of the inquiry;
(d)
(d) send to the relevant local authority a copy of the notice;
(e)
(e) if it appears to the Secretary of State that it would be desirable in the interests of giving adequate publicity to the inquiry, comply with the relevant requirements of Schedule 2 as to the notices to be displayed in each road to which the order relates;
(f)
(f) omply with the relevant requirements of Schedule 3 as to the availability of documents for inspection.
(3) Paragraph (2) of regulation 6 shall apply in relation to the publication of a notice under paragraph (2) of this regulation as it applies in relation to the publication of a notice of proposals under regulation 6.
(4) Where the notice of proposals published under regulation 6 announces the holding of a public inquiry, there shall be at least 42 days between the date that the Secretary of State complies with paragraph (1)(a) and (b) of that regulation and the date when the public inquiry is due to begin.
(5) Where a notice of a public inquiry is published under sub-paragraphs (a) and (b) of paragraph (2), there shall be at least 42 days between whichever is the later of—
(a)
(a) the last...
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