Secretary of State's Traffic Orders (Procedure) (Scotland) Regulations 1987
| Jurisdiction | UK Non-devolved |
| Citation | SI 1987/2244 |
1987 No. 2244 (S.151)
ROAD TRAFFIC
The Secretary of State’s Traffic Orders (Procedure) (Scotland) Regulations 1987
Made 20th December 1987
Laid before Parliament 13th January 1988
Coming into force 3rd February 1988
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 revocation
1.—(1) These Regulations may be cited as the Secretary of State’s Traffic Orders (Procedure) (Scotland) Regulations 1987 and shall come into force on 3rd February 1988 and shall apply in Scotland only.
(2) The Secretary of State’s Traffic Orders (Procedure) (Scotland) Regulations 19732, the Secretary of State’s Traffic Orders (Procedure) (Scotland) Amendment Regulations 19793and the Secretary of State’s Traffic Orders (Procedure) (Scotland) Amendment Regulations 19824are hereby revoked.
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;
“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:—
(i) the inclusion in the order (by way of an addition to the provisions of any existing order or orders) of an exemption of the same kind as is mentioned in the Local Authorities' Traffic Orders (Exemptions for Disabled Persons) (Scotland) Regulations 19715, 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, or
(ii) the substitution in the order, in place of a prohibition or restriction in any existing order or orders, of a prohibition or restriction of the type specified in regulation 13(3)(c) or (d);
“the local roads authority” has the meaning given by paragraph (a) of the definition of “roads authority” in section 151(1) of the Roads (Scotland) Act 19846;
“the notice of proposals” and “the notice of making”, in relation to an order, mean respectively the notices required to be published under regulations 5 and 12;
“the objection period” means the period within which objections to an order may be made in accordance with regulation 6;
“the order” means, in relation to anything occurring or falling to be done before its making, the order as proposed to be made, and in relation to anything occurring or falling to be done on or after its making, the order as made;
“the relevant 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 Act, the local roads 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 Act, the local roads 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, the local roads authority who would have had the power under the Act to make the order if the road were not a trunk road;
(c) in relation to an order made or proposed to be made by the Secretary of State under sections 22 and 132 of the Act with respect to roads which are not trunk roads, the local roads authority who have power under section 1 of the Act to make such an order as respects the road to which the 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 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.
(2) Any reference in these Regulations to an order under any particular section of the Act or under section 36B(5) of the Road Traffic Act 19727includes—
(a)
(a) a reference to an order (whether made by virtue of paragraph 27 of Schedule 9, or under paragraph 7 of the said Schedule, to the Act) varying or revoking an order made, or having effect as if made, under the section in question, and
(b)
(b) a reference to an order under the section in question made or proposed to be made by virtue of paragraph 3 of Schedule 9 to the Act.
(3) In relation to an order under section 36B(5) of the Road Traffic Act 1972 any reference in these Regulations to Part I or II of Schedule 9 to the Act shall be construed as a reference to that Part as applied by section 36B(7) of the said Act of 19728.
(4) 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 to a numbered paragraph is a reference to the paragraph bearing that number in that regulation.
Application of Regulations
3.—(1) These Regulations apply to—
(a)
(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 Act (any such order being in these Regulations referred to as a “reserve power order”);
(b)
(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 Act, that is to say, sections 1 to 3, 9, 83 and 84, or under section 36B(5) of the Road Traffic Act 1972 (any such order being in these Regulations referred to as a “trunk road order”); and
(c)
(c) orders made or proposed to be made by the Secretary of State with respect to roads which are not trunk roads under sections 22 and 132 of the Act.
(2) Except where otherwise stated, each regulation applies to every such order.
(3) Where, in connection with an order to which these Regulations apply, procedural steps which accord substantially with the relevant requirements of these Regulations have been taken before the coming into force of these Regulations or are in the course of being taken when these Regulations come into force (whether or not they were taken or are being taken in the sequence required by these Regulations), but the order has not been made before these Regulations come into force, then those steps need not be repeated and for the purpose of these Regulations they shall be deemed to have been taken under and in accordance with these Regulations, and any remaining procedural steps in connection with the order shall be determined by, and carried out or completed in accordance with, these Regulations as nearly as may be.
(4) Nothing in these Regulations shall apply to any order made before the coming into force of these Regulations.
PART II
PROCEDURE BEFORE MAKING THE ORDER
Consultation with police
4.—(1) Before making any order to which these Regulations apply the Secretary of State shall consult with the chief constable for the police force maintained for the 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) is additional to any consultation required by the Act.
(3) This regulation has effect subject to regulation 13 below.
Publication of proposals
5.—(1) Before making the 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 1 of Schedule 1 to these Regulations;
(b)
(b) publish a similar notice in the Edinburgh Gazette;
(c)
(c) serve upon the relevant authority a copy of the notice of proposals containing the particulars aforesaid and a copy of the order as drafted;
(d)
(d) comply with the relevant requirements of Schedule 2 as to the notices to be displayed in each road or other place 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 Edinburgh 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.
(3) This regulation has effect subject to regulations 13 and 14 below.
Objections
6.—(1) The period during which objections to the order can be made shall begin not earlier than the date on which the Secretary of State has complied with the requirements of paragraph (1)(a), (b) and (c) of regulation 5 and (where such display is required) has begun to display the notices required by paragraph 1(d) of that regulation, and shall continue, in the case of...
To continue reading
Request your trial