124B Orders of the Authority changing what are GLA side roads.
(1) The Mayor of London shall keep under review the roads and proposed roads which have junctions with GLA roads or with other roads having such junctions and shall consider the extent to which such roads should be or cease to be GLA side roads.
(2) If the Mayor of London considers it expedient—
(a) that any road or proposed road in Greater London, other than a trunk road or other road for which the Secretary of State or a strategic highways company is the highway authority, should become a GLA side road, or
(b) that any GLA side road should cease to be such a road and should become a road for which the traffic authority is a London borough council or the Common Council of the City of London,
the Greater London Authority may by order direct that that road or proposed road shall become, or (as the case may be) that that GLA side road shall cease to be, a GLA side road as from such date as may be specified in that behalf in the order.
(3) Where an order under subsection (2) above directs that a road or proposed road shall become a GLA side road, it shall become such a road as from the date specified in that behalf in the order.
(4) Where an order under subsection (2) above directs that a GLA side road shall cease to be such a road, then, as from the date specified in that behalf in the order, the road shall cease to be a GLA side road and the following authority, that is to say—
(a) where the road is situated in a London borough, the council for the London borough, and
(b) where the road is situated in the City of London, the Common Council of the City of London,
shall become the traffic authority for the road.
(5) An order under subsection (2) above shall be of no effect unless—
(a) it is made with the consent of the relevant traffic authority; or
(b) if that consent is refused, it is confirmed (with or without modification) by the Secretary of State.
(6) For the purposes of subsection (5) above, the relevant traffic authority is—
(a) in the case of an order directing that a road or proposed road shall become a GLA side road, the authority that is the traffic authority for the road or proposed road; and
(b) in the case of an order directing that a GLA side road shall cease to be such a road, the authority that will become the traffic authority for the road in consequence of the order.
(7) An order under subsection (2) above may vary, revoke or re-enact with or without modifications—
(a) any other order under that subsection (whether or not that other order was confirmed by the Secretary of State); or
(b) an order of the Secretary of State under section 124A(1) of this Act.
(8) Where a GLA side road becomes a GLA road it shall cease to be a GLA side road.
(9) In this section, notwithstanding section 142(4) of this Act, a reference to a GLA road does not include a reference to a GLA side road.
(1) A certificate by or on behalf of Transport for London that any road or proposed road is, or is not, for the time being a GLA side road shall be evidence of the facts stated in the certificate.
(2) A certificate under subsection (1) above may describe the road or proposed road in question by reference to a map.
(3) Transport for London shall prepare and maintain a record of the roads which are for the time being GLA side roads.
(4) The record required to be prepared and maintained under subsection (3) above may consist of—
(a) a list;
(b) a map; or
(c) a list and a map.
(5) Transport for London shall deposit a copy of that record with the Greater London Authority, each of the London borough councils and the Common Council of the City of London.
(6) Transport for London, and the Greater London Authority, each of the London borough councils and the Common Council of the City of London, shall make the record, or (as the case may be) the copies of the record deposited with them, available for inspection by the public at all reasonable hours.
(7) The record prepared and maintained by Transport for London under this section may be combined with the record which it is required to prepare and maintain under section 14C of the Highways Act 1980.
(1) For the purposes of sections 6(1) and (2), 9, 73, 82(2) and 84(1) and (3) of this Act, where any part of the width of a road is in Greater London, the whole width of the road shall be deemed to be in Greater London.
(2) Subject to subsection (1) above, any powers which, under the provisions specified in subsection (3) below, are exercisable by a local authority as respects a road (including powers exercisable by such an authority as highway authority) shall, in the case of a road part of the width of which is in the area of one local authority and part in the area of another, be exercisable by either authority with the consent of the other.
(3) The provisions referred to in subsection (2) above are sections 1(2), 9, 14, 19(1), 23(1), 29(1), . . .32(1), 57(1) and (2), 68, 82(2) and 84.
(4) In this section “local authority” means the council of a county, metropolitan district London borough, parish or community or the Common Council of the City of London . . ..
(5) This section does not extend to Scotland.
126 Exercise of powers as respects part of width of road.
(1) Any power which is exercisable in relation to any road under the provisions specified in subsection (2) below, otherwise than by virtue of section 125 of this Act, shall be exercisable with respect to the whole or any part of the width of the road.
(2) The provisions referred to in subsection (1) above are sections 9, 67(3), 82, 83, 84, 88 and 92 of this Act.
127 Footpaths, bridleways , restricted byways and byways open to all traffic.
(1) In relation to any footpath, bridleway , restricted byway or byway open to all traffic—
(a) any reference in section 2(3) or 14 of this Act to pedestrians shall be construed as including a reference to persons to whom subsection (2) below applies, and
(b) any reference in any provision of this Act (except this section) to traffic shall be construed as including a reference to pedestrians and to persons to whom that subsection applies.
(2) This subsection applies to any person driving, riding or leading a horse or other animal of draught or burden.
(3) In this section—
(a) “footpath” does not include a highway over which the public have a right of way on foot only which is at the side of a public road; and
(b) “byway open to all traffic” means a highway over which the public have a right of way for vehicular and all other kinds of traffic, but which is used by the public mainly for the purpose for which footpaths and bridleways are so used.
(4) For the purposes of this section a highway at the side of a river, canal or inland navigation shall not be excluded from the definition of a footpath, bridleway , restricted byway or byway open to all traffic by reason only that the public have a right to use the highway for purposes of navigation, if the highway would fall within that definition if the public had no such right.
(5) This section does not extend to Scotland.
(1) Subject to the provisions of this section and section 132 of this Act, the provisions of this Act specified in subsection (2) below shall apply to vehicles and persons in the public service of the Crown.
(2) The provisions referred to in subsection (1) above are—
(a) sections 1 to 5, 9 to 16C, 21 to 26, 38, 42, 45 to 51, 52 . . . (3), 58 to 60, 62 to 67, 69 to 71, 76 to 90, 99, 100, 104, 105, 125 and 126;
(b) except in relation to vehicles and persons in the armed forces of the Crown when on duty, sections 6 to 8; and
(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) In relation to vehicles used for naval, military or air force purposes, while being driven by persons for the time being subject to the orders of a member of the armed forces of the Crown, the Secretary of State may by regulations vary the provisions of any statutory provision imposing a speed limit on motor vehicles; but regulations under this subsection may provide that any variation made by the regulations shall have effect subject to such conditions as may be specified in the regulations.
(4), (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
131 Application of road traffic enactments to Crown roads.
(1) The relevant authority may, with the consent of the appropriate Crown authority or authorities concerned, by order direct that, subject to subsection (3) below and to such exceptions, adaptations and modifications appearing to the relevant authority to be necessary or expedient as may be specified in the order, all or any of the road traffic enactments shall apply to all Crown roads, or to any specified Crown road or Crown roads, or to Crown roads of a specified class, as they apply in relation to other roads to which the public has access.
(2) Without prejudice to the generality of subsection (1) above, but subject to subsection (3) below, any order under subsection (1) above with respect to any of the road traffic enactments may in particular include provision—
(a) for enabling functions with respect to a road exercisable under the enactment in question by the local authority or the local traffic authority to be exercised with respect to a Crown road by the appropriate Crown authority or by a particular local authority or local traffic authority;
(b) for enabling power to make an order, regulation or scheme under the enactment in question with respect to a Crown road, which would otherwise be exercisable by a local authority or local traffic authority, to be exercised instead by the relevant authority , and for requiring the consent of the relevant authority to the variation or revocation by any other authority of such an order, regulation or scheme made by the relevant authority ;
(c) for a certificate of the appropriate Crown authority or of the relevant authority that the appropriate Crown authority or relevant authority has, or has not, consented to the doing of anything for which under the order or under this section the consent of the appropriate Crown authority or (as the case may be) of the relevant authority is required to be evidence (and, in Scotland, sufficient evidence) of the facts stated;
(d) for exempting from any provision of the enactment in question persons and vehicles on a Crown road in the service of the Crown or of an agent of the Crown.
(3) No order, regulation or scheme in relation to a Crown road shall be made, varied or revoked under any of the road traffic enactments by virtue of an order under subsection (1) above except by, or with the consent of, the appropriate Crown authority.
(4) With a view to the avoidance of doubt, the road traffic enactments specified in an order under subsection (1) above may include any provision of those enactments notwithstanding that it would have applied in relation to Crown roads apart from the making of the order; and inclusion in the order of a provision which would so have applied shall not prejudice anything done under that provision in relation to a Crown road before the coming into operation of the order.
(5) Any power to make an order under subsection (1) above shall be exercisable by statutory instrument which shall be suabject to annulment in pursuance of a resolution of either House of Parliament.
(6) Subsection (1) above shall have effect without prejudice to the provisions of section 132 of this Act in relation to certain Crown roads; and nothing in this section shall prejudice any enactment (in addition to this section and that section) which relates to Crown roads.
(7) In this section and in section 132 of this Act—
(a) “appropriate Crown authority”, in relation to a Crown road—
(i) in the case of a road on land belonging to Her Majesty in right of the Crown, means the Crown Estate Commissioners or other government department having the management of that land or the relevant person ;
(ii) in the case of a road on land belonging to Her Majesty in right of the Duchy of Lancaster, means the Chancellor of the Duchy;
(iii) in the case of a road on land belonging to the Duchy of Cornwall, means such person as the Duke of Cornwall or the possessor for the time being of the Duchy of Cornwall appoints;
(iv) in the case of a road on land belonging to a government department or held in trust for Her Majesty for the purposes of a government department, means that department;
and if any question arises under this paragraph as to what authority is the appropriate Crown authority in relation to any Crown road, that question shall be referred to the Treasury, whose decision shall be final;
(b) “Crown road” means a road, other than a highway or, in Scotland a public road, to which the public has access by permission granted by the appropriate Crown authority or otherwise granted by or on behalf of the Crown; and
(c) “road traffic enactments” means enactments (whether passed before or after or contemporaneously with or contained in this Act) relating to road traffic, including the lighting and parking of vehicles, and any order or other instrument having effect by virtue of any such enactment.
(8) In this section “relevant authority”—
(a) in relation to functions under this section so far as exercisable within devolved competence (within the meaning of the Scotland Act 1998), means the Scottish Ministers;
(b) otherwise, means the Secretary of State.
(9) In this section, “relevant person”, in relation to any land to which section 90B(5) of the Scotland Act 1998 applies, means the person who manages that land.
(1) In the following provisions of this section, references to a Crown road are references to a Crown road of a description mentioned in subsection (1)(a) or (b) of section 22 of this Act.
(2) Subject to the following provisions of this section, section 1 of this Act, as applied for the purposes set out in section 22(2) of this Act, shall have effect so as to authorise the making of a traffic regulation order as respects any Crown road, and an order (hereafter in this section also referred to as a “traffic regulation order”) may be made under section 22(3) as respects any Crown road.
(3) The consent of the appropriate Crown authority must be given before a traffic regulation order is made by virtue of subsection (2) above as respects a Crown road.
(4) A traffic regulation order made by virtue of subsection (2) above as respects a Crown road shall not apply to vehicles or persons in the public service of the Crown except so far as is expressly provided in the order, and the inclusion of any such express provision in an order not made by the Secretary of State shall require his approval.
(5) If a traffic regulation order is or is to be made by virtue of subsection (2) above as respects a Crown road, the traffic authority may, after consultation with the appropriate Crown authority, place and maintain, or cause to be placed and maintained, such traffic signs of any type prescribed, or authorised, under section 64 of this Act as the traffic authority may consider necessary in connection with the order.
The powers conferred by this subsection shall be exercisable subject to and in conformity with any general directions given under section 65(1) of this Act, and any other power conferred by section 65 to give directions to a local traffic authority includes power to give the like directions to them as respects the Crown road , but after consultation with the appropriate Crown authority.
(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
132AA Royal Parks or highways in London affected by proposals relating to the other.
(1) The Secretary of State shall not exercise any of his functions in relation to the management of roads or traffic in a Royal Park in such a way as to affect a highway in Greater London unless he has consulted—
(a) the traffic authority for the highway, and
(b) Transport for London,
about the exercise of those functions in that way.
(2) The duty imposed by subsection (1) above shall not apply if it would not be reasonably practicable for the Secretary of State to consult the traffic authority or Transport for London before exercising functions; but, in such a case, as soon as practicable after so exercising functions the Secretary of State shall inform the traffic authority and Transport for London that those functions have been so exercised.
(3) A traffic authority shall not exercise any of its functions in relation to a highway in Greater London in such a way as to affect a Royal Park unless it has consulted the Secretary of State about the exercise of those functions in that way.
(4) The duty imposed by subsection (3) above shall not apply if it would not be reasonably practicable for the traffic authority to consult the Secretary of State before exercising functions; but, in such a case, as soon as practicable after so exercising functions the highway authority shall inform the Secretary of State that those functions have been so exercised.
(5) In this section “ Royal Park ” means any park to which the Parks Regulation Act 1872 applies (see sections 1 and 3 of the Parks Regulation (Amendment) Act 1926).
(1) Subsection (3) of section 130 of this Act shall have effect in relation to motor vehicles used for salvage purposes pursuant to Part IX of the Merchant Shipping Act 1995 as it has effect in relation to vehicles used for naval, military or air force purposes while being driven as mentioned in that subsection.
(2) In this section “salvage” means the preservation of a vessel which is wrecked, stranded or in distress, or the lives of persons belonging to, or the cargo or apparel of, such a vessel.
(1) Any power conferred by this Act on the Secretary of State or on the Lord Chancellor, ... to make regulations shall be exercisable by statutory instrument.
(2) Before making any regulations under any provision of this Act except sections ... 103(1), 104, 108 to 110, Schedule 4, Schedule 8 and Schedule 12, the Secretary of State... shall consult with such representative organisations as he ... fit.
(3) A statutory instrument whereby any such power as is mentioned in subsection (1) above is exercised (other than the power conferred by sections 86, 97 , 101B or 140 of this Act) shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(3A) Before making regulations under section 25, 64 or 87(1)(b) the Secretary of State must consult with the Scottish Ministers.
(3B) Before making regulations under section 25 or 64 the Secretary of State must consult with the Welsh Ministers.
(4) Regulations madeby the Secretary of State under section 86 or section 140 of this Act shall not have effect unless approved by a resolution of each House of Parliament.
(5) No regulations shall be made under section 97 or section 101B of this Act unless a draft has been laid before Parliament and has been approved by a resolution of each House of Parliament.
(5A) Subsections (2) to (5) do not apply to regulations under Part 2A; instead—
(a) a statutory instrument by which the power conferred by section 22I is exercised is subject to annulment in pursuance of a resolution of either House of Parliament;
(b) no regulations may be made under any other provision of Part 2A unless a draft has been laid before Parliament and has been approved by a resolution of each House of Parliament;
(c) but a statutory instrument by which the power conferred by section 22I is exercised may, where the power conferred by any other provision of Part 2A is exercised by the same instrument, be made under the procedure described in paragraph (b) instead of the procedure mentioned in paragraph (a).
(6) Regulations made by the Scottish Ministers under this Act (except section 86) are subject to the negative procedure.
(7) Before making regulations under section 25, 64 or 87(1)(b) the Scottish Ministers must consult with the Secretary of State.
(8) Before making regulations under this Act, except section 82(1)(b), the Scottish Ministers must consult with such representative organisations as they think fit.
(9) Any power conferred by this Act on the Welsh Ministers to make regulations is exercisable by statutory instrument.
(10) Before making regulations under a provision of this Act (except sections 103(1), 108 to 110, Schedule 4, Schedule 8 and Schedule 12), the Welsh Ministers must consult with such representative organisations as they think fit.
(11) A statutory instrument containing regulations made by the Welsh Ministers under this Act (except section 86) is subject to annulment in pursuance of a resolution of the National Assembly for Wales.
(12) Regulations made by the Welsh Ministers under section 86 do not have effect unless approved by a resolution of the National Assembly for Wales.
(13) Before making regulations under section 25 or 64 the Welsh Ministers must consult with the Secretary of State.
(1) The Secretary of State may, after consultation with the Council of the Isles of Scilly, by order made by statutory instrument provide that any provision of this Act specified in the order shall apply to the Isles, subject to such modifications as may be so specified, as if the Isles were a separate county or a district.
(2) Subsection (1) above shall have effect without prejudice to the operation of section 265 of the Local Government Act 1972 (which relates to the application of that Act to the Isles of Scilly) or of any order made under that section.
136 Meaning of “motor vehicle” and other expressions relating to vehicles.
(1) In this Act, subject to section 20 of the Chronically Sick and Disabled Persons Act 1970 (which makes special provision with respect to invalid carriages), “motor vehicle” means a mechanically propelled vehicle intended or adapted for use on roads, and “trailer” means a vehicle drawn by a motor vehicle.
(2) In this Act “motor car” means a mechanically propelled vehicle, not being a motor cycle or an invalid carriage, which is constructed itself to carry a load or passengers and of which the weight unladen—
(a) if it is constructed solely for the carriage of passengers and their effects, is adapted to carry not more than 7 passengers exclusive of the driver, and is fitted with tyres of such type as may be specified in regulations made by the Secretary of State, does not exceed 3050 kilograms;
(b) if it is constructed or adapted for use for the conveyance of goods or burden of any description, does not exceed 3050 kilograms (or 3500 kilograms if the vehicle carries a container or containers for holding, for the purposes of its propulsion, any fuel which is wholly gaseous at 17·5 degrees Celsius under a pressure of 1·013 bar or plant and materials for producing such fuel); or
(c) in a case falling within neither of the foregoing paragraphs, does not exceed 2540 kilograms.
(3) In this Act “heavy motor car” means a mechanically propelled vehicle, not being a motor car, which is constructed itself to carry a load or passengers and of which the weight unladen exceeds 2540 kilograms.
(4) In this Act (except for the purposes of sections 57 and 63) “motor cycle” means a mechanically propelled vehicle (not being an invalid carriage) with fewer than 4 wheels, of which the weight unladen does not exceed 410 kilograms.
(5) In this Act “invalid carriage” means a mechanically propelled vehicle of which the weight unladen does not exceed 254 kilograms and which is specially designed and constructed, and not merely adapted, for the use of a person suffering from some physical default or disability and is used solely by such a person.
(6) In this Act “motor tractor” means a mechanically propelled vehicle which is not constructed itself to carry a load, other than excepted articles, and of which the weight unladen does not exceed 7370 kilograms.
(7) In this Act “light locomotive” and “heavy locomotive” mean a mechanically propelled vehicle which is not constructed itself to carry a load, other than excepted articles, and of which the weight unladen—
(a) in the case of a light locomotive, exceeds 7370 but does not exceed 11690 kilograms, and
(b) in the case of a heavy locomotive, exceeds 11690 kilograms.
(8) In subsections (6) and (7) above “excepted articles” means any of the following, that is to say, water, fuel, accumulators and other equipment used for the purpose of propulsion, loose tools and loose equipment.
(1) A sidecar attached to a motor vehicle shall, if it complies with such conditions as may be specified in regulations made by the Secretary of State, be regarded as forming part of the vehicle to which it is attached and not as being a trailer.
(2) For the purposes of section 136 of this Act, in a case where a motor vehicle is so constructed that a trailer may by partial superimposition be attached to the vehicle in such a manner as to cause a substantial part of the weight of the trailer to be borne by the vehicle, that vehicle shall be deemed to be a vehicle itself constructed to carry a load.
(3) For the purposes of that section, in the case of a motor vehicle fitted with a crane, dynamo, welding plant or other special appliance or apparatus which is a permanent or essentially permanent fixture, the appliance or apparatus shall not be deemed to constitute a load or goods or burden of any description, but shall be deemed to form part of the vehicle.
(4) The Secretary of State may by regulations vary any of the maximum or minimum weights specified in section 136 of this Act; and such regulations may have effect—
(a) either generally or in the case of vehicles of any class specified in the regulations, and
(b) either for the purposes of this Act and of all regulations made under it or for such of those purposes as may be so specified.
(5) Nothing in section 86 of this Act shall be construed as limiting the powers conferred by subsection (4) above.
(1) Subject to subsections (4) to (7) below, in this Act “heavy commercial vehicle” means any goods vehicle which has an operating weight exceeding 7.5 tonnes.
(2) The operating weight of a goods vehicle for the purposes of this section is—
(a) in the case of a motor vehicle not drawing a trailer, or in the case of a trailer, its maximum laden weight;
(b) in the case of an articulated vehicle, its maximum laden weight (if it has one) and otherwise the aggregate maximum laden weight of all the individual vehicles forming part of that articulated vehicle; and
(c) in the case of a motor vehicle (other than an articulated vehicle) drawing one or more trailers, the aggregate maximum laden weight of the motor vehicle and the trailer or trailers attached to it.
(3) In this section—
“articulated vehicle” means a motor vehicle with a trailer so attached to it as to be partially superimposed upon it;
“goods vehicle” means a motor vehicle constructed or adapted for use for the carriage of goods or burden of any description, or a trailer so constructed or adapted;
“trailer” means any vehicle other than a motor vehicle;
and references to the maximum laden weight of a vehicle are references to the total laden weight which must not be exceeded in the case of that vehicle if it is to be used in Great Britain without contravening any regulations for the time being in force under section 41 of the Road Traffic Act 1988 (construction and use regulations).
(4) The Secretary of State may by regulations amend subsections (1) and (2) above (whether as originally enacted or as previously amended under this subsection)—
(a) by substituting weights of a different description for any of the weights there mentioned, or
(b) in the case of subsection (1) above, by substituting a weight of a different description or amount, or a weight different both in description and amount, for the weight there mentioned.
(5) Different regulations may be made under subsection (4) above for the purposes of different provisions of this Act and as respects different classes of vehicles or as respects the same class of vehicles in different circumstances and as respects different times of the day or night and as respects roads in different localities.
(6) Regulations made under subsection (4) above shall not so amend subsection (1) above that there is any case in which a goods vehicle whose operating weight (ascertained in accordance with subsection (2) above as originally enacted) does not exceed 7·5 tonnes is a heavy commercial vehicle for any of the purposes of this Act.
(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(1) For the purposes of this Act, a hovercraft—
(a) shall be a motor vehicle, whether or not it is intended or adapted for use on roads; but
(b) shall be treated, subject to subsection (2) below, as not being a vehicle of any of the classes defined in subsections (2) to (7) of section 136 of this Act.
(2) The Secretary of State may by regulations provide—
(a) that any provision of this Act,which would otherwise apply to hovercraft, shall not apply to them or shall apply to them subject to such modifications as may be specified in the regulations, or
(b) that any such provision, which would not otherwise apply to hovercraft, shall apply to them subject to such modifications (if any) as may be so specified.
(3) In this section “hovercraft” has the same meaning as in the Hovercraft Act 1968.
140 Certain vehicles not to be treated as motor vehicles.
(1) For the purposes of this Act—
(a) a mechanically propelled vehicle which is an implement for cutting grass, is controlled by a pedestrian and is not capable of being used or adapted for any other purpose;
(b) any other mechanically propelled vehicle controlled by a pedestrian which may be specified by regulations made by the Secretary of State for the purposes of this section and of section 189 of the Road Traffic Act 1988; and
(c) an electrically assisted pedal cycle of such class as may be prescribed by regulations so made,
shall be treated as not being a motor vehicle.
(2) In this section “controlled by a pedestrian” means that the vehicle either—
(a) is constructed or adapted for use only under such control, or
(b) is constructed or adapted for use either under such control or under the control of a person carried on it, but is not for the time being in use under, or proceeding under, the control of a person carried on it.
(1) The Secretary of State may by regulations provide that such of the provisions mentioned in subsection (2) below as are specified in the regulations shall not apply, or shall apply with modifications—
(a) to all tramcars or to tramcars of any specified class, or
(b) to all trolley vehicles or to trolley vehicles of any specified class.
(2) The provisions referred to in subsection (1) above are the provisions of sections 1 to 14 16A to 16C, 18 and 81 to 89 of this Act.
(3) Regulations under this section—
(a) may make different provision for different cases,
(b) may include such transitional provisions as appear to the Secretary of State to be necessary or expedient, and
(c) may make such amendments to any special Act as appear to the Secretary of State to be necessary or expedient in consequence of the regulations or in consequence of the application to any tramcars or trolley vehicles of any of the provisions mentioned in subsection (2) above.
(4) In this section—
“special Act” means a local Act of Parliament passed before the commencement of this section which authorises or regulates the use of tramcars or trolley vehicles;
“tramcar” includes any carriage used on any road by virtue of an order under the Light Railways Act 1896; and
“trolley vehicle” means a mechanically propelled vehicle adapted for use on roads without rails under power transmitted to it from some external source (whether or not there is in addition a source of power on board the vehicle).
(1) In this Act, except where the context otherwise requires, the following expressions have the meanings hereby assigned to them respectively, that is to say—
“bridge authority” means the authority or person responsible for the maintenance of a bridge;
“bridleway” means a way over which the public have the following, but no other, rights of way, that is to say, a right of way on foot and a right of way on horseback or leading a horse, with or without a right to drive animals of any description along the way;
“credit card” and “debit card” have the meanings given by section 35A(6) of this Act;
“designation order” means an order under section 45 of this Act (including any order so made by virtue of section 50(1) of this Act) and “designated parking place” means a parking place designated by a designation order;
“disabled person’s badge” means any badge issued, or having effect as if issued, under any regulations for the time being in force under section 21 of the Chronically Sick and Disabled Persons Act 1970;
“disabled person’s vehicle” means a vehicle lawfully displaying a disabled person’s badge;
“driver”, where a separate person acts as steersman of a motor vehicle, includes that person as well as any other person engaged in the driving of the vehicle, and “drive” and “driving” shall be construed accordingly;
“excess charge” has the meaning assigned to it by section 46(1) of this Act;
“experimental traffic order” has the meaning assigned to it by section 9(1) of this Act;
except in section 71(2) of this Act, “footpath” means a way over which the public has a right of way on foot only;
“GLA road” (subject to subsection (4) below) has the same meaning as in the Highways Act 1980 (see sections 329(1) and 14D(1) of that Act);
“GLA side road” shall be construed in accordance with section 124A(9) of this Act;
...
“initial charge” has the meaning assigned to it by section 46(1) of this Act;
...
...
“magistrates’ court” has the same meaning as in the Magistrates’ Courts Act 1980;
...
“national authority”—
in relation to a function so far as exercisable within devolved competence, within the meaning of the Scotland Act 1998, means the Scottish Ministers;
in relation to Wales, means the Welsh Ministers;
otherwise, means the Secretary of State
subject to section 111(3) and (4) of, and paragraph 11(2) and (3) of Schedule 12 to, this Act, “owner”, in relation to a vehicle which is subject to a hiring agreement or hire-purchase agreement, means the person in possession of the vehicle under that agreement;
“off-street parking accommodation” means parking accommodation for motor vehicles off the highway or, in Scotland, off the road;
“parking device” has the meaning assigned to it by section 35(3B) or, as the case may be, section 51(4) of this Act;
“parking meter” has the meaning assigned to it by section 46(2)(a) of this Act;
“prescribed” means prescribed by regulations made by the Secretary of State;
“public road” has the same meaning as in the Roads (Scotland) Act 1984;
“public service vehicle” has the same meaning as in the Public Passenger Vehicles Act 1981;
“restricted byway” has the same meaning as in Part 2 of the Countryside and Rights of Way Act 2000;
“road”—
in England and Wales, means any length of highway or of any other road to which the public has access, and includes bridges over which a road passes, and
in Scotland, has the same meaning as in the Roads (Scotland) Act 1984;
...
“special road”, in England and Wales, has the same meaning as in the Highways Act 1980, and in Scotland has the same meaning as in the Roads (Scotland) Act 1984;
“statutory”, in relation to any prohibition, restriction, requirement or provision, means contained in, or having effect under, any enactment (including any enactment contained in this Act);
“strategic highways company” means a company appointed under section 1 of the Infrastructure Act 2015;
“street parking place” and “off-street parking place” refer respectively to parking places on land which does, and on land which does not, form part of a road;
“traffic authority” and “local traffic authority” have the meaning given by section 121A of this Act;
“traffic sign” has the meaning assigned to it by section 64(1) of this Act; and
“traffic regulation order” has the meaning assigned to it by section 1 of this Act.
“trunk road” has the same meaning as in the Highways Act 1980 (see section 329(1) of that Act)
(1A) In this Act—
(a) any reference to a county shall be construed in relation to Wales as including a reference to a county borough;
(b) any reference to a county council shall be construed in relation to Wales as including a reference to a county borough council; and
(c) section 17(4) and (5) of the Local Government (Wales) Act 1994 (references to counties and districts to be construed generally in relation to Wales as references to counties and county boroughs) shall not apply.
(2) Any reference in this Act to a tricycle shall be construed as including a reference to a cycle which is not a motor vehicle and has 4 or more wheels.
(3) References in this Act to a class of vehicles or traffic (other than the references in section 17) shall be construed as references to a class defined or described by reference to any characteristics of the vehicles or traffic or to any other circumstances whatsoever.
(4) Any reference in this Act to a GLA road includes a reference to a GLA side road.
(1) Nothing in this Act shall authorise a person to use on a road a vehicle so constructed or used as to cause a nuisance, or affect the liability, whether under statute or common law, of the driver or owner so using such a vehicle.
(2) In this section, in its application to England and Wales, “nuisance” means a public or a private nuisance.
(1) The transitional provisions and savings in Schedule 10 to this Act shall have effect.
(2) The enactment in this Act of the provisions specified in the first column of Schedule 11 to this Act (being re-enactments, with or without modifications, of provisions contained in the instruments specified in the corresponding entries in the second column of that Schedule, which were instruments made in the exercise of powers conferred by Acts of Parliament) shall be without prejudice to the validity of those re-enacted provisions; and any question as to their validity shall be determined as if the re-enacted provisions were contained in instruments made in the exercise of those powers.
Subject to sections 144 and 145 of this Act—
(a) the Acts specified in Schedule 13 to this Act shall have effect subject to the amendments specified in that Schedule; and
(b) the Acts specified in Schedule 14 to this Act are hereby repealed to the extent specified in the third column of that Schedule.
SCHEDULE 1 Matters as to which Orders can be made under Section 6
Section 6.
1 For prescribing the routes to be followed by all classes of traffic, or by any class or classes of traffic, from one specified point to another, either generally or between any specified times.
2 For prescribing streets which are not to be used for traffic by vehicles, or by vehicles of any specified class or classes, either generally or at specified times.
3 For regulating the relative position in the roadway of traffic of differing speeds or types.
4 For prescribing the places where vehicles, or vehicles of any class, may not turn so as to face in the opposite direction to that in which they were proceeding, or where they may only so turn under conditions prescribed by the order.
5 For prescribing the conditions subject to which, and the times at which, articles of exceptionally heavy weight or exceptionally large dimensions may be carried by road.
6 For prescribing the number and maximum size and weight of trailers which may be drawn on streets by vehicles, or by vehicles of any class, either generally or on streets of any class or description, and for prescribing that a man should be carried on the trailer or, where more than one trailer is drawn, on the rear trailer for signalling to the driver.
7 For prescribing the conditions subject to which, and the times at which, articles may be loaded on to or unloaded from vehicles, or vehicles of any class, on streets.
8 For prescribing the conditions subject to which, and the times at which, vehicles, or vehicles of any class, delivering or collecting goods or merchandise, or delivering goods or merchandise of any particular class, may stand in streets, or in streets of any class or description, or in specified streets.
9 For prescribing the conditions subject to which, and the times at which, vehicles, or vehicles of any class, may be used on streets for collecting refuse.
10 For prescribing rules as to precedence to be observed as between vehicles proceeding in the same direction, in opposite directions, or when crossing.
11 For prescribing the conditions subject to which, and the times at which, horses, cattle, sheep and other animals may be led or driven on streets within Greater London.
12 For requiring the erection, exhibition or removal of traffic notices, and as to the form, plan and character of such notices.
13 Broken down vehicles.
14 Vehicles, or vehicles of any class, when unattended.
15 Places in streets where vehicles, or vehicles of any class, may, or may not, wait, either generally or at particular times.
16 Cabs and hackney carriages not hired and being in a street elsewhere than on a cab rank.
17 For restricting the use of vehicles and animals, and sandwichmen and other persons, in streets for the purposes of advertisement of such a nature or in such a manner as is to be likely to be a source of danger or to cause obstruction to traffic.
18 The lighting and guarding of street works.
19 The erection or placing or the removal of any works or objects likely to hinder the free circulation of traffic in any street or likely to cause danger to passengers or vehicles.
20 Queues of persons waiting in streets.
21 Priority of entry to public vehicles.
22 For enabling any police, local or other public authority to do anything which under the order a person ought to have done and has failed to do, and to recover from the person so in default, summarily as a civil debt, the expenses of doing it.
1 Prescribing the routes to be followed by traffic from one specified point to another.
2 Prescribing streets which are not to be used for traffic.
3 Regulating the relative position in the roadway of traffic of differing speeds or types.
4 Prescribing the places where vehicles may not turn so as to face in the opposite direction to that in which they were proceeding, or where they may only so turn under prescribed conditions.
5 Prescribing the conditions subject to which, and the times at which, articles may be loaded on to, or unloaded from, vehicles on streets.
6 Prescribing the conditions subject to which, and the times at which, vehicles delivering or collecting goods or merchandise, or goods or merchandise of any particular class or classes, may stand in streets.
7 Prescribing rules as to precedence to be observed as between vehicles proceeding in the same direction, in opposite directions or when crossing.
8 Making provision as to vehicles when unattended.
9 Making provision as to places in streets where vehicles may, or may not, wait.
10 Making provision as to cab ranks, and as to ranks and stopping places of buses and other public conveyances.
Schedule 3A Licensing of provision of micromobility vehicles
Section 22H
Introduction
1 This Schedule is about the provision that may (or must) be made by regulations under section 22H.
Licence conditions
2 (1) The regulations may make provision about conditions that must be included, or must not be included, in a licence.
(2) The regulations may enable a licensing authority to include other conditions in a licence.
Duration, renewal, suspension and revocation of licence
3 (1) The regulations may make provision about the duration, renewal, suspension or revocation of a licence.
(2) That includes provision which gives the Secretary of State the power to direct a licensing authority not to renew, or to suspend or revoke, a licence.
(3) But any such regulations must provide that the power of direction may only be exercised for purposes specified or described in the regulations which relate to the protection of public safety.
Variation and transfer of licence
4 (1) The regulations may make provision about the variation of a licence.
(2) The regulations may make provision about the transfer of a licence to a different licensee.
Licence applications etc: process
5 (1) Regulations may make provision about the process for applying for a licence, and for renewing, varying or transferring a licence.
(2) The regulations may—
(a) require a licensing authority to be satisfied as to a matter specified in the regulations before granting, renewing, varying or transferring a licence;
(b) require a licensing authority to have regard to a matter specified in the regulations, in deciding whether to grant, renew, vary or transfer a licence.
(3) The regulations may enable the licensing authority—
(a) to specify the form and content of an application;
(b) to specify information to be provided in connection with an application;
(c) to specify the procedure for rectifying procedural irregularities;
(d) to specify the time limits for doing anything required to be done in connection with an application and any procedure for extending any such limits;
(e) to inspect sites, facilities, equipment or vehicles for the purposes of deciding an application, but may not give the licensing authority any power of entry.
6 (1) Regulations may make provision about the process for suspending or revoking a licence.
(2) The regulations may—
(a) require a licensing authority to be satisfied as to a matter specified in the regulations before suspending or revoking a licence;
(b) require a licensing authority to have regard to a matter specified in the regulations, in deciding whether to suspend or revoke a licence.
Monitoring
7 (1) The regulations may make provision about the issue by a licensing authority to a provider of micromobility vehicles of—
(a) a contravention notice, in a case where the authority knows or suspects that the provider—
(i) is in breach of its licence conditions, or
(ii) is doing anything that is likely to put the provider in breach;
(b) a warning notice, setting out the authority’s powers to vary, suspend or revoke a licence, in a case where a provider has failed to comply with a contravention notice;
(c) a prohibition notice, prohibiting the provider from carrying on activities specified in the notice.
(2) The regulations may provide that a notice mentioned in sub-paragraph (1) may include directions to the provider of micromobility vehicles, and may make provision about the consequences of failure to comply with a direction.
(3) The regulations—
(a) may enable the licensing authority to inspect sites, facilities, equipment or vehicles for the purposes of monitoring compliance with the terms of a licence;
(b) but may not give the licensing authority any power of entry.
Financial penalties
8 (1) The regulations may enable a licensing authority to impose a financial penalty in relation to—
(a) the breach of the prohibition in section 22E(1) or the prohibition in section 22E(2) (providing a micromobility vehicle without a licence);
(b) the breach of a condition included in a licence.
(2) The amount of the financial penalty is to be specified in, or determined in accordance with, the regulations.
(3) If the regulations confer power to impose a financial penalty in relation to the breach of the prohibition in section 22E(1) or the prohibition in section 22E(2) they must provide that a person is not liable to such a penalty in respect of conduct for which the person has been convicted of the offence under that section.
(4) If the regulations confer power to impose a financial penalty, they must include provision—
(a) requiring the licensing authority, before imposing a financial penalty on a person, to give the person written notice (a “notice of intent”) of the proposed financial penalty;
(b) ensuring that the person is given an opportunity to make representations about the proposed financial penalty;
(c) requiring the licensing authority, after the period for making representations, to decide whether to impose the financial penalty;
(d) requiring the licensing authority, if it decides to impose the financial penalty, to give the person notice in writing (a “final notice”) imposing the penalty;
(e) enabling a person on whom a financial penalty is imposed to appeal to a court or tribunal in accordance with the regulations;
(f) as to the powers of the court or tribunal on such an appeal.
(5) The provision that may be made by the regulations by virtue of sub-paragraph (1) includes provision—
(a) enabling a notice of intent or final notice to be withdrawn or amended;
(b) requiring the licensing authority to withdraw a final notice in circumstances specified in the regulations;
(c) for a financial penalty to be increased by an amount specified in or determined in accordance with the regulations in the event of late payment;
(d) as to how financial penalties are recoverable.
Decisions: reconsideration and appeals
9 (1) The regulations must make provision about—
(a) reconsideration by a licensing authority of its decisions, and
(b) appeals to the First-tier Tribunal against decisions of a licensing authority that have been reconsidered.
(2) The regulations may (in particular) make provision about—
(a) the decisions of the licensing authority which may be reconsidered or appealed;
(b) the grounds for requesting reconsideration of a decision or bringing an appeal;
(c) the person or persons by whom, and manner in which, a decision is to be reconsidered;
(d) the powers of the First-tier Tribunal on an appeal.
(3) The regulations must make provision about the procedure, and time limits, for—
(a) requesting the reconsideration of a decision, and
(b) bringing an appeal against a decision.
Fees
10 (1) The regulations may enable a licensing authority to create a charging scheme under which the authority may charge fees to a person providing micromobility vehicles in connection with the exercise of its functions under this Part.
(2) The regulations may require a licensing authority—
(a) before making a charging scheme, to consult persons who may be affected by the scheme;
(b) to publish its charging scheme.
Offences
11 The regulations may provide that a person is guilty of an offence if they—
(a) knowingly or recklessly provide false information to a licensing authority in connection with an application for a licence or for a renewal, variation or transfer of a licence;
(b) knowingly or recklessly provide false information in connection with reconsideration of, or an appeal against, a decision of a licensing authority.
Section 43.
Part I Provisions as to the Making of Regulations under Section 43
1 Before deciding to propose the making of regulations under section 43 of this Act with respect to any matter, the local authority shall consult with such representative organisations as they think fit and, if after such consultation they decide to make such a proposal, they shall cause to be published in the London Gazette and in one or more daily newspapers circulating throughout Greater London a notice stating that they propose to make such regulations, giving a summary of their effect, and specifying—
(a) a place at which provisional draft regulations may be inspected at all reasonable hours and from which a copy of those draft regulations may be obtained on request; and
(b) a date (not being earlier than six weeks after the date of publication of the notice) by which representations with respect to the draft regulations, which should include the grounds for any objection thereto, must be sent in writing to the local authority;
and on causing such a notice to be published the local authority shall send a copy of the notice and of the draft regulations to the Secretary of State . . . ; and the local authority shall not make any regulations in pursuance of the proposal to which the notice relates before the expiration of the period of twelve weeks beginning with the date when the notice is published.
2 As soon as may be after the date specified by the notice for the making of representations with respect to the draft regulations, the local authority shall send to the Secretary of State copies of all representations received by them by that date or, if no representations have been so received, shall inform the Secretary of State in writing of that fact.
3 In the case of any proposal, the Secretary of State may at any time before the expiration of the period of twelve weeks give to the local authority a direction in writing that, except with the consent of the Secretary of State, regulations shall not be made in pursuance of that proposal—
(a) with respect to all, or with respect to such as may be specified, of the matters to which the proposal relates; or
(b) in relation to, or to a specified part of, any specified area which has been or is proposed to be designated as a controlled area;
and on any such direction being given the Secretary of State shall cause notice thereof to be published in the London Gazette and the local authority shall comply with that direction.
4 (1) Where in the case of any proposal the Secretary of State has given a direction, he shall as soon thereafter as he is in a position to do so notify the local authority in writing with respect to each of the matters or areas to which the direction relates either—
(a) that he consents to the making of regulations with respect to that matter or in relation to that area in pursuance of that proposal; or
(b) that he is not prepared in any circumstances to consent to the making of such regulations in pursuance of that proposal; or
(c) that subject to sub-paragraph (2) below he is prepared to consider consenting to the making of such regulations in pursuance of that proposal if a revised draft is submitted to him for the purpose incorporating modifications of a specified nature or in other specified circumstances;
and before deciding the notification to be given to the local authority under this paragraph with respect to any matter or in relation to any area the Secretary of State may if he thinks fit appoint a person to hold any inquiry in connection with that matter or area, and subsections (2) to (5) of section 250 of the Local Government Act 1972 shall apply to any such inquiry as they apply to such an inquiry as is referred to in subsection (1) of that section, with the substitution for any reference to a department of a reference to the Secretary of State.
(2) The Secretary of State shall not consider any such revised draft as is referred to in sub-paragraph (1)(c) above unless he is satisfied that the local authority—
(a) have taken appropriate steps to inform any persons affected by the modifications incorporated in the revised draft of the nature of those modifications and have afforded those persons a reasonable opportunity to make representations with respect to the revised draft regulations; and
(b) have supplied the Secretary of State with copies of any such representations made.
5 (1) In the case of any proposal, the local authority may if they think fit at any time after the expiration of the period of twelve weeks make regulations in pursuance of that proposal with respect to any matter or in relation to any area which is not the subject of a direction under paragraph 3, or which is the subject of a consent under paragraph 4(1)(a) above, being regulations either—
(a) in the form of the provisional draft with any modifications necessary in consequence of any such direction with respect to any other matter or area; or
(b) subject to sub-paragraph (2) below, in the form of that draft modified in such manner as the local authority think fit, whether as a result of any representations to which paragraph 2 above applies or otherwise.
(2) The local authority shall not make any regulations by virtue of subparagraph (1)(b) above unless a draft of the regulations in the form in which they are to be made has been submitted to the Secretary of State and the Secretary of State has given his consent to their being made.
6 In deciding in the case of any proposal whether or not to make any regulations in pursuance thereof by virtue of paragraph 5 above the local authority shall have regard to any representations to which paragraph 2 above applies; and in deciding whether or not to give any consent under this Part of this Schedule to the making of regulations by the local authority in pursuance of any such proposal, the Secretary of State shall have regard to any such representations, to the report of any person appointed to hold an inquiry under paragraph 4 above in connection with the proposal in question, and to any such representations as are referred to in sub-paragraph (2) of paragraph 4; and the Secretary of State shall cause notice of the giving by him of any consent under this Part of this Schedule to be published in the London Gazette.
Part II Revocation or Variation of Permanent Licence
7 Subject to the provisions of Parts III and IV of this Schedule with respect to appeals and compensation, the provisions of this Part of this Schedule shall apply in relation to any permanent licence granted by the local authority.
8 If at any time it appears to the local authority expedient to do so in the interests of the proper planning of transport in their area, they may by not less than twelve months’ notice in writing to the holder of the licence either—
(a) revoke the licence; or
(b) vary the terms and conditions thereof specified under section 43(4)(b) and (c) of this Act.
9 If at any time it appears to the local authority that the holder of a licence (whether the person for the time being holding that licence or a previous holder thereof) has discontinued making parking spaces available to the public at the licensed parking place and that the discontinuance has lasted for a period of not less than two years, then, subject to paragraph 13 below, they may by notice in writing to the holder of the licence revoke it.
10 If at any time it appears to the local authority that for a period of not less than two years the person, or each of the persons, who was for the time being during that period the holder of a licence in respect of a licensed parking place has made available to the public at that parking place a substantially lower number of parking spaces than that authorised by the licence, then, subject to paragraph 13 below, they may by notice in writing to the holder of the licence vary the terms and conditions of the licence specified under section 43(4)(b) and (c) of this Act so as to authorise the provision at the licensed parking place of only that number of parking spaces which it appears to the local authority was being provided at the date of the notice.
11 If in the case of a licensed parking place which was ready for operation at the date of the grant of the licence the local authority are satisfied at any time that for a period of not less than two years beginning with that date the person, or each of the persons, who was for the time being during that period the holder of the licence has not made any significant number of parking spaces available to the public at the licensed parking place, then, subject to paragraph 13 below, they may by notice in writing to the holder of the licence revoke it.
12 (1) Where at the date when the licence was granted the development as a public off-street parking place of the premises in respect of which the licence was granted had not been begun or had not been completed then, subject to paragraph 13 below—
(a) if there has been a period of not less than three years since that date without that development being begun, or
(b) if there has been a period of not less than seven years since that date without that development being completed, or
(c) if for a period of not less than two years beginning with the date of the completion of that development the person, or each of the persons, who was for the time being during that period the holder of the licence has not made any significant number of parking spaces available to the public at the licensed parking place,
the local authority may by notice in writing to the holder of the licence revoke it.
(2) For the purposes of sub-paragraph (1) above the development there referred to shall be taken to begin at the earliest date on which any material operation within the meaning of section 56(4) of the Town and Country Planning Act 1990 comprised in that development begins to be carried out.
13 Where notice under paragraph 9, 10, 11 or 12(1) above is given after the expiration of the relevant period referred to in the paragraph in question the notice shall be of no effect if it is given more than three months after the expiration of that period.
Part III Rights of Appeal
14 (1) If a person who is, or who proposes to become, the operator of a public off-street parking place in a controlled area or any other person entitled to an interest in the premises used or proposed to be used for the purposes of that parking place is aggrieved by a decision of the local authority—
(a) to refuse an application for the grant of a licence in respect of those premises; or
(b) as to the terms and conditions to be specified under section 43(4) (b) and (c) of this Act in a licence granted in respect of those premises; or
(c) to refuse an application for a variation of the terms and conditions so specified in a permanent licence granted in respect of those premises; or
(d) to revoke a licence granted in respect of those premises; or
(e) to vary under Part II of this Schedule any of the terms and conditions specified under the said section 43(4)(b) and (c) in a permanent licence granted in respect of those premises,
he may by notice served within such time (not being less than twenty-eight days from the date of notification of the decision to which it relates) and in such manner as the Secretary of State may by regulations under paragraph 17 below direct, appeal to the Secretary of State from that decision.
(2) If in a case where—
(a) a person makes an application to the local authority for a licence in respect of premises in respect of which a licence is not for the time being in force; or
(b) the person who is the holder of a permanent licence in respect of any premises duly makes an application to the local authority for a specified variation of the terms and conditions of the licence specified under the said section 43(4)(b) and (c),
the local authority have not notified that person of their decision on his application by the expiration of the period of two months beginning with the date when they received the application or such longer period beginning with that date as may have been agreed for the purpose between that person and the local authority, the local authority shall be deemed for the purposes of this Schedule to have notified that person at the date of the expiration of that period that they have decided to refuse the application.
15 The Secretary of State shall not be required to entertain an appeal under this Part of this Schedule from any decision of a local authority if or to the extent that it appears to him that the decision was necessary in order to comply with the requirements of section 43 of this Act or with any regulations made by the local authority by virtue of subsection (6) of that section which are for the time being in force.
16 (1) Subject to sub-paragraph (2) below, before determining an appeal under this Part of this Schedule the Secretary of State shall, if either the appellant or the local authority so request, afford to each of them an opportunity of appearing before, and being heard by, a person appointed by the Secretary of State for the purpose.
(2) If the Secretary of State thinks fit in any case where such a request is made, he may, instead of complying with that request, appoint a person to hold an inquiry in connection with the appeal, and subsections (2) to (5) of section 250 of the Local Government Act 1972 shall apply to any such inquiry as they apply to such an inquiry as is referred to in subsection (1) of that section, with the substitution for any reference to a department of a reference to the Secretary of State.
17 (1) The Secretary of State may by regulations make provisions as to the procedure to be followed in connection with appeals under this Part of this Schedule, including the procedure in connection with matters preparatory to, or subsequent to, the consideration of the appeal.
(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
18 (1) On an appeal being brought under this Part of this Schedule from a decision of the local authority, the Secretary of State may either dismiss the appeal or substitute for that decision such other decision, as he thinks fit; and, subject to sub-paragraph (2) below, the decision of the Secretary of State on the appeal shall be final and shall be binding both on the appellant and on the local authority, and the local authority shall take such steps as may be necessary to give effect to any such substituted decision.
(2) Subsection (1) of section 11 of the Tribunals and Inquiries Act 1992(which relates to appeals on points of law from decisions of certain tribunals) shall apply to a decision of the Secretary of State on an appeal under this Part of this Schedule as it applies to a decision of any of the tribunals mentioned in that subsection, but as if the reference to any party to proceedings before such a tribunal were a reference to the local authority or any person who had, or if aggrieved would have had, a right to appeal to the Secretary of State under this Part of this Schedule, whether or not he has exercised that right; and accordingly references in subsections (1) and (4)of that section to a tribunal shall be construed in relation to such an appeal as references to the Secretary of State.
Part IV Right to Compensation in Certain Circumstances
19 Where a person who, at the date when the area is first designated as a controlled area by regulations of the local authority under section 43 of this Act, is the operator of a public off-street parking place at premises in that area which have at that date been used as such a parking place for a continuous period of not less than six months duly makes an application to the local authority for a licence in respect of those premises before the expiration of the period prescribed for such applications in respect of parking places in operation at that date, and the local authority decide either—
(a) to refuse the application; or
(b) to grant the applicant a licence on terms and conditions specified under subsection (4)(b) and (c) of section 43 such that under the licence the applicant will not be able to operate the premises as a parking place to such advantage or potential advantage as immediately before he made his application,
paragraph 22 below shall apply to that decision of the local authority.
20 Where—
(a) at the date when notice of a proposal to make regulations under section 43 of this Act designating an area as a controlled area for the purposes of that section is published by the local authority under paragraph 1 above—
(i) planning permission has been granted for a development which consists of or includes the provision at any premises in that area of a public off-street parking place; and
(ii) that development involves substantial building or engineering operations within the meaning of section 336(1) of the Town and Country Planning Act 1990; and
(iii) either one or more material operations within section 56(4) of the Town and Country Planning Act 1990 comprised in that development have begun to be carried out or a contract (other than a lease) has been entered into with a person carrying on a business consisting wholly or mainly of the execution of building operations or of building operations and engineering operations whereby that person has undertaken to erect in the course of that business at the said premises a building or structure as a place for the provision of parking spaces for motor vehicles; and
(b) at the date when the area is designated as a controlled area in pursuance of that proposal those premises have not been in use as such a parking place to the full extent provided for by the planning permission for a continuous period of not less than six months; and
(c) the person operating or proposing to operate those premises as such a parking place duly makes application to the local authority for a licence in respect of those premises before the expiration of the period prescribed for such applications in respect of parking places in operation at the date referred to in sub-paragraph (b) above; and
(d) the local authority decide either—
(i) to refuse the application; or
(ii) to grant the applicant a licence on terms and conditions specified under subsection (4)(b) and (c) of the said section 43 such that under the licence the applicant will not be able to operate the premises as such a parking place to such advantage or potential advantage as if the area had not been designated as a controlled area,
paragraph 22 below shall apply to that decision of the local authority.
21 Paragraph 22 below shall apply to any decision of the local authority—
(a) to revoke a permanent licence under paragraph 8 above; or
(b) to vary under paragraph 8 any of the terms and conditions specified in a permanent licence under section 43(4)(b) and (c) of this Act in such manner that the holder of the licence will not be able to operate the licensed parking place to such advantage or potential advantage as if the variation had not been made; or
(c) to refuse an application by the holder of a permanent licence for a special variation of the terms and conditions specified under section 43(4)(b) and (c) in a case where—
(i) by reason of a happening beyond the control of the holder of the licence he cannot continue to operate the licensed parking place in accordance with the licence as for the time being in force to such advantage or potential advantage as before that happening; and
(ii) the making of that variation would wholly or partly mitigate the adverse effects of that happening without enabling the holder of the licence to operate the licensed parking place to greater advantage or potential advantage than before that happening.
22 (1) If, on a claim made to the local authority in writing within the period of six months or such longer period as may be allowed under sub-paragraph (2) below beginning with the date when the person who is, or who proposes to become, the operator of a public off-street parking place is, or is deemed under paragraph 14(2) above to have been, notified of a decision of the local authority under section 43 of this Act or Part II of this Schedule relating to that parking place, that person or any other person entitled to an interest in the premises used or proposed to be used for the purposes of that parking place shows that the decision is one to which, under paragraph 19, 20 or 21 above, this paragraph is to apply and that the claimant has suffered damage in consequence of that decision by depreciation of the value of his interests in those premises, or by being disturbed in his enjoyment of those premises, the local authority shall pay the claimant compensation in respect of that damage.
(2) If within the period of six months referred to in sub-paragraph (1) above any such person as is referred to in that sub-paragraph has made an application to the Secretary of State for that purpose and has given notice to the local authority of the making of that application, the Secretary of State may, if he thinks fit, in the circumstances of the case, direct that sub-paragraph (1) above shall apply in relation to the decision in question as if for the reference in that sub-paragraph to six months there were substituted a reference to such longer period as the Secretary of State thinks fit.
(3) For the purpose of determining whether or not a claimant has suffered damage, there shall be taken into account any alternative use to which the premises could reasonably be put, being a use in the case of which the local authority show either—
(a) that any necessary planning permission, whether conditional or unconditional, for that use has already been granted; or
(b) that the local planning authority have given an undertaking that if planning permission for that use is applied for it will be granted either unconditionally or subject to specified conditions;
and in a case where this paragraph applies by virtue of paragraph 21(c) above there shall also be taken into account any alternative variation to that applied for by the holder of the licence in question which the local authority have undertaken to grant on an application being made for that purpose.
(4) Section 117 of the Town and Country Planning Act 1990 shall apply to any compensation payable under sub-paragraph (1) above in respect of depreciation of the value of a claimant’s interest in the premises concerned; and any question as to the right to, or the amount of, compensation under sub-paragraph (1) shall be referred to and determined by the Upper Tribunal, and in relation to the determination of any such question the provisions of section 4 of the Land Compensation Act 1961 shall apply subject to any necessary modifications.
(5) Where compensation has become payable under sub-paragraph (1) above in respect of an interest in any premises and subsequently an order with respect to the use of those premises as a parking place is made under section 97 or 102 of paragraph 1 of Schedule 9 to the said Act of 1990, the amount of that compensation shall be taken into account in assessing any compensation on a claim by reason of expenditure, loss or damage in consequence of that order made in respect of that interest under section 107 or, as the case may be, section 115 of that Act.
(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
23 Where notice of appeal from any such decision of the local authority as is referred to in paragraph 19, 20 or 21 above has been duly given under Part III of this Schedule—
(a) paragraph 22 above shall not have effect in relation to that decision until that appeal is determined or abandoned;
(b) the person who is, or who proposes to become, the operator of a public off-street parking place at the premises to which the decision relates shall be deemed for the purposes of paragraph 22 to have been notified of the local authority’s decision on the date when the appeal is determined or abandoned; and
(c) if on that appeal the Secretary of State substitutes a different decision for that of the local authority, the local authority shall be deemed for the purposes of paragraph 22 to have made that substituted decision and not their original decision.
24 Where, in the case of a decision of the local authority relating to any premises, paragraph 22 above applies to that decision both by virtue of paragraph 19 and by virtue of paragraph 20 above, then—
(a) upon the person who is, or who proposes to become, the operator of a public off-street parking place at those premises making a claim in respect of that decision under paragraph 22 by virtue of either of paragraphs 19 and 20, any subsequent claim in respect of thereof by that person by virtue of the other of those paragraphs, and any claim in respect thereof made whether before or after that person’s claim by any other person by virtue of the other of those paragraphs, shall be of no effect; and
(b) subject to paragraph (a) above, if a claim in respect of that decision is made under paragraph 22 by any person by virtue of either of paragraphs 19 and 20 any subsequent claim in respect thereof by virtue of the other of those paragraphs shall be of no effect.
Part V Permissible Periods of Unlicensed Operation of Parking Place
25 Where, at the date when any area first becomes a controlled area, a person is operating a public off-street parking place in that area, he shall not be guilty of an offence under section 43(12) of this Act by reason of continuing to operate the parking place after that date without a licence—
(a) at any time before the expiration of the period prescribed for the making of applications for licences in respect of parking places in operation at that date; or
(b) if during that period he duly makes an application for a licence in respect of the parking place, at any time after the expiration of that period but before the local authority notify him either that he has been granted a licence or that his application is refused; or
(c) if the local authority notify him that his application is refused, at any time thereafter before the expiration of the time for giving notice of appeal from that decision under Part III of this Schedule; or
(d) if such a notice of appeal is duly given, at any time thereafter until either the local authority’s decision becomes finally effective under the procedure provided for by the said Part III or the licence is granted.
26 Where in pursuance of the application referred to in sub-paragraph (b) of paragraph 25 above the person referred to in that paragraph is granted a licence, he shall not be guilty of an offence under section 43(10) of this Act by reason of contravening or failing to comply with any of the terms and conditions specified in the licence under subsection (4)(b) and (c) of that section—
(a) at any time before the expiration of the time for giving notice of appeal under Part III of this Schedule from the decision of the local authority as to those terms and conditions; or
(b) if such a notice of appeal is duly given, at any time thereafter until either the local authority’s decision becomes finally effective under the procedure provided for by the said Part III or the terms and conditions specified as aforesaid in the licence are varied as a result of that procedure.
27 Where the operator of a public off-street parking place who is the holder of a licence in respect of that parking place granted for a limited period duly makes an application to the local authority before the date of expiry of that licence for a new licence (whether permanent or for a limited period) authorising the operation of that parking place for a further period after that date, then, if and for so long as he continues to operate that parking place after that date in accordance with the terms and conditions of the expired licence (other than the provision as to its date of expiry)—
(a) he shall not be guilty of an offence under section 43(12) of this Act by reason of operating the parking place after the date aforesaid without a licence—
(i) at any time before the local authority notify him either that he has been granted a new licence in respect of the parking place or that his application is refused; or
(ii) if the local authority notify him that his application is refused at any time thereafter before the expiration of the period for giving notice of appeal from that decision under Part III of this Schedule; or
(iii) if such a notice of appeal is duly given, at any time thereafter until either the local authority’s decision becomes finally effective under the procedure provided for by the said Part III or a new licence is granted;
(b) where he is granted a new licence in pursuance of the application, he shall not be guilty of an offence under section 43(10) by reason of contravening or failing to comply with any of the terms and conditions specified in that new licence under subsection (4)(b) and (c) of that section—
(i) at any time before the expiration of the time for giving notice of appeal under Part III of this Schedule from the decision of the local authority as to those terms and conditions; or
(ii) if such a notice of appeal is duly given, at any time thereafter until either the local authority’s decision becomes finally effective under the procedure provided for by Part III or the terms and conditions specified in the new licence are varied as a result of that procedure.
SCHEDULE 5 Buildings in Relation to Which a Secretary of State is the Appropriate Authority for the Purposes of Section 74
Section 74.
1. A building owned by a person authorised by or in persuance of any enactment to carry on any railway, road transport dock or harbour undertaking | The Secretary of State
2. A building owned by a person authorised by or in pursuance of any enactment to carry on any canal or inland navigation undertaking | The Secretary of State
3. A building owned by electricity or gas undertakers . . . | The Secretary of State for Trade and Industry.
4. A building owned by the National Rivers Authority, a water undertaker or a sewerage undertaker | The Secretary of State
5. A building forming part of an aerodrome licensed under the Civil Aviation Act 1982 or any enactment repealed by that Act or authorised by a certificate under Commission Regulation (EU) No 139/2014 of 12 February 2014 laying down requirements and administrative procedures related to aerodromes pursuant to Regulation (EC) No 216/2008 of the European Parliament and of the Council. | The Secretary of State
6. A building owned by— (a) a Post Office company (within the meaning of Part 1 of the Postal Services Act 2011), or (b) a company which is a universal service provider (within the meaning of Part 3 of that Act), where (in each case) more than half of the company’s issued share capital is owned by the Crown (within the meaning of Part 1 of that Act). | The Secretary of State for Trade and Industry.
7. A building owned by the Greater London Council, a London borough council or the Common Council of the City of London | The Secretary of State
SCHEDULE 6 Speed Limits for Vehicles of Certain Classes
Section 86.
Part I Vehicles Fitted with Pneumatic Tyres on all Wheels
(see application provisions below the following Table)
Table
1 | 2 | 3
Item No. | Class of Vehicle | Maximum speed (in miles per hour) while vehicle is being driven on:
(a) Motorway | (b) Dual carriageway road not being a motorway | (c) Other road
1. | A passenger vehicle, motor caravan or dual-purpose vehicle not drawing a trailer being a vehicle with an unladen weight exceeding 3·05 tonnes or adapted to carry more than 8 passengers:
(i) if not exceeding 12 metres in overall length | 70 | 60 | 50
(ii) if exceeding 12 metres in overall length | 60 | 60 | 50
2. | An invalid carriage | not applicable | 20 | 20
3. | A passenger vehicle, motor caravan, car-derived van or dual-purpose vehicle drawing one trailer | 60 | 60 | 50
4. | A passenger vehicle, motor caravan, car-derived van or dual-purpose vehicle drawing more than one trailer | 40 | 20 | 20
5. | (1) A goods vehicle having a maximum laden weight not exceeding 7·5 tonnes and which is not—(a) an articulated vehicle, or(b) drawing a trailer, or(c) a car-derived van | 70 | 60 | 50
(2) A goods vehicle which is—
(a) (i) an articulated vehicle having a maximum laden weight not exceeding 7·5 tonnes, or (ii) a motor vehicle, other than a car-derived van, which is drawing one trailer where the aggregate maximum laden weight of the motor vehicle and the trailer does not exceed 7·5 tonnes | 60 | 60 | 50
(b) (i) an articulated vehicle having a maximum laden weight exceeding 7·5 tonnes, (ii) a motor vehicle having a maximum laden weight exceeding 7·5 tonnes and not drawing a trailer, or (iii) a motor vehicle drawing one trailer where the aggregate maximum laden weight of the motor vehicle and the trailer exceeds 7·5 tonnes | 60 | 50 60 | 40 50
(c) a motor vehicle, other than a car-derived van, drawing more than one trailer | 40 | 20 | 20
6. | A motor tractor (other than an industrial tractor), a light locomotive or a heavy locomotive—(a) if the provisions about springs and wings as specified in paragraph 3 of Part IV of this Schedule are complied with and the vehicle is not drawing a trailer, or if those provisions are complied with and the vehicle is drawing one trailer which also complies with those provisions | 40 | 30 | 30
(b) in any other case | 20 | 20 | 20
7. | A works truck | 18 | 18 | 18
8. | An industrial tractor | not applicable | 18 | 18
9. | An agricultural motor vehicle | 40 | 40 | 40
For a vehicle falling within class 5(2)(b) above, the maximum speed while the vehicle is being driven on a part of the M9/A9 Trunk Road specified in the Schedule to the HGV Speed Limit (M9/A9 Trunk Road) Regulations 2014 is 50 miles per hour (rather than 40 miles per hour as specified in column 3(c) of the Table above).
Application
This Part applies only to motor vehicles, not being track-laying vehicles, every wheel of which is fitted with a pneumatic tyre and to such vehicles drawing one or more trailers, not being track-laying vehicles, every wheel of which is fitted with a pneumatic tyre.
Part II Vehicles (Other than Track-Laying Vehicles) not Fitted with Pneumatic Tyres on all Wheels
(see application provisions below the following Table)
Table
1 | 2 | 3
Item No. | Class of Vehicle | Maximum Speed (in miles per hour) while vehicle is being driven on a road
1. | A motor vehicle, or in the case of a motor vehicle drawing one or more trailers, the combination, where—(a) every wheel is fitted with a resilient tyre, or(b) at least one wheel is fitted with a resilient tyre and every wheel which is not fitted with a resilient tyre is fitted with a pneumatic tyre | 20
2. | A motor vehicle, or in the case of a motor vehicle drawing one or more trailers, the combination, where any wheel is not fitted with either a pneumatic tyre or a resilient tyre | 5
Application
This Part does not apply to—
(a) a motor vehicle which is a track-laying vehicle; or
(b) a motor vehicle which is not a track-laying vehicle but which is drawing one or more trailers any one of which is a track-laying vehicle.
Part III Track-Laying Vehicles
(see application provisions below the following Table)
Table
1 | 2 | 3
Item No. | Class of Vehicle | Maximum Speed (in miles per hour) while vehicle is being driven on a road
1. | A motor vehicle being a track-laying vehicle which is fitted with—(a) springs between its frame and its weight-carrying rollers, and(b) resilient material between the rims of its weight-carrying rollers and the surface of the road,and which is not drawing a trailer | 20
2. | A vehicle specified in item 1 above drawing one or more trailers each one of which is either—(a) a track-laying vehicle fitted with springs and resilient material as mentioned in that item, or(b) not a track-laying vehicle and each wheel of which is fitted with either a pneumatic tyre or a resilient tyre | 20
3.A vehicle specified in item 1 above drawing one or more trailers any one of which is either—(a) a track-laying vehicle not fitted with springs and resilient material as mentioned in that item, or(b) not a track-laying vehicle and at least one wheel of which is not fitted with either a pneumatic tyre or a resilient tyre | 5
4. | A motor vehicle being a track-laying vehicle which is not fitted with springs and resilient material as mentioned in item 1 above, whether drawing a trailer or not | 5
5. | A motor vehicle not being a track-laying vehicle, which is drawing one or more trailers any one or more of which is a track-laying vehicle— (a) if every wheel of the motor vehicle and of any non-track-laying trailer is fitted with a pneumatic tyre or with a resilient tyre, and every trailer which is a track-laying vehicle is fitted with springs and resilient material as mentioned in item 1 (b) in any other case | 20
6 | A motor vehicle of a class specified in item 1 or 2 above, or in item 5 as a result of paragraph (a) of the class description of that item, which— is being used for naval, military or air force purposes, is being driven by persons for the time being subject to the orders of a member of the armed forces of the Crown, and is being used in England or Wales. | 40
Application
This Part applies to—
(a) a motor vehicle which is a track-laying vehicle, and
(b) a motor vehicle of any description which is drawing one or more trailers any one or more of which is a track-laying vehicle.
Part IV Application and Interpretation
1 This Schedule does not apply to a vehicle which is being used for the purpose of experiments or trials under section 6 of the Road Improvements Act 1925 or section 283 of the Highways Act 1980.
2 In this Schedule—
“agricultural motor vehicle” “articulated vehicle”, “dual-purpose vehicle”, “industrial tractor”, “passenger vehicle”, “pneumatic tyre”, “track-laying”, “wheel” and “works truck” have the same meanings as are respectively given to those expressions in Regulation 3(1) of the Motor Vehicles (Construction and Use) Regulations 1978;
“car-derived van” means a goods vehicle which is constructed or adapted as a derivative of a passenger vehicle and which has a maximum laden weight not exceeding 2 tonnes;
“construction and use requirements” has the same meaning as in section 41(7) of the Road Traffic Act 1988;
“dual-carriageway road” means a road part of which consists of a central reservation to separate a carriageway to be used by vehicles proceeding in one direction from a carriageway to be used by vehicles proceeding in the opposite direction;
“goods vehicle” has the same meaning as in section 192(1) of the Road Traffic Act 1988;
“maximum laden weight” in relation to a vehicle or a combination of vehicles means—
in the case of a vehicle, or combination of vehicles, in respect of which a gross weight not to be exceeded in Great Britain is specified in construction and use requirements, that weight;
in the case of any vehicle, or combination of vehicles, in respect of which no such weight is specified in construction and use requirements, the weight which the vehicle, or combination of vehicles, is designed or adapted not to exceed when in normal use and travelling on a road laden;
“motor caravan” has the same meaning as in Regulation 2(1) of the Motor Vehicles (Type Approval) (Great Britain) Regulations 1979;
“motorway” has the same meaning as in Regulation 3(1) of the Motorways Traffic (England and Wales) Regulations 1982, as regards England and Wales, and Regulation 2(2) of The Motorways Traffic (Scotland) Regulations 1964, as regards Scotland; and
“resilient tyre” means a tyre, not being a pneumatic tyre, which is soft or elastic.
3 The specification as regards springs and wings mentioned in item 6 of Part I of this Schedule is that the vehicle—
(i) is equipped with suitable and sufficient springs between each wheel and the frame of the vehicle, and
(ii) unless adequate protection is afforded by the body of the vehicle, is provided with wings or other similar fittings to catch, so far as practicable, mud or water thrown up by the rotation of the wheels.
4 (1) A vehicle falling in two or more classes specified in Part I, II or III of this Schedule shall be treated as falling within the class for which the lower or lowest speed limit is specified.
(2) A vehicle falling in the class specified in item 6 in Part III shall be treated as falling in that class (and not as also falling in any other class).
Section 111.
Part I Statutory Statement of Ownership or Hiring
1 For the purposes of the specified sections, a statutory statement of ownership is a statement in the prescribed form, signed by the person furnishing it and stating—
(a) whether he was the owner of the vehicle at the relevant time; and
(b) if he was not the owner of the vehicle at the relevant time, whether he ceased to be the owner before, or became the owner after, the relevant time, and, if the information is in his possession, the name and address of the person to whom, and the date on which, he disposed of the vehicle or, as the case may be, the name and address of the person from whom, and the date on which, he acquired it.
2 For the purposes of the specified sections, a statutory statement of hiring is a statement in the prescribed form, signed by the person furnishing it, being the person by whom a statement of liability was signed and stating—
(a) whether at the relevant time the vehicle was let to him under the hiring agreement to which the statement of liability refers; and
(b) if it was not, the date on which he returned the vehicle to the possession of the vehicle-hire firm concerned.
Part III Interpretation
4 In this Schedule “the specified sections” has the meaning assigned to it by subsection (1) of section 111 of this Act.
5 Subsections (2) to (4) of that section shall have effect for the purposes of Parts I and II of this Schedule as they have effect for the purposes of the specified sections.
6 In paragraph 2 above “statement of liability”, “hiring agreement” and “vehicle-hire firm” have the same meanings as in section 109 of this Act.
SCHEDULE 9 Special Provisions as to certain Orders
Section 124.
Part I Reserve Powers of national authority
1 Subject to paragraphs 8 and 26 of this Schedule, the national authority , after consultation with a strategic highways company or a local authority having power to make an order under or by virtue of any of the following provisions of this Act, namely, sections 1, 6, 9, 14 (in so far as the power under that section is exercisable by virtue of section 22C), 19,32, 35, 37, 38, 45, 46, 49(2) and (4), 53, 83(2) and 84 (in this Part of this Schedule referred to as an ''authorised authority’’) may give to that authorised authority a direction under paragraph 2 below with respect to any of those provisions.
2 A direction under this paragraph is a direction either—
(a) requiring the . . . authorised authority . . . to make an order under or by virtue of the provision or provisions in question for a specified purpose and coming into operation before the expiry of a specified period, or
(b) prohibiting the authorised . . . authority (either generally, or without the consent of the national authority , or for a specified period) from making or bringing into operation an order under or by virtue of the provision or provisions in question with respect to specified matters or a specified area.
3 (1) Any power to make an order conferred on . . . an authorised authority by any of the provisions specified in . . . paragraph 1 above shall, subject to sub-paragraph (2) below, be exercisable by the national authority as well as by the authorised . . . authority.
(2) No order shall be made by virtue of sub-paragraph (1) above except for the purpose of securing the object of a direction under paragraph 2 above given to . . . an authorised authority with which the . . . authority have failed to comply.
4 Where the national authority has made an order by virtue of paragraph 3 above—
(a) so far as appears to the national authority necessary in order to make the order effective, the national authority , or (except where the power is a power of the council of a London borough or the Common Council of the City of London under section 6, 9, 45, 46, 49(2) or (4), 83(2) or 84 of this Act) any other local authority with whom the national authority may make arrangements for the purpose, shall have power to do anything which . . . the authorised authority would have had power to do if the order had been made by them, and
(b) the national authority may recover from the . . . authorised authority any expenses incurred by the national authority by virtue of sub-paragraph (a) above (such expenses, in England or Wales, to be so recoverable by the national authority summarily as a civil debt).
5 (1) Paragraphs 1 to 4 above shall have effect in any case in which it appears to the Secretary of State that the council of a London borough or the Common Council of the City of London have failed in the exercise of the powers conferred on them by section 6 of this Act to make such provision for the control of heavy commercial vehicles in their area as is appropriate for preserving or improving the amenities of their area, as if—
(a) the power conferred by paragraph 1 above to give a direction with respect to section 6 of this Act were a duty to give such a direction; and
(b) the power to make an order under that section conferred by paragraph 3 above were a duty to make such an order or a similar order under section 9 of this Act.
(2) Any reference in this Act to paragraph 1 or 3 above shall be construed as including a reference to that paragraph as modified by this paragraph.
6 (1) Where by virtue of paragraph 3 above a parking place has been designated under section 45 . . . of this Act by an order of the national authority , then if, with the consent of the Treasury, the national authority enters into an agreement with the local authority . . . for the transfer to that authority . . . of the operation of that parking place—
(a) the operation of the parking place, and such apparatus or other things held by, and rights or liabilities of, the national authority in connection with the parking place as may be specified in the agreement, shall be transferred as from such date and on such terms (including terms as to the making of payments to or by the national authority ) as may be so specified;
(b) from the taking effect of any such transfer of the operation of the parking place, the order designating the parking place shall have effect subject to such modifications (if any) appearing to the national authority to be requisite in consequence of the transfer as the national authority may direct; and
(c) the provisions of sections 45 to 49 and section 55 of this Act shall thereafter apply as if the parking place had been designated under section 45 by an order made by . . . the local authority . . .
(2) In this paragraph “local authority” has the meaning assigned to it by section 45(7) of this Act.
7 (1) Subject to paragraph 8 below, the national authority , after giving notice to . . . the authorised authority concerned and holding, if national authority thinks fit, a public inquiry, may by order vary or revoke any order made, or having effect as if made, under or by virtue of any of the provisions referred to in . . . paragraph 1 above.
(2) This paragraph shall have effect without prejudice to any power to make an order for the like purpose by virtue of paragraph 3 above and Part IV of this Schedule.
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
8 The national authority shall not give any direction under paragraph 2 above or, subject to paragraph 9 below, make any order under paragraph 7 above unless the national authority is satisfied, having regard to any matters appearing to the national authority to be relevant, that the duty under section 122(1) of this Act of . . . the authorised authority concerned is not being satisfactorily discharged by the authorised . . . authority, and that the giving of the direction or the making of the order is necessary to secure compliance with that duty.
9 The national authority may make an order under paragraph 7 above notwithstanding that the national authority is not satisfied as mentioned in paragraph 8 above, if the national authority is satisfied, having regard to any matters appearing to the national authority to be relevant, that there are special circumstances which make it expedient that the order should be made.
10 Where the Secretary of State—
(a) gives a direction under paragraph 2 above requiring a county council or district council to make an order under section 32(1) or 35(1) of this Act, or
(b) makes such an order by virtue of paragraph 3 above,
subsections (1) to (5) of section 39 of this Act shall not apply in relation to anything done in pursuance of the direction or, as the case may be, in relation to the making of the order by the Secretary of State.
11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
12 Where the Secretary of State—
(a) gives a direction under paragraph 2 above requiring a county council or metropolitan district council or parish or community council to make an order under section 35(1) of this Act in relation to a parking place provided by a parish or community council, or
(b) by virtue of paragraph 3 above, makes such an order in relation to such a parking place,
neither subsections (4) and (5) nor subsection (7) of section 59 of this Act shall apply in relation to anything done in pursuance of the direction or, as the case may be, in relation to the making of the order by the Secretary of State.
12ZA A power conferred upon the Scottish Ministers by this Schedule, so far as it relates to the exercise of a power under this Act by virtue of section 22C, is exercisable only with the consent of the Secretary of State.
12B A power conferred upon the Secretary of State by this Schedule shall, in so far as it relates to the exercise of a power under this Act by virtue of section 22C, be exercisable in relation to Wales by the National Assembly for Wales with the consent of the Secretary of State.
Part II Consent of national authority to Certain Orders
13 (1) Where in the case of any order proposed to be made by a local authority other than the council of a London borough and the Common Council of the City of London under or by virtue of any of the following provisions of this Act, namely, sections 1, 9, 19, 29, 32, 35, 37, 38, 45, 46, 49, 83(2) and 84, it is proposed to include in the order any provision—
(a) so prohibiting or restricting the use of a road as to prevent, for more than 8 hours in any period of 24 hours, access for vehicles of any class to any premises situated on or adjacent to that road or any other premises accessible for vehicles of that class from, and only from, that road, or
(b) applying to a a road for which the national authority is the traffic authority, or
(ba) applying to a road for which a strategic highways company is the traffic authority, or
(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(d) being, in the case of an order for the purposes of section 84(1) of this Act—
(i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(ii) a provision applying to any road a speed limit of less than 30 miles per hour, or
(iii) a provision imposing a prohibition by virtue of paragraph (b) or (c) of that subsection, or
(e) varying or revoking, within 12 months of its making, any order made by, or made in pursuance of a direction given by, the national authority , or
(f) making provision as respects any length of road for any purpose within 12 months after the date when a previous order made as respects that length of road for a similar purpose was varied or revoked by an order made by, or made in pursuance of a direction given by, the national authority ,
then (except in a case to which sub-paragraph (2) , (3) or (4) below applies, or where the provision is to be included in pursuance of a direction under paragraph 2 of this Schedule) the order shall not be made without the consent of the national authority .
(2) This sub-paragraph applies where—
(a) it is proposed to include in the order any such provision as is mentioned in sub-paragraph (1)(a) above, and
(b) either—
(i) no owner, lessee or occupier of premises such as are mentioned in sub-paragraph (1)(a) above has submitted to the authority any objection to the inclusion of that provision in the order, or
(ii) any such owner, lessee or occupier who has submitted such an objection has withdrawn it.
(3) This sub-paragraph applies in the case of any order proposed to be made under section 9 of this Act where—
(a) it is proposed to include in the order any such provision as is mentioned in sub-paragraph (1)(a) above, and
(b) the effect of the prohibition by the order of the use of the road to which it relates or of any restriction on the use of that road contained in the order would be to prevent vehicles, or vehicles of any class, being loaded or unloaded in that road or to prevent persons boarding or alighting from a vehicle being used in the provision of a local service within the meaning of the Transport Act 1985 on that road, and
(c) either—
(i) no person has submitted to the authority any objection to the making of the order on the ground that it would prevent vehicles, or vehicles of that class, being loaded or unloaded in the road, and no person being the operator of a local service (within the meaning of the Transport Act 1985) has submitted to the authority any objection to the making of the order on the ground that it would prevent persons boarding or alighting from a vehicle being used in that service in the road, or
(ii) any such person who has submitted an objection on that ground has withdrawn it.
(4) This sub-paragraph applies where it is proposed to include in the order provision mentioned in sub-paragraph (1)(ba), in which case the order must not be made without the consent of the strategic highways company.
14 (1) Where in the case of any order proposed to be made by the council of a London borough or the Common Council of the City of London under or by virtue of any of the following provisions of this Act namely, sections 6, 9, 35, 38, 45, 46, 49, . . . 83(2) and 84, it is proposed to include in the order any provision such as is mentioned in sub-paragraphs (b) to (f) of paragraph 13(1) above, then (except in a case to which sub-paragraph (2) applies or where the provision is to be included in pursuance of a direction under paragraph 2 of this Schedule) the order shall not be made except with the consent of the Secretary of State.
(2) This sub-paragraph applies where it is proposed to include in the order provision mentioned in paragraph 13(1)(ba), in which case the order must not be made without the consent of the strategic highways company.
14A (1) This paragraph applies where a strategic highways company proposes, other than further to a direction under paragraph 2, to include provision mentioned in paragraph 13(1)(b) or (c) to (f) in an order made by it under sections 1, 6, 9, 83(2) or 84.
(2) Where this paragraph applies, the order must not be made without the consent of the Secretary of State.
15 (1) The Secretary of State may by order add to or remove from the orders for which his consent is required by paragraphs 13 to 14A above such orders made by such traffic authorities in England and Wales for such purposes or in such circumstances as he may see fit to specify in his order.
(2) No order under this paragraph removing any order from the orders for which the consent of the Secretary of State is for the time being required shall be made unless a draft of the order has been approved by a resolution of each House of Parliament.
(3) Any other order under this paragraph shall be subject to annulment in pursuance of a resolution of either House of Parliament.
15A (1) The Scottish Ministers may by order add to or remove from the orders for which their consent is required by paragraph 13 such orders made by such traffic authorities in Scotland as the Scottish Ministers may specify in the order.
(2) An order under this paragraph may provide for the consent of the Scottish Ministers to be required (or not to be required) for an order for such purposes or in such circumstances as the Scottish Ministers may see fit to specify in the order under this paragraph.
(3) An order under this paragraph removing an order from the orders for which the consent of the Scottish Ministers is for the time being required is subject to the affirmative procedure.
(4) Any other order under this paragraph is subject to the negative procedure.
16 (1) In consenting to any order submitted for consent under this Part of this Schedule, the Secretary of State or the Scottish Ministers may consent to the order either in the form in which it is submitted ... or with such modifications as he or they think fit, which may include additions, exceptions, or other modifications of any description.
(2) Sub-paragraph (3) applies where the Secretary of State or the Scottish Ministers propose to consent to such an order with modifications which appear to him or them substantially to affect the character of the order as submitted ...
(3) The Secretary of State or the Scottish Ministers shall, before doing so, take such steps as appear to him or them to be sufficient and reasonably practicable for informing the traffic authority in question and other persons likely to be concerned.
17 (1) The Secretary of State or the Scottish Ministers may by order grant a general consent for the making of orders requiring ... consent under this Part of this Schedule—
(a) of such descriptions, or
(b) with respect to such matters only, or
(c) made by such local authorities, or by authorities of such classes of descriptions, or
(d) made in such circumstances, or
(e) complying with such requirements,
as may be specified in the order.
(2) Any order of the Secretary of State under this paragraph shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(3) Any order of the Scottish Ministers under this paragraph is subject to the negative procedure.
18 The power of the Secretary of State to make an order conferred by paragraph 15 or 17 above shall be exercisable by statutory instrument.
19 In this Part of this Schedule “principal road” means a road for the time being classified as a principal road—
(a) by virtue of section 12 of the Highways Act 1980 (whether as falling within subsection (1) or as being so classified under subsection (3)), or
(b) by the Secretary of State under section 11(1) of the Roads (Scotland) Act 1984.
Part III Procedure as to certain orders
20 (1) Subject to sub-paragraph (2) below, before making make an order under or by virtue of any of the following provisions of this Act, namely, sections 1, 6, 9, 19, 29, . . . 32, 35, 37, 38, 45, 46, 49, . . . 61, 83(2) and 84, a strategic highways company, a local authority or Transport for London shall consult with the chief officer of police of any police area in which any road or other place to which the order is to relate is situated; and, if the order in question has to be submitted for consent under Part II of this Schedule or any other provision of this Act, the company,, the authority or, as the case may be, Transport for Londonshall so consult before submitting the order ....
(2) Sub-paragraph (1) above shall not apply to an order made in pursuance of a direction under paragraph 2 of this Schedule, and shall have effect without prejudice to any further requirements contained in any regulations made under the subsequent provisions of this Part of this Schedule.
21 As respects orders of a strategic highways company or a local authority other than the council of a London borough or the Common Council of the City of London under any of the provisions referred to in paragraph 20(1) above . . ., the national authority may make regulations for providing the procedure to be followed in connection with the making of such orders, the submission of such orders for the consent of the national authority or a county council where such submission is required, and the consideration by the national authority or by the county council of any such order submitted to the national authority or them; and the national authority shall by regulations under this paragraph make such (if any) provision as the national authority considers appropriate with respect to—
(a) the publication of any proposal for the making of such an order;
(b) the making and consideration of objections to any such proposal; and
(c) the publication of notice of the making of the order and of its effect.
22 (1) Without prejudice to the generality of paragraph 21 above, regulations under that paragraph may include provision—
(a) as to the form of any such order as is mentioned in that paragraph;
(b) for the holding of inquiries for the purposes of any such order and as to the appointment of the person by whom any such inquiry is to be held;
(c) for the making of modifications in any such order, whether in consequence of any objections or otherwise, before the order is made;
(d) requiring any such order to include such exemptions for such purposes and subject to such exceptions as may be provided for by the regulations;
(e) requiring the authority by whom any such order is made to place and maintain, or cause to be placed and maintained, such traffic signs in connection with that order as may be so provided for.
(2) In sub-paragraph (1)(e) above, in its application to an order under section 61 of this Act, the reference to traffic signs shall be construed in accordance with subsection (8) of that section.
23 (1) The Secretary of State, after consultation with the council of a London borough of the Common Council of the City of Londonor Transport for London,—
(a) as respects orders made by that councilor Transport for Londonunder any of the provisions referred to in paragraph 20(1) above . . ., may make regulations for any of the like purposes as those for which regulations are required or authorised to be made under paragraph 21 above;
(b) with respect to any other order the making of which by that councilor Transport for Londonrequires the consent of the Secretary of State, may make regulations for providing the procedure to be followed in connection with the obtaining of that consent.
(2) In paragraph 22(1)(c) above, so far as it relates to regulations made under this paragraph, “modifications” shall be construed as including additions, exceptions or other modifications of any description.
24 The national authority may make regulations with respect to the procedure in connection with the making by the national authority —
(a) of any order made by virtue of paragraph 3 or made under paragraph 7 of this Schedule, or
(b) of any order which the national authority is authorised to make with respect to [roads for which the national authority is the traffic authority under any of the provisions referred to in paragraph 20(1) above,
or , where the national authority is the Secretary of State, with respect to the procedure in connection with appeals to him by district councils under section 39 of this Act.
25 Any regulations under this Part of this Schedule may make different provision for different orders or for different circumstances; and where any such regulations require an authority to post any notice in a road, the authority may, whether or not they are the traffic authority, take such steps for that purpose as they think fit, including the use for that purpose of any lamp-post, traffic sign or other structure whatsoever in the road, whether or not belonging to that authority.
26 (1) Before giving any authority a direction under paragraph 2 of this Schedule to make (with or without modifications) an order under any of the provisions referred to in paragraph 20(1) above, in connection with which steps have already been taken in pursuance of regulations made under this Part of this Schedule, the national authority shall consider any objections made to that order.
(2) If the order is directed to be made with modifications which appear to the national authority to affect substantially the character of the order, the national authority shall take such steps as appear to the national authority to be sufficient and reasonably practicable for informing any local authority concerned and any other person likely to be concerned.
Part IV Variation or Revocation of Certain Orders
27 (1) Subject to sub-paragraphs (2) , (2A), (3) and (4) below, any power to make an order as respects any road or parking place conferred by or by virtue of any of the following provisions of this Act, namely, sections 1, 6, 9, 1416A19, 29, . . . 32, 35, 37, 38, 45, 46, 49(2) and (4), 50, 53, 83 and 84 and paragraph 7 of this Schedule, shall include power for the authority for the time being having power to make such an order as respects that road or parking place to make an order varying or revoking any previous order as respects that road or parking place made, or having effect as if made, under or by virtue of the provision in question, whether the previous order was made by that or some other authority, and notwithstanding that the previous order was, and the order varying or revoking it is not, made in pursuance of a power exercisable by statutory instrument.
(2) Sub-paragraph (1) above shall have effect—
(a) subject to sections 39(6), . . . and 59(6) of this Act, and
(b) without prejudice to section 50(6) of this Act.
(2A) Where an order is required for the provision of facilities or the taking of measures pursuant to an advanced quality partnership scheme made under Part 2 of the Transport Act 2000 by more than one authority—
(a) it may not be varied or revoked by virtue of this paragraph by the Secretary of State unless the Secretary of State has consulted the other authority or authorities who made the scheme, and
(b) it may not be varied or revoked by virtue of this paragraph by any other authority without the consent of that other authority or those other authorities.
(3) Where an order is required for the provision of facilities pursuant to a quality partnership scheme made under Part II of the Transport Act 2000 by more than one authority—
(a) it may not be varied or revoked by virtue of this paragraph by the Secretary of State or the National Assembly for Wales unless he or it has consulted the other authority or authorities who made the scheme, and
(b) it may not be varied or revoked by virtue of this paragraph by any other authority without the consent of that other authority or those other authorities.
(4) Where an order is required for the provision of facilities or the taking of measures pursuant to an enhanced partnership scheme made under Part 2 of the Transport Act 2000 by more than one authority—
(a) it may not be varied or revoked by virtue of this paragraph by the Secretary of State unless the Secretary of State has consulted the other authority or authorities who made the scheme, and
(b) it may not be varied or revoked by virtue of this paragraph by any other authority without the consent of that other authority or those other authorities.
28 For the avoidance of doubt it is hereby declared that, subject to Part II of this Schedule, the power to vary or revoke an order made under or by virtue of any of the provisions referred to in paragraph 27(1) above extends to the variation or revocation of any such order in connection with the provision in question as is mentioned below, notwithstanding that it was made by, or by direction of, the Secretary of State or the Scottish Ministers , that is to say—
(a) an order made in pursuance of a direction under paragraph 2 of this Schedule;
(b) except where the provision in question is section 45, 46, 49, 50 or 53 of this Act, an order made by virtue of paragraph 3 of this Schedule;
(c) where the provision in question is section 45, 46, 49 . . . or 53 of this Act an order which is made by virtue of paragraph 3 of this Schedule and relates to a parking place for the time being controlled by the local authority within the meaning of section 45 of this Act . . . ; . . .
(d) an order under paragraph 7 of this Schedule or.
(e) an order under section 34 of the Deregulation and Contracting Out Act 1994.
29 Nothing in paragraph 8 of this Schedule shall prevent the exercise by the national authority of the power to revoke any order made ... under paragraph 7 of this Schedule.
PART V Consultation With Traffic Commissioners
30 This Part of this Schedule applies to any order made under section 19 or 38(1)(a) of this Act, otherwise than in pursuance of a direction under paragraph 2 of this Schedule.
31 Before making an order to which this Part of this Schedule applies, the local authority—
(a) shall consult with the traffic commissioner for any traffic area constituted for the purposes of the Public Passenger Vehicles Act 1981 in which the area, or any part of the area, of the local authority is situated, and
(a) shall consult the senior traffic commissioner appointed under section 4A of the Public Passenger Vehicles Act 1981, and
(b) if the local authority’s area is situated wholly or partly within an area which is an integrated transport area or a passenger transport area for the purposes of Part II of the Transport Act 1968, shall consult with the Passenger Transport Executive for that area.
32 If the order is required to be submitted for consent under Part II of this Schedule, the local authority shall consult as mentioned in paragraph 31 above before submitting it ....
33 Paragraphs 31 and 32 above shall have effect without prejudice to paragraph 20 or to any regulations made under paragraph 21 or (in relation to an order under section 38(1)(a) of this Act) any regulations made under paragraph 23 of this Schedule.
PART VI Validity of Certain Orders
34 (1) This Part of this Schedule applies—
(a) to any order made under or by virtue of any of the following provisions of this Act, namely, sections 1, 6, 9 16A, 19, 32, 37 and 38, and
(b) to any designation order.
(2) In this Part of this Schedule—
(a) “the relevant powers”, in relation to any such order as is mentioned in sub-paragraph (1)(a) above, means the powers with respect to such an order conferred by this Act, and, in relation to a designation order, means the powers of sections 45, 46, 49, . . . and 53 of this Act, and
(b) “the relevant requirements”, in relation to any such order as is mentioned in sub-paragraph (1)(a) above, means any requirement of, or of any instrument made under, any provision of this Act with respect to such an order, and, in relation to a designation order, means any requirement of sections 45, 46, 49, . . . and 53 of this Act or of Parts I to III of this Schedule or of any regulations made under Part III of this Schedule.
35 If any person desires to question the validity of, or of any provision contained in, an order to which this Part of this Schedule applies, on the grounds—
(a) that it is not within the relevant powers, or
(b) that any of the relevant requirements has not been complied with in relation to the order,
he may, within 6 weeks from the date on which the order is made, make an application for the purpose to the High Court or, in Scotland, to the Court of Session.
36 (1) On any application under this Part of this Schedule the court—
(a) may, by interim order, suspend the operation of the order to which the application relates, or of any provision of that order, until the final determination of the proceedings; and
(b) if satisfied that the order, or any provision of the order, is not within the relevant powers, or that the interests of the applicant have been substantially prejudiced by failure to comply with any of the relevant requirements, may quash the order or any provision of the order.
(2) An order to which this Part of this Schedule applies, or a provision of any such order, may be suspended or quashed under sub-paragraph (1) above either generally or so far as may be necessary for the protection of the interests of the applicant.
37 Except as provided by this Part of this Schedule, an order to which this Part of this Schedule applies shall not, either before or after it has been made, be questioned in any legal proceedings whatever.
Section 144.
General
1 (1) In this Schedule “the 1967 Act” means the Road Traffic Regulation Act 1967.
(2) For the purposes of any provision of this Schedule which refers—
(a) to an enactment repealed by this Act, or to the repeal by this Act of any enactment, and
(b) to the commencement of this Act,
the commencement of this Act shall be taken to be the date on which the repeal by this Act of that enactment takes effect.
2 Where any enactment or document refers, whether specifically or by means of a general description, to an enactment repealed by and re-enacted (with or without modification) in this Act, or is to be construed as so referring, the reference shall, except where the context otherwise requires, be construed as, or as including, a reference to the corresponding provision of this Act.
3 Any reference in this Act (whether express or implied) to a thing done or required or authorised to be done, or omitted to be done, or deemed to have been done, or to an event which has occurred, under or by virtue of or for the purposes of, or by reference to, any provision of this Act includes (except where the context otherwise requires) a reference to the corresponding thing done, or having effect as if done, or required or authorised to be done, or omitted to be done, or deemed to have been done, or to the corresponding event which has occurred, as the case may be, under or by virtue of or for the purposes of or by reference to, the corresponding enactment repealed by this Act.
4 (1) Without prejudice to paragraph 3 above, any reference in this Act (whether express or implied) to a thing done by the Secretary of State, a local authority or any other authority under a provision of this Act includes (except where the context otherwise requires) a reference to the corresponding thing done, or having effect as if done, by a predecessor authority under the corresponding provision repealed by this Act.
(2) In sub-paragraph (1) above “predecessor authority”—
(a) in relation to the Secretary of State, means the Minister of Transport or other Minister exercising the relevant function before the transfer of the function to the Secretary of State, and
(b) in relation to a council, means the authority exercising the relevant function before it vested in the council under the Local Government Act 1972, the London Government Act 1963, the Local Government (Scotland) Act 1973 or any other enactment.
(3) In sub-paragraph (2) above any reference to the Minister or authority exercising a function includes a reference to a Minister or authority exercising that function for particular purposes only or in relation only to a particular part of Great Britain.
5 Without prejudice to paragraphs 3 and 4 above, any power which, under an enactment repealed by this Act, was exercisable by the Secretary of State, a local authority or other authority immediately before the commencement of this Act by reference (whether express or implied) to anything done before the commencement of this Act may be exercised by the Secretary of State or that authority, as the case may be, under the corresponding provision of this Act.
6 Where a period of time specified in an enactment repealed by this Act is current at the commencement of this Act, this Act shall have effect as if the corresponding provision of this Act had been in force when that period began to run.
Traffic regulation byelaws in Scotland
7 Any byelaw made under section 104 of the Roads and Bridges (Scotland) Act 1878 or paragraph (1) or (3) of section 385 of the Burgh Police (Scotland) Act 1892 which—
(a) was in force immediately before the commencement of the 1967 Act and by virtue of paragraph 6 of Schedule 8 to that Act had effect as if it were an order made under section 1 of that Act; and
(b) continues so to have effect immediately before the commencement of this Act,
shall have effect as if it were an order under section 1 of this Act.
Meaning of “heavy commercial vehicle”
8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Pedestrian crossings
9 (1) Subsections (2) and (3) of section 23 of this Act shall apply in relation to the alteration and removal of crossings established, or having effect as if established, under section 21 of the 1967 Act (whether as that section had effect at any time before the commencement of the Local Government, Planning and Land Act 1980 or as it had effect by virtue of that Act) as they apply in relation to the alteration and removal of crossings established under section 23 of this Act.
(2) Section 25(6) of this Act shall apply in relation to a crossing established, or having effect as if established—
(a) by a local authority under section 21 of the 1967 Act (whether as that section had effect at any time before the commencment of the said Act of 1980 or as it had effect by virtue of that Act), or
(b) by a Minister under section 22 of the 1967 Act,
as it applies in relation to a crossing established by a local authority under section 23 or by the Secretary of State under section 24 of this Act.
Parking places
10 (1) The power conferred on a local authority by section 33(7) of this Act shall have effect in relation to an off-street parking place provided by the authority under section 81 of the Road Traffic Act 1960, or under that section as applied by virtue of section 82 of that Act, or under the corresponding provisions of the enactments repealed by that Act, as well as (by virtue of any of the provisions of the Interpretation Act 1978) it has effect in relation to an off-street parking place provided by the authority under section 28 of the 1967 Act.
(2) Any arrangements for collecting and retaining charges as mentioned in section 33(7) of this Act which were made in respect of any parking place provided under any of the provisions referred to in sub-paragraph (1) above, and which are in force immediately before the commencement of this Act, shall continue to have effect after the repeal by this Act of section 29(9) of the 1967 Act, as if they were arrangements made under section 33(7) of this Act.
11 (1) The repeal by this Act of Schedule 8 to the 1967 Act shall not affect the operation of paragraph 9 of that Schedule in relation to orders made before 1st January 1963 under the enactments mentioned in that paragraph (which saved such orders from the effect of the repeal of those enactments by that Act) except that the power to revoke or vary any such order shall be exercisable by an order under section 46 or 49 of this Act.
(2) Without prejudice to the power of revocation conferred by sub-paragraph (1) above, an order made by a Minister before 1 January 1963 under section 86 or 87 of the Road Traffic Act 1960 may be revoked by an order of the Secretary of State.
(3) The power to make an order under sub-paragraph (2) above shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
13 Nothing in subsections (1) to (3B) of section 35 or subsections (1) to (3) of section 35A of this Act shall affect the Restriction of Ribbon Development (Power to Provide Parking Places) Order 1936, so far as it applies to the City of London, or shall apply to any byelaws having effect as respects the City of London by virtue of that Order; and that Order, so far as it so applies, shall continue to have effect by virtue of this paragraph.
Speed limits
14 (1) A direction in an order made under section 1 of the Road Traffic Act 1934 that a length of road is to be deemed to be, or not to be, a road in a built-up area, if—
(a) by virtue of paragraph 10 of Schedule 8 to the 1967 Act it had effect as a direction that that length of road was to become, or (as the case may be) was to cease to be, a restricted road for the purposes of section 71 of that Act, and
(b) the direction continues so to have effect immediately before the commencement of this Act,
shall have the like effect for the purposes of section 81 of this Act.
(2) Any reference in any provision of an Act, or of any instrument (other than such an order as is mentioned in sub-paragraph (1) above) made under an enactment repealed by the Road Traffic Act 1960, to a road in a built-up area, if the provision is in force immediately before the commencement of this Act, shall be construed as a reference to a restricted road for the purposes of section 81 of this Act.
15 Any limit of speed which was in force on 1st November 1962 by virtue of any direction, order or regulation given or made by an authority under section 19(2), 26 or 34 of the Road Traffic Act 1960, if—
(a) by virtue of paragraph 12 of Schedule 8 to the 1967 Act it was deemed to have been imposed by an order made by that authority under section 74(1) of the 1967 Act, and
(b) it continues to be in force immediately before the commencment of this Act
shall be deemed to have been imposed by an order made by that authority under section 84(1) of this Act and may be revoked or varied accordingly.
16 (1) This paragraph applies to any road which—
(a) would have become a restricted road for the purposes of section 71 of the 1967 Act on 1st November 1982 as a result of the repeal of section 72(2) of the 1967 Act by section 61 of the Transport Act 1982; but
(b) by reason of section 61(2) of that Act was taken to have ceased to be a restricted road before that day by virtue of a direction duly given under section 72(3) of the 1967 Act and still in force at the beginning of that day; and
(c) did not become a restricted road at any time between the beginning of that day and the commencement of this Act.
(2) At the commencement of this Act, any road to which this paragraph applies shall be treated as if it were the subject of a direction duly given under section 82(1)(a) of this Act.
(3) Nothing in sub-paragraph (2) above prevents a direction under section 82(2)(b) of this Act being given in respect of any road to which this paragraph applies.
Saving for agreements and incidental matters
17 (1) The repeal of this Act by any enactment shall not affect any agreement which, immediately before the commencement of this Act, has effect in pursuance of the enactment, notwithstanding that the enactment is not re-enacted in this Act; and any provision conferring a power to determine disputes or other provision incidental to any such agreement which, immediately before the commencement of this Act, has effect in connection with the agreement shall continue to have effect notwithstanding the repeal.
(2) Without prejudice to the operation of sub-paragraph (1) above in relation to any agreement under subsection (8) of section 34 of the Transport (London) Act 1969 (which relates to agreements consequential upon the transfer of traffic signs and related property and rights to the Greater London Council under subsection (6) of that section), the repeal by this Act of that section (and in particular of subsection (9)) shall not cause that council to be treated for the purposes of the Public Utilities Street Works Act 1950 as the highway authority for any highway for which they would not be the highway authority apart from any such transfer.
(3) Sub-paragraphs (1) and (2) above shall have effect without prejudice to the operation of the preceding provisions of this Schedule, or of any provisions of the Interpretation Act 1978, in relation to an enactment repealed by this Act which is re-enacted in it, with or without modification.
Offences relating to disabled persons’ concessions
18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
References to foot passengers in subordinate legislation
19 For the purposes of the application of any provisions of the Interpretation Act 1978, or of paragraphs 2 to 5 of this Schedule, in relation to any subordinate legislation made, or having effect as if made, under any enactment consolidated by this Act, “foot passengers” shall be taken to have the same meaning as “pedestrians”; and any reference in any such subordinate legislation to foot passengers or to foot passenger traffic shall be construed accordingly.
Statutory statement of facts
20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
SCHEDULE 11 Provisions of This Act and Instruments Referred to in Section 144(2)
Section 144.
Provisions of Act | Instruments
1. Sections 99 to 102 and 103(3). | The Removal and Disposal of Vehicles (Alteration of Enactments) Order 1967 (S.I. 1967/1900).
2. Schedule 6. | The Motor Vehicles (Variation of Speed Limits) Regulations 1984 (S.I. 1984/325).