56 Grants where parking place designated by Secretary of State.
Where by virtue of paragraph 3 of Schedule 9 to this Act a parking place has been designated under section 45 of this Act by the Secretary of State—
(a) he may make grants out of moneys provided by Parliament towards the cost of the provision and maintenance of off-street parking places whether in the open or under cover, or for any purpose such as is mentioned in section 55(4)(d)(i) or (ii) of this Act; but
(b) in exercising his powers under this section he shall use his best endeavours to secure that the aggregate of the amounts paid by him by way of grants does not exceed the difference between—
(i) the aggregate of the sums received by him by way of charges made by him for vehicles left in parking places designated by him under section 45 of this Act; and
(ii) the aggregate of the expenses incurred by him in the provision, operation and maintenance of the parking places in respect of which those charges are made.
57 General powers of parish or community councils for provision of parking places.
(1) Where for the purposes of relieving or preventing congestion of traffic or preserving local amenities it appears to the council of a parish in England or a community in Wales to be necessary to do so, the council, subject to sections 58 and 59 of this Act, may—
(a) provide within their area and maintain suitable parking places for bicycles and motor cycles, or
(b) provide within their area and maintain suitable parking places, otherwise than on roads, for vehicles of other descriptions or for vehicles generally.
(2) For the purpose of providing and maintaining any such parking place, or for the purpose of providing means of entrance to and egress from any parking place provided under this section, a parish or community council may—
(a) utilise and adapt any land purchased by the council for the purpose or appropriated for the purpose under subsection (3) below, or
(b) in the case of a parking place provided under subsection (1)(a) above, but subject to the provisions of section 58 of this Act, adapt, and by order authorise the use of, any part of a road in the parish or community;
and any power under subsection (1) above to provide and maintain parking places shall include power to provide and maintain structures for use as parking places.
(3) Notwithstanding anything in any other enactment, but subject to subsection (4) below, a parish or community council may appropriate for the purpose of providing a parking place under this section—
(a) any part of a recreation ground provided by the council under section 8 of the Local Government Act 1894;
(b) any part of an open space controlled or maintained by the council under the Open Spaces Act 1906, other than a part which has been consecrated as a burial ground or in which burials have taken place;
(c) any part of any land provided by the council as a playing field or for any other purpose and held by that council for the purposes of section 19 of the Local Government (Miscellaneous Provisions) Act 1976 (recreational facilities).
(4) Any part of a recreation ground, open space or other land appropriated under subsection (3) above shall not exceed one-eighth of its total area or 800 square feet, whichever is the less.
(5) No order under subsection (1) above shall authorise the use of any part of a road as a parking place so as unreasonably to prevent access to any premises adjoining the road, or the use of the road by any person entitled to use it, or so as to be a nuisance.
(6) A parish or community council may employ, with or without remuneration, such persons as may be necessary for the superintendence of parking places provided by the council under this section.
(7) A parish or community council may make byelaws (subject to confirmation by the Secretary of State, in the case of byelaws made by a parish council) as to the use of parking places provided under subsection (1)(a) above, and in particular as to the conditions upon which any such parking place may be used and as to the charges to be paid to the council in connection with the use of any such parking place, not being part of a road; and a copy of any byelaws made under this subsection shall be exhibited on or near every parking place to which they relate.
(8) A parish or community council may let for use as a parking place any parking place provided by them (not being a part of a road) under this section; but, without prejudice to any power of a parish or community council under any other enactment to let a playing field or other land of which a parking place forms part, no single letting under this subsection shall be for a longer period than 7 days.
(9) The exercise by a parish or community council of their powers under this section with respect to the use as a parking place of any part of a road shall not render them subject to any liability in respect of loss of or damage to any vehicle or the fittings or contents of any vehicle parked in such a parking place.
(1) A parish or community council shall not have power by virtue of section 57(1) of this Act to provide a parking place—
(a) in a position obstructing or interfering with any existing access to any land or premises not forming part of a road, except with the consent of the owner and the occupier of the land or premises, or
(b) in a road which is not a highway, in a public path or in a restricted byway, except with the consent of the owner and the occupier of the land over which the road, path or way runs, or
(c) in any such situation or position as is described in the first column of the following Table, except with the consent of the persons described in relation to it in the second column of that Table.
TABLE
(i) In a trunk road or any other road maintained by the Secretary of State or a strategic highways company or on land abutting on any such road. | The Secretary of State or the strategic highways company, whichever is the traffic authority for the road .
(ii) In a road which is a highway (other than a trunk road or a road maintained as mentioned in sub-paragraph (i) above or a public path) or on land abutting on any such road. | The county council or metropolitan district council.
(iii) In a road which is a highway belonging to and repairable by the persons carrying on any railway, dock, harbour, canal, inland navigation or passenger road transport undertaking and forming the approach to any station, dock, wharf or depot of theirs. | The persons carrying on the undertaking concerned.
(iv) On a bridge carrying a highway over a railway, dock, harbour, canal or inland navigation, or on the approaches to any such bridge, or under a bridge carrying a railway, canal or inland navigation over a highway. | The persons carrying on the railway, dock, harbour, canal or inland navigation undertaking concerned.
(2) Any consent required by subsection (1)(c) above shall not be unreasonably withheld, but may be given subject to any reasonable conditions, including a condition that the parish or community council shall remove any thing to the provision of which the consent relates, either at any time or at or after the expiry of a period, if reasonably required to do so by the person giving the consent.
(3) Any dispute between a parish or community council and a person whose consent is required under subsection (1)(c) above, on the question whether that consent is unreasonably withheld or is given subject to reasonable conditions, or whether the removal of any thing to the provision of which the consent relates in accordance with any condition of the consent is reasonably required, it shall—
(a) in the case of a dispute between the parish or community council and the Secretary of State, be referred to and determined by an arbitrator to be appointed, in default of agreement, by the President of the Institution of Civil Engineers; and
(b) in any other case, be referred to and determined by the Secretary of State, who may cause a public inquiry to be held for the purpose.
(4) Section 6 of the Local Government (Miscellaneous Provisions) Act 1953 (which makes provision as to access to telegraphic lines, sewers, pipe-subways, pipes, wires, and other apparatus) shall apply in relation to a parking place (including a structure for use as a parking place) provided by a parish or community council under section 57(1) of this Act, and to the council by whom the parking place is so provided, as it applies in relation to a shelter or other accommodation provided, and to the local authority by whom it is provided, under section 4 of that Act.
(5) In this section, and in section 6 of that Act, as they apply in relation to a parking place provided under section 57(1)(a) of this Act which forms part of a road, references to removal shall be construed as including references to the suspension or revocation of the order authorising the use of that part of the road as a parking place.
59 Consents for, and provisions as to use of, parking places under s. 57(1)(b).
(1) A parish or community council shall not exercise their powers under section 57(1)(b) of this Act without the consent of the council of the county or metropolitan district in which the parish or community is situated; and any consent given by the county council or metropolitan district council may be subject to such conditions or restrictions as they think fit.
(2) A parish or community council proposing to exercise their powers under section 57(1)(b) of this Act shall—
(a) for the purpose of obtaining the consent of the county council or metropolitan district council under subsection (1) above, make an application in writing to that council giving details of the parking place which they propose to provide, and
(b) in the case of an application to a county council, send a copy of it to the council of the district in which the parish . . . is situated;
and , in that case, the county council, in considering whether or not to give their consent, or to make their consent subject to any conditions or restrictions, shall have regard to any representations made to them by that district council.
(2A) In subsection (2) above, paragraph (b) and the words which follow it do not apply in relation to Wales.
(3) Subject to subsections (4) to (6) below, section 35 of this Act shall apply in relation to a parking place provided under section 57(1)(b) of this Act as if—
(a) the parish or community council were a local authority for the purposes of sections 32 and 35 of this Act, and
(b) the parking place were provided by the parish or community council under section 32 of this Act.
(4) A parish or community council shall not, by virtue of subsection (3) above, make an order under section 35(1) of this Act without the consent of the county council or metropolitan district council; and any consent given by the county council or metropolitan district council may be subject to such conditions or restrictions as they think fit.
(5) Where, by virtue of subsection (3) above, a parish or community council proposes to make an order under section 35(1) of this Act, the council shall submit a draft of the order to the county council or metropolitan district council who (without prejudice to their power to give or withhold consent to the making of the order) may require such modifications of the terms of the proposed order as they think appropriate.
(6) The powers of a county council or metropolitan district council under section 35 of this Act shall apply in relation to a parking place provided by a parish or community council under section 57(1)(b) of this Act as they apply in relation to a parking place provided by a county council or metropolitan district council; and the power to vary or revoke an order made by a parish or community council under section 35(1) of this Act shall be exercisable by the county council or metropolitan district council as well as by the parish or community council.
(7) If, by virtue of subsection (6) above, a county council or metropolitan district council proposes to make an order under section 35(1) of this Act in relation to a parking place provided by a parish or community council, they shall send a copy of the proposed order to the parish or community council.
60 Supplementary provisions relating to ss. 57–59.
(1) A parish or community council may contribute towards—
(a) the reasonable expenses incurred by any person in doing anything which by virtue of section 57 of this Act that council has power to do, and
(b) the expenses incurred by any other parish or community council in exercising their powers under that section.
(2) Without prejudice to any other power of combination, a parish or community council may by agreement combine with any other parish or community council for the purpose of exercising their powers under section 57 of this Act.
(3) Where before 17th July 1957 a parish council has provided anything which could be provided by a parish council under section 57 of this Act, or where any other person has at any time provided anything which could be provided by a parish council under that section, the parish or community council shall have the like power to maintain that thing as if it had been provided by them under that section.
(4) In sections 57 to 59 of this Act and in subsections (1) and (2) above, except in so far as the context otherwise requires,—
“in”, in a context referring to things in a road, includes a reference to things under, over, across, along or upon the road;
“owner” has the meaning assigned to it by section 343 of the Public Health Act 1936;
“parish” or “community”, in relation to a common parish council or common community council acting for two or more grouped parishes or communities, means those parishes or communities;
“public path” has the meaning assigned to it by section 27 of the National Parks and Access to the Countryside Act 1949; and
“road” means a highway (including a public path) and any other road, lane, footway, square, court, alley or passage (whether a thoroughfare or not) to which the public has access, but does not include a road provided or to be provided in pursuance of a scheme made, or having effect as if made, under section 16 of the Highways Act 1980 (which relates to special roads).
(1) If it appears to the council of a county, metropolitan district or London borough or the Common Council of the City of London that any land in their area which is not part of a highway has been set apart by the occupier of the land for use as a place where vehicles may be driven and parked for the purpose of being loaded or unloaded in connection with a trade or business carried on on or in the vicinity of the land, the council may, subject to Part III of Schedule 9 to this Act, by an order made with the consent of the owner and the occupier of the land—
(a) designate the land as an area to which the following provisions of this section apply (in this section referred to as a “loading area”), and
(b) specify the trade or business in question.
(2) A council which has made an order in pursuance of subsection (1) above—
(a) may vary the order by a subsequent order made with the consent of the owner and the occupier of the land to which the order relates;
(b) may revoke the order by a subsequent order made with the consent of the owner and the occupier of the loading area in question; and
(c) shall revoke the order by a subsequent order if requested in writing to do so by the owner and the occupier of the loading area in question.
(3) An order in pursuance of subsection (1) or (2)(a) above may contain provisions prohibiting the parking, in the loading area to which the order relates, of vehicles of such kinds as are specified in the order, except authorised vehicles, at all times or at times so specified, and may make different provision in pursuance of the preceding provisions of this subsection for different parts of the area; and in this subsection “authorised vehicle”, in relation to a loading area, means a goods vehicle (as defined by section 192(1) of the Road Traffic Act 1988) which is in the area for the purpose of being loaded or unloaded in connection with the trade or business specified in the order designating the area.
(4) Where an order has been made by a council in pursuance of subsection (1) above and, by virtue of paragraph 22(1)(e) of Schedule 9 to this Act, traffic signs are required to be placed on the loading area to which the order relates, a person authorised in that behalf by the council may enter on the loading area for the purpose of placing any such traffic signs and for the purpose of maintaining or removing the signs.
(5) A person who, without reasonable excuse, causes a vehicle to be in any part of a loading area at a time when the parking of it there is prohibited by an order made in pursuance of subsection (1) above shall be guilty of an offence.
(6) References in subsections (2) to (5) above to an order made in pursuance of subsection (1) above include, in the case of such an order which has been varied in pursuance of subsection (2)(a) of this section, references to the order as so varied.
(7) Subsections (3) to (5) of section 44 of the Local Government (Miscellaneous Provisions) Act 1976 (which contain ancillary provisions for the purposes of Part I of that Act) shall have effect as if this section were included in that Part of that Act.
(8) In this section “owner”, in relation to any land, means a person who, either on his own account or as agent or trustee for another person, is receiving the rackrent of the land or would be entitled to receive it if the land were let at a rackrent; and any reference to a traffic sign, in relation to any land which is not a road, includes a reference to any object, device, line or mark which would be a traffic sign (as defined by section 64 of this Act) if the land were a road.
Regulations under section 2 of the Parks Regulation (Amendment) Act 1926 may make provision for imposing and recovering charges for the leaving of vehicles, or vehicles of any class, in any park to which that Act applies; and regulations made by virtue of this section may make, as respects charges and penalties recoverable under the regulations, provision corresponding to the provisions of section 47(4) of this Act.
The powers of any authority under this Act to provide parking places shall extend to providing, in roads or elsewhere, stands or racks for, or devices for securing, bicycles or motor cycles.
(1) A local authority may provide for the supervision of parking places within their area by individuals to be known as parking attendants.
(2) Parking attendants shall also have such other functions in relation to stationary vehicles as may be conferred by or under any other enactment.
(3) A parking attendant shall be—
(a) an individual employed by the authority; or
(b) where the authority have made arrangements with any person for the purposes of this section, an individual employed by that person to act as a parking attendant.
(4) Parking attendants in an area that is a civil enforcement area for parking contraventions—
(a) when exercising prescribed functions must wear such uniform as may be determined by the enforcement authority in accordance with guidance issued by the appropriate national authority, and
(b) must not exercise any of those functions when not in uniform.
Expressions used in this subsection that are defined for the purposes of Part 6 of the Traffic Management Act 2004 have the same meaning as in that Part.
(5) In this section “local authority” and “parking place” have the meanings given by section 32(4) of this Act except that Transport for London shall also be a local authority.
(6) For the purposes of this section, the area of Transport for London is Greater London.
(1) In this Act “traffic sign” means any object or device (whether fixed or portable) for conveying, to traffic on roads or any specified class of traffic, warnings, information, requirements, restrictions or prohibitions of any description—
(a) specified by regulations made by the relevant authority , or
(b) authorised by the relevant authority ,
and any line or mark on a road for so conveying such warnings, information, requirements, restrictions or prohibitions.
(2) Traffic signs shall be of the size, colour and type prescribed by regulations made as mentioned in subsection (1)(a) above except where the relevant authority authorises the erection or retention of a sign of another character; and for the purposes of this subsection illumination, whether by lighting or by the use of reflectors or reflecting material, or the absence of such illumination, shall be part of the type or character of a sign.
(2A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2C) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) Regulations under this section may be made so as to apply either generally or in such circumstances only as may be specified in the regulations.
(4) Except as provided by this Act, no traffic sign shall be placed on or near a road except—
(a) a notice in respect of the use of a bridge;
(b) a traffic sign placed, in pursuance of powers conferred by a special Act of Parliament or order having the force of an Act, by the owners or operators of a tramway, light railway or trolley vehicle undertaking, a dock undertaking or a harbour undertaking; or
(c) a traffic sign placed on any land—
(i) by a person authorised under the following provisions of this Act to place the sign on a road, and
(ii) for a purpose for which he is authorised to place it on a road.
(5) Regulations under this section, or any authorisation under subsection (2) above, may provide that section 36 of the Road Traffic Act 1988 (drivers to comply with traffic directions) shall apply to signs of a type specified in that behalf by the regulations or, as the case may be, to the sign to which the authorisation relates.
(6) References in any enactment (including any enactment contained in this Act) to the erection or placing of traffic signs shall include references to the display of traffic signs in any manner, whether or not involving fixing or placing.
(6A) In this section “"relevant authority”” means—
(a) in relation to a function so far as exercisable within devolved competence, within the meaning of the Scotland Act 1998, means the Scottish Ministers;
(b) in relation to a function so far as exercisable within devolved competence, within the meaning given by section 58A(7) and (8) of the Government of Wales Act 2006, means the Welsh Ministers;
(c) otherwise, means the Secretary of State.
(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
65 Powers and duties of traffic authorities as to placing of traffic signs.
(1) The traffic authority may cause or permit traffic signs to be placed on or near a road, subject to and in conformity with such general directions ... or such other directions as may be given by the relevant authority .
(1A) The power to give general directions under subsection (1) above includes power to require equipment used in connection with traffic signs to be of a type approved in accordance with the directions.
(2) The relevant authority may give directions to a strategic highways company or a local traffic authority—
(a) for the placing of a traffic sign of any prescribed type or authorised character specified in the directions, or
(b) for replacing a sign so specified by, or converting it into, a sign of another prescribed type or authorised character so specified.
(3) The power of the Secretary of State or the Welsh Ministers to give general directions under subsection (1) above shall be exercisable by statutory instrument.
(3ZA) The power of the Scottish Ministers to give general directions under subsection (1) is to be exercisable by Scottish statutory instrument.
(3ZB) Before giving a general direction under subsection (1) the Secretary of State must consult with the Welsh Ministers and the Scottish Ministers.
(3ZC) Before the Welsh Ministers or the Scottish Ministers give a general direction under subsection (1) they must consult with the Secretary of State.
(3A) No charge may be made—
(a) in England and Wales, by a highway authority which is the council of a county, metropolitan district or London borough or the Common Council of the City of London, or
(b) in Scotland, by a local roads authority,
with respect to the exercise of their power under subsection (1) above to permit a traffic sign to be placed on or near any road in their area if—
(i) the sign conveys information of a temporary nature or is otherwise intended to be placed only temporarily; and
(ii) the sign is to be placed by a body which is prescribed in regulations made by the relevant authority for the purposes of this subsection as being a body appearing to the relevant authority to be representative of the interests of road users or any class of road users.
(4) In this section—
“authorised character” means a character authorised by the relevant authority ; and
“prescribed type” means a type prescribed by regulations made under section 64(1)(a) of this Act.
(5) In this section “"relevant authority”” means—
(a) in relation to a function so far as exercisable within devolved competence, within the meaning of the Scotland Act 1998, means the Scottish Ministers;
(b) in relation to a function so far as exercisable within devolved competence, within the meaning given by section 58A(7) and (8) of the Government of Wales Act 2006, means the Welsh Ministers;
(c) otherwise, means the Secretary of State.
66 Traffic signs for giving effect to local traffic regulations.
(1) A constable, or a person acting under the instructions (whether general or specific) of the chief officer of police, may place on a road, or on any structure on a road, traffic signs (of any size, colour and type prescribed or authorised under section 64 of this Act) indicating prohibitions, restrictions or requirements relating to vehicular traffic, as may be requisite—
(a) for giving effect to regulations, orders or directions under any enactment mentioned in subsection (2) below, or
(b) for giving effect to directions given under section 31(4) of the Road Traffic Act 1988 (which enables directions to be given in consequence of the holding of an authorised race or trial of speed).
(2) The enactments referred to in subsection (1) above are—
(a) section 52 of the Metropolitan Police Act 1839 (which relates to prevention of obstruction on public occasions or in the neighbourhood of public buildings in the metropolitan police district);
(b) section 22 of the local Act of the second and third year of the reign of Queen Victoria, chapter 94 (which makes similar provision in relation to the City of London);
(c) section 21 of the Town Police Clauses Act 1847 (which likewise makes similar provision for areas to which that Act is applied); and
(d) section 62 of the Roads (Scotland) Act 1984 and any corresponding provision contained in a local Act relating to any part of Scotland.
(3) In this section “prescribed” means prescribed by regulations under section 64(1)(a) of this Act.
(1) A constable, or a person acting under the instructions (whether general or specific) of the chief officer of police, may place on a road, or on any structure on a road, traffic signs (of any size, colour and type prescribed or authorised under section 64 of this Act), indicating prohibitions, restrictions or requirements relating to vehicular traffic, as may be necessary or expedient to prevent or mitigate congestion or obstruction of traffic, or danger to or from traffic, in consequence of extraordinary circumstances; and the power to place signs conferred by this subsection shall include power to maintain a sign for a period of 7 days or less from the time when it was placed, but no longer.
(1A) In subsection (1)—
(a) “extraordinary circumstances” includes terrorism or the prospect of terrorism within the meaning of section 1 of the Terrorism Act 2000 (c. 11), and
(b) the reference to 7 days shall, in the application of the subsection in connection with terrorism or the prospect of terrorism, be taken as a reference to 28 days;
but this subsection does not apply to a power under subsection (1) in so far as exercisable by a traffic officer by virtue of section 7 of the Traffic Management Act 2004 (c. 18).
(1B) In the application of subsection (1) in connection with terrorism or the prospect of terrorism—
(a) the reference to vehicular traffic is to be read as a reference to any kind of traffic (including pedestrians), and
(b) the other references to traffic are to be read accordingly.
(2) Section 36 of the Road Traffic Act 1988 (drivers to comply with traffic directions) shall apply to signs placed in the exercise of the powers conferred by subsection (1) above.
(3) Regulations under section 64 of this Act prescribing any type of object or device for warning traffic of a temporary obstruction may include provisions for authorising (subject to such conditions as may be specified in the regulations) persons not otherwise authorised to do so to place an object or device of that type on or near roads, or on or near any description of road so specified, in such circumstances and for such periods as may be so specified.
68 Placing of traffic signs in connection with exercise of other powers.
(1) This section applies to any authority having power to make—
(a) an order under or by virtue of any of the following provisions of this Act, namely, sections 1 to 4, sections 14, 16A19, 29, . . . 32, 35, 37, 38, 45 and 46 and subsections (2) and (4) of section 49, or
(b) an order as respects a road outside Greater London under section 9 of this Act, or
(c) an order to which this paragraph applies by virtue of any provision of Part VI of this Act.
(2) Without prejudice to any powers conferred by or under any other provision of this Act, but subject to subsection (3) below, an authority to whom this section applies may place and maintain, or cause to be placed and maintained, such traffic signs, of any type prescribed or character authorised under section 64 of this Act, as the authority may consider necessary in connection with any order made by the authority as respects any road and falling within any of paragraphs (a) to (c) of subsection (1) above or, in the case of a traffic authority having power to make an order under section 14 of this Act, as the authority may consider necessary in connection with any order made or notice issued by them under that section; but, if the order is made or, as the case may be, the notice is issuedby an authority other than the traffic authority for the road, the authority by whom the order is made or, as the case may be, the notice is issued—
(a) shall consult with the traffic authority as to the placing of the signs, and
(b) unless the traffic authority are unwilling to do so, shall enter into arrangements with the traffic authority for the signs to be placed and maintained by the traffic authority
(3) The power conferred by subsection (2) above on an authority to whom this section applies shall be exercisable subject to and in conformity with any general directions given under section 65(1) of this Act, whether that authority is a traffic authority or not; and any other power conferred by section 65 to give directions to a traffic authority shall include power to give the like directions to an authority to whom this section applies.
(1) The traffic authority may by notice in writing require the owner or occupier of any land on which there is an object or device (whether fixed or portable) for the guidance or direction of persons using the road to remove it.
(2) If a person fails to comply with such a notice, the traffic authority may themselves effect the removal, doing as little damage as may be; and the expenses incurred by them in doing so shall be recoverable by them from the person in default, and, in England or Wales, shall be so recoverable summarily as a civil debt.
(3) The national authority may give directions to a strategic highways company or a local traffic authority requiring it or them to remove, or cause to be removed, any traffic sign or any such object or device as is mentioned in subsection (1) above.
70 Default powers of Secretary of State as to traffic signs.
(1) If a strategic highways company, a local traffic authority or an authority to whom section 68 of this Act applies fail to comply with any direction given under section 65(2) or section 69 of this Act, the national authority may ... carry out the work required by the direction; and the expenses incurred ... in doing so shall be recoverable by the national authority from the company or the authority that failed to comply with the direction , and, in England or Wales, shall be so recoverable summarily as a civil debt.
(2) Any such direction—
(a) if relating to a road in England or Wales, shall be enforceable on the application of the Secretary of State by an order of mandamus; or
(b) if relating to a road in Scotland, shall be enforceable by order of the Court of Session on an application by the Lord Advocate under section 91 of the Court of Session Act 1868.
(3) In England, where subsection (1) applies in respect of non-compliance with a direction by a traffic authority other than a strategic highways company—
(a) a strategic highways company may carry out the work required by the direction with the consent of the Secretary of State, and
(b) the expenses incurred by the company in doing so are recoverable by the company from the authority summarily as a civil debt.
71 Power to enter land in connection with traffic signs.
(1) A strategic highways company, a local traffic authority or an authority to whom section 68 of this Act applies or the national authority may enter any land and exercise such other powers as may be necessary for the purpose of the exercise and performance of their powers and duties of placing, replacing, converting and removing traffic signs or their powers and duties under section 69 of this Act.
(2) In this section “traffic signs” includes signposts for footpaths (within the meaning of the Highways Act 1980) and bridleways, and “signposts” includes other signs or notices for the same purpose.
(3) Subsection (2) above does not extend to Scotland.
72 Powers exercisable by parish or community councils.
(1) A parish or community council may, with the permission of the highway authority and subject to any conditions imposed by that authority, provide on or near any road, other than a footpath or bridleway, or may contribute, either wholly or in part, towards the cost of providing on or near any such road, traffic signs indicating—
(a) a stopping place for public service vehicles;
(b) a warning of the existence of any danger; or
(c) the name of the parish or community or of any place in it.
(2) A parish or community council may provide, or may contribute, either wholly or in part, towards the cost of providing, on or near any footpath or bridleway, any object or device (not being a traffic sign) for conveying to users of that footpath or bridleway a warning of the existence of danger.
(3) No traffic sign, object or device provided by a parish or community council in pursuance of this section shall be placed on any land (not being a road or part of a road) without the consent of the owner and occupier of the land.
(4) Nothing in this section shall prejudice the exercise by the highway authority , the Welsh Ministers or the Secretary of State of their powers under section 69 of this Act; but where any such object or device as is mentioned in subsection (1) of that section is an object or device—
(a) provided by a parish or community council in pursuance of this section, and
(b) so provided on land which the council neither own nor occupy,
the powers conferred on the highway authority by that subsection shall be exercisable in relation to the council and not in relation to the owner or occupier of the land.
(5) For the purpose of complying with a notice under section 69(1) of this Act which, by virtue of subsection (4) above, requires a parish or community council to remove an object or device, the council may enter any land and exercise such other powers as may be necessary for that purpose.
(6) A parish or community council may warn the public of any danger in or apprehended in their area, subject, however, in the case of a warning given by providing any traffic sign, object or device, to the provisions of subsections (1) and (3) above.
(7) This section does not extend to Scotland.
73 Powers and duties of local traffic authorities in Greater London in respect of traffic signs.
(1) In connection with any order under section 6 or 9 of this Act made or proposed by them, Transport for London, the council of a London borough and the Common Council of the City of London may, as respects any road . . . for which they are the traffic authority affix any traffic sign to any lamp-post or other structure in the highway, whether or not belonging to Transport for London or the council.
(1A) In connection with any GLA road, Transport for London may—
(a) exercise, as respects any road in Greater London which is neither a trunk road nor a GLA road, any powers exercisable by the traffic authority for that road in connection with the placing of traffic signs on or near that road in pursuance of section 65 of this Act; and
(b) affix any such sign to any lamp-post or other structure in the highway, whether or not belonging to Transport for London.
(1B) The power conferred by subsection (1A) above shall be exercisable—
(a) in connection with any order under section 6 or 9 of this Act made or proposed to be made by Transport for London; or
(b) in any other circumstances.
(1C) Before exercising the power conferred by subsection (1A) above, Transport for London shall consult the traffic authority for the road on or near which Transport for London proposes to place the traffic sign.
(2) As respects any traffic sign lawfully in place in Greater Londonwhich is required in connection with an order under section 6 or 9 of this Act, it shall be the duty of the appropriate traffic authority—
(a) to take such steps to maintain, and to make such alteration of, that sign as may be necessary or expedient in connection with any relevant order, and
(b) to remove the sign if it ceases to be required in connection with any order under section 6 or 9 of this Act.
In paragraph (a) above “relevant order”, in relation to a traffic sign, means an order under section 6 or 9 of this Act in connection with which the traffic sign is required.
(2A) For the purposes of subsection (2) above, “the appropriate traffic authority”, in the case of any traffic sign, is the authority which is the traffic authority for the road as respects which the order under section 6 or 9 of this Act is made in connection with which the traffic sign is required.
(3)—(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6) The powers of Transport for London exercisable under subsection (1A) above by virtue of subsection (1B)(b) above shall extend to the removal or repositioning of any traffic sign on or near the road in question, whether placed by Transport for London or not.
(7) On the removal or repositioning by Transport for London of any such traffic sign placed by another authority, the traffic sign shall vest in Transport for London.
(8) Except—
(a) with the consent of Transport for London, or
(b) in pursuance of a direction under section 65(2) of this Act,
the traffic authority for a road shall not remove, alter or in any way interfere with any traffic sign placed or repositioned on or near the road by Transport for London by virtue of subsection (1B)(b) above.
(1) For the purpose of placing traffic signs on or near any road in their area in pursuance of section 65, 68 or 73 of this Act, . . . Transport for London and the council of a London borough . . . shall each(subject to subsections (2) to (7) below) have power to affix a traffic sign to any external wall of a building having a frontage to, or constructed over, any such road.
(1A) Subsections (2) to (7) below shall apply in relation to Transport for London as they apply in relation to a London borough council.
(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) Subject to subsection (4) below, a council shall not affix a traffic sign to the external wall of a building under this section without the consent of the owner of the building.
(4) Where in the opinion of . . . the council of a London borough . . . any consent required under subsection (3) above is unreasonably withheld, they may apply to the appropriate authority, who may either allow the affixing of the traffic sign subject to such conditions, if any, as to rent or otherwise as the appropriate authority think fit, or disallow the affixing of the traffic sign.
(5) Where any traffic sign has been affixed by a council to a building under this section—
(a) the council shall have the right, as against any person having an interest in the building, to alter or remove it, or to repair or maintain it, but
(b) the owner of the building may give to the council not less than 14 days’ notice requiring them at their own expense temporarily to remove the sign where necessary during any reconstruction or repair of the building.
(6) If any person suffers damage by or in consequence of the affixing of a traffic sign by a council, or by or in consequence of the exercise by a council of the rights conferred by subsection (5)(a) above, he shall be entitled to be paid by the council such compensation as may be agreed with the council or, in default of agreement, determined by arbitration.
(7) Subsection (1) above shall have effect subject to section 2 of the Ancient Monuments and Archaeological Areas Act 1979 (under which scheduled monument consent is required for the execution of certain works affecting scheduled monuments).
(8) Nothing in this section shall derogate from the powers of Transport for London or. . . the council of a London borough to enter on land for the placing of traffic signs in pursuance of section 71 of this Act or to carry out work for the improvement of a highway in pursuance of section 62 of the Highways Act 1980 (general power of improvement).
(9) In this section—
“appropriate authority” means a magistrates’ court, except that, in relation to buildings of any description specified in the first column of Schedule 5 to this Act, it means the minister specified in relation to that description in the second column of that Schedule;
“building” includes a structure and a bridge or aqueduct over a street;
“owner”—
in relation to a building occupied under a tenancy for a term of years of which five years or more remain unexpired, means the occupier of the building, and
in relation to any other building, means the person for the time being receiving the rackrent of the building, whether on his own account or as agent or trustee for any other person, or who would so receive it if the building were let at a rackrent; and
“traffic sign” includes any apparatus required for the illumination of a traffic sign which forms part of the sign.
74A London borough councils and the London traffic control system.
(1) If a London borough council requests Transport for London to provide any new traffic light installations for a road in Greater London which is neither a GLA road nor a trunk road, Transport for London shall approve and carry out the work unless it considers that there are reasonable grounds for refusing to do so.
(2) If Transport for London and a London borough council so agree, Transport for London may make a scheme transferring to the council—
(a) any part of the London traffic control system, and
(b) the power to maintain and operate that part of the system.
(3) The council for a London borough may, with the approval of Transport for London, buy, own, maintain and operate new traffic light installations for any road in the borough other than a trunk road.
(4) Where the powers conferred by subsection (2) or (3) above are exercised, the London borough council concerned shall, as respects the traffic signs comprised in—
(a) the part of the London traffic control system transferred by the scheme under subsection (2) above, or
(b) the traffic light installations referred to in subsection (3) above,
be treated (to the exclusion of Transport for London) as the traffic authority for all roads in Greater London (other than trunk roads) on or near which those traffic signs are placed.
(5) Any exercise of the powers conferred by subsections (1) to (3) above is subject to the agreement of financial arrangements between Transport for London and the council concerned.
(6) Before Transport for London—
(a) changes the operating cycle, or the timing of the operating cycle, of any traffic light installations provided on a road in Greater London which is neither a GLA road nor a trunk road, or
(b) provides new traffic light installations for such a road,
Transport for London shall consult the council of the London borough in which the installations are or are to be provided.
(7) In this section—
“the London traffic control system” means the traffic control system which Transport for London has power to operate by virtue of the functions transferred to it—
by section 275 of the Greater London Authority Act 1999; or
by a scheme under subsection (1) or (3) of section 74B of this Act transferring functions of the Secretary of State to Transport for London;
“traffic control system” means a system for controlling the movement of vehicular traffic or of pedestrians by means of traffic light installations;
“traffic light installations” means—
traffic signs which are light signals for controlling the movement of vehicular traffic or of pedestrians; or
any installations or apparatus used in connection with the operation of any such traffic signs.
(8) For the purposes of this section—
(a) the City of London shall be treated as if it were a London borough;
(b) the Common Council shall be treated as if it were the council for a London borough; and
(c) the Inner Temple and the Middle Temple shall be treated as forming part of the City.
74B Transfer of traffic control systems between Secretary of State or a strategic highways company and Transport for London.
(1) If the Secretary of State or a strategic highways company and Transport for London so agree, the Secretary of State or the company may make a scheme transferring to Transport for London—
(a) the traffic control system for a trunk road in Greater London; and
(b) the power to maintain and operate that system.
(2) If Transport for London and the Secretary of State or a strategic highways company so agree, Transport for London may make a scheme transferring to the Secretary of State or the company—
(a) the London traffic control system; and
(b) the power to maintain and operate that system.
(3) If, in a case where a traffic control system has been transferred under this section, the transferee and the transferor so agree, the transferee may make a scheme transferring back to the transferor the system and the power to maintain and operate it.
(4) A scheme under subsection (1), (2) or (3) above may make provision for the transferee to be treated (to the exclusion of the transferor), as respects the traffic signs comprised in the traffic control system transferred, as the traffic authority for specified roads in Greater London on or near which those traffic signs are placed.
(5) Any exercise of the powers conferred by subsections (1) to (3) above is subject to the agreement of financial arrangements between the Secretary of State or the strategic highways company and Transport for London.
(6) Any reference in this section to a traffic control system includes a reference to part of a traffic control system.
(7) Expressions used in this section and in section 74A above have the same meaning in this section as they have in that section.
(1) This section has effect for the purposes of sections 65, 73, 74, 74A, 74B and 75 of this Act.
(2) In the application of those provisions to traffic signs in Greater London which are light signals for controlling the movement of vehicular traffic or of pedestrians, Transport for London shall at all times be deemed to be the traffic authority for all roads in Greater London other than trunk roads.
(3) Without prejudice to the powers of the traffic authority for the road in question, Transport for London shall also be deemed to be the traffic authority for any road in Greater London for which they are not in fact the traffic authority for the purposes of the exercise by them as respects that road under section 73(1A) above of any powers exercisable by the traffic authority for that road.
(4) Subsections (2) and (3) above are subject to any provision to the contrary made by or under section 74A or 74B of this Act.
75 Similar provisions applicable in City of London.
(1) For the purpose of placing traffic signs on or near any road in the City of London in pursuance of section 65 of this Act, or any apparatus required for illumination forming part of any such sign, the Corporation, subject to subsections (2) and (3) below, shall have power to affix any such sign or apparatus to the external wall of any building fronting any such road.
(2) Section 53 of the City of London (Various Powers) Act 1900 (which, in relation to things affixed for the public lighting of streets, provides for compensation for injury and makes special provision as to railway property and Crown property) shall apply in relation to the affixing of any traffic sign or apparatus under subsection (1) above as it applies to the affixing of brackets, wires, pipes, lamps and apparatus for the public lighting of streets, and shall so apply as if, in that section, “street” included any road within the meaning of this Act.
(3) Nothing in this section shall authorise the Corporation, without the consent of the Secretary of State, to affix any traffic sign or apparatus forming part of any such sign to—
(a) any building for the time being included in a list published by the Secretary of State under any enactments for the time being in force with respect to ancient monuments, or
(b) any building for the time being included in a list of buildings of special architectural or historic interest compiled by the Secretary of State under section 1 of the Planning (Listed Buildings and Conservation Areas) Act 1990, not being a building to which paragraph (a) above applies.
(4) Subsection (3) above is without prejudice to section 2 of the Ancient Monuments and Archaeological Areas Act 1979 (under which scheduled monument consent is required for the execution of certain works affecting scheduled monuments).
(5) In this section “the Corporation” means the mayor and commonalty and citizens of the City of London acting by the Common Council.
77 Traffic signs: modifications as respects trunk roads.
In relation to a road for which the national authority is the traffic authority—
(a) section 65(1) of this Act shall have effect with the omission of references to directions, and
(b) the provisions of this Act relating to directions for the placing, replacing, conversion and removal of traffic signs, notices, objects or devices shall not apply except in relation to a bridge repairable by a person other than the national authority .
79 Advances by Secretary of State towards expenses of traffic signs.
(1) The national authority may make advances towards any expenses incurred by a council in the discharge of any obligation imposed on them, by or under any provisions to which this section applies, in relation to the erection, maintenance, alteration or removal of traffic signs.
(1A) An advance by the Secretary of State under this section is to be made out of moneys provided by Parliament.
(2) This section applies to all the provisions of this Act except sections 72, 74 and 75.
(3) An advance under this section may be either by way of grant or by way of loan or partly in the one way and partly in the other, and shall be upon such terms and subject to such conditions as the national authority thinks fit.
(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5) The power of the national authority under this section to make advances towards expenses incurred in relation to traffic signs shall be exercisable with respect to any expenses incurred under section 68 of this Act by an authority to whom that section applies or by a local traffic authority
(1) References to a traffic authority in any of the provisions of this Act specified in subsection (2) below shall be construed as including references to any person who, not being a traffic authority , is responsible for the maintenance of a road.
(2) The provisions of this Act referred to in subsection (1) above are section 65 and sections 68 to 73.
(1) It shall not be lawful for a person to drive a motor vehicle on a restricted road at a speed exceeding 30 miles per hour.
(2) The national authority may by order ... increase or reduce the rate of speed fixed by subsection (1) above, either as originally enacted or as varied under this subsection.
(3) An order under subsection (2)—
(a) if made by the Secretary of State, is to be made by statutory instrument and approved by a resolution of each House of Parliament;
(aa) if made by the Welsh Ministers, is to be made by statutory instrument and approved by a resolution of the National Assembly for Wales;
(b) if made by the Scottish Ministers, is subject to the affirmative procedure.
(4) Before making an order under subsection (2) the Secretary of State must consult with the Welsh Ministers and the Scottish Ministers.
(5) Before the Welsh Ministers or the Scottish Ministers make an order under subsection (2) they must consult with the Secretary of State.
(1) Subject to the provisions of this section and of section 84(3) of this Act, a road is a restricted road for the purposes of section 81 of this Actif—
(a) in England and Wales, there is provided on it a system of street lighting furnished by means of lamps placed not more than 200 yards apart;
(b) in Scotland, there is provided on it a system of carriageway lighting furnished by means of lamps placed not more than 185 metres apart and the road is of a classification or type specified for the purposes of this subsection in regulations made by the Scottish Ministers .
(2) The traffic authority for a road may direct
(a) that the road which is a restricted road for the purposes of section 81 of this Act shall cease to be a restricted road for those purposes, or
(b) that the roadwhich is not a restricted road for those purposes shall become a restricted road for those purposes.
(3) A special road is not a restricted road for the purposes of section 81 on or after the date declared by the traffic authority, by notice published in the manner prescribed in regulations made by the national authority , to be the date on which the special road, or the relevant part of the special road, is open for use as a special road.
(1) A direction under section 82(2) by the national authority shall be given by means of an order made by the national authority after giving public notice of the national authority's intention to make an order.
(2) A direction under section 82(2) by a local traffic authority shall be given by a strategic highways company or by means of an order made by the company or the authority.
(3) Section 68(1)(c) of this Act shall apply to any order made under subsection (2) above.
(4) The power of the Welsh Ministers to make an order under subsection (1) is exercisable by statutory instrument.
84 Speed limits on roads other than restricted roads.
(1) An order made under this subsection as respects any road may prohibit—
(a) the driving of motor vehicles on that road at a speed exceeding that specified in the order,
(b) the driving of motor vehicles on that road at a speed exceeding that specified in the order during periods specified in the order, or
(c) the driving of motor vehicles on that road at a speed exceeding the speed for the time being indicated by traffic signs in accordance with the order.
(1A) An order made by virtue of subsection (1)(c) above may—
(a) make provision restricting the speeds that may be indicated by traffic signs or the periods during which the indications may be given, and
(b) provide for the indications to be given only in such circumstances as may be determined by or under the order;
but any such order must comply with regulations made under subsection (1B) below, except where the national authority authorises otherwise in a particular case.
(1B) The national authority may make regulations governing the provision which may be made by orders of strategic highways companies or local authorities under subsection (1)(c) above, and any such regulations may in particular—
(a) prescribe the circumstances in which speed limits may have effect by virtue of an order,
(b) prescribe the speed limits which may be specified in an order, and
(c) make transitional provision and different provision for different cases.
(2) The power to make an order under subsection (1) is exercisable by the traffic authority, who shall before exercising it in any case give public notice of their intention to do so.
(3) While an order made by virtue of subsection (1)(a) above is in force as respects a road, that road shall not be a restricted road for the purposes of section 81 of this Act.
(4) This section does not apply to any part of a special road which is open for use as a special road.
(5) Section 68(1)(c) of this Act shall apply to any order made under subsection (1) above.
(6) Any reference in a local Act to roads subject to a speed limit shall, unless the contrary intention appears, be treated as not including a reference to roads subject to a speed limit imposed only by virtue of subsection (1)(b) or (c) above.
85 Traffic signs for indicating speed restrictions.
(1) For the purpose of securing that adequate guidance is given to drivers of motor vehicles as to whether any, and if so what, limit of speed is to be observed on any road, it shall be the duty of the national authority , in the case of a road for which the national authority is the traffic authority, to erect and maintain . . . traffic signs in such positions as may be requisite for that purpose.
(2) In the case of any other road, it is the duty of the ... traffic authority—
(a) to erect and maintain . . . traffic signs in such positions as may be requisite in order to give effect to general or other directions given by the national authority for the purpose mentioned in subsection (1) above, and
(b) to alter or remove traffic signs as may be requisite in order to give effect to such directions, either in consequence of the making of an order by the national authority or otherwise.
(3) If a ... traffic authority makes default in executing any works required for the performance of the duty imposed on them by subsection (2) above, the national authority may ... execute the works; and the expense incurred ... in doing so shall be recoverable by the national authority from the ... traffic authority and, in England or Wales, shall be so recoverable summarily as a civil debt.
(3A) In England, where subsection (3) applies in respect of non-compliance with a direction by a traffic authority other than a strategic highways company—
(a) a strategic highways company may execute the work required by the direction with the consent of the Secretary of State, and
(b) the expense incurred by the company in doing so is recoverable by the company from the authority summarily as a civil debt.
(4) Where no such system of street or carriageway lighting as is mentioned in section 82(1) is provided on a road, but a limit of speed is to be observed on the road, a person shall not be convicted of driving a motor vehicle on the road at a speed exceeding the limit unless the limit is indicated by means of such traffic signs as are mentioned in subsection (1) or subsection (2) above.
(5) In any proceedings for a contravention of section 81 of this Act, where the proceedings relate to driving on a road provided with such a system of street or carriageway lighting, evidence of the absence of traffic signs displayed in pursuance of this section to indicate that the road is not a restricted road for the purposes of that section shall be evidence that the road is a restricted road for those purposes.
(5A) In any proceedings for a contravention of section 81 of this Act, a certificate of an officer of the national authority ... that a road is of a specified classification or type shall be sufficient evidence of the facts certified; and a document purporting to be such a certificate and to be signed by such an officer shall be deemed to be such a certificate unless the contrary is shown.
(6) Where by regulations made under section 17(2) of this Act a limit of speed is to be observed, then, if it is to be observed—
(a) on all special roads, or
(b) on all special roads provided for the use of particular classes of traffic, or
(c) on all special roads other than special roads of such description as may be specified in the regulations, or
(d) as mentioned in paragraph (a), (b) or (c) above except for such lengths of special road as may be so specified,
this section shall not apply in relation to that limit (but without prejudice to its application in relation to any lower limit of maximum speed or, as the case may be, any higher limit of minimum speed, required by any such regulations to be observed on any specified length of any specified special road).
(7) The power of the Secretary of State to give general directions under subsection (2) above shall be exercisable by statutory instrument.
(7A) The power of the Welsh Ministers to give general directions under subsection (2) is exercisable by statutory instrument.
(8) The power of the Scottish Ministers to give general directions under subsection (2) is to be exercisable by Scottish statutory instrument.
(9) Before giving any general directions under subsection (2) the Secretary of State must consult with the Welsh Ministers and the Scottish Ministers.
(10) Before the Welsh Ministers or the Scottish Ministers give any general directions under subsection (2) they must consult with the Secretary of State.
86 Speed limits for particular classes of vehicles.
(1) It shall not be lawful for a person to drive a motor vehicle of any class on a road at a speed greater than the speed specified in Schedule 6 to this Act as the maximum speed in relation to a vehicle of that class.
(2) Subject to subsections (4) and (5) below, the relevant authority may by regulations vary, subject to such conditions as may be specified in the regulations, the provisions of that Schedule.
(3) Regulations under this section may make different provision as respects the same class of vehicles in different circumstances.
(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5) The relevant authority shall not have power under this section to vary the speed limit imposed by section 81 of this Act.
(6) The relevant authority shall not have power under this section to impose a speed limit, as respects driving on roads which are not restricted roads for the purposes of section 81 of this Act, on a vehicle which—
(a) is constructed solely for the carriage of passengers and their effects;
(b) is not adapted to carry more than 8 passengers exclusive of the driver;
(c) is neither a heavy motor car nor an invalid carriage;
(d) is not drawing a trailer; and
(e) is fitted with pneumatic tyres on all its wheels.
(7) The relevant authority in this section—
(a) as respects the driving of vehicles on roads in England ..., is the Secretary of State;
(aa) as respects the driving of vehicles on roads in Wales, is the Welsh Ministers;
(b) as respects the driving of vehicles on roads in Scotland, is the Scottish Ministers.
(8) Regulations made by the Scottish Ministers under this section are subject to the affirmative procedure.
(9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
87 Exemption of fire brigade, ambulance and police vehicles from speed limits.
(1) No statutory provision imposing a speed limit on motor vehicles shall apply to any vehicle on an occasion when it is being used for fire and rescue authority, for ambulance purposes or police purposes, if the observance of that provision would be likely to hinder the use of the vehicle for the purpose for which it is being used on that occasion.
(1A) Subsection (1) above applies in relation to a vehicle that, although not being used for ambulance purposes, is being used for the purpose of providing a response to an emergency at the request of an NHS ambulance service.
(1B) In subsection (1A), “an NHS ambulance service” means—
(a) an NHS trust or NHS foundation trust established under the National Health Service Act 2006 which has a function of providing ambulance services;
(b) an NHS trust established under the National Health Service (Wales) Act 2006 which has a function of providing ambulance services;
(c) the Scottish Ambulance Service Board.
(2) Subsection (1) above applies in relation to a vehicle being used—
(a) for National Crime Agency purposes, or
(b) for training persons to drive vehicles for use for National Crime Agency purposes,
as it applies in relation to a vehicle being used for police purposes.
(3) But (except where it is being used for training the person by whom it is being driven) subsection (1) above does not apply in relation to a vehicle by virtue of subsection (2) above unless it is being driven by a person who has been trained in driving vehicles at high speeds.
(1) Where it appears to the relevant authority desirable to do so in the interests of safety or for the purpose of facilitating the movement of traffic, the authority may, after giving public notice of the intention to do so, by order prohibit, for a period not exceeding 18 months, the driving of motor vehicles—
(a) on all roads, or on all roads in any area specified in the order, or on all roads of any class so specified, or on all roads other than roads of any class so specified, or on any road so specified, at a speed greater than that specified in the order, or
(b) on any road specified in the order, at a speed less than the speed specified in the order, subject to such exceptions as may be so specified.
(2) Any prohibition imposed by an order under subsection (1) above may be so imposed either generally, or at times, on days or during periods specified in the order; but the provisions of any such order shall not, except in so far as may be provided by the order, affect the provisions of sections 81 to 84 of this Act.
(3) For the purposes of an order under subsection (1)(a) above, roads may be classified by reference to any circumstances appearing to the relevant authority to be suitable for the purpose, including their character, the nature of the traffic to which they are suited or the traffic signs provided on them.
(4) The provisions of any order under subsection (1) above may be continued, either indefinitely or for a specified period, by an order of the relevant authority ....
(5) Where by virtue of an order under this section a speed limit is to be observed, then—
(a) if it is to be observed on all roads, on all roads of any class specified in the order or on all roads other than roads of any class so specified, section 85 of this Act shall not apply in relation to that limit;
(b) if it is to be observed on all roads in any area and, at all points where roads lead into the area, is indicated as respects the area as a whole by means of such traffic signs as are mentioned in subsection (1) or subsection (2) of section 85 of this Act, the limit shall, for the purposes of subsection (4) of that section, be taken as so indicated with respect to all roads in the area.
(6) This section does not apply to any part of a special road which is open for use as a special road.
(7) If a person drives a motor vehicle on a road in contravention of an order under subsection (1)(b) above, he shall be guilty of an offence; but a person shall not be liable to be convicted of so driving solely on the evidence of one witness to the effect that, in the opinion of the witness, he was driving the vehicle at a speed less than that specified in the order.
(7A) The relevant authority in this section—
(a) in relation to roads in England ..., is the Secretary of State;
(aa) in relation to roads in Wales, is the Welsh Ministers;
(b) in relation to roads in Scotland, is the Scottish Ministers.
(8) The first order to be made under subsection (1)(b)by the Secretary of State above shall not be made until a draft of the order has been laid before Parliament and approved by a resolution of each House of Parliament.
(8A) The first order to be made under subsection (1)(b) by the Welsh Ministers is not to be made until a draft of the order has been laid before and approved by a resolution of the National Assembly for Wales.
(9) The power of the Scottish Ministers to make an order under subsection (1) is not to be exercisable by Scottish statutory instrument.
(10) The first order to be made under subsection (1)(b) by the Scottish Ministers shall not be made until a draft of the order has been laid before the Scottish Parliament and approved by it.
(11) The power of the Secretary of State to make an order under subsection (4) is exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(11A) The power of the Welsh Ministers to make an order under subsection (4) is exercisable by statutory instrument.
(11B) A statutory instrument containing an order made by the Welsh Ministers under subsection (4) is subject to annulment in pursuance of a resolution of the National Assembly for Wales.
(12) An order made by the Scottish Ministers under subsection (4) is subject to the negative procedure.
(1) A person who drives a motor vehicle on a road at a speed exceeding a limit imposed by or under any enactment to which this section applies shall be guilty of an offence.
(2) A person prosecuted for such an offence shall not be liable to be convicted solely on the evidence of one witness to the effect that, in the opinion of the witness, the person prosecuted was driving the vehicle at a speed exceeding a specified limit.
(3) The enactments to which this section applies are—
(a) any enactment contained in this Act except section 17(2);
(b) section 2 of the Parks Regulation (Amendment) Act 1926; and
(c) any enactment not contained in this Act, but passed after 1st September 1960, whether before or after the passing of this Act.
(4) If a person who employs other persons to drive motor vehicles on roads publishes or issues any time-table or schedule, or gives any directions, under which any journey, or any stage or part of any journey, is to be completed within some specified time, and it is not practicable in the circumstances of the case for that journey (or that stage or part of it) to be completed in the specified time without the commission of such an offence as is mentioned in subsection (1) above, the publication or issue of the time-table or schedule, or the giving of the directions, may be produced as prima facie evidence that the employer procured or (as the case may be) incited the persons employed by him to drive the vehicles to commit such an offence.