The Associated British Ports (Immingham Green Energy Terminal) Order 2025
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Change 1
56 Traffic regulation measures
(1) Subject to the provisions of this article, the undertaker may, for the purposes of the authorised project— (a) make provision, in respect of those lengths of road specified in column (2) of Part 1 (permanent speed limits) of Schedule 10 (traffic regulation measures), imposing the permanent speed limit specified in column (3) of that Part of that Schedule; (b) make provision, in respect of those lengths of road specified in column (2) of Part 2 (temporary prohibition of parking) of Schedule 10 (traffic regulation measures) prohibiting the parking of vehicles to the extent specified in column (3) of that Part of that Schedule; (c) make provision, in respect of those lengths of road specified in column (2) of Part 3 (temporary road closures) of Schedule 10 (traffic regulation measures) temporarily closing that road to the classes of road user specified in column (3) of that Part of that Schedule; (d) make provision, in respect of those lengths of road specified in column (2) of Part 4 (priority of vehicular traffic) of Schedule 10 (traffic regulation measures), as to the priority of vehicular traffic as specified in column (3) of that Part of that Schedule; and (e) revoke, amend or suspend in whole or in part any order made, or having effect as if made, under the 1984 Act in so far as it is inconsistent with any prohibition, restriction or other provision made by the undertaker under this paragraph. (2) No speed limit imposed by or under this Order applies to vehicles falling within regulation 3(4) (regulations in relation to orders and notices under the 1984 Act) of the Road Traffic Exemptions (Special Forces) (Variation and Amendment) Regulations 2011 when used in accordance with regulation 3(5) of those regulations. (3) Subject to the provisions of this article, and the consent of the traffic authority in whose area the road is situated, the undertaker may for the purposes of construction, operation, maintenance and decommissioning of the authorised project, temporarily place traffic signs and signals on any road and, subject to the consent of the traffic authority in whose area the road is situated, the placing of those traffic signs and signals is deemed to have been permitted by the traffic authority for the purposes of section 65 of the 1984 Act and the Traffic Signs Regulations and General Directions 2016. (4) Without limiting the scope of the specific powers conferred by paragraph (1) but subject to the provisions of this article and the consent of the traffic authority in whose area the road concerned is situated, the undertaker may, in so far as expedient or necessary for the purposes of, in connection with, or in consequence of the construction, maintenance, operation and decommissioning of the authorised project— (a) revoke, amend or suspend in whole or in part any order made, or having effect as if made, under the 1984 Act; (b) permit, prohibit or restrict the stopping, parking, waiting, loading or unloading of vehicles on any road; (c) authorise the use as a parking place of any road; (d) make provision as to the maximum speed, routes, direction or priority of vehicular traffic on any road; and (e) permit, prohibit or restrict vehicular access or use to or on any road, either at all times or at times, on days or during such periods as may be specified by the undertaker. (5) The undertaker must not exercise the powers in paragraphs (1), (3) and (4) unless it has— (a) given not less than— (i) 12 weeks’ notice in writing of the undertaker’s intention so to do in the case of a prohibition, restriction or other provision intended to have effect permanently; and (ii) 4 weeks’ notice in writing of the undertaker’s intention so to do in the case of a prohibition, restriction or other provision intended to have effect temporarily, to the chief officer of police and to the traffic authority in whose area the road is situated and that notice must include the time periods within which the traffic authority may specify the manner in which, under sub-paragraph (b), the undertaker must advertise its intention to exercise the powers conferred by paragraphs (1), (3) and (4); and (b) advertised its intention in such manner as the traffic authority may specify in writing within— (i) 28 days of its receipt of notice of the undertaker’s intention in the case of sub-paragraph (a)(i); or (ii) within seven days of its receipt of notice of the undertaker’s intention in the case of sub-paragraph (a)(ii). (6) Any prohibition, restriction or other provision made by the undertaker under paragraphs (1), (3) or (4)— (a) has effect as if duly made by, as the case may be— (i) the traffic authority in whose area the road is situated as a traffic regulation order under the 1984 Act; or (ii) the local authority in whose area the road is situated as an order under section 32 (power of local authorities to provide parking places) of the 1984 Act, and the instrument by which it is effected, to be in such form as the undertaker considers appropriate, may specify savings and exemptions to which the prohibition, restriction or other provision is subject; and (b) is deemed to be a traffic order for the purposes of Schedule 7 (road traffic contraventions subject to civil enforcement) to the Traffic Management Act 2004; and (c) must be advertised in the same manner as the undertaker’s intention to make the prohibition, restriction or other provision was under paragraph (5)(b). (7) Any prohibition, restriction or other provision made under this article may be suspended, varied or revoked by the undertaker from time to time by subsequent exercise of the powers conferred by paragraphs (1), (3) and (4). (8) Before exercising the powers conferred by paragraphs (1), (3) or (4) the undertaker must consult such persons as the undertaker considers necessary and appropriate and have regard to the representations made to the undertaker by any such person. (9) An order made under paragraph (4)(a) may be varied or revoked by an order made by the highway authority under the 1984 Act.
56 Traffic regulation measures
(1) Subject to the provisions of this article, the undertaker may, for the purposes of the authorised project— (a) make provision, in respect of those lengths of road specified in column (2) of Part 1 (permanent speed limits) of Schedule 10 (traffic regulation measures), imposing the permanent speed limit specified in column (3) of that Part of that Schedule; (b) make provision, in respect of those lengths of road specified in column (2) of Part 2 (temporary prohibition of parking) of Schedule 10 (traffic regulation measures) prohibiting the parking of vehicles to the extent specified in column (3) of that Part of that Schedule; (c) make provision, in respect of those lengths of road specified in column (2) of Part 3 (temporary road closures) of Schedule 10 (traffic regulation measures) temporarily closing that road to the classes of road user specified in column (3) of that Part of that Schedule; (d) make provision, in respect of those lengths of road specified in column (2) of Part 4 (priority of vehicular traffic) of Schedule 10 (traffic regulation measures), as to the priority of vehicular traffic as specified in column (3) of that Part of that Schedule; and (e) revoke, amend or suspend in whole or in part any order made, or having effect as if made, under the 1984 Act in so far as it is inconsistent with any prohibition, restriction or other provision made by the undertaker under this paragraph. (2) No speed limit imposed by or under this Order applies to vehicles falling within regulation 3(4) (regulations in relation to orders and notices under the 1984 Act) of the Road Traffic Exemptions (Special Forces) (Variation and Amendment) Regulations 2011 when used in accordance with regulation 3(5) of those regulations. (3) Subject to the provisions of this article, and the consent of the traffic authority in whose area the road is situated, the undertaker may for the purposes of construction, operation, maintenance and decommissioning of the authorised project, temporarily place traffic signs and signals on any road and, subject to the consent of the traffic authority in whose area the road is situated, the placing of those traffic signs and signals is deemed to have been permitted by the traffic authority for the purposes of section 65 of the 1984 Act and the Traffic Signs Regulations and General Directions 2016. (4) Without limiting the scope of the specific powers conferred by paragraph (1) but subject to the provisions of this article and the consent of the traffic authority in whose area the road concerned is situated, the undertaker may, in so far as expedient or necessary for the purposes of, in connection with, or in consequence of the construction, maintenance, operation and decommissioning of the authorised project— (a) revoke, amend or suspend in whole or in part any order made, or having effect as if made, under the 1984 Act; (b) permit, prohibit or restrict the stopping, parking, waiting, loading or unloading of vehicles on any road; (c) authorise the use as a parking place of any road; (d) make provision as to the maximum speed, routes, direction or priority of vehicular traffic on any road; and (e) permit, prohibit or restrict vehicular access or use to or on any road, either at all times or at times, on days or during such periods as may be specified by the undertaker. (5) The undertaker must not exercise the powers in paragraphs (1), (3) and (4) unless it has— (a) given not less than— (i) 12 weeks’ notice in writing of the undertaker’s intention so to do in the case of a prohibition, restriction or other provision intended to have effect permanently; and (ii) 4 weeks’ notice in writing of the undertaker’s intention so to do in the case of a prohibition, restriction or other provision intended to have effect temporarily, to the chief officer of police and to the traffic authority in whose area the road is situated and that notice must include the time periods within which the traffic authority may specify the manner in which, under sub-paragraph (b), the undertaker must advertise its intention to exercise the powers conferred by paragraphs (1), (3) and (4); and (b) advertised its intention in such manner as the traffic authority may specify in writing within— (i) 28 days of its receipt of notice of the undertaker’s intention in the case of sub-paragraph (a)(i); or (ii) within seven days of its receipt of notice of the undertaker’s intention in the case of sub-paragraph (a)(ii). (6) Any prohibition, restriction or other provision made by the undertaker under paragraphs (1), (3) or (4)— (a) has effect as if duly made by, as the case may be— (i) the traffic authority in whose area the road is situated as a traffic regulation order under the 1984 Act; or (ii) the local authority in whose area the road is situated as an order under section 32 (power of local authorities to provide parking places) of the 1984 Act, and the instrument by which it is effected, to be in such form as the undertaker considers appropriate, may specify savings and exemptions to which the prohibition, restriction or other provision is subject; and (b) is deemed to be a traffic order for the purposes of Schedule 7 (road traffic contraventions subject to civil enforcement) to the Traffic Management Act 2004; and (c) must be advertised in the same manner as the undertaker’s intention to make the prohibition, restriction or other provision was under paragraph (5)(b). (7) Any prohibition, restriction or other provision made under this article may be suspended, varied or revoked by the undertaker from time to time by subsequent exercise of the powers conferred by paragraphs (1), (3) and (4). (8) Before exercising the powers conferred by paragraphs (1), (3) or (4) the undertaker must consult such persons as the undertaker considers necessary and appropriate and have regard to the representations made to the undertaker by any such person. (9) An order made under paragraph (4)(a) may be varied or revoked by an order made by the highway authority under the 1984 Act.
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