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Change 1
As published
138N Variation: supplementary
(1) The relevant references to the authority or authorities in relation to an enhanced partnership scheme—
(a) include a traffic regulation authority if it has been varied so that it specifies traffic regulation facilities or measures, but
(b) do not include a traffic regulation authority if it has been varied so that it no longer specifies such facilities or measures.
(2) But if (although the scheme does not specify facilities or measures which are traffic regulation facilities or measures in relation to a traffic regulation authority) it would do by reason of a proposed variation, those references to the authority or authorities in relation to an enhanced partnership scheme (apart from the relevant references in section 138J) include that authority.
(3) And if (although the scheme specifies facilities or measures which are traffic regulation facilities or measures in relation to a traffic regulation authority)—
(a) the traffic regulation order, or (where more than one) each of the traffic regulation orders, required to be made by that authority for the provision of those facilities or measures has been revoked, and
(b) the scheme is proposed to be varied (but not so that it specifies other facilities or measures which are traffic regulation facilities or measures in relation to that authority),
the relevant references to the authority or authorities in relation to an enhanced partnership scheme (apart from those in section 138J) do not include that authority.
(4) For the purposes of this section the relevant references are those in—
(a) section 138A(6) and (11),
(b) sections 138F to 138J,
(c) section 138K(1) and (3) to (5),
(d) sections 138L and 138M,
(e) section 138O, and
(f) paragraph 27(4) of Schedule 9 to the Road Traffic Regulation Act 1984.
(5) Subsections (1) and (2) are not to be taken as affecting the area indicated by references in the provisions mentioned in subsection (4) to the authority's or authorities' area or combined area.
(6) For the purposes of this section—
(a) facilities are traffic regulation facilities, in relation to a traffic regulation authority and an enhanced partnership scheme, if that authority was required to be a maker of the scheme because it originally specified those facilities or would have been required to be a maker of it had it done so, and
(b) measures are traffic regulation measures, in relation to a traffic regulation authority and an enhanced partnership scheme, if that authority was required to be a maker of the scheme because it originally specified those measures or would have been required to be a maker of it had it done so.
(7) In this section “traffic regulation authority” means—
(a) a local highway authority, or
(b) the Secretary of State.
Your change, as a redline
138N Variation: supplementary
(1) The relevant references to the authority or authorities in relation to an enhanced partnership scheme—
(a) include a traffic regulation authority if it has been varied so that it specifies traffic regulation facilities or measures, but
(b) do not include a traffic regulation authority if it has been varied so that it no longer specifies such facilities or measures.
(2) But if (although the scheme does not specify facilities or measures which are traffic regulation facilities or measures in relation to a traffic regulation authority) it would do by reason of a proposed variation, those references to the authority or authorities in relation to an enhanced partnership scheme (apart from the relevant references in section 138J) include that authority.
(3) And if (although the scheme specifies facilities or measures which are traffic regulation facilities or measures in relation to a traffic regulation authority)—
(a) the traffic regulation order, or (where more than one) each of the traffic regulation orders, required to be made by that authority for the provision of those facilities or measures has been revoked, and
(b) the scheme is proposed to be varied (but not so that it specifies other facilities or measures which are traffic regulation facilities or measures in relation to that authority),
the relevant references to the authority or authorities in relation to an enhanced partnership scheme (apart from those in section 138J) do not include that authority.
(4) For the purposes of this section the relevant references are those in—
(a) section 138A(6) and (11),
(b) sections 138F to 138J,
(c) section 138K(1) and (3) to (5),
(d) sections 138L and 138M,
(e) section 138O, and
(f) paragraph 27(4) of Schedule 9 to the Road Traffic Regulation Act 1984.
(5) Subsections (1) and (2) are not to be taken as affecting the area indicated by references in the provisions mentioned in subsection (4) to the authority's or authorities' area or combined area.
(6) For the purposes of this section—
(a) facilities are traffic regulation facilities, in relation to a traffic regulation authority and an enhanced partnership scheme, if that authority was required to be a maker of the scheme because it originally specified those facilities or would have been required to be a maker of it had it done so, and
(b) measures are traffic regulation measures, in relation to a traffic regulation authority and an enhanced partnership scheme, if that authority was required to be a maker of the scheme because it originally specified those measures or would have been required to be a maker of it had it done so.
(7) In this section “traffic regulation authority” means—
(a) a local highway authority, or
(b) the Secretary of State.
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