ROAD TRAFFIC PART I General Citation, commencement and revocation 1 1 These Regulations may be cited as the Secretary of State’s Traffic Orders (Procedure) (England and Wales) Regulations 1990 and shall come into force on 6th September 1990. 2 The Secretary of State’s Traffic Orders (Procedure) (England and Wales) Regulations 1986 , are hereby revoked. Interpretation 2 1 In these Regulations— “the 1984 Act ” means the Road Traffic Regulation Act 1984; “countryside road order” has the meaning given in regulation 3; “fire authority” in relation to any road or other place, means the authority discharging in the area in which the road or other place is situated the functions of fire authority under the Fire Services Act 1947 ; “relevant local authority” means— in relation to a reserve power order— where the order is made or proposed to be made by virtue of paragraph 3 of Schedule 9 to the 1984 Act, the Council of a London Borough, the Common Council of the City of London or other local authority to whom there has been given under paragraph 2 of the said Schedule 9 the direction, for the purpose of securing the object for which the order is made or proposed to be made, where the order is made or proposed to be made under paragraph 7 of Schedule 9 to the 1984 Act the Council of a London Borough, the Common Council of the City of London or other local authority whose order is or is proposed to be varied or revoked by the reserve power order, in relation to a trunk road order— where the order applies or will apply to a road in Greater London, the Council of a London Borough or the Common Council of the City of London, where the order applies or will apply to a road outside Greater London, the local authority who would have the power under the 1984 Act to make the order if the road were not a trunk road, in relation to a countryside road order, the local authority who have power under section 1 of the 1984 Act to make such an order as respects the road to which the countryside road order applies or will apply, and where under the foregoing provisions of this definition there would in relation to any particular order be more than one relevant local authority, that expression shall in the case of that order include all of those authorities; “reserve power order” and “trunk road order” have the meanings respectively given to those expressions in regulation 3; and “road” includes any length of road and any part of the width of a road and, in relation to an order under section 6 of the 1984 Act, any length of a street as defined in section 6(6) of that Act and any part of the width of such a street. 2 A reference in these Regulations to an order is a reference to an order or a proposed order as appropriate; and in the case of a proposed order any reference to the effect of the order (however expressed) is a reference to the effect that the proposed order would have were it to be made. 3 Any reference in these Regulations to an order under any particular section of the 1984 Act includes— a a reference to an order varying or revoking an order made, or having effect as if made, under that section, and b a reference to an order under that section made by virtue of paragraph 3 of Schedule 9 to that Act. 4 Any reference in these Regulations to a numbered regulation or Schedule is a reference to the regulation or Schedule bearing that number in the Regulations except where otherwise expressly provided. Application of Regulations 3 These Regulations apply to— a orders made or proposed to be made by the Secretary of State by virtue of paragraph 3 or under paragraph 7 of Schedule 9 to the 1984 Act (any such order being in these Regulations referred to as a “reserve power order”); b orders made or proposed to be made by the Secretary of State with respect to trunk roads under any of the following provisions of the 1984 Act, that is to say, sections 1, 6, 9 and 84 (any such order being in these Regulations referred to as a “trunk road order”); and c orders made or proposed to be made by the Secretary of State with respect to roads which are not trunk roads under section 22 of the 1984 Act, including orders under that section made by virtue of section 132 of that Act (any such order being in these Regulations referred to as a “countryside road order”). PART II Procedure before making an order Preliminary 4 This Part of these Regulations has effect subject to Part IV of these Regulations (which contains provisions relating to particular orders). Consultation 5 1 Before making any order to which these Regulations apply the Secretary of State shall consult with the chief officer of any police area in which any road or other place to which the order is to relate is situated. 2 The consultation referred to in paragraph (1) of this regulation is additional to any consultation required by the 1984 Act. Publication of proposals 6 1 Before making an order the Secretary of State shall— a publish once at least in a local newspaper circulating in the area in which any road or other place to which the order relates is situated a notice of proposals containing the particulars specified in Part I of Schedule 1; b publish a similar notice in the London Gazette; c send to the relevant local authority a copy of the notice and a copy of the order as drafted; d if it appears to the Secretary of State that it would be desirable in the interests of giving adequate publicity to the order, comply with the relevant requirements of Schedule 2 as to the notices to be displayed in each road to which the order relates; e comply with the relevant requirements of Schedule 3 as to the availability of documents for inspection. 2 Where the order is one which relates to a road, or to roads, situated in more than one locality, it shall be sufficient for the purposes of this regulation if the notice published in each local newspaper states the general nature and effect of the order so far as it affects the road or roads situated in the locality in which that newspaper circulates and names or otherwise describes only the road or roads so affected in that locality, but the notice in the London Gazette shall state the general nature and effect of the entire order and name or otherwise describe the whole road, or all the roads, to which the order relates. Objections 7 1 Any person desiring to object to an order shall send to the address specified in the notice of proposals published under regulation 6 a written statement of his objection and the grounds on which it is made. 2 The statement shall be sent to that address on or before— a the date specified in the notice of proposals published under regulation 6, or b the expiration of 21 days after the Secretary of State has complied with regulation 6(1)(a) and (b), whichever is the later. Notice of public inquiry 8 1 Where the Secretary of State decides, before publishing the notice of proposals under regulation 6, to hold a public inquiry, the notice of proposals shall contain, in addition to the particulars required by that regulation, the particulars specified in Part II of Schedule 1. 2 In all other cases where, in connection with an order, a public inquiry is to be held the Secretary of State shall, after complying with the requirements of regulation 6— a publish once at least in a local newspaper circulating in the area in which any road or other place to which the order relates is situated a notice of the inquiry containing the particulars specified in Part III of Schedule 1; b publish a similar notice in the London Gazette; c not later than the date of the first publication of the notice required by sub-paragraph (a) of this paragraph, inform in writing any person who has objected to the order in accordance with regulation 7 and who has not withdrawn the objection, of the date, time and place of the inquiry; d send to the relevant local authority a copy of the notice; e if it appears to the Secretary of State that it would be desirable in the interests of giving adequate publicity to the inquiry, comply with the relevant requirements of Schedule 2 as to the notices to be displayed in each road to which the order relates; f omply with the relevant requirements of Schedule 3 as to the availability of documents for inspection. 3 Paragraph (2) of regulation 6 shall apply in relation to the publication of a notice under paragraph (2) of this regulation as it applies in relation to the publication of a notice of proposals under regulation 6. 4 Where the notice of proposals published under regulation 6 announces the holding of a public inquiry, there shall be at least 42 days between the date that the Secretary of State complies with paragraph (1)(a) and (b) of that regulation and the date when the public inquiry is due to begin. 5 Where a notice of a public inquiry is published under sub-paragraphs (a) and (b) of paragraph (2), there shall be at least 42 days between whichever is the later of— a the last day on which an objection can be sent under regulation 7, or b the date when the Secretary of State complies with those sub-paragraphs, and the date that the inquiry is due to begin. Procedure at a public inquiry 9 1 Any person interested in the subject matter of a public inquiry may appear at the inquiry either in person or by counsel, solicitor or other representative. 2 Any person so interested may, whether or not he proposes to appear at the inquiry, send to the address given in the notice of proposals published under regulation 6(1) for the receipt of objections, such written representations as he may wish to make in relation to the subject matter of the inquiry with a view to their consideration by that person at the inquiry. 3 The person holding the inquiry may refuse to hear any person, or to consider any objection or representation made by any person, if he is satisfied that the views of that person or the objection or representation are frivolous or that such views have already been adequately stated by some other person at the inquiry. 4 Subject as aforesaid, the procedure at the inquiry shall be in the discretion of the person holding it. Consideration of objections 10 Before making the order the Secretary of State shall consider all objections duly made in accordance with regulation 7 and not withdrawn and also the report and recommendations (if any) of the person holding any public inquiry in connection with the order. Modifications 11 1 The Secretary of State may make the order with modifications (whether in consequence of any objections or otherwise). 2 Where the Secretary of State proposes to make an order with modifications which appear to him to make a substantial change in the order, he shall before making the order take such steps as appear to him to be appropriate for— a informing the persons likely to be affected by the modifications, and b giving to those persons an opportunity to make representations in connection with the modifications, and shall consider any such representations which are made to him. 3 In this regulation, “modifications” shall be construed as including additions, exceptions and other modifications of any description. PART III Making the order and subsequent procedure Preliminary 12 This Part of these Regulations has effect subject to Part IV (which contains provisions relating to particular orders). Commencement date of order 13 No date on which an order, or a provision of an order, comes into force shall be earlier than the date on which the Secretary of State intends the notice of the making of the order to be published in a local newspaper under regulation 14. Notice of the making of the order 14 1 When an order has been made, the Secretary of State shall— a forthwith give notice in writing of the making of the order to the relevant local authority and to— i the chief officer of police for the police area, ii the fire authority for the area, in which any road or other place to which the order relates is situated; b except in a case specified in paragraph (3), notify in writing each person who has duly objected to the order in accordance with regulation 7 and has not withdrawn his objection, of the Secretary of State’s decision in relation to the objection and, where the objection has not been, or not wholly been, acceded to, of the Secretary of State’s reasons for his decision; c within 14 days of the making of the order publish in a local newspaper circulating in the area in which any road or other place to which the order relates is situated a notice of the making of the order containing the particulars specified in Part IV of Schedule 1; d within the same period publish in the London Gazette a notice of the making of the order containing the particulars specified in Part V of Schedule 1; e comply with the relevant requirements of Schedule 3 as to the availability of documents for inspection. 2 Paragraph (2) of regulation 6 shall apply in relation to the publication of a notice under paragraph (1)(c) of this regulation as they apply in relation to the publication of a notice of proposals under regulation 6. 3 The case referred to in paragraph (1)(b) above is the case where the Secretary of State has, before making the order, notified in writing the person in question— a of his decision in relation to his objection, and b where the objection has not been, or not wholly been, acceded to, of the reasons for his decision. Traffic signs 15 1 Where an order relating to any road has been made, the Secretary of State shall take such steps as are necessary to secure— a before the order comes into force, the placing on or near the road of such traffic signs in such positions as the Secretary of State may consider requisite for the purposes of securing that adequate information as to the effect of the order is made available to persons using the road, b the maintenance of such signs for so long as the order remains in force, and c in a case where the order contains provisions for revoking, or altering the application of, a previous order, such removal or replacement of existing traffic signs as the Secretary of State may consider requisite for the purpose of avoiding confusion to users of the road or the continuance of traffic signs in incorrect positions. 2 This regulation is without prejudice to section 85 of the 1984 Act. PART IV Special procedural provisions for certain orders Special provisions for consolidation orders 16 1 Regulations 5, 6 and 7 shall not apply to a consolidation order, and regulation 14 shall have effect in relation to such an order with the following modifications, namely, that the particulars to be contained in the notice of the making of the order need consist only of— a the title of the order; b a statement of the titles of the orders the provisions of which are reproduced in the consolidation order; c in a case where a consolidation order re-enacts a provison with a variation described in paragraphs 4 to 8 of Schedule 4, a statement explaining the effect of the variation; d the commencement date or dates of the order; e the items numbered 7 and (so far as appropriate) 8 in Part IV of Schedule 1. 2 In this regulation “consolidation order” means an order which revokes provisions of one or more existing orders, reproduces those provisions without any changes in substance and makes no other provision, but so however that for the purpose of this definition the inclusion in the order of a provision having one or more of the effects described in Part I of Schedule 4 shall not be regarded as a change of substance. Minor orders 17 1 This regulation applies to an order having one or more of the effects described in— a Part I of Schedule 4 (minor variations not described in Parts II and III ), b Part II of that Schedule (parking, stopping, waiting and turning), c Part III of that Schedule (the riding of cycles and mopeds on footbridges and subways and driving in boxed areas), and no other effect. 2 Parts IV and V of Schedule 4 shall have effect for the purpose of interpreting Parts I, II and III of that Schedule. 3 Any regulation specified in column 1 of the Table below shall not apply to an order having one or more of the effects described in the Parts of Schedule 4 shown in column 2 against that regulation and no other effect. TABLE Regulation Parts of Schedule 4 5 Parts I, II and III 6 and 7 Parts I and III Special provisions for experimental traffic orders 18 Regulations 6 and 7 shall not apply to any order under section 9 of the 1984 Act, but every such order shall be framed so as to come into force on a date not less than 7 days after the date that the Secretary of State intends the order to be published in a local newspaper under regulation 14. Special provisions for orders giving permanent effect to experimental orders 19 1 In this regulation “permanent order” means an order under any provision of the 1984 Act other than section 9 the sole effect of which would be to reproduce and continue in force indefinitely an order under section 9 (whether or not that order has been varied, or has been modified or suspended under section 10(2) of that Act). 2 Regulations 5, 6 and 7 shall not apply to a permanent order where— a the provisions to be continued in force have been in continuous operation for a period of not less than 6 months, and b the requirements mentioned in paragraph (3) have been complied with in relation to the order under section 9 of the 1984 Act, or if more than one such order is involved, to each such order (an order under that section containing provisions to be so continued in force being in this regulation referred to as a “relevant section 9 order”). 3 Those requirements are that— a the notice of the making of the relevant section 9 order published under regulation 14(1)(c) and (d), or if more than one such order is involved, of each such order, has contained the following statements— i that the Secretary of State would be considering in due course whether the provisions of that order should be continued in force indefinitely; and ii that within a period of 6 months from the coming into force of that order, or if that order is subsequently varied by another order under that section or modified pursuant to subsection (2) of section 10 of the 1984 Act, from the coming into force of that variation or modification (whichever is latest), any person may object to the making of an order for the purposes of such indefinite continuation; and iii that any such objection must be in writing, must give the grounds on which it is made and must be made to an address specified in the statement; b the documents which the Secretary of State is required by regulation 14(1)(e) to make available for inspection in connection with the making of the relevant section 9 order, or of each such order, if more than one, have been accompanied by a statement setting out his reasons for making that section 9 order; c those documents and that statement have continued to be available for inspection in accordance with Schedule 3 during the whole of the period within which objections can be made in accordance with sub-paragraph (a)(ii) above; and d in a case where a relevant section 9 order has been modified pursuant to subsection (2) of the said section 10, a document stating the effect of each such modification has been made available for inspection along with the documents and statement referred to in sub-paragraph (c) above and for the period mentioned in that sub-paragraph. 4 In the application of regulations 8(2), 9, 10 and 14 and of Part III of Schedule 1 to a permanent order to which regulations 5, 6 and 7 do not apply by virtue of paragraph (2) above— a the notice of the making of the relevant section 9 order published under regulation 14(1)(c) shall be treated as the notice of proposals published under regulation 6(1)(a) in respect of the permanent order; b the notice of the making of the relevant section 9 order published under regulation 14(1)(d) shall be treated as the notice of proposals published under regulation 6(1)(b) in respect of the permanent order; and c any objection made in accordance with the statement contained in a notice of the making of the relevant section 9 order referred to in paragraph (a) or (b) above shall be treated as an objection duly made under regulation 7 above to the permanent order. Reserve power orders 20 1 This regulation applies to the following orders, that is to say— a a reserve power order under paragraph 7 of Schedule 9 to the 1984 Act which provides only for one or more of the following matters— i the revocation of an order made, or having effect as if made, under section 9(1) of that Act; ii the variation of an order made, or having effect as if made, under the said section 9(1) so as to reduce the extent of its application or the stringency of any prohibition or restriction imposed by it; b a reserve power order under section 9(4) of the 1984 Act by virtue of paragraph 3 of Schedule 9 to that Act. 2 Regulations 5 and 6 shall not apply to any order to which this regulation applies, but the Secretary of State shall, not less than 14 days before making the order, send to the relevant local authority a notice of his proposal to make the order, a copy of the order as drafted and a statement of his reasons for proposing to make the order. Making of orders in part 21 1 Subject to the provisions of this regulation, where the Secretary of State has, in relation to an order (“the order as originally proposed”)— a complied with the requirements of regulations 5 and 6, b decided to make an order by virtue of this paragraph giving effect to some of the provisions of the order as originally proposed, and c decided to defer making a decision on whether to make an order under this regulation giving effect to the remaining provisions of the original order, he may make an order giving effect to the provisions referred to in sub-paragraph (b). 2 Subject to the provisions of this regulation, where the Secretary of State has— a made one or more orders by virtue of paragraph (1), or of that paragraph and this paragraph, giving effect to some of the provisions of the order as originally proposed, b decided to make an order by virtue of this paragraph giving effect to some other provisions of the order as originally proposed, and c decided to defer making a decision as to whether to give effect to the remaining provisions of the order as originally proposed, he may make an order giving effect to the provisions referred to in sub-paragraph (b) and, so far as may appear to him to be necessary or expedient for the purposes of those provisions, giving further effect to the provisions referred to in sub-paragraph (a). 3 Subject to the provisions of this regulation, where the Secretary of State has made one or more orders by virtue of this regulation giving effect to some provisions of the order as originally proposed, he may make an order giving effect to the remaining provisions and, so far as may appear to him to be necessary or expedient for the purposes of those provisions, giving further effect to the provisions to which effect has been given by the previous order or orders. 4 Subject to paragraph (6), Parts II and III of these Regulations shall apply to an order made or proposed to be made by virtue of this regulation as if the procedural steps previously taken under these Regulations, and any notices published or instruments prepared under them, in connection with the order as originally proposed had related only to the provisions of the order made or proposed to be made by virtue of this regulation (whether or not any previous order has been made by virtue of this regulation). 5 No order may be made by virtue of paragraphs (2) or (3) after the expiration of 12 months from the date of an order made by virtue of paragraph (1) relating to the same original order unless the order made by virtue of paragraphs (2) or (3) is made in consequence of a public inquiry which begins before the expiration of that period. 6 The notices given and published under regulation 14 of the making of any order made by virtue of this regulation shall— a state that the order in question has been made by virtue of this regulation, b indicate briefly the provisions (if any) of the order as originally proposed in relation to which the decision of the Secretary of State has been deferred, and c where the order is made by virtue of paragraph (2) or (3), give particulars of the title and date of every previous order made by virtue of this regulation in relation to the same order as originally proposed. 7 Regulation 11(2) shall apply to an order made by virtue of paragraph (1) or (2) of this regulation and for this purpose such an order shall be regarded as an order with modifications. Revocation or revocation and re-enactment where due to exceptional circumstances notices of the making of orders are not published 22 1 For the purposes of this regulation— a “replacement order” means an order which revokes and re-enacts another order, but has no other effect, b “revocation order” means an order which revokes another order, but has no other effect, c “previous order”, in relation to a revocation order or replacement order, means the order revoked by the revocation order or replacement order (as the case may be). 2 Regulations 5, 6, 7 and (save as provided in paragraph (4)) 13 shall not apply to a revocation order or replacement order if— a at the date that the revocation order or replacement order is made, no provision in the previous order has come into force; b in relation to the previous order, the Secretary of State, at that date— i has failed to comply with the requirements set out in sub-paragraphs (c) or (d) of regulation 14(1), or ii is satisfied that he would not be able to comply with the requirements set out in either of those sub-paragraphs, within the time limits specified therein and the revocation order or replacement order (as the case may be) states that he has so failed or is so satisifed; c the Secretary of State at that date is satisfied that such failure or inability to comply was or is due to exceptional circumstances and the revocation order or replacement order (as the case may be) states that he is so satisfied; d the Secretary of State made the previous order; e in the case of a revocation order, the order comes into force on the date it is made; f n the case of a replacement order— i in so far as the order revokes the previous order it comes into force on the date that it is made, ii apart from the different commencement dates and the revocation of the previous order, the previous order and the replacement order have the same effect, and iii the Secretary of State had, in relation to the previous order, complied with— i all the requirements of these Regulations other than regulations 14 and 15, and ii all the requirements of the 1984 Act, with respect to the making of such an order. 3 Where by virtue of this regulation the Secretary of State makes a revocation order which comes into force on the date it is made he shall, if it is practicable, comply with the requirements set out in paragraphs (c) and (d) of regulation 14(1) within the time limits specified therein, but if such compliance is not practicable and he complies with each of the requirements as soon as practicable thereafter he shall be deemed to have complied with those paragraphs. 4 Where by virtue of this regulation a replacement order comes into force on the day it is made in so far as it revokes a previous order, regulation 13 shall nevertheless apply to the replacement order in so far as it has any other effect. Re-enactment of orders which in exceptional circumstances have been revoked before publication 23 1 In this regulation, “revocation order” and “previous order” have the same meaning as in regulation 22. 2 Regulations 5, 6 and 7 shall not apply to an order which re-enacts a previous order that has been revoked pursuant to regulation 22 by a revocation order if— a the revocation order came into force on the date it was made; b the order which re-enacts the previous order is made within 6 months after the date that the previous order was made; c apart from the different commencement dates, the previous order and the order which re-enacts it have the same effect; d the Secretary of State made the previous order; and e the Secretary of State had, in relation to the previous order, complied with— i all the requirements of these Regulations other than regulations 14 and 15, and ii all the requirements of the 1984 Act, with respect to the making of such an order. PART V Transitional provisions 24 1 In this Part of the Regulations, “the old Regulations ” means the Regulations referred to in regulation 1(2) (“revocations”). 2 Where a notice of a proposal to make an order has, pursuant to the requirements of the old Regulations been published in the London Gazette before the coming into force of these Regulations, the old Regulations shall continue to apply to the order as if these Regulations had not been made and these Regulations shall not apply to the order. 3 Nothing in these Regulations shall be taken as prejudicing the operation of sections 16 and 17 of the Interpretation Act 1978 (which relate to the effect of repeals). Cecil Parkinson Secretary of State for Transport 6th August 1990 David Hunt Secretary of State for Wales 1st August 1990