Road Traffic Citation and commencement 1 These Regulations may be cited as the Traffic Regulation Orders (Procedure) (Miscellaneous Amendments) (Scotland) Regulations 2021 and come into force on 26 November 2021. Amendment of the Secretary of State’s Traffic Orders (Procedure) (Scotland) Regulations 1987 2 1 The Secretary of State’s Traffic Orders (Procedure) (Scotland) Regulations 1987 are amended in accordance with this regulation. 2 In regulation 4(3), for “regulation 13” substitute “regulations 13 and 16”. 3 In regulation 5(3), for “regulations 13 and 14” substitute “regulations 13 to 16”. 4 In regulation 6(3), for “regulations 13 and 14” substitute “regulations 13 to 16”. 5 In regulation 12(4), for “regulation 13” substitute “regulations 13, 15 and 16”. 6 In regulation 14— a in the cross-heading, for “experimental traffic” substitute “reserve power”, b omit paragraph 1(a). 7 After regulation 14, insert— Special provisions for experimental orders 15 1 Regulations 5 and 6 do not apply to an order under section 9 of the Act. 2 No provision of an order under section 9 of the Act may come into force before the end of the period of 7 days beginning with the day on which a notice of making in relation to the order is published. Special provisions for orders giving permanent effect to experimental orders 16 1 In this regulation— “permanent order” means an order under any provision of the Act the sole effect of which is to reproduce and continue in force indefinitely the provisions of a relevant section 9 order, whether or not that relevant section 9 order has been varied by another order under section 9 of the Act, or has been modified or suspended under section 10(2) of the Act , “relevant section 9 order”, in relation to a permanent order, means an order the provisions of which are to be reproduced and continued in force indefinitely by that permanent order. 2 Regulations 4, 5 and 6 do not apply to a permanent order where— a the provisions to be reproduced and continued in force have been in continuous operation for a period of not less than 6 months, and b the requirements specified in paragraph (3) have been complied with in relation to each relevant section 9 order. 3 The requirements are that— a the notice of making in relation to each relevant section 9 order contained the statements specified in schedule 5, b the requirements of these Regulations applicable to each relevant section 9 order have been met, c no variation or modification of any relevant section 9 order was made more than 12 months after that order was made, and d where any relevant section 9 order has been modified in accordance with section 10(2) of the Act, a statement of the effect of each such modification has been included with the documents deposited in accordance with schedule 3. 4 In the application of regulations 7(2), 8 and 9 and Part III of schedule 1, to a permanent order, the notice of making in relation to each relevant section 9 order is to be treated as the notice of proposals in respect of the permanent order. 5 In the application of regulations 7(2), 8, 9 and 12(1)(b) and Part III of schedule 1 to a permanent order, any objection made in accordance with the statement included by virtue of paragraph (3)(a) in the notice of making in relation to any relevant section 9 order is to be treated as an objection made under regulation 6 to the making of the permanent order. . 8 In schedule 3— a in paragraph 1(d), omit “and if it be” to the end, b omit “and” following paragraph 1(d), c after paragraph 1(d), insert— da in the case of an experimental order under section 9 of the Act, a statement setting out the Scottish Ministers’ reasons for proceeding by way of experiment and whether they intend to consider continuing the effect of that order indefinitely by means of another order under the Act, , d after paragraph 1(e), insert— , and f where applicable, the documents specified in regulation 16(3)(d). , e omit “and” following paragraph 2(b), f in paragraph 2(c), after “making the order,” insert “unless it is an order under section 9 of the Act,”, g after paragraph 2(c) insert— , and d where the notice is a notice of making an order under section 9 of the Act, until the end of the period within which a person may object to the making of an order under the Act for the purpose of reproducing and continuing in force indefinitely the provisions of that section 9 order (see paragraph 2 of schedule 5). . 9 After schedule 4, insert— SCHEDULE 5 STATEMENTS FOR INCLUSION IN A NOTICE OF MAKING RELATING TO AN ORDER UNDER SECTION 9 Regulation 16(3)(a) 1 That the Scottish Ministers will be considering in due course whether the provisions of the order should be continued in force indefinitely. 2 That within a period of six months— a beginning with the day on which the order comes into force, or b if that order is varied by another order under section 9 of the Act or modified under section 10(2) of the Act, beginning with the day on which the variation or modification or the latest variation or modification comes into force, any person may object to the making of the order for the purpose of such indefinite continuation. 3 That any such objection must— a be in writing, b state the grounds on which it is made, and c be sent to an address specified for this purpose in the notice of making. . Amendment of the Local Authorities’ Traffic Orders (Procedure) (Scotland) Regulations 1999 3 1 The Local Authorities’ Traffic Orders (Procedure) (Scotland) Regulations 1999 are amended in accordance with this regulation. 2 In regulation 2(1), after the definition of “Crown road” insert— “experimental order” means an order made under section 9 of the Act, . 3 In regulation 4(3), after “regulations 19” insert “, 20B”. 4 In regulation 5(2), for “19, 20 and 21” substitute “19, 20A, 20B and 21”. 5 In regulation 7(4), for “19, 20 and 21” substitute “19, 20A, 20B and 21”. 6 In regulation 8— a in paragraph (1)(a)— i omit “or” following head (i), ii omit head (ii), b in paragraph (1)(b)— i omit head (ii), ii omit “or” following head (ii). 7 In regulation 17(2), for “regulation 19” substitute “regulations 19, 20A and 20B”. 8 After regulation 19, insert— Special provisions for experimental orders 20A 1 Regulations 5, 6 and 7 do not apply to an experimental order. 2 No provision of an experimental order may come into force before the end of the period of 7 days beginning with the day on which a notice of making in relation to the order is published. Special provisions for orders giving permanent effect to experimental orders 20B 1 In this regulation— “permanent order” means an order under any provision of the Act the sole effect of which is to reproduce and continue in force indefinitely the provisions of a relevant experimental order, whether or not that relevant experimental order has been varied by another experimental order, or has been modified or suspended under section 10(2) of the Act, “relevant experimental order”, in relation to a permanent order, means an experimental order the provisions of which are to be reproduced and continued in force indefinitely by that permanent order. 2 Regulations 4, 5, 6 and 7 do not apply to a permanent order where— a the provisions to be reproduced and continued in force have been in continuous operation for a period of not less than 6 months, and b the requirements specified in paragraph (3) have been complied with in relation to each relevant experimental order. 3 The requirements are that— a the notice of making in relation to each relevant experimental order contained the statements specified in schedule 7, b the requirements of these Regulations applicable to each relevant experimental order have been met, c no variation or modification of any relevant experimental order was made more than 12 months after that order was made, and d where any relevant experimental order has been modified in accordance with section 10(2) of the Act, a statement of the effect of each such modification has been included with the documents deposited in accordance with schedule 3. 4 In the application of regulations 9, 10 and 12 and Part II of schedule 1 to a permanent order the notice of making in relation to each relevant experimental order is to be treated as the notice of proposals in respect of the permanent order. 5 In the application of regulations 9, 10, 12 and 17(1)(b) and Part II of schedule 1 to a permanent order, any objection made in accordance with the statement included by virtue of paragraph (3)(a) in the notice of making in relation to any relevant experimental order is to be treated as an objection made under regulation 7 to the making of the permanent order. . 9 Omit regulation 20. 10 In schedule 3— a in paragraph 1(d), omit “and if it be” to the end, b omit “and” following paragraph 1(d), c after paragraph 1(d), insert— da in the case of an experimental order, a copy of a statement setting out the authority’s reasons for proceeding by way of experiment and whether they intend to consider continuing the effect of that order indefinitely by means of another order under the Act, , d after paragraph 1(e), insert— , and f where applicable, the documents specified in regulation 20B(3)(d). , e omit “and” following paragraph 2(b), f in paragraph 2(c), after “making the order,” insert “unless it is an experimental order,”, g after paragraph 2(c), insert— , and d where the notice is a notice of making an experimental order, until the end of the period within which a person may object to the making of an order under the Act for the purpose of reproducing and continuing in force indefinitely the provisions of that experimental order (see paragraph 2 of schedule 7). . 11 After schedule 6, insert— SCHEDULE 7 STATEMENTS FOR INCLUSION IN A NOTICE OF MAKING RELATING TO AN EXPERIMENTAL ORDER Regulation 20B(3)(a) 1 That the authority will be considering in due course whether the provisions of the order should be continued in force indefinitely. 2 That within a period of six months— a beginning with the day on which the order came into force, or b if that order is varied by another experimental order or modified under section 10(2) of the Act, beginning with the day on which the variation or modification or the latest variation or modification came into force, any person may object to the making of the order for the purpose of such indefinite continuation. 3 That any such objection must— a be in writing, b state the grounds on which it is made, and c be sent to an address specified for this purpose in the notice of making. . GRAEME DEY Authorised to sign by the Scottish Ministers St Andrew’s House, Edinburgh 29th September 2021