The Local Authorities' Traffic Orders (Procedure) (England and Wales) Regulations 1989

• Citation: S.I. 1989/1120
• Sections: 107

Section 1 Citation, Commencement and Revocations

(1) These Regulations may be cited as the Local Authorities' Traffic Orders (Procedure) (England and Wales) Regulations 1989 and shall come into force on 28th July 1989.

(2) The Greater London Street Playground (Procedures) Regulations 1972 , the Local Authorities' Traffic Orders (Procedure) (England and Wales) Regulations 1986 , the Control of Parking in Goods Vehicle Loading Areas Orders (Procedure) (England and Wales) Regulations 1986 and the London Authorities' Traffic Orders (Procedure) Regulations 1986 are hereby revoked.

(3) Paragraph (2) has effect subject to Part VI of these Regulations (transitional provisions).

Section 2 Interpretation

(1) In these Regulations, unless the context otherwise requires–

“the 1984 Act” means the Road Traffic Regulation Act 1984;

“the 1985 Act ” means the Local Government Act 1985;

“Crown road” and “appropriate Crown authority” have the meanings given by section 131(7) of the 1984 Act;

“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 ;

“local authority” means–

the council of a county, district or a London borough;

the Common Council of the City of London;

the Council of the Isles of Scilly;

a parish or community council;

“local service” has the meaning given by section 2 of the Transport Act 1985 ;

“London authority” means the council of a London borough or the Common Council of the City of London;

“metropolitan authority” means the council of a metropolitan district;

“order making authority”, in relation to any order, means the authority that has made it or is proposing to make it;

“public service vehicle” has the meaning given by section 1 of the Public Passenger Vehicles Act 1981 ;

“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 sub-section (6) of that section 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) in relation to the variation or revocation of an order, or to the application of the provisions of an order, a reference to an order having effect as if made under that section.

(4) Without prejudice to paragraph (3) of this regulation, any reference in these Regulations to the variation or revocation of an order under section 46 or 49 of the 1984 Act, or to the application of the provisions of an order under either of those sections, shall include a reference to the variation or revocation, or (as the case may be) to the application of the provisions, of an order which has been continued in operation by virtue of paragraph 11(1) of Schedule 10 to the 1984 Act.

(5) 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.

Section 3 Application of Regulations

(1) These Regulations apply to orders made or proposed to be made by a local authority under or by virtue of any of the following provisions of the 1984 Act, that is to say, sections 1, 6, 9, 19, 29, 30, 32, 35, 37, 38, 45, 46, 49(2) and (4), 61, 83(2) and 84.

(2) Except where otherwise stated, these Regulations apply to an order under any of the above-mentioned provisions of the 1984 Act made or proposed to be made by a local authority in pursuance of a direction of the Secretary of State under Part I of Schedule 9 to the 1984 Act in the same way as they apply to an order or proposed order in relation to which no such direction has been given.

Section 4 Preliminary

This Part of these Regulations has effect subject to Parts IV and V of these Regulations (which contain provisions relating to particular orders and orders made in particular circumstances) and Part VI of these Regulations (which contains transitional provisions).

Section 5 Consultation

(1) Before making an order an order making authority shall–

(a) where they are not the highway authority for any road to which the order relates, consult with the highway authority for that road,

(b) where the order relates to a Crown road, consult with the appropriate Crown authority for that road,

(c) where–

(i) they are a highway authority, and

(ii) the order would be likely to have direct effect on traffic or any class of traffic on any road for the maintenance of which another highway authority is responsible,

consult that other highway authority;

(d) in all cases, consult with organisations representing persons who use any road to which the order relates or are likely to be otherwise affected by any provisions of the order, unless it appears to the order making authority that there is no such organisation which can appropriately be consulted.

(2) The consultations referred to in paragraph (1) of this regulation are additional to the consultation with the chief officer of police required by paragraph 20 of Schedule 9 to the 1984 Act, any other consultation required by that Act, and the consultation required of London and metropolitan authorities by paragraph 6(3)(c) of Schedule 5 to the 1985 Act.

Section 6 Publication of proposals

(1) Before making an order, the order making authority 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) if it appears to the authority that it would be desirable in the interests of giving adequate publicity to the order, comply with the relevant requirements of Part II of Schedule 2 as to the notices to be displayed in each road or other place to which the order relates;

(d) comply with the relevant requirements of Schedule 3 as to the availability of documents for inspection.

(2) At the same time as they comply with the requirements of paragraph (1) of this regulation, the authority shall send copies of the particulars mentioned in sub-paragraph (a) of that paragraph to each person whom they are required to consult under paragraph 6(3)(c) of Schedule 5 to the 1985 Act or regulation 5(1)(c).

Section 7 Objections

(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 order making authority have complied with regulation 6(1)(a), (1)(b) and (2),

whichever is the later.

(3) Where an order making authority is a London or metropolitan authority, any objection under this regulation by any other such authority shall state whether or not it is alleged that the order would have any direct effect on traffic or any class of traffic on any road other than a trunk road in the area of that authority.

Section 8 Public inquiries

(1) Before making an order the order making authority may hold a public inquiry in connection with that order.

(2) Where–

(a) an order contains a provision to which this paragraph applies,

(b) an objection has been made to that provision by any person in accordance with regulation 7 or 29, and

(c) the objection has not been withdrawn,

the order making authority shall, unless they are satisfied that the objection is frivolous, hold a public inquiry.

(3) Where–

(a) an order contains a provision to which this paragraph applies,

(b) an objection has been made by a person who provides a relevant service on any road to which the order relates, and

(c) the objection has not been withdrawn,

the order making authority shall hold a public inquiry.

(4) The order making authority shall appoint as the person to hold the public inquiry a person selected by them from a panel of persons chosen by the Secretary of State for the purpose of holding public inquiries under these Regulations.

(5) Paragraph (2) applies to any provision contained in an order–

(a) under section 1, 6, 32 or 37; or

(b) under section 45 by virtue of section 53(1)(a),

of the 1984 Act which prohibits, or has the effect of prohibiting, the loading or unloading of vehicles in any road either at all times or for any period of time unless such period falls wholly between 07.00 hours and 10.00 hours or between 16.00 hours and 19.00 hours in any day.

(6) Paragraph (3) applies to–

(a) any provision contained in an order–

(i) under section 1, 6 or 37, or

(ii) under section 45 by virtue of section 53(1)(a),

of the 1984 Act requiring vehicular traffic generally, or vehicular traffic of any class, to proceed on a road in a specified direction, or for prohibiting such traffic from so proceeding; and

(b) any provision contained in an order under section 19 of the 1984 Act prohibiting the use of any highway either at all times or for a limited period or periods in the year by public service vehicles or such vehicles of a specified class.

(7) For the purpose of paragraph (3)(b) of this regulation “a relevant service” means–

(a) a service which is a local service; or

(b) any other service for the carriage of passengers for hire or reward at separate fares.

Section 9 Notice of public inquiry

(1) Where the order making authority decide, 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 (whether as a result of the authority’s decision or the requirements of regulation 8) the authority 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 regulations 7 or 29 and who has not withdrawn the objection, of the date, time and place of the inquiry.

(d) if it appears to the authority that it would be desirable in the interests of giving adequate publicity to the inquiry, comply with the relevant requirements of Part II of Schedule 2 as to the notices to be displayed in each road, or other place to which the order relates.

(e) comply with the relevant requirements of Schedule 3 as to the availability of documents for inspection.

(3) 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 order making authority complied with paragraph (1)(a) and (b) of that regulation and the date when the public inquiry is due to begin.

(4) Where a notice of a public inquiry is published under sub-paragraphs (a) and (b) of paragraph 2, there shall be at least 21 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 order making authority comply with those sub-paragraphs,

and the date that the inquiry is due to begin.

Section 10 Procedure at public inquiry

(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 person appointed to hold the inquiry, at 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.

Section 11 Consent of the Secretary of State

Where an order is one which under Part II of Schedule 9 to the 1984 Act requires the consent of the Secretary of State, the order making authority’s application to the Secretary of State for such consent shall be accompanied by copies of such of the documents specified in Schedule 4 as may be applicable.

Section 12 Consideration of objections

Before making an order the order making authority shall consider all objections duly made in accordance with regulation 7 or 29 and not withdrawn and also the report and recommendations (if any) of the person holding any public inquiry in connection with the order.

Section 13 Modifications

(1) The order making authority shall not make an order with modifications where–

(a) any of the modifications would involve a departure from the order in the form to which the Secretary of State or appropriate Crown authority have given their consent,

(b) in a case where under paragraph 2 of Schedule 9 to the 1984 Act the Secretary of State has directed the authority to make the order, any of the modifications would involve a departure from the form in which the Secretary of State has directed the order to be made, or

(c) in a case where the Secretary of State has made a determination under paragraph 7 of Schedule 5 to the 1985 Act, any of the modifications would be inconsistent with such determination,

but subject as aforesaid the order making authority may make the order with modifications (whether in consequence of any objections or otherwise).

(2) Where the order making authority propose to make, or the Secretary of State proposes to consent to, an order with modifications which appear to that authority or, as the case may be, to the Secretary of State to make a substantial change in the order, the order making authority shall before making the order, take such steps as appear to them to be appropriate or, in a case involving the Secretary of State’s consent, as the Secretary of State may require, for informing the persons likely to be affected by the modifications, for giving to those persons an opportunity to make representations in connection with the modifications and for ensuring that any such representations are duly considered by that authority and, where the Secretary of State so requests, by the Secretary of State.

(3) In this regulation, “modifications” has, in the case of an order made by a London authority, the meaning given by paragraph 23(2) of Schedule 9 to the 1984 Act; and in any other case the same meaning as in paragraph 22 of that Schedule.

Section 14 Preliminary

This Part of these Regulations has effect subject to Parts IV and V (which contain provisions relating to particular orders and orders made in particular circumstances) and Part VI of these Regulations (which contains transitional provisions).

Section 15 Commencement date of order

No date on which an order, or a provision of an order, comes into force shall be earlier than the date on which the authority intend the notice of the making of the order to be published in a local newspaper under regulation 16.

Section 16 Notice of the making of the order

(1) When an order has been made, the order making authority shall–

(a) forthwith give notice in writing of the making of the order to the chief officer of police of any police area in which any road or other place to which the order relates is situated;

(b) where the order making authority is not the fire authority, forthwith give notice in writing of the making of the order to the fire authority for the area in which any road or other place to which the order relates is situated;

(c) except in the case specified in paragraph (2) notify in writing each person who has duly objected to the order in accordance with regulation 7 or 29 and has not withdrawn his objection, of the order making authority’s decision in relation to the objection and, where the objection has not been, or not wholly been, acceded to, of the authority’s reasons for their decision;

(d) 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;

(e) 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;

(f) comply with the relevant requirements of Schedule 3 as to the availability of documents for inspection.

(2) The case referred to in paragraph (1)(c) above is the case where the order making authority have, before making the order, notified in writing the person in question of–

(a) their decision in relation to his objection, and

(b) where the objection has not been, or not wholly been, acceded to, of the reasons for their decision.

Section 17 Traffic signs

(1) Where an order relating to any road has been made, the order making authority 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 order making authority 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 order making authority may consider requisite for the purpose of avoiding confusion to the users of the road or the continuance of traffic signs in incorrect positions,

but where the road is a Crown road the authority shall act in accordance with sub-paragraphs (a) and (c) only after consultation with the appropriate Crown authority.

(2) This regulation is without prejudice to section 85 of the 1984 Act.

Section 18 Preliminary

This Part of these Regulations has effect subject to Part V of these Regulations (which contains provisions relating to orders made in particular circumstances) and to Part VI of these Regulations (which contains transitional provisions).

Section 19 Special provisions for consolidation orders

(1) Regulations 5, 6, 7 and 8 shall not apply to a consolidation order, and regulation 16 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 name of the order making authority;

(b) the title of the order;

(c) a statement of the titles of the orders the provisions of which are reproduced in the consolidation order;

(d) in a case where a consolidation order re-enacts a provision with a variation described in paragraphs 4 to 8 of Schedule 5, a statement explaining the effect of the variation;

(e) the commencement date or dates of the order;

(f) the items numbered 8 and (so far as appropriate) 9 and 10 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 change 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 5 shall not be regarded as a change of substance.

Section 20 Minor orders

(1) Subject to paragraph (4) this regulation applies to an order having one or more of the effects described in–

(a) Part I of Schedule 5 (minor variations not described in Parts II and III ),

(b) Part II of that Schedule (parking, waiting, stopping 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 5 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 Part or Parts of Schedule 5 shown in column 2 against that regulation and no other effect.

(4) This regulation shall not apply to an order which by reason of the inclusion therein of any provision such as is mentioned in paragraph 13(1)(e) or (f) of Schedule 9 to the 1984 Act requires the consent of the Secretary of State before it can be made.

Section 21 Special provisions for experimental traffic orders

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 order making authority intend the order to be published in a local newspaper under regulation 16.

Section 22 Special provisions for orders giving permanent effect to experimental orders

(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 the said section 9 containing provisions to be continued in force as aforesaid 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 16(1)(d) and (e), or if more than one such order is involved, of each such order, has contained the following statements–

(i) that the order making authority 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 operation 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 of the order making authority specified in the statement;

(b) the documents which the order making authority are required by regulation 16(1)(f) 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 the authority’s 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, 9(2), 10, 12 and 16, Part III of Schedule 1 and Schedule 4 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 16(1)(d) 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 16(1)(e) 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.

Section 23 Orders under section 30 of the 1984 Act (playgrounds in London)

Regulation 8 shall not apply to an order under section 30 of the 1984 Act (prohibition of traffic on roads to be used as playgrounds in Greater London).

Section 24 Special provisions for loading area orders

(1) Regulations 5, 6(1)(b), 6(2), 7(3), 9(2)(b) and 16(1)(d) shall not apply to an order under section 61 of the 1984 Act.

(2) Regulations 6, 7, and 8 shall not apply to any obligatory revocation order.

(3) Before making an order under section 61 of the 1984 Act relating to an area not situated in Greater London or a metropolitan county the order making authority shall consult with the council of the district in whose area the loading area is situated.

(4) Nothing in regulation 13 shall authorise the order making authority to make an order under section 61 of the 1984 Act with modifications unless the owner and occupier of the loading area have consented to the modifications.

(5) When an order under section 61 of the 1984 Act has been made, the order making authority shall serve on the owner and occupier of the loading area a copy of the order and of the notice of the making of the order published under regulation 16(1)(d).

(6) Regulation 17 shall have effect in relation to an order under section 61 of the 1984 Act as if for the word “road” wherever it appears there were substituted the words “loading area” and the reference to traffic signs in relation to any land which is not a road, included a reference to any object, device, line or mark which would be a traffic sign (as defined in section 64 of the 1984 Act) if the land were a road.

(7) In this regulation–

“loading area”, in relation to an order under section 61 of the 1984 Act, means the area in relation to which the order has effect.

“obligatory revocation order” means an order which the order making authority are required to make by section 61(2)(c) of the 1984 Act.

“owner” has the meaning given by section 61(8) of the 1984 Act.

Section 25 Making of orders in part

(1) Subject to the provisions of this regulation, where an order making authority have, in relation to an order (“the order as originally proposed”)–

(a) complied with the requirements of regulation 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,

they may make an order giving effect to the provisions referred to in sub-paragraph (b).

(2) Subject to the provisions of this regulation, where an order making authority have–

(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,

they may make an order giving effect to the provisions referred to in sub-paragraph (b) and, so far as may appear to them 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 an order making authority have made one or more orders by virtue of this regulation giving effect to some provisions of the order as originally proposed, they may make an order giving effect to the remaining provisions and, so far as may appear to them 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 16 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 order making authority 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 13(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.

Section 26 Revocation or revocation and re-enactment where due to exceptional circumstances notices of the making of orders are not published

(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)) 15 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 order making authority, at that date–

(i) have failed to comply with the requirements set out in sub-paragraphs (d) or (e) of regulation 16(1), or

(ii) are satisfied that they 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 they have so failed or are so satisfied;

(c) the order making authority at that date are 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 they are so satisfied;

(d) the authority making the revocation order or replacement order are the authority that made the previous order;

(e) in the case of a revocation order, the order comes into force on the date it is made;

(f) in the case of a replacement order–

(i) in so far as the order revokes the previous order it comes into force on the day 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 authority had, in relation to the previous order, complied with–

(i) all the requirements of these Regulations other than regulations 16 and 17, 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 an order making authority make a revocation order which comes into force on the date it is made they shall if it is practicable, comply with the requirements set out in paragraphs (d) and (e) of regulation 16(1) within the time limits specified therein, but if such compliance is not practicable and they comply with each of the requirements as soon as practicable thereafter they 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 15 shall nevertheless apply to the replacement order in so far as it has any other effect.

Section 27 Re-enactment of orders which in exceptional circumstances have been revoked before publication

(1) In this regulation, “revocation order” and “previous order” have the same meaning as in regulation 25.

(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 26 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 authority making the order that re-enacts the previous order are the authority that made the previous order; and

(e) the authority had, in relation to the previous order, complied with–

(i) all the requirements of these Regulations other than regulations 16 and 17, and

(ii) all the requirements of the 1984 Act,

with respect to the making of such an order.

Section 28 Preliminary

This Part of these Regulations has effect subject to Part VI of these Regulations which contains transitional provisions.

Section 29 Procedures and objections

(1) This regulation has effect where the order making authority are a London or metropolitan authority and another such authority (“the other authority”) are required to be consulted by virtue of paragraph 6(3)(c) of Part II of Schedule 5 to the 1985 Act in connection with an order.

(2) Where by virtue of Part IV of these Regulations, regulation 6 does not apply, the order making authority shall nevertheless, before making the order, send to the other authority a notice containing the particulars specified in Part I of Schedule 1.

(3) Without prejudice to any right which the other authority might have to object under regulation 7, that authority may object to the order at any time during the period beginning on the date that the order making authority comply with regulation 6(2) or paragraph (2) (as the case may be) and ending 21 days later.

(4) Any objection under paragraph (3) shall–

(a) be in writing and be sent to the address specified in the particulars sent under regulation 6(2) or paragraph (2) (as the case may be), and

(b) state whether or not it is alleged that the order would have any direct effect on traffic or any class of traffic on any road other than a trunk road in the area of that authority.

Section 30

(1) In this Part of the Regulations, “old enactment” means an enactment referred to in regulation 1(2) (revocations).

(2) Where a notice of a proposal to make an order has been published in the London Gazette before the coming into force of these Regulations pursuant to the requirements of an old enactment, the old enactment shall continue to apply to the order and nothing in these Regulations affects that enactment.

(3) Nothing in these Regulations shall be taken as prejudicing the operation of sections 16 and 17 of the Interpretation Act 1978( ) (which relates to the effect of repeals).

Section 1

The name of the order making authority.

Section 1

A statement that a public inquiry will be held in connection with the order.

Section 1

The name of the order making authority.

Section 1

The name of the order making authority.

Section 1

The name of the order making authority.

Section 2

The title of the order.

Section 2

The date, time and place of the inquiry.

Section 2

The title of the order.

Section 2

The title of the order, and the date on which it was made.

Section 2

The title of the order.

Section 3

A brief statement of the general nature and effect of the order.

Section 3

The name of the person appointed to hold the inquiry.

Section 3

A statement which refers to the published notice of proposals for the order and which indicates that a public inquiry will be held in connection with the order.

Section 3

A statement of the general nature and effect of the order and of the date or dates of its coming into force.

Section 3

The date of the making of the order and its commencement date or dates.

Section 4

Where the order relates to any road, the name or other brief description of the road and, in a case where the order is an order under section 83(2) or 84(1) of the 1984 Act a statement of the approximate length of that road to which the order will apply.

Section 4

A brief statement of the general nature and effect of the order and of the name or other brief description of any road or other place to which the order will apply.

Section 4

In the case of an order to which regulation 20 applies, a statement of any provisions which have been the subject of a variation described in paragraphs 4 to 8 of Schedule 5.

Section 4

Except in the case of an order to which regulation 6 does not apply by virtue of regulation 20, 21 or 22 the issue number and date of issue of the London Gazette containing the relevant notice of proposals previously published pursuant to regulation 6(1)(b), the reference number of that notice therein, and a statement that the effect of the order is as described in that notice, save for such modifications (if any) as described in the statement.

Section 5

Where the order relates to an off-street parking place or a loading area, a brief description of that place or area and of its location.