The Merseytram (Liverpool City Centre to Kirkby) Order 2005

Traffic regulation

47.—(1) Subject to the provisions of this article Merseytravel may, for the purposes of the authorised tram system, at any time prior to the expiry of 12 months from the opening of the system for use and with the consent of the traffic authority in whose area the road concerned is situated—

(a) permit, prohibit or restrict the stopping, waiting, loading or unloading of vehicles in the manner specified in Part 1 of Schedule 10 to this Order on those roads specified in column (2) and along the lengths and between the points specified in column (3) of that Part of that Schedule;

(b) authorise the use as a parking place in the manner specified in Part 2 of Schedule 10 to this Order of those roads specified in column (2) and along the lengths, between the points and to the extent specified in column (3) of that Part of that Schedule;

(c) make provision as to the direction of vehicular traffic in the manner specified in Part 3 of Schedule 10 to this Order on the roads specified in column (2) and along the lengths, between the points and as respects direction to the extent specified in column (3) of that Part of that Schedule;

(d) permit or prohibit vehicular access in the manner specified in Part 4 of Schedule 10 to this Order to those roads specified in column (2) and along the lengths, between the points and as respects direction to the extent specified in column (3) of that Part of that Schedule; and

(e) revoke or amend in whole or in part any prohibition, restriction or other provision specified in Part 5 of Schedule 10 to this Order to the extent specified in that Part of that Schedule.

(2) Without prejudice to the specific powers conferred by paragraph (1) but subject to the provisions of this article Merseytravel may, in so far as may be necessary or expedient for the purposes of, in connection with, or in consequence of the construction, maintenance or operation of the authorised tram system, at any time prior to the expiry of 12 months from the opening of that system for use and with the consent of the traffic authority in whose area the road is situated or, in relation to parking places, with the consent of the local authority—

(a) revoke or amend 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, 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 direction of vehicular traffic on any road; and

(e) permit or prohibit vehicular access to any road.

(3) Merseytravel shall not exercise the powers of paragraphs (1) and (2) unless it has—

(a) given not less than—

(i) 12 weeks' notice in writing of its intention so to do in the case of a permanent prohibition, restriction or other provision; or

(ii) 4 weeks' notice in writing of its intention so to do in the case of a temporary prohibition, restriction or other provision;

to the chief officer of police and to the traffic authority in whose area the road is situated; and

(b) advertised its intention in such manner as the traffic authority may reasonably specify in writing within—

(i) 28 days of its receipt of notice of Merseytravel’s intention in the case of paragraph (i) of sub-paragraph (a); or

(ii) 7 days in the case of paragraph (ii) of sub-paragraph (a).

(4) Any prohibition, restriction or other provision made by Merseytravel under paragraph (1) or (2) shall have effect as if duly made by, as the case may be—

(a) the traffic authority in whose area the road is situated as a traffic regulation order under the 1984 Act; or

(b) the local authority in whose area the road is situated as an order under section 32 of the 1984 Act;

and the instrument by which it is effected may specify savings and exemptions (in addition to those mentioned in Schedule 10 to this Order) to which the prohibition, restriction or other provision is subject.

(5) Any prohibition, restriction or other provision made under this article may be varied or revoked by Merseytravel from time to time by subsequent exercise of the powers of paragraph (2) within a period of 24 months from the opening of the authorised tram system for use.

(6) Any prohibition, restriction or other provision made by Merseytravel under paragraph (1) or (2) may also be varied or revoked from time to time by, as the case may be—

(a) the traffic authority in whose area the road is situated by an order under the 1984 Act; or

(b) the local authority in whose area the road is situated by an order under section 32 of the 1984 Act;

provided that no such order may be made so as to vary or revoke any provision previously made by Merseytravel under this article without the consent of Merseytravel, such consent not to be unreasonably withheld.

(7) Any consent required under this article shall not be unreasonably withheld but before giving any consent under paragraph (2) of this article the traffic authority or the local authority (as the case may be) shall consult such persons as it considers necessary and appropriate and shall take into consideration any representations made to it by any such person.

(8) Expressions used in this article and in the 1984 Act shall have the same meaning in this article as in that Act.

(9) The powers conferred on Merseytravel by this article with respect to the prohibition of vehicular access to any road shall have effect subject to any agreement entered into by Merseytravel with any person with an interest in premises served by the road.