SCHEDULES

SCHEDULE 30Traffic regulation

Power of Secretary of State to direct traffic authority to make traffic regulation order

5

1

This paragraph applies where, in pursuance of a direction under paragraph 4, a traffic authority is required to make an order under section 1 or 9 of RTRA 1984.

2

The order is to be treated for the purposes of Part 3 and paragraph 28 of Schedule 9 to RTRA 1984, and regulations made under Part 3 of that Schedule, as if it were required to be made in pursuance of a direction under paragraph 2 of that Schedule.

3

The provisions mentioned in sub-paragraph (2) have effect accordingly, but as if—

a

paragraph 26(1) of Schedule 9 to RTRA 1984 (which requires the Secretary of State to take account of objections) were omitted,

b

for the purposes of the application of paragraph 28 of Schedule 9 to RTRA 1984 (provision about the variation or revocation of certain orders)—

i

the reference in that paragraph to Part 2 of that Schedule included a reference to paragraph 4(3) of this Schedule, and

ii

any reference in that Part to paragraph 13(1)(e) and (f) of that Schedule were read instead as a reference to paragraph 4(3) of this Schedule, and

c

any provision in regulations made under Part 3 of Schedule 9 to RTRA 1984 relating to the holding of a public inquiry were omitted.

4

Paragraph 35 of Schedule 9 to RTRA 1984 (provision for questioning validity of orders) has effect, in its application to the order, as if—

a

the reference in sub-paragraph (a) to the relevant powers were to those powers as they apply in the case of an order made in pursuance of a direction under paragraph 4 above, and

b

the reference in sub-paragraph (b) to the relevant requirements were to those requirements as modified by sub-paragraph (3) above.