Office of Public Sector Information
SCHEDULE 8 continued PART II continued
34 (1) Section 22 of the Road Traffic Regulation Act 1984 (traffic regulation for special areas in the countryside) is amended as follows.
(2) For subsections (3) and (4) (powers of Secretary of State as to making of orders) substitute—
“(3) The Countryside Commission, the Countryside Council for Wales and the Countryside Commission for Scotland may each make submissions to the Secretary of State as to the desirability of a traffic regulation order being made in relation to a road to which this section applies, whether or not it is a road for which he is the traffic authority.
(4) Where such a submission is made as respects a road for which he is not the traffic authority, and the traffic authority for the road notify him that they do not intend to make an order, the Secretary of State may by order under this subsection make any such provision as he might have made by a traffic regulation order if he had been the traffic authority.
This Act applies to such an order as to an order made by him in relation to a road for which he is the traffic authority.”.
(3) On the coming into force of Part I of the [1991 c. 28.] Natural Heritage (Scotland) Act 1991, for the reference in subsection (3) as amended by this paragraph to the Countryside Commission for Scotland there shall be substituted a reference to Scottish Natural Heritage.
35 (1) Section 23 of the [1984 c. 27.] Road Traffic Regulation Act 1984 is amended as follows.
(2) For subsection (1) (power to establish pedestrian crossings) substitute—
“(1) A local traffic authority may establish crossings for pedestrians on roads for which they are the traffic authority, and may alter or remove any such crossings.
The crossings shall be indicated in the manner prescribed by regulations under section 25 of this Act.”.
(3) In subsections (2) and (3) for “local authority” substitute “local traffic authority”.
(4) Omit subsection (5).
36 In section 24 of the Road Traffic Regulation Act 1984 (pedestrian crossings on trunk roads), for the words from the beginning to “such crossings” substitute “The Secretary of State shall establish on roads for which he is the traffic authority such crossings”, and for “and to execute” substitute “and execute”.
37 For sections 29 and 30 of the Road Traffic Regulation Act 1984 (street playgrounds) substitute—
(1) For the purpose of enabling a road for which they are the traffic authority to be used as a playground for children, a local traffic authority may make an order prohibiting or restricting the use of the road by vehicles, or by vehicles of any specified class, either generally or on particular days or during particular hours.
The prohibition or restriction may be subject to such exceptions and conditions as to occasional use or otherwise as may be specified in the order.
(2) An order under this section shall make provision for permitting reasonable access to premises situated on or adjacent to the road.
(3) A person who uses a vehicle or causes or permits a vehicle to be used, in contravention of an order in force under this section shall be guilty of an offence.”.
38 In section 31 of the Road Traffic Regulation Act 1984 (byelaws with respect to roads used as playgrounds), in subsection (1), for the words from “by a local authority” to “have power to” substitute “under section 29 of this Act, the local traffic authority may”.
39 In section 32 of the Road Traffic Regulation Act 1984 (power of local authorities to provide parking places), in subsection (4)(a) (meaning of “local authority”) for “the local roads authority” substitute “a regional or islands council”.
40 In section 34 of the [1984 c. 27.] Road Traffic Regulation Act 1984 (provision of access to premises through off-street parking place), in subsection (1)—
(a) in the opening words omit the words “in England or Wales”, and
(b) for paragraph (a) substitute—
“(a) that it would relieve or prevent congestion of traffic on a highway or, in Scotland, a road if use were made of the parking place to provide a means of access from the highway or road to premises adjoining, or abutting on, the parking place, and”.
41 (1) Section 37 of the Road Traffic Regulation Act 1984 (extension of powers for purposes of general scheme of traffic control) is amended as follows.
(2) For subsection (1) substitute—
“(1) This section applies to an order made under both section 1 and section 32 of this Act by—
(a) the council of a county or metropolitan district in England and Wales, or
(b) by a regional or islands council in Scotland,
where the order is, and is stated to be, made by virtue of this section and for the purposes of a general scheme of traffic control in a stated area.”.
(3) In subsection (3) for “a trunk road” substitute “a road for which the Secretary of State is the traffic authority”.
42 In section 38 of the Road Traffic Regulation Act 1984 (parking place to be used as bus or coach station), in subsection (3) for “street” substitute “road”.
43 In section 43 of the Road Traffic Regulation Act 1984 (control of off-street parking in Greater London) in subsection (14), in the definition of “public off-street parking place”, for “parking space for motor vehicles off the highway” substitute “off-street parking accommodation” and for “space” substitute “accommodation”.
44 (1) Section 45 of the Road Traffic Regulation Act 1984 (designation of paying parking places on highways) is amended as follows.
(2) For subsection (1) (power to make orders) substitute—
“(1) A local authority may by order designate parking places on highways or, in Scotland, roads in their area for vehicles or vehicles of any class specified in the order; and the authority may make charges (of such amount as may be prescribed under section 46 below) for vehicles left in a parking place so designated.
The exercise of this power by a local authority outside Greater London in relation to a highway or road for which they are not the traffic authority is subject to obtaining the consent of the traffic authority.”.
(3) In subsection (3)(c) (matters to be taken into account in making orders), for the words from “parking accommodation” to “highways” or, in Scotland, “roads” substitute “off-street parking accommodation, whether in the open or under cover,”.
(4) In subsection (7) (meaning of “local authority”), in paragraph (c) for “local roads authority” substitute “regional or islands council”.
45 In section 53(1) of the Road Traffic Regulation Act 1984, for “highways” or, in Scotland, “roads” substitute “highways or, in Scotland, roads”.
46 (1) Section 55 of the [1984 c. 27.] Road Traffic Regulation Act 1984 (financial provisions relating to designation orders) is amended as follows.
(2) In subsection (4)(b) and (c) for the words from “parking accommodation” to the end substitute “off-street parking accommodation, whether in the open or under cover;”.
(3) For subsection (4)(d) substitute—
“(d) if it appears to the local authority that the provision in their area of further off-street parking accommodation is unnecessary or undesirable, the following purposes—
(i) meeting costs incurred, whether by the local authority or by some other person, in the provision or operation of, or of facilities for, public passenger transport services, and
(ii) the purposes of a highway or road improvement project in the local authority’s area.”.
(4) After subsection (4) insert—
“(4A) For the purposes of subsection (4)(d)(ii)—
(a) a highway improvement project means a project connected with the carrying out by the appropriate highway authority (whether the local authority or not) of any operation which constitutes the improvement (within the meaning of the Highways Act 1980) of a highway in the area of a local authority in England or Wales; and
(b) a road improvement project means a project connected with the carrying out by the appropriate roads authority (whether the local authority or not) of any operation which constitutes the improvement (within the meaning of the Roads (Scotland) Act 1984) of a road in the area of a local authority in Scotland.”.
(5) Omit subsection (5).
47 In section 64 of the Road Traffic Regulation Act 1984 (general provisions as to traffic signs), in subsection (4)(c)(i) and (ii) for “highway” substitute “road”.
48 (1) Section 65 of the Road Traffic Regulation Act 1984 (powers and duties of highway authorities as to placing of traffic signs) is amended as follows.
(2) For subsection (1) (power to cause or permit placing of traffic signs) substitute—
“(1) The traffic authority may cause or permit traffic signs to be placed on or near a road, subject to and in conformity with such general directions as may be given by the Ministers acting jointly or such other directions as may be given by the Secretary of State.”.
(2) In subsection (2) (direction by Secretary of State), for the opening words substitute—
“(2) The Secretary of State may give directions to a local traffic authority—”.
49 In section 66(1) of the Road Traffic Regulation Act 1984 (traffic signs for giving effect to local traffic regulations), for “highway” (twice) substitute “road”.
50 In section 67 of the Road Traffic Regulation Act 1984 (emergencies and temporary obstructions), in subsection (1) for “highway” (twice) substitute “road”.
51 (1) Section 68 of the [1984 c. 27.] Road Traffic Regulation Act 1984 (placing of traffic signs in connection with exercise of other powers) is amended as follows.
(2) In subsection (1)(a), omit the reference to section 30.
(3) In subsections (2) and (3), for “highway authority” or, in Scotland, “roads authority”, wherever occurring, substitute “traffic authority”.
52 (1) Section 69 of the Road Traffic Regulation Act 1984 (placing of traffic signs in connection with exercise of other powers) is amended as follows.
(2) In subsection (1)—
(a) for “highway authority” or, in Scotland, “roads authority” substitute “traffic authority”; and
(b) for “the roads” or, in Scotland, “a road” substitute “the road”.
(3) In subsection (2) for “highway authority” or, in Scotland, “roads authority” substitute “traffic authority”.
(4) In subsection (3) for “highway authority” or, in Scotland, “local roads authority” substitute “local traffic authority”.
53 In section 70 of the Road Traffic Regulation Act 1984 (default powers of Secretary of State), in subsection (1) for “highway authority” or, in Scotland, “local roads authority” substitute “local traffic authority”.
54 In section 71 of the Road Traffic Regulation Act 1984 (power to enter land in connection with traffic signs), in subsection (1) for “highway authority” or, in Scotland, “local roads authority” substitute “local traffic authority”.
55 In section 73 of the Road Traffic Regulation Act 1984 (powers of local traffic authorities in London), in subsection (1) for “which is not a trunk road” substitute “for which they are the traffic authority”.
56 In section 77 of the Road Traffic Regulation Act 1984 (modifications as respects trunk roads), for the opening words substitute “In relation to a road for which the Secretary of State is the traffic authority”.
57 In section 79 of the Road Traffic Regulation Act 1984 (advances by Secretary of State towards expenses of traffic signs), in subsection (5) for “highway authority” or, in Scotland, “local roads authority” substitute “local traffic authority”.
58 In section 80 of the Road Traffic Regulation Act 1984 (exercise of traffic sign functions by person other than traffic authority), in subsection (1), for “highway authority” or, in Scotland, “roads authority” in both places where those expressions occur substitute “traffic authority”.
59 (1) Section 82 of the Road Traffic Regulation Act 1984 (what roads are restricted roads) is amended as follows.
(2) In subsection (1) for the words from “if” to the end substitute— “if—
(a) in England and Wales, there is provided on it a system of street lighting furnished by means of lamps placed not more than 200 yards apart;
(b) in Scotland, there is provided on it a system of carriageway lighting furnished by means of lamps placed not more than 185 metres apart and the road is of a classification or type specified for the purposes of this subsection in regulations made by the Secretary of State.”.
(3) In subsection (2) for “A direction may be given” substitute “The traffic authority for a road may direct”, and in paragraphs (a) and (b) for “a specified road” substitute “the road”.
(4) For subsection (3) substitute—
“(3) A special road is not a restricted road for the purposes of section 81 on or after the date declared by the traffic authority, by notice published in the prescribed manner, to be the date on which the special road, or the relevant part of the special road, is open for use as a special road.”.
60 (1) Section 83 of the [1984 c. 27.] Road Traffic Regulation Act 1984 (provisions as to directions under section 82) is amended as follows.
(2) In subsection (1), for the words from the beginning to “shall be given” substitute “A direction under section 82(2) by the Secretary of State shall be given”.
(3) For subsection (2) substitute—
“(2) A direction under section 82(2) by a local traffic authority shall be given by means of an order made by the authority.”.
61 In section 84 of the Road Traffic Regulation Act 1984 (speed limits on roads other than restricted roads), for subsection (2) (authority having power to make order) substitute—
“(2) The power to make an order under subsection (1) is exercisable by the traffic authority, who shall before exercising it in any case give public notice of their intention to do so.”.
62 (1) Section 85 of the Road Traffic Regulation Act 1984 (traffic signs for indicating speed restrictions) is amended as follows.
(2) In subsection (1) (duty of Secretary of State), for the words from “in the case of” to “to” substitute “in the case of a road for which he is the traffic authority, to”.
(3) In subsection (2) (duties of local traffic authorities), for the opening words substitute— “In the case of any other road, it is the duty of the local traffic authority—”.
(4) In subsection (3) for “local authority” substitute “local traffic authority”.
(5) In subsection (4), for the words from the beginning to “on a road” substitute “Where no such system of street or carriageway lighting as is mentioned in section 82(1) is provided on a road,”.
(6) In subsection (5) for the words from “such a system” to “subsection (4) above” substitute “such a system of street or carriageway lighting”.
63 In section 86 of the Road Traffic Regulation Act 1984 (speed limits for particular classes of vehicles), omit subsection (4) (which relates to special roads).
64 Omit section 91 (definition of “local authority” for the purposes of Part VI).
65 (1) Section 92 of the [1984 c. 27.] Road Traffic Regulation Act 1984 (bollards and other obstructions outside Greater London) is amended as follows.
(2) In subsection (1) for “the highway authority or, in Scotland, the local roads authority” substitute “the traffic authority”.
(3) For subsection (4) substitute—
“(4) The bollards or other obstructions authorised by an order under subsection (1) shall be placed on the road by the traffic authority, except as mentioned in section 93 below.”.
66 (1) Section 93 of the Road Traffic Regulation Act 1984 (powers of Secretary of State in relation to functions under section 92) is amended as follows.
(2) For subsection (1) substitute—
“(1) Where by virtue of an order under section 92(1) the Secretary of State has power to place bollards or other obstructions at a point on a road, he may authorise or require the traffic authority for any other road leading into or crossing that road at that point to place the bollards or other obstructions on that other road.”.
(3) In subsection (2) for “any authority” and in subsection (3) for “an authority” substitute “a local traffic authority”.
67 (1) Section 94 of the Road Traffic Regulation Act 1984 (bollards and other obstructions in Greater London) is amended as follows.
(2) In subsection (1) (powers of Secretary of State), for “which is not a trunk road” substitute “for which he is not the traffic authority”.
(3) In subsection (2) (powers of London borough council), for “which is not a trunk road and for which they are not the highway authority” substitute “for which neither they nor the Secretary of State are the traffic authority”.
(4) In subsection (4)—
(a) in paragraph (a) for “any trunk road” substitute “any road for which he is the traffic authority”; and
(b) in paragraph (b) for “which is not a trunk road and for which they are the highway authority” substitute “for which they are the traffic authority” and for “highway authority”, in the second place where it occurs, substitute “traffic authority”.
68 In section 100(5) of the Road Traffic Regulation Act 1984 (definition of “local authority” for purposes of provisions about removal of abandoned vehicles, &c.), for paragraph (c) substitute—
“(c) in relation to Scotland, means a regional or islands council.”.
69 In section 106 of the Road Traffic Regulation Act 1984 (initial experimental period for immobilisation of vehicles)—
(a) in subsection (7) (consent required for initial order), for “the authority responsible for traffic regulation in that area” substitute “the local traffic authority”; and
(b) omit subsection (8).
70 In the [1984 c. 27.] Road Traffic Regulation Act 1984, at the beginning of Part X (general and supplementary provisions) insert—
(1) The Secretary of State is the traffic authority—
(a) for every highway in England and Wales for which he is the highway authority within the meaning of the Highways Act 1980, and
(b) for every road in Scotland for which he is the roads authority within the meaning of the Roads (Scotland) Act 1984.
(2) In Greater London, the council of the London borough or the Common Council of the City of London are the traffic authority for all roads in the borough or, as the case may be, in the City for which the Secretary of State is not the traffic authority.
(3) In England and Wales outside Greater London, the council of the county or metropolitan district are the traffic authority for all roads in the county or, as the case may be, the district for which the Secretary of State is not the traffic authority.
(4) In Scotland, the regional or islands council are the traffic authority in relation to all roads within their area for which the Secretary of State is not the traffic authority.
(5) In this Act “local traffic authority” means a traffic authority other than the Secretary of State.”.
71 In section 122 of the Road Traffic Regulation Act 1984 (exercise of functions by local authorities), in subsection (1) for “the highway” or, in Scotland, “the road” substitute “the highway or, in Scotland, the road”.
72 In section 124(2) of the Road Traffic Regulation Act 1984 (orders exercisable by statutory instrument), omit the reference to section 30.
73 In section 125(3) of the Road Traffic Regulation Act 1984 (exercise of powers in relation to boundary roads), omit the reference to section 30(1).
74 In section 130 of the Road Traffic Regulation Act 1984 (application of Act to Crown), in subsection (2)(a) for “76 to 91” substitute “76 to 90”.
75 (1) Section 131 of the Road Traffic Regulation Act 1984 (application of road traffic enactments to Crown roads) is amended as follows.
(2) In subsection (2)(a) (twice), and in subsection (2)(b), for “highway authority” or, in Scotland, “roads authority” substitute “local traffic authority”.
(3) In subsection (7)(b) for “a highway” or, in Scotland, “a public road” substitute “a highway or, in Scotland, a public road”.
76 (1) Section 132 of the Road Traffic Regulation Act 1984 (special provisions as to certain Crown roads) is amended as follows.
(2) In subsection (5)—
(a) for “the local authority concerned” substitute “the traffic authority”;
(b) for “the local authority may” substitute “the traffic authority may”; and
(c) for the words from “and any other power” to “as respects the Crown road” substitute “and any other power conferred by section 65 to give directions to a local traffic authority includes power to give the like directions to them as respects the Crown road”.
(3) Omit subsection (6) (definition of “local authority concerned”).
77 In section 134(2) of the [1984 c. 27.] Road Traffic Regulation Act 1984 (regulations excepted from obligation to consult), for “82(1),” substitute “82(1)(b),”.
78 (1) Section 142(1) of the Road Traffic Regulation Act 1984 (general interpretation provisions) is amended as follows.
(2) Omit the definitions of “highway authority”, “local highway authority”, “local roads authority” and “roads authority”.
(3) At the appropriate place insert—
““off-street parking accommodation” means parking accommodation for motor vehicles off the highway or, in Scotland, off the road;”.
(4) For the definition of “road” substitute—
““road”—
(a) in England and Wales, means any length of highway or of any other road to which the public has access, and includes bridges over which a road passes, and
(b) in Scotland, has the same meaning as in the Roads (Scotland) Act 1984;”.
(5) For the definition of “special road” substitute—
““special road”, in England and Wales, has the same meaning as in the Highways Act 1980, and in Scotland has the same meaning as in the Roads (Scotland) Act 1984;”.
(6) At the appropriate place insert—
““traffic authority” and “local traffic authority” have the meaning given by section 121A of this Act;”.
79 In Schedule 3 to the Road Traffic Regulation Act 1984 (notification of temporary traffic restrictions), in paragraph 1(1) and (3), and in paragraph 3(2), for “the highway authority” substitute “the traffic authority”.
80 (1) Schedule 9 to the Road Traffic Regulation Act 1984 (special provisions as to certain orders) is amended as follows.
(2) In paragraph 13(1) (orders requiring consent of Secretary of State), in paragraph (b) for “a trunk road” substitute “a road for which the Secretary of State is the traffic authority”.
(3) In paragraph 20(1) (consultation before orders are made), omit the reference to section 30.
(4) In paragraphs 21 and 23(1)(a) (procedure regulations), omit the words “other than section 30 of this Act”.
(5) In paragraph 24(b) (procedure regulations for certain orders) for “trunk roads” substitute “roads for which he is the traffic authority”.
(6) In paragraph 25 (power to make different provision in each case and as to posting notices)—
(a) for “highway authority” or, in Scotland, “roads authority” substitute “traffic authority”, and
(b) for the word “highway” in the two other places where it appears substitute the word “road”.
(7) In paragraph 27(1) (variation or revocation of orders), omit the reference to section 30.
81 In section 35(2)(a) of the [1984 c. 54.] Roads (Scotland) Act 1984 (provision of lighting by roads authorities) for the words “Public Utilities Street Works Act 1950” substitute “Part IV of the New Roads and Street Works Act 1991”.
82 In section 39(4) of the Roads (Scotland) Act 1984 (status of road humps)—
(a) for the words from “Part II” to “those roads)” substitute “section 117 of the New Roads and Street Works Act 1991 (restricting road works following substantial works for roads purposes)”,
(b) for the words “section 21(1)(a) of that Act” substitute “subsection (3) of that section”, and
(c) for the word “Part” substitute “section”.
83 In section 56(3) of the Roads (Scotland) Act 1984 (control of works and excavations) for the words from “street works code” to “applies” substitute “provisions of Part IV of the New Roads and Street Works Act 1991 apply”.
84 In section 57(5) of the Roads (Scotland) Act 1984 (dangerous works) for the words from “street works code” to “applies” substitute “provisions of Part IV of the New Roads and Street Works Act 1991 apply”.
85 In section 59(6) of the Roads (Scotland) Act 1984 (control of obstructions in roads) for the words from “street works code” to “applies” substitute “provisions of Part IV of the New Roads and Street Works Act 1991 apply”.
86 In section 60 of the Roads (Scotland) Act 1984 (fencing and lighting of obstructions and excavations)—
(a) in subsection (1), omit the words from “section 8” to “or to”;
(b) after subsection (5) insert the following subsection—
“(6) This section shall not apply to an undertaker executing road works, within the meaning of Part IV of the New Roads and Street Works Act 1991.”
87 In section 61 of the Roads (Scotland) Act 1984 (granting of permission to place and maintain etc. apparatus under a road)—
(a) at the end of subsection (1) insert “; and such permission shall be in writing”,
(b) in subsection (4) for the words from “undertakers”' to the end substitute “road works within the meaning of section 107 of the New Roads and Street Works Act 1991”, and
(c) at the end of subsection (5) insert “nor does it apply to apparatus in respect of which permission has been granted under section 109 of the New Roads and Street Works Act 1991 to execute road works”.
88 After section 61 of the [1984 c. 54.] Roads (Scotland) Act 1984 there shall be inserted the following section—
(1) The Secretary of State may make provision by regulations requiring a person who occupies a public road by doing anything to which this section applies to pay a charge to the roads authority if the duration of the occupation exceeds the longer of the following periods—
(a) such period as may be prescribed; or
(b) such period as is agreed by the authority and the person to be reasonable or, in default of such agreement, is determined by arbitration to be reasonable in the circumstances.
(2) This section applies to the occupation of a public road by doing anything which would require the consent or permission of a roads authority under any of the following provisions of this Act—
section 56 (works executed in or excavations under a public road);
section 58 (occupation of road for deposit of building materials and erection of scaffolding);
section 59 (placing or depositing anything in a road);
section 61 (placing, leaving, retaining, maintaining, repairing and reinstating apparatus in or under a public road); or
section 85 (depositing a builder’s skip).
(3) For the purposes of paragraph (b) of subsection (1) above, in default of agreement, the roads authority’s view as to what is a reasonable period shall be acted upon pending the decision of the arbiter.
(4) The regulations may provide that if a person applying to the roads authority for consent or permission under any of the provisions of this Act specified in subsection (2) above submits together with his application an estimate of the likely duration of the occupation, the period stated in the estimate shall be taken to be agreed by the authority to be reasonable unless they give notice, in such manner and within such period as may be prescribed, objecting to the estimate.
(5) The regulations may provide that if it appears to the person occupying the road that by reason of matters not previously foreseen or reasonably foreseeable the duration of the occupation—
(a) is likely to exceed the prescribed period,
(b) is likely to exceed the period stated in the previous estimate, or
(c) is likely to exceed the period previously agreed or determined to be a reasonable period,
he may submit an estimate or revised estimate accordingly, and that if he does so any previous estimate, agreement or determination shall cease to have effect and the period stated in the new estimate shall be taken to be agreed by the roads authority to be reasonable unless they give notice, in such manner and within such period as may be prescribed, objecting to the estimate.
(6) The amount of the charge shall be determined in such manner as may be prescribed by reference to the duration and extent of the occupation and different rates of charge may be prescribed according to the purpose of the occupation and such other factors as appear to the Secretary of State to be relevant.
(7) The regulations may make provision as to the time and manner of making payment of any charge.
(8) The regulations shall provide that a roads authority may reduce the amount, or waive payment, of a charge in any particular case, in such classes of case as they may decide or as may be prescribed, or generally.
(9) In this section “prescribed” means prescribed by the Secretary of State by regulations.”.
New Roads and Street Works Act 1991