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The Secretary of State for Transport, as respects England, the Secretary of State for Wales, as respects Wales and the Secretary of State for Scotland, as respects Scotland, in exercise of the powers conferred by section 16(2) and (2A) of the Road Traffic Regulation Act 1984^[1] ( "the 1984 Act") and of all other enabling powers, and after consultation with representative organisations in accordance with section 134(2) of the 1984 Act, hereby makes the following Regulations:—

Citation and Commencement
    1.    These Regulations may be cited as the Road Traffic (Temporary Restrictions) Procedure Regulations 1992 and shall come into force on 1st July 1992.

General Interpretation
    2.—(1)  In these Regulations,

"the 1984 Act" means the Road Traffic Regulation Act 1984;


"the 1991 Act" means the New Roads and Street Works Act 1991^[2];


"fire authority", in relation to any area, means the authority discharging in the area the functions of fire authority under the Fire Services Act 1947^[3];


"maximum duration" in relation to an order or notice means the longest period during which the order or notice could remain in force, on the assumption (in the case of an order) that—


(a)  it is not amended, and


(b)  the prohibition or restriction imposed by it is not continued under section 15(3), (5) or (8) of the 1984 Act.


and "footpath", "cycle track" and "byway open to all traffic" have the same meanings as in section 15 of the 1984 Act.

    (2)  A reference in these Regulations to—


(a)  a concesssionaire, or


(b)  a road subject to a concession,


shall, in relation to England and Wales, be construed in accordance with section 1 of the 1991 Act.

    (3)  A reference in these Regulations to a concessionnaire shall, in relation to Scotland, be construed in accordance with section 28 of the 1991 Act.

    (4)  A reference in these Regulations to an order is a reference to an order or a proposed order as the context requires, 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.

[1] 1984 c. 27; sections 14, 15, 16(2) and 16(2A) are substituted by section 1 of the Road Traffic (Temporary Restrictions) Act 1991 c. 26, which comes into force on 1st July 1992 by virtue of S.I. 1992/1217; section 14 is extended by section 3(4) of the New Roads and Street Works Act 1991 (c. 22) and modified by the Tramcars and Trolley Vehicles (Modification of Enactments) Regulations 1992 (S.I. 1992/1217). back

[2] 1991 c. 22. back

[3] 1947 c. 41; read with paragraph 2 of Schedule 11 to the Local Government Act 1985 (c. 51). back