17. This Part applies in relation to experimental traffic orders.
18.—(1) Where a National Park authority proposes to make an experimental traffic order it must, not less than one month before it proposes to make the order, consult the persons specified in the second column of the table in Schedule 1 in the cases specified in third column of that table.
(2) The National Park authority must make the documents specified in paragraph (3) available for public inspection—
(a) at the principal offices of the National Park authority during normal office hours, and
(b) at such other places within the National Park, if any, as the National Park authority may think fit, during such hours as it may determine for each place,
from the date on which the National Park authority begins consultation under paragraph (1) until the last day of the experimental scheme of traffic control (if the National Park authority makes the order) or until six weeks after the National Park authority decides not to make the order.
(3) The documents to be made available for inspection are—
(a) a copy of the order as proposed to be made;
(b) a map which clearly shows the location of the roads affected by the proposed order and, if appropriate, the alternative routes available for diverted traffic;
(c) a statement setting out the reasons why the authority proposes to make the order, including its reasons for proceeding by way of experiment;
(d) a statement as to whether the authority intends to consider making a traffic regulation order having the same effect as the experimental traffic order; and
(e) if the proposed order revokes or amends another experimental traffic order, a copy of that other order.
(4) Before deciding whether to make an experimental traffic order, the National Park authority must take account of any representations received from persons consulted under paragraph (1).
(5) Regulation 14 (notice of making) applies in relation to an experimental traffic order, with the modifications that–
(a) in paragraphs (1)(b) and (2), the references to any person who made representations under regulation 7 are to be treated as references to any person consulted under regulation 18(1) who made representations; and
(b) in paragraphs (4) and (5), the references to regulation 6 are to be treated as references to regulation 18(2) and (3).
(6) No provision of an experimental traffic order shall come into force until the expiry of seven days after a notice under regulation 14(1)(a) is published in relation to the order.
(7) Regulation 15 (traffic signs) applies in relation to an experimental traffic order.
(8) Where an experimental traffic order is modified in accordance with section 10(2) of the 1984 Act, a statement of the effect of each such modification must, as soon as practicable after the modification is made, be included with the documents available for inspection in accordance with regulation 6.
19. This Part applies in relation to temporary orders.
20. A National Park authority must, before making a temporary order in relation to a road, consult—
(a) any authority which is the highway authority for the road;
(b) the parish or town council (if any) for the area in which the road is situated;
(c) any local access forum for the area in which the road is situated;
(d) Natural England, if the road is within or partly within an SSSI; and
(e) such other organisations (if any) representing persons likely to be affected by any provision in the order as the National Park authority thinks it appropriate to consult.
21.—(1) Not less than 7 days before making a temporary order the National Park authority must publish notice of its intention to make the order—
(a) in a newspaper circulating in the area in which the road to which the order relates is situated; and
(b) on its website.
(2) The notice must state—
(a) the details specified in paragraphs 1 to 4 of Part 1 of Schedule 2;
(b) the reason or purpose for making the order;
(c) where applicable, the alternative routes available for diverted traffic;
(d) the date on which the National Park authority proposes to bring the order into force; and
(e) the duration of the order.
(3) The National Park authority must, on or before the day on which the order is made, give notice of the order to the chief officer of police for the area in which the road to which the order relates is situated.
(4) Within 14 days of making an order, the National Park authority must publish a notice—
(a) in a newspaper circulating in the area in which the road to which the order relates is situated; and
(b) on its website.
(5) The notice under paragraph (4) must state—
(a) the details specified in paragraphs 1 to 4 of Part 3 of Schedule 2;
(b) the date on which the order came into force; and
(c) the matters set out in paragraph (2)(b), (c) and (e).
(6) No provision of a temporary order may come into force before the date on which the National Park authority publishes a notice in accordance with paragraphs (4) and (5).
22.—(1) This regulation applies where a National Park authority has made a temporary order.
(2) The authority must, before the order comes into force, display a notice stating the effect of the order in a prominent position at each end of the length of road to which the order relates.
(3) If the effect of the order is to require vehicles or persons, or any class of vehicles or persons, to divert from the road—
(a) the authority must also display such a notice at all the points at which such diversion is required; and
(b) the notice must also state, or include a map showing, the alternative routes available.
(4) Each such notice must be displayed throughout the period during which the order is in force.
(5) The National Park authority must take all reasonable steps during that period to ensure that the notices remain displayed and in a legible condition, or are promptly replaced as often as necessary.
23.—(1) This regulation has effect where the Secretary of State gives a direction under section 15(3) or (5) of the 1984 Act(8) in relation to a temporary order.
(2) The National Park authority must, within 14 days after receiving the direction, publish notice of the direction—
(a) in a newspaper circulating in the area in which the road to which the order relates is situated; and
(b) on its website.
(3) The notice must state—
(a) the reason or purpose for the making of the order;
(b) where applicable, the alternative routes available for diverted traffic; and
(c) the date on which the order would expire if no further direction were to be given under section 15(3) or (5) of the 1984 Act and the order were neither revoked or amended.
(4) In the case of a direction given under section 15(3) of the 1984 Act, the National Park authority must, within 7 days after receiving the direction, give notice of the direction to the chief officer of police for the area in which any road to which the order relates is situated.
Phil Woolas
Minister of State
Department for Environment, Food and Rural Affairs
27th August 2007
Paragraphs (3) and (5) of section 15 of the 1984 Act have effect in relation to a temporary order made by a National Park authority by virtue of section 22BB(3) of the 1984 Act, as inserted by section 72 of the Natural Environment and Rural Communities Act 2006 (c.16). Back [8]