THE LOCAL AUTHORITIES' TRAFFIC REGULATION ORDER (PROCEDURES) (SCOTLAND) REGULATIONS 1999 CONSULTATION
SCOTTISH STATUTORY INSTRUMENTS
ROAD TRAFFIC
The Local Authorities' Traffic Orders (Procedure) (Scotland) Amendment Regulations 2004
Made 2004
Laid before the Scottish Parliament 2004
Coming into force 2004
The Scottish Ministers, in exercise of the powers conferred by section 124 of, and Part III of Schedule 9 to, the Road Traffic Regulation Act 1984( 1), and of all other powers enabling them in that behalf, after consultation with representative organisations in accordance with section 134(2) of the said Act of 1984, hereby makes the following Regulations:
Citation, commencement and extent
1. (1) These Regulations may be cited as the Local Authorities' Traffic Orders (Procedure) (Scotland) Amendment Regulations 2004 shall come into force on 2004.
(2) These Regulations extend to Scotland only.
Interpretation
2. In these regulations "the 1999 Regulations" means the Local Authorities' Traffic Orders (Procedure) (Scotland) Regulations 1999( 2)
Amendment of the 1999 Regulations
2. (1) In regulation 16(3) add at the beginning -
"Subject to paragraph (4)"
(2) After regulation 16(3) add:-
"(4) The two year time limit referred to in paragraph 3 shall not apply where an application for an extension has been made by the authority to the Scottish Ministers.
(5) The Scottish Ministers may extend the two year time limit referred to in paragraph 3 for such period not exceeding 6 months as the Scottish Ministers consider appropriate and the Scottish Ministers may grant up to 4 further extensions to the authority.
(6) If the application for an extension is refused no order shall be made after the expiry of the time period specified in paragraph 3 or the date falling one month after intimation to the authority of the refusal, whichever is the later."
(3) In paragraph 1(b) of Schedule 5 after "class," add:-
"if an alternative route exists,".
St Andrew's House
Edinburgh A member of the Scottish Executive
EXPLANATORY NOTE
(This note is not part of the Regulations)
These Regulations amend the Local Authorities' Traffic Orders (Procedure) (Scotland) Regulations 1999 ("the 1999 Regulations") which prescribe the procedure to be followed by local traffic authorities in Scotland for making the main types of traffic and parking orders under the Road Traffic Regulation Act 1984.
Regulation 2 amends regulation 16 of the 1999 Regulations by introducing further paragraphs to allow authorities to apply to Scottish Ministers, on cause shown, for up to 4 six month extensions where the order cannot be made within the 2 year period specified in regulation 16(3).
( 1) 1984 c.27; there are amendments to section 124 not relevant to these Regulations. Part III of Schedule 9 was amended by the Local Government Act 1985 (c.51), Schedule 5, paragraph 39 and the New Roads and Street Works Act 1991 (c.22), Schedule 8, paragraph 80 and Schedule 9. The functions of the Secretary of State transferred to the Scottish Ministers by virtue of section 53 of the Scotland Act 1998 (c.46).
( 2) S.I. 1999/614 as amended by S.S.I. 2002/31.