UK Offence Report

The Secretary of State’s Traffic Orders (Procedure) (England and Wales) Regulations 1990

UK Statutory Instrument 1990 No. 1656 — creates 1 criminal offence.

1offences created
0recorded in force
0revoked
Made
6 August 1990
In force from
6 September 1990
Extent
Not stated
Subject
Road traffic and vehicles
Made under
Part III of Schedule 9 to, the Road Traffic Regulation Act 1984

Explanatory note

(This note is not part of the Regulations) — published with the instrument by the department that made it. © Crown copyright, reused under the Open Government Licence v3.0.

These Regulations lay down the procedure to be followed by the Secretary of State for Transport and the Secretary of State for Wales in connection with the making by them of the main types of traffic and parking place orders under the Road Traffic Regulation Act 1984. The Regulations restate with modifications the procedures formerly set out in the Secretary of State’s Traffic Orders (Procedure) (England and Wales) Regulations 1986 (S.I. 1986/180). Apart from some changes of substance, referred to below, the drafting has been modified to reflect the provisions of the Local Authorities' Traffic Orders (Procedure) (England and Wales) Regulations 1989 (S.I. 1989/1120). Regulation 3 specifies the orders to which the Regulations apply. These include traffic regulation orders, experimental traffic orders, speed limit orders in respect of trunk roads, and orders being made in respect of non-trunk roads whether under section 22, as read with section 132, of the 1984 Act, (countryside road orders) or under the reserve powers of the Secretaries of State by virtue of paragraph 3 or under paragraph 7 of Schedule 9 to that Act. Regulations 4 to 11 lay down the procedure to be followed before the order is made. They provide for preliminary consultation (regulation 5), publication of the proposals (regulation 6), objections to the order (regulations 7 and 10), public inquiries (regulations 8 and 9) and the modification of proposals (regulation 11). Regulations 12 to 14 contain requirements about the commencement date of the order and notification thereof. Regulation 15 makes provision for the erection of traffic signs to convey information as to the effect of the order. Regulations 16 to 21 deal with the procedures for consolidation orders (regulation 16), minor orders (regulation 17), experimental traffic orders (regulations 18 and 19), reserve power orders (regulation 20) and making of orders in part (regulation 21). Regulations 22 and 23 contain requirements for the revocation and re-enactment of orders in exceptional circumstances. Regulation 24 makes transitional provision for orders published before the coming into force of these Regulations. Schedules 1 to 3 contain particulars of the details to be included in the press notice of an order, of the requirements as to display of notices of an order in the road itself, and of the requirements about making documents relating to an order available for public inspection. Schedule 4 Parts I—IV list the minor variations to an order to which regulations 16 and 17 apply. These waive the Secretary of State’s obligations for consultation, publication and consideration of objections in certain cases. Part V relates specified unladen weights to corresponding maximum gross weights of vehicles for the purposes of Part I. The main modifications made by these Regulations are as follows— i a relaxation of the requirement in respect of street notices — obligatory only where the Secretary of State considers it desirable for publicity purposes (regulation 6(1)(d) and regulation 8(2)(e)); ii provision for a minimum period of 21 days for objections (regulation 7(2)(b)); iii a new requirement to notify the fire authority of a made order (regulation 14(1)(a)); iv a new requirement to maintain traffic signs for the duration of the order (regulation 15(1)(b)); v new provisions for the making of orders in part (regulation 21) and for the revocation and re-enactment of orders where, in exceptional cases, the publication requirements of regulation 14 cannot be met (regulations 22 and 23); vi a new requirement to include a suitable map among the documents to be made available for public inspection (Schedule 3).

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