Part I General Provisions for Traffic Regulation

Outside Greater London

1 Traffic regulation orders outside Greater London.

(1)The traffic authority for a road outside Greater London may make an order under this section (referred to in this Act as a “traffic regulation order”) in respect of the road where it appears to the authority making the order that it is expedient to make it—

(a)for avoiding danger to persons or other traffic using the road or any other road or for preventing the likelihood of any such danger arising, or

(b)for preventing damage to the road or to any building on or near the road, or

(c)for facilitating the passage on the road or any other road of any class of traffic (including pedestrians), or

(d)for preventing the use of the road by vehicular traffic of a kind which, or its use by vehicular traffic in a manner which, is unsuitable having regard to the existing character of the road or adjoining property, or

(e)(without prejudice to the generality of paragraph (d) above) for preserving the character of the road in a case where it is specially suitable for use by persons on horseback or on foot, or

(f)for preserving or improving the amenities of the area through which the road runs or

(g)for any of the purposes specified in paragraphs (a) to (c) of subsection (1) of section 87 of the Environment Act 1995 (air quality).

(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3 )A traffic regulation order made by a local traffic authority may, with the consent of the Secretary of State , a strategic highways company, extend to a road in relation to which he is , it is the traffic authority if the order forms part of a scheme of general traffic control relating to roads of which at least one has a junction with the length of road in question.

(3A)A local traffic authority may make a traffic regulation order in respect of a road in relation to which the Secretary of State , a strategic highways company or the National Assembly for Wales is the traffic authority if—

(a)the order is required for the provision of relevant bus scheme facilitiesor for the taking of relevant bus scheme measures, and

(b)the Secretary of State or, the National Assembly for Wales, consents.

(3B) In subsection (3A) “ relevant bus scheme facilities ” means—

(za)facilities provided pursuant to an advanced quality partnership scheme under Part 2 of the Transport Act 2000;

(a)facilities provided pursuant to a quality partnership scheme under that Part;

(aa)facilities provided in connection with a franchising scheme under that Part (see section 123A(3)(d) of that Act);

(b)facilities provided pursuant to a quality contract within the meaning of that Part (see section 124(4) and (5) of that Act) or otherwise in connection with a quality contracts scheme under that Part.

(c)facilities provided pursuant to an enhanced partnership scheme under that Part.

(3C)In subsection (3A) “relevant bus scheme measures” means—

(a)measures taken pursuant to an advanced quality partnership scheme under Part 2 of the Transport Act 2000;

(b)measures taken pursuant to an enhanced partnership scheme under that Part.

(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

1 Traffic regulation orders outside Greater London.

(1)The traffic authority for a road outside Greater London may make an order under this section (referred to in this Act as a “traffic regulation order”) in respect of the road where it appears to the authority making the order that it is expedient to make it—

(a)for avoiding danger to persons or other traffic using the road or any other road or for preventing the likelihood of any such danger arising, or

(b)for preventing damage to the road or to any building on or near the road, or

(c)for facilitating the passage on the road or any other road of any class of traffic (including pedestrians), or

(d)for preventing the use of the road by vehicular traffic of a kind which, or its use by vehicular traffic in a manner which, is unsuitable having regard to the existing character of the road or adjoining property, or

(e)(without prejudice to the generality of paragraph (d) above) for preserving the character of the road in a case where it is specially suitable for use by persons on horseback or on foot, or

(f)for preserving or improving the amenities of the area through which the road runs or

(g)for any of the purposes specified in paragraphs (a) to (c) of subsection (1) of section 87 of the Environment Act 1995 (air quality).

(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)A traffic regulation order made by a local traffic authority may, with the consent of the Secretary of State or, as the case may be, the Scottish Ministers, extend to a road in relation to which he is or they are the traffic authority if the order forms part of a scheme of general traffic control relating to roads of which at least one has a junction with the length of road in question.

(3A)A local traffic authority may make a traffic regulation order in respect of a road in relation to which the Scottish Ministers are the traffic authority if—

(a)the order is required for the provision of facilities or the taking of a measure pursuant to a scheme implementing a bus services improvement partnership plan made by the authority under Part 2 of the Transport (Scotland) Act 2001, and

(b)the consent of the Scottish Ministers is obtained.

(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2 What a traffic regulation order may provide.

(1)A traffic regulation order may make any provision prohibiting, restricting or regulating the use of a road, or of any part of the width of a road, by vehicular traffic, or by vehicular traffic of any class specified in the order,—

(a)either generally or subject to such exceptions as may be specified in the order or determined in a manner provided for by it, and

(b)subject to such exceptions as may be so specified or determined, either at all times or at times, on days or during periods so specified.

(2)The provision that may be made by a traffic regulation order includes any provision—

(a)requiring vehicular traffic, or vehicular traffic of any class specified in the order, to proceed in a specified direction or prohibiting its so proceeding;

(b)specifying the part of the carriageway to be used by such traffic proceeding in a specified direction;

(c)prohibiting or restricting the waiting of vehicles or the loading and unloading of vehicles;

(d)prohibiting the use of roads by through traffic; or

(e)prohibiting or restricting overtaking.

(3)The provision that may be made by a traffic regulation order also includes provision prohibiting, restricting or regulating the use of a road, or of any part of the width of a road, by, or by any specified class of, pedestrians—

(a)either generally or subject to exceptions specified in the order, and

(b)either at all times or at times, on days or during periods so specified.

(4)A local traffic authority may include in a traffic regulation order any such provision—

(a)specifying through routes for heavy commercial vehicles, or

(b)prohibiting or restricting the use of heavy commercial vehicles (except in such cases, if any, as may be specified in the order) in such zones or on such roads as may be so specified,

as they consider expedient for preserving or improving the amenities of their area or of some part or parts of their area.

(5)Nothing in subsection (4) above shall be construed as limiting the scope of any power or duty to control vehicles conferred or imposed on any local authority, a strategic highways company or the Secretary of State otherwise than by virtue of that subsection.

3 Restrictions on traffic regulation orders.

(1). . . a traffic regulation order shall not be made with respect to any road which would have the effect—

(a)of preventing at any time access for pedestrians, or

(b)of preventing for more than 8 hours in any period of 24 hours access for vehicles of any class,

to any premises situated on or adjacent to the road, or to any other premises accessible for pedestrians, or (as the case may be) for vehicles of that class, from, and only from, the road.

(2)Subsection (1) above, so far as it relates to vehicles, shall not have effect in so far as the authority making the order are satisfied, and it is stated in the order that they are satisfied, that—

(a)for avoiding danger to persons or other traffic using the road to which the order relates or any other road, or

(b)for preventing the likelihood of any such danger arising, or

(c)for preventing damage to the road or buildings on or near it, or

(d)for facilitating the passage of vehicular traffic on the road, or

(e)for preserving or improving the amentities of an area by prohibiting or restricting the use on a road or roads in that area of heavy commercial vehicles,

it is requisite that subsection (1) above should not apply to the order.

(3)Provision for regulating the speed of vehicles on roads shall not be made by a traffic regulation order.

(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4 Provisions supplementary to ss. 2 and 3.

(1)A traffic regulation order may make provision for identifying any part of any road to which, or any time at which or period during which, any provision contained in the order is for the time being to apply by means of a traffic sign of a type or character specified in the order (being a type prescribed or character authorised under section 64 of this Act) and for the time being lawfully in place; and for the purposes of any such order so made any such traffic sign placed on and near a road shall be deemed to be lawfully in place unless the contrary is proved.

(2)A traffic regulation order which imposes any restriction on the use by vehicles of a road, or the waiting of vehicles in a road, may include provision with respect to the issue and display of certificates or other means of identification of vehicles which are excepted from the restriction, whether generally or in particular circumstances or at particular times.

(3)A traffic regulation order may also include provision with respect to the issue, display and operation of devices . . . for indicating the time at which a vehicle arrived at, and the time at which it ought to leave, any place in a road in which waiting is restricted by the order, or one or other of those times, and for treating the indications given by any such device as evidence of such facts and for such purposes as may be prescribed by the order.

5 Contravention of traffic regulation order.

(1)A person who contravenes a traffic regulation order, or who uses a vehicle, or causes or permits a vehicle to be used in contravention of a traffic regulation order, shall be guilty of an offence.

(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

In Greater London

6 Orders similar to traffic regulation orders.

(1)The traffic authority for a road in Greater London may make an order under this section for controlling or regulating vehicular and other traffic (including pedestrians).Provision may, in particular, be made— —

(a)for any of the purposes, or with respect to any of the matters, mentioned in Schedule 1 to this Act, and

(b)for any other purpose which is a purpose mentioned in any of paragraphs (a) to (g) of section 1(1) of this Act.

(2)In the case of a road for which the Secretary of State or a strategic highways company is the traffic authority, the power to make an order under this section is also exercisable, with his or its consent, by the local traffic authority.

(3)Any order under this section may be made so as to apply—

(a)to the whole area of a local authority, or to particular parts of that area, or to particular places or streets or parts of streets in that area;

(b)throughout the day, or during particular periods;

(c)on special occasions only, or at special times only;

(d)to traffic of any class;

(e)subject to such exceptions as may be specified in the order or determined in a manner provided for by it.

(4)Where, by a notice published in the prescribed manner by the highway authority, a date has been or is declared to be the date on which a part of a special road is open for use as a special road, this section shall not apply in relation to that part of that road or (if the date so declared is a date after the commencement of this Act) shall not apply in relation to it on or after that date.

(5)No order under this section shall contain any provision for regulating the speed of vehicles on roads.

(6)In this section, in section 7 of this Act and in Schedule 1 to this Act “street” includes any highway, any bridge carrying a highway and any lane, mews, footway, square, court, alley or passage whether a thoroughfare or not; and in subsection (4) above “the prescribed manner” means the manner prescribed by regulations made by the Secretary of State which were or are in force at the time of publication of the notice.

7 Supplementary provisions as to orders under s. 6.

(1)Any order under section 6 of this Act may make provision for identifying any part of any road to which, or any time at which or period during which, any provision contained in the order is for the time being to apply by means of a traffic sign of a type or character specified in the order (being a type prescribed or character authorised under section 64 of this Act) and for the time being lawfully in place; and, for the purposes of any order so made, any such traffic sign placed on or near a street shall be deemed to be lawfully in place unless the contrary is proved.

(2)Any such order which imposes any restriction on the use by vehicles of streets in Greater London, or the waiting of vehicles in such streets, may include provision with respect to the issue and display of certificates or other means of identification of vehicles which are excepted from the restriction, whether generally or in particular circumstances or at particular times.

(3)Any such order may also include provision with respect to the issue, display and operation of devices . . . for indicating the time at which a vehicle arrived at, and the time at which it ought to leave, any place in a street in which waiting is restricted by the order, or one or other of those times, and for treating the indications given by any such device as evidence of such facts and for such purposes as may be prescribed by the order.

(4)Any such order may provide for the suspension or modification, so long as the order remains in force, of any provisions of any Acts (whether public general or local or private, and including provisions contained in this Act), byelaws or regulations dealing with the same subject matter as the order, or of any Acts conferring power to make byelaws or regulations dealing with the same subject matter, so far as such provisions apply to any place or street to which the order applies.

(5)No appeal shall lie to the Secretary of State from the traffic commissioner for the Metropolitan Traffic Area under section 42 of the Transport Act 1985 in the case of a decision of his with respect to a London local service licence if and so far as he certifies that the decision was necessary to secure conformity with any order in force under section 6 of this Act which prescribes—

(a)the routes to be followed, or streets which are not to be used, by vehicles affected by the decision, or

(b)the places in streets where such vehicles may or may not wait, or

(c)the stopping places for such vehicles.

(6)Before the Secretary of State makes any order under section 6 of this Act which will impose new or additional duties on the police, he shall consult the the Commissioner of Police for any police area in which is situated any road or part of a road to which the order is to relate .

(7)The reference in subsection (5) above to the Metropolitan Traffic Area shall be construed as if it were contained in the Public Passenger Vehicles Act 1981.

8 Contravention of order under s. 6.

(1)Any person who acts in contravention of, or fails to comply with, an order under section 6 of this Act shall be guilty of an offence.

(1A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Experimental traffic schemes

9 Experimental traffic orders.

(1) The traffic authority for a road may, for the purposes of carrying out an experimental scheme of traffic control, make an order under this section (referred to in this Act as an “ experimental traffic order ”) making any such provision—

(a)as respects a road outside Greater London, as may be made by a traffic regulation order;

(b)as respects a road in Greater London, as may be made by an order under section 6, 45, 46, 49, or 83(2) or by virtue of section 84(1)(a) of this Act.

(2)An experimental traffic order made by a local traffic authority outside Greater London may, with the consent of the Secretary of State or a strategic highways company, extend to a road in relation to which he or it is the traffic authority if the order forms part of a scheme of general traffic control relating to roads of which at least one has a junction with the length of road in question.

(2A)In the case of a road in Greater London for which the Secretary of State or a strategic highways company is the traffic authority, the power to make an order under this section is also exercisable, with his or its consent, by the local traffic authority.

(3)An experimental traffic order shall not continue in force for longer than 18 months.

(4)Subject to Parts I to III of Schedule 9 of this Act, where—

(a)an experimental traffic order has been made for a period of less than 18 months, and

(b)the order has not ceased to be in force,

the authority by whom the order was made may from time to time by order direct that it shall continue in force for a further period ending not later than 18 months after it first came into force.

(5)Where an experimental traffic order made by a London borough council or the Common Council of the City of London has not ceased to be in force, and the Secretary of State is satisfied that—

(a)an order which the council propose to make under any of the provisions of this Act specified in subsection (1)(b) above has the sole effect of reproducing and continuing in force indefinitely the provisions of the experimental traffic order (whether or not that order has been varied, or has been modified or suspended under section 10(2) of this Act), and

(b)in consequence of the council causing a public inquiry to be held into the order so proposed to be made, they would be unable to make it so that it would come into operation before the experimental traffic order ceases to be in force,

the Secretary of State may, at the request of the council , from time to time direct that the experimental traffic order shall continue in force for a further period not exceeding 6 months from the date when it would otherwise cease to be in force.

(5A)So much of section 4(1) or 7(1) of this Act as provides for a presumption that a traffic sign is lawfully placed shall apply for the purposes of an order under this section making any such provision as is referred to in that subsection.

(6)In this section and section 10 of this Act “road”, in relation to Greater London, includes any street as defined by section 6(6) of this Act.

10 Supplementary provisions as to experimental traffic orders.

(1)An experimental traffic order—

(a)may provide for the suspension or modification, while the order is in force, of any provision previously made by or under any enactment, if it is a provision that could have been made by the order; and

(b)shall, to the extent that it is inconsistent with any provision subsequently made by or under any enactment, cease to have effect.

(2)An experimental traffic order may include provision empowering a specified officer of the authority who made the order, or a person authorised by such a specified officer, to modify or suspend the operation of the order or any provision of it if it appears to him essential—

(a)in the interests of the expeditious, convenient and safe movement of traffic,

(b)in the interests of providing suitable and adequate on-street parking facilities, or

(c)for preserving or improving the amenities of the area through which any road affected by the order runs.

The power conferred by such a provision shall be exercised only after consulting the appropriate chief officer of police and giving such public notice as the Secretary of State may direct.

(3)Any such power to modify an experimental traffic order as is mentioned in subsection (2) above does not extend to making additions to the order or to designating additional on-street parking places for which charges are made; but subject to that the modifications may be of any description.

(4)No appeal shall lie to the Secretary of State from the commissioner for the Metropolitan Traffic Area under section 42 of the Transport Act 1985 in the case of a decision of the commissioner with respect to a London local service licence if and so far as he certifies that the decision was necessary to secure conformity with an experimental traffic order prescribing—

(a)the routes to be followed, or roads which are not to be used, by vehicles affected by the decision, or

(b)the places in roads where such vehicles may or may not wait, or

(c)the stopping places for such vehicles.

(5)The Secretary of State may repay to a London borough council or the Common Council of the City of London any expenses incurred by that council in connection with any experimental traffic order made by them.

(6)The reference in subsection (4) above to the Metropolitan Traffic Area shall be construed as if it were contained in the Public Passenger Vehicles Act 1981.

11 Contravention of experimental traffic order.

(1)Any person who acts in contravention of, or fails to comply with, an experimental traffic order shall be guilty of an offence.

(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

12. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

13. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Temporary suspension

13A Temporary suspension of provisions under s. 6 or 9 orders.

(1)The Commissioner of Police of the Metropolis or the Commissioner of Police for the City of London may temporarily suspend the operation of any provision of an order made under section 6 or 9 of this Act so far as that provision relates to any road or part of a road in Greater London which is within his area, in order to prevent or mitigate congestion or obstruction of traffic, or danger to or from traffic in consequence of extraordinary circumstances.

(2)Subject to subsection (3) below, the period of suspension under subsection (1) above shall not continue for more than 7 days.

(3)If the Secretary of State gives his consent to the period of suspension being continued for more than 7 days, the suspension shall continue until the end of such period as may be specified by the Secretary of State in giving his consent.

Part II Traffic Regulation in Special Cases

14 Temporary prohibition or restriction on roads.

(1)If the traffic authority for a road are satisfied that traffic on the road should be restricted or prohibited—

(a)because works are being or are proposed to be executed on or near the road; or

(b)because of the likelihood of danger to the public, or of serious damage to the road, which is not attributable to such works; or

(c)for the purpose of enabling the duty imposed by section 89(1)(a) or (2) of the Environmental Protection Act 1990 (litter clearing and cleaning) to be discharged,

the authority may by order restrict or prohibit temporarily the use of that road, or of any part of it, by vehicles, or vehicles of any class, or by pedestrians, to such extent and subject to such conditions or exceptions as they may consider necessary.

(1A)Before making an order under subsection (1) above, the authority shall consult the National Park authority for any National Park which would be affected by the order.

(2)The traffic authority for a road may at any time by notice restrict or prohibit temporarily the use of the road, or of any part of it, by vehicles, or vehicles of any class, or by pedestrians, where it appears to them that it is—

(a)necessary or expedient for the reason mentioned in paragraph (a) or the purpose mentioned in paragraph (c) of subsection (1) above; or

(b)necessary for the reason mentioned in paragraph (b) of that subsection,

that the restriction or prohibition should come into force without delay.

(3)When considering the making of an order or the issue of a notice under the foregoing provisions an authority shall have regard to the existence of alternative routes suitable for the traffic which will be affected by the order or notice.

(4)The provision that may be made by an order or notice under the foregoing provisions is—

(a)any such provision as is mentioned in section 2(1), (2) or (3) or 4(1) of this Act; or

(b)any provision restricting the speed of vehicles;

but no such order or notice shall be made or issued with respect to any road which would have the effect of preventing at any time access for pedestrians to any premises situated on or adjacent to the road, or to any other premises accessible for pedestrians from, and only from, the road.

(5)Where any such order or notice is made or issued by an authority (in this subsection referred to as the “initiating authority”) any such provision as is mentioned in subsection (4) above may be made as respects any alternative road—

(a)if that authority is the traffic authority for the alternative road, by an order made by the initiating authority or by that notice;

(b)if the initiating authority is not the traffic authority for the alternative road, by an order made by the initiating authority with the consent of the traffic authority for the alternative road.

(6)Section 3(1) and (2) of this Act shall apply to the provisions that may be made under subsection (5) above as they apply to the provisions of a traffic regulation order.

(7)An order or notice made or issued under this section may—

(a)suspend any statutory provision to which this subsection applies; or

(b)for either of the reasons or for the purpose mentioned in subsection (1) above suspend any such provision without imposing any such restriction or prohibition as is mentioned in subsection (1) or (2) above.

(8)Subsection (7) above applies to—

(a)any statutory provision of a description which could have been contained in an order or notice under this section;

(b)an order under section 32(1)(b), 35, 45, 46 or 49 of this Act or any such order as is mentioned in paragraph 11(1) of Schedule 10 to this Act; and

(c)an order under section 6 of this Act so far as it designates any parking places in Greater London.

(9)In this section “alternative road”, in relation to a road as respects which an order is made under subsection (1) or a notice is issued under subsection (2) above, means a road which—

(a)provides an alternative route for traffic diverted from the first-mentioned road or from any other alternative road; or

(b)is capable of providing such an alternative route apart from any statutory provision authorised by subsection (7) above to be suspended by an order made or notice issued by virtue of subsection (5) above.

15 Duration of orders and notices under s.14.

(1)Subject to subsections (2), (3) and (5) below, an order under section 14 of this Act shall not continue in force—

(a)if it is in respect of a footpath, bridlewayrestricted byway,, cycle track or byway open to all traffic, for more than six months; and

(b)in any other case, for more than eighteen months,

from the date on which it comes into force.

(2)The time-limit of eighteen months in subsection (1) above shall not apply to an order made for the reason mentioned in section 14(1)(a) of this Act if the authority making it are satisfied, and it is stated in the order that they are satisfied, that the execution of the works in question will take longer; but in any such case the authority shall revoke the order as soon as the works are completed.

(3)Where an order subject to the time-limit of eighteen months in subsection (1) above (in this subsection referred to as “the temporary order”) has not ceased to be in force and the national authority is satisfied that—

(a)an order which the authority that made the temporary order proposes to make under any other provision of this Act has the sole effect of reproducing the provisions of the temporary order and continuing them in force; and

(b)in consequence of the procedure required to be followed in connection with the making of the proposed order the authority that made the temporary order would be unable to make it so that it would come into operation before the temporary order ceases to be in force,

the national authority may, subject to subsection (4) below, from time to time direct that the temporary order shall continue in force for a further period not exceeding six months from the date on which it would otherwise cease to be in force.

(4)Where the national authority is not ... the authority that made the temporary order the national authority shall not give a direction under subsection (3) above except at the request of the authority that made the temporary order.

(5)The national authority may, at the request of an authority that has made an order subject to the time-limit of six months in subsection (1) above, from time to time direct that the order shall continue in force for a further period from the date on which it would otherwise cease to be in force.

(6)Where the national authority refuses a request under subsection (5) above in respect of an order no further order to which that subsection applies shall be made in respect of any length of road to which the previous order related unless the national authority has consented to the making of the further order or at least three months have expired since the date on which the previous order ceased to be in force.

(7)A notice under section 14 of this Act shall not continue in force—

(a)if issued for the reason mentioned in paragraph (a) or the purpose mentioned in paragraph (c) of subsection (1) of that section, for more than five days from the date of the notice;

(b)if issued for the reason mentioned in paragraph (b) of that subsection, for more than twenty-one days from that date;

but the national authority may by regulations alter the number of days for the time being specified in this subsection.

(8)Provided that no restriction or prohibition imposed under section 14 of this Act in respect of any length of road remains in force for more than the period applicable to an order in respect of the road under subsection (1) above (except by virtue of subsection (2), (3) or (5) above and subject to subsection (6) above)—

(a)a restriction or prohibition imposed by an order under that section may be continued by a further order or further orders under that section; and

(b)a restriction or prohibition imposed by a notice under that section may be continued—

(i)by an order under that section; or

(ii)if the notice was issued for the reason mentioned in subsection (1)(b) of that section, by one (but not more than one) further notice under that section.

(9)In the application of this section to England and Wales—

(a)“footpath” does not include a highway over which the public have a right of way on foot only which is at the side of a public road;

(b)“cycle track” has the same meaning as in the Highways Act 1980; and

(c)“byway open to all traffic” means a highway over which the public have a right of way for vehicular and all other kinds of traffic but which is used by the public mainly for the purpose for which footpaths and bridleways are used.

(10)In the application of this section to Scotland “footpath” and “cycle track” have the same meaning as in the Roads (Scotland) Act 1984.

16 Supplementary provisions as to orders and notices under s. 14.

(1)A person who contravenes, or who uses or permits the use of a vehicle in contravention of, a restriction or prohibition imposed under section 14 of this Act shall be guilty of an offence.

( 2 )The national authority may make regulations with respect to the procedure to be followed in connection with the making of orders and the issue of notices under section 14 of this Act including provision for notifying the public of the exercise, or proposed exercise, of the powers conferred by that section and of the effect of orders and notices made or issued in the exercise of those powers.

(2A)Without prejudice to the generality of subsection (2) above, the national authority may by regulations under that subsection make, in relation to such orders as the national authority thinks appropriate, provision—

(a)for the making and consideration of objections to a proposed order; and

(b)for any of the matters mentioned in paragraph 22(1) of Schedule 9 to this Act;

and paragraph 25 of that Schedule shall apply to regulations under that subsection as it applies to regulations under Part III of that Schedule, taking references to orders as including both orders and notices.

(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

16A Prohibition or restriction on roads in connection with certain events.

(1) In this section “ relevant event ” means any sporting event, social event or entertainment which is held on a road.

(2)If the traffic authority for a road are satisfied that traffic on the road should be restricted or prohibited for the purpose of—

(a)facilitating the holding of a relevant event,

(b)enabling members of the public to watch a relevant event, or

(c)reducing the disruption to traffic likely to be caused by a relevant event,

the authority may by order restrict or prohibit temporarily the use of that road, or any part of it, by vehicles or vehicles of any class or by pedestrians, to such extent and subject to such conditions or exceptions as they may consider necessary or expedient.

(3)Before making an order under this section the authority shall satisfy themselves that it is not reasonably practicable for the event to be held otherwise than on a road.

(4)An order under this section—

(a)may not be made in relation to any race or trial falling within subsection (1) of section 12 of the Road Traffic Act 1988 (motor racing on public ways) unless a motor race order under section 12D of that Act is made in relation to the race or trial or it is authorised by or under regulations under section 12G of that Act;

(b)may not be made in relation to any competition or trial falling within subsection (1) of section 13 of that Act (regulation of motoring events on public ways) unless the competition or trial is authorised by or under regulations under that section; and

(c)may not be made in relation to any race or trial falling within subsection (1) of section 31 of that Act (regulation of cycle racing on public ways) unless the race or trial is authorised by or under regulations made under that section.

(5)An order under this section may relate to the road on which the relevant event is to be held or to any other road.

(6)In the case of a road for which the Secretary of State or a strategic highways company is the traffic authority, the power to make an order under this section is also exercisable, with his or its consent, by the local traffic authority or by any local traffic authority which is the traffic authority for any other road to which the order relates.

(7)In the case of a road for which a local traffic authority is the traffic authority, the power to make an order under this section is also exercisable, with the consent of that local traffic authority, by a local traffic authority which is the traffic authority for any other road to which the order relates.

(8)When considering the making of an order under this section, an authority shall have regard to the safety and convenience of alternative routes suitable for the traffic which will be affected by the order.

(9)The provision that may be made by an order under this section is—

(a)any such provision as is mentioned in section 2(1), (2) or (3) or 4(1) of this Act;

(b)any provision restricting the speed of vehicles; or

(c)any provision restricting or prohibiting—

(i)the riding of horses, or

(ii)the leading or driving of horses, cattle, sheep or other animals,

but no such order shall be made with respect to any road which would have the effect of preventing at any time access for pedestrians to any premises situated on or adjacent to the road, or to any other premises accessible for pedestrians from, and only from, the road.

(10)An order under this section may—

(a)suspend any statutory provision to which this subsection applies; or

(b)for any of the purposes mentioned in subsection (2) above, suspend any such provision without imposing any such restriction or prohibition as is mentioned in that subsection.

(11)Subsection (10) above applies to—

(a)any statutory provision of a description which could have been contained in an order under this section;

(b)an order under section 32(1)(b), 35, 45, 46 or 49 of this Act or any such order as is mentioned in paragraph 11(1) of Schedule 10 to this Act; and

(c)an order under section 6 of this Act so far as it designates any parking places in Greater London.

(12)An order under this section that is made for the purposes of a race or trial of speed in relation to which a motor race order under section 12D of the Road Traffic Act 1988 has been made , or that has been authorised by or under regulations under section 12G of that Act, may also suspend—

(a)regulations under section 25(1);

(b)section 28(1);

(c)an order under section 29(1);

(d)byelaws under section 31(1);

(e)any provision made by or under Part 4.

16B Restrictions on orders under s. 16A.

(1)An order under section 16A of this Act shall not continue in force for a period of more than three days beginning with the day on which it comes into force unless—

(a)the order is made by the Secretary of State or a strategic highways company as the traffic authority for the road concerned; or

(b)before the order is made, he or it has agreed that it should continue in force for a longer period.

(2)Where an order under section 16A of this Act has not ceased to be in force and the relevant event to which it relates has not ended, the Secretary of State or a strategic highways company may, subject to subsections (4) and (5) below, from time to time direct that the order shall continue in force for a further period not exceeding three days beginning with the day on which it would otherwise cease to be in force.

(3)A direction under subsection (2) above may relate to all the roads to which the order under section 16A of this Act relates or only to specified roads.

(4)Where an order under section 16A of this Act relates only to roads for which the Secretary of State or a strategic highways company (whichever made the order or agreed that it should continue in force) is not the traffic authority, he or it shall not give a direction under subsection (2) above except at the request of the traffic authority for any road to which the order relates.

(5)Where an order under section 16A of this Act relates to any road for which the Secretary of State or a strategic highways company (whichever made the order or agreed that it should continue in force) is not the traffic authority, he or it shall not give a direction under subsection (2) above affecting that road except with the consent of the traffic authority for that road.

(6)Where an order has been made under section 16A of this Act in any calendar year, no further order may be made under that section in that year so as to affect any length of road affected by the previous order, unless the further order—

(a)is made by the Secretary of State or a strategic highways company as the traffic authority for the road concerned; or

(b)is made with his or its consent.

(7)For the purposes of subsection (6) above, a length of road is affected by an order under section 16A of this Act if the order contains provisions—

(a)prohibiting or restricting traffic on that length of road; or

(b)suspending any statutory provision applying to traffic on that length of road.

16C Supplementary provisions as to orders under s. 16A.

(1)A person who contravenes, or who uses or permits the use of a vehicle in contravention of, a restriction or prohibition imposed by an order under section 16A of this Act shall be guilty of an offence.

(2)The Secretary of State may make regulations with respect to the procedure to be followed in connection with the making of orders under section 16A of this Act including provision for notifying the public of the exercise or proposed exercise of the powers conferred by that section and of the effect of orders made in the exercise of those powers.

(3)Without prejudice to the generality of subsection (2) above, the Secretary of State may by regulations under that subsection make, in relation to such orders as he thinks appropriate, provision—

(a)for the making and consideration of representations relating to a proposed order; and

(b)for any of the matters mentioned in paragraph 22(1)(a), (c), (d) or (e) of Schedule 9 to this Act;

and paragraph 25 of that Schedule shall apply to regulations under that subsection as it applies to regulations under Part III of that Schedule.

17 Traffic regulation on special roads.

( 1 )A special road shall not be used except by traffic of a class authorised to do so—

(a)in England and Wales, by a scheme made, or having effect as if made, under section 16 of the Highways Act 1980 or by virtue of paragraph 3 of Schedule 23 to that Act, or

(b)in Scotland, by a scheme made, or having effect as if made, under section 7 of the Roads (Scotland) Act 1984.

(2)Regulations may make provision with respect to the use of special roads, Such regulations may, in particular—

(a)regulate the manner in which and the conditions subject to which special roads may be used by traffic authorised to do so;

(b)authorise, or enable such authority as may be specified in the regulations to authorise, the use of special roads on occasion or in an emergency or for the purpose of crossing, or for the purpose of securing access to premises abutting on or adjacent to the roads, by traffic other than that described in paragraph (a) above; . . .

(c)relax, or enable any authority so specified to relax, any prohibition or restriction imposed by the regulations.

( d )include provisions having effect in such places, at such times, in such manner or in such circumstances as may for the time being be indicated by traffic signs in accordance with the regulations.

(3)Regulations made under subsection (2) above may make provision with respect to special roads generally, or may make different provision with respect to special roads provided for the use of different classes of traffic, or may make provision with respect to any particular special road.

(3ZA)The power to make provision of the following kinds by regulations under subsection (2) is exercisable by the Scottish Ministers—

(a)provision with respect to a particular special road in Scotland;

(b)provision for regulating the speed of vehicles on special roads in Scotland.

(3ZAA)The power to make provision of the following kinds by regulations under subsection (2) is exercisable by the Welsh Ministers—

(a)provision with respect to a particular special road in Wales;

(b)provision for regulating the speed of vehicles on special roads in Wales.

(3ZB)The power to make provision of any other kind by regulations under subsection (2) is exercisable by the Secretary of State.

(3ZC)In relation to special roads in Scotland that power of the Secretary of State is exercisable only after consultation with the Scottish Ministers.

(3ZCA)In relation to special roads in Wales, that power of the Secretary of State is exercisable only after consultation with the Welsh Ministers.

(3ZD). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3A)Before making regulations under subsection (2) above, the Scottish Ministers shall consult the National Park authority for any National Park which would be affected by the regulations.

(a)the National Park authority for any National Park which would be affected by the regulations. ...

(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3B)Before making regulations under subsection (2), the Welsh Ministers must consult the National Park authority for any National Park that would be affected by the regulations.

(4)If a person uses a special road in contravention of this section or of regulations under subsection (2) above, he shall be guilty of an offence.

( 5 )The provisions of this section and of any regulations under subsection (2) above do not apply in relation to a road, or part of a road, until the date declared by the traffic authority, by notice published in the prescribed manner, to be the date on which the road or part is open for use as a special road.

This does not prevent the making of regulations under subsection (2) above before that date, so as to come into force in relation to that road or part on that date.

(6) In this section “ use ”, in relation to a road, includes crossing, . . .

17A Further provisions as to special roads.

(1)On the date declared by the traffic authority, by notice published in the prescribed manner, to be the date on which a special road, or a part of a special road, is open for use as a special road, any existing order under section 1, 6, 9 or 84 of this Act relating to that road or part shall cease to have effect.

(2)This is without prejudice to any power to make orders under those provisions in relation to the road or part as a special road; and any such power may be exercised before the date referred to above, so as to take effect on that date.

(3)The procedure for making an order applies in such a case with such modifications as may be prescribed.

18 One-way traffic on trunk roads.

(1)Where the Secretary of State proposes to make an order under section 10 of the Highways Act 1980 or section 5 of the Roads (Scotland) Act 1984 directing that a road shall become a trunk road, and considers it expedient—

(a)that the road, when it becomes a trunk road, should be used only for traffic passing in one direction, and

(b)that any other road which is a trunk road, or is to become a trunk road by virtue of the order, should be used only for traffic passing in the other direction,

the order may make provision for restricting the use of those roads accordingly as from such date as may be specified in the order.

(2)Subsection (1) above shall have effect without prejudice to the powers of the Secretary of State under section 1 of this Act.

(3)A person who uses a vehicle, or causes or permits a vehicle to be used, in contravention of any provision made by virtue of subsection (1) above shall be guilty of an offence.

19 Regulation of use of highways by public service vehicles.

(1)A local traffic authority outside Greater London or a strategic highways company may make orders—

(a)for determining the highways or, in Scotland, roads in their area which may or may not be used by public service vehicles;

(b)for fixing stands for public service vehicles on such highways or roads;

(c)as to the places at which public service vehicles may stop for a longer time than is necessary for taking up and setting down passengers; and

(d)as to the manner of using such stands and places.

(2)Any such order may be made—

(a)so as to apply only to public service vehicles of a specified class, or

(b)so as to have effect as respects a limited period only or as respects only limited periods in the year,

and may make different provision for different classes of public service vehicles.

(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

20 Prohibition or restriction of use of vehicles on roads of certain classes.

(1)The Secretary of State, if he is satisfied that it is desirable to do so, may by order made by statutory instrument prohibit or restrict, subject to such exceptions and conditions as to occasional use or access to premises or otherwise as may be specified in the order, the driving of vehicles on all roads of any such class as may be specified in the order.

(2)A prohibition or restriction under this section may be imposed either generally or in relation to any class of vehicle; and for the purposes of this section the Secretary of State may classify roads in any manner he thinks fit, having regard to their character and situation or the nature of the traffic to which they are suited, and may determine in what class any particular road shall be included.

(3)No order under this section shall be made or apply in relation to a special road 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.

(4)A statutory instrument by which an order under this section is made, revoked or varied shall not have effect unless and until it has been approved by a resolution of each House of Parliament.

(5)A person who drives a vehicle, or causes or permits a vehicle to be driven, in contravention of an order under this section shall be guilty of an offence.

21 Permit for trailer to carry excess weight.

(1)As regards any road or bridge the appropriate authority may, subject to such conditions as they think fit, grant a permit in respect of any trailer specified in the permit, when drawn by a heavy locomotive or a light locomotive on the road or bridge, to carry weights specified in the permit, notwithstanding that, when conveying such weights, the trailer does not comply with any regulations made, or having effect as if made, by the Secretary of State under section 41 of the Road Traffic Act 1988 as to the weight laden of trailers or as to the maximum weight which may be transmitted to the road or any part of it by trailers.

(2)Where such a permit is granted in respect of a trailer it shall not, so long as the conditions (if any) attached to the permit are complied with, be an offence to carry on the road or bridge weights authorised by the permit by reason only that the trailer, when conveying them, does not comply with any such regulations.

(3)The appropriate authority for the purposes of this section is—

(a)in relation to a bridge for the maintenance of which a bridge authority is responsible, or a road passing over such a bridge, the bridge authority;

(b)in relation to any other road, the traffic authority and any other person responsible for the maintenance of the road.

22 Traffic regulation for special areas in the countryside.

(1)This section applies to roads of the following descriptions, that is to say—

(a)in the case of England and Wales . . . roads in, or forming part of, or adjacent to or contiguous with—

(i)a National Park,

(ii)an area of outstanding natural beauty, designated as such under section 82 of the Countryside and Rights of Way Act 2000

(iii)a country park provided under section 7(1) of the Countryside Act 1968 which in the opinion of the Secretary of State serves the purpose set out in section 6(1) of that Act when the considerations in paragraphs (a) and (b) of that subsection are taken into account, and any park or pleasure ground in the Lee Valley Regional Park which in the opinion of the Secretary of State serves that purpose,

(iv)an area in which Natural England is conducting an experimental scheme under section 8 of the Natural Environment and Rural Communities Act 2006 , or in which the Natural Resources Body for Wales is conducting a scheme under article 10C of the Natural Resources Body for Wales (Establishment) Order 2012 (S.I. 2012/1903) that is designed to facilitate the enjoyment of the countryside or to conserve or enhance its natural beauty or amenity ,

(v) a nature reserve or an area subject to an SSSI agreement ...,

(vi)a long distance route, . . .

(vii)land belonging to the National Trust which is held by the Trust inalienably; or

(viii)a site of special scientific interest (within the meaning of the Wildlife and Countryside Act 1981); and

( b )in the case of Scotland, roads in, or forming part of, or adjacent to or contiguous with—

(i)a country park within the meaning of section 48 of the Countryside (Scotland) Act 1967;

(ii) a National Scenic Area designated under section 262C of the Town and Country Planning (Scotland) Act 1972 by a direction made by the Scottish Ministers under section 263A of the Town and Country Planning (Scotland) Act 1997 ;

(iii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(iv)an area in respect of which Scottish Natural Heritage has prepared proposals for a development project or scheme under section 5 of the Natural Heritage (Scotland) Act 1991;

(v)a nature reserve within the meaning of section 15 of the National Parks and Access to the Countryside Act 1949 or an area which is subject to an agreement under section 15 of the Countryside Act 1968 (areas of special scientific interest);

(vi)a long distance route within the meaning of section 54 of the said Act of 1967 (power to make byelaws);

(vii)land belonging to the National Trust for Scotland which is held by the Trust inalienably; or

(viii) open country, being land which appears to the Secretary of State to consist wholly or predominantly of mountain, moor, heath, hill, woodland, cliff or foreshore, and any waterway; and in this sub-paragraph “ waterway ” and “ foreshore ” shall include any bank, barrier, dune, beach, flat or other land adjacent to the waterway or foreshore.

(2)This Act shall have effect as respects roads to which this section applies as if the list of purposes for which a traffic regulation order may be made under section 1 of this Act, as set out in paragraphs (a) to (g) of subsection (1) of that section and referred to in section 6(1)(b) of this Act , included the purpose of conserving or enhancing the natural beauty of the area, or of affording better opportunities for the public to enjoy the amenities of the area, or recreation or the study of nature in the area.

( 3 )Natural England, the Natural Resources Body for Wales and the Scottish Natural Heritage 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.

(4A) In subsection (1)(a)(v) above, “ SSSI agreement ” has the same meaning as in section 15A of the Countryside Act 1968

(5)In subsection (2) above the reference to conserving the natural beauty of an area shall be construed as including a reference to conserving its flora, fauna and geological and physiographical features.

22A Traffic regulation on certain roads for purpose of conserving natural beauty.

(1)This section applies to roads other than—

(a)roads to which section 22 of this Act applies,

(b)special roads, or

(c)any road which is a trunk road, a classified road, a GLAroad, a cycle track, a bridleway, a restricted byway or a footpath, as those expressions are defined by section 329 of the Highways Act 1980.

(2)This Act shall have effect as respects roads to which this section applies as if, in relation to the making of provision with respect to vehicular traffic, the list of purposes for which a traffic regulation order under section 1 of this Act may be made, as set out in paragraphs (a) to (g) of subsection (1) of that section and referred to in section 6(1)(b) of this Act, included the purpose of conserving or enhancing the natural beauty of the area.

(3)In subsection (2) above the reference to conserving the natural beauty of an area shall be construed as including a reference to conserving its flora, fauna and geological and physiographical features.

22BBTraffic regulation on byways etc. in National Parks in England and Wales

(1)This section applies to a road—

(a)which is in a National Park in England or Wales,

(b)which is—

(i)shown in a definitive map and statement as a byway open to all traffic, a restricted byway, a bridleway or a footpath, or

(ii)a carriageway whose surface, or most of whose surface, does not consist of concrete, tarmacadam, coated roadstone or other prescribed material, and

(c)in respect of which no relevant order is in force.

(2)The National Park authority may—

(a)for a purpose mentioned in section 1(1)(a) to (g) or 22(2), by order make in respect of the road any such provision as is mentioned in section 2(1), (2) or (3) or 4(1);

(b)for the purpose of carrying out an experimental scheme of traffic control, by order make in respect of the road any such provision as is mentioned in section 2(1), (2) or (3) or 4(1);

(c)for a reason given in section 14(1)(a) or (b) or for a purpose mentioned in section 14(1)(c) or 22(2), by order make in respect of the road—

(i)any such provision as is mentioned in section 2(1), (2) or (3) or 4(1), or

(ii)any provision restricting the speed of vehicles.

(3)This Act has effect, subject to subsection (4) and any prescribed modifications, in relation to an order by a National Park authority under subsection (2)(a), (b) or (c) as it has effect in relation to an order by a local traffic authority under section 1, 9 or 14(1).

(4)Before making any order under subsection (2), the National Park authority must consult any authority which is a highway authority for the road.

22BCSection 22BB: supplementary

(1)Expressions used in section 22BB(1)(b) that are defined for the purposes of Part 3 of the Wildlife and Countryside Act 1981 by section 66(1) of that Act have the same meaning as in that Part.

(2)In section 22BB(1)(c) “relevant order” means—

(a)a traffic regulation order,

(b)an experimental traffic order,

(c)an order under section 14(1),

(d)an order under section 22(4), or

(e)an order under section 22B,

but does not include an order made under section 22BB(2).

(3)In section 22BB “prescribed” means prescribed by regulations made—

(a)in relation to England, by the Secretary of State;

(b)in relation to Wales, by the National Assembly for Wales.

(4)Any functions exercisable by the National Assembly for Wales by virtue of this section are to be treated for the purposes of section 44 of the Government of Wales Act 1998 (parliamentary procedures for subordinate legislation) as if made exercisable by the Assembly by an Order in Council under section 22 of that Act.

22CTerrorism

(1)An order may be made under section 1(1)(a) for the purpose of avoiding or reducing, or reducing the likelihood of, danger connected with terrorism (for which purpose the reference to persons or other traffic using the road shall be treated as including a reference to persons or property on or near the road).

(2)An order may be made under section 1(1)(b) for the purpose of preventing or reducing damage connected with terrorism.

(3)An order under section 6 made for a purpose mentioned in section 1(1)(a) or (b) may be made for that purpose as qualified by subsection (1) or (2) above.

(4)An order may be made under section 14(1)(b) for a purpose relating to danger or damage connected with terrorism.

(5)A notice may be issued under section 14(2)(b) for a purpose relating to danger or damage connected with terrorism.

(6)In this section “terrorism” has the meaning given by section 1 of the Terrorism Act 2000 (c. 11).

(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8)In Wales an order made, or notice issued, by virtue of this section may be made or issued only with the consent of the Secretary of State if the traffic authority is the National Assembly for Wales.

22CASection 22C: power to impose charges

(1)This section applies where a traffic authority—

(a)makes, or proposes to make, an order by virtue of section 22C, or

(b)issues, or proposes to issue, a notice by virtue of that section,

for the purpose of protecting a relevant event or a relevant site from danger or damage connected with terrorism.

(2)The authority may impose a charge of such amount as it thinks reasonable in respect of anything done in connection with or in consequence of the order or notice (or proposed order or notice).

(3)The charge is payable—

(a)in the case of a relevant event, by the person promoting or organising the event;

(b)in the case of a relevant site, by the occupier of the site.

(4)But a charge may not be imposed in relation to the holding of a relevant event if the event is a public procession, or public assembly, held for the purpose of—

(a)demonstrating support for, or opposition to, the views or actions of any person or body of persons,

(b)publicising a cause or campaign, or

(c)marking or commemorating an event.

(5)In this section—

• “public assembly” means an assembly of two or more persons in a public place which is wholly or partly open to the air;

• “public place” means—

  (a)

  any highway or, in Scotland, any road within the meaning of the Roads (Scotland) Act 1984, and

  (b)

  any place to which at the material time the public, or any section of the public, has access (on payment or otherwise) as of right or by virtue of an express or implied permission;

• “public procession” means a procession in a public place;

• “relevant event” means—

  (a)

  a sporting event, social event or entertainment, or

  (b)

  any other event that is organised for commercial, charitable or not for profit purposes;

• “relevant site” means a site on which activities are carried out in connection with the supply of essential goods or services.

(6)The reference in the definition of “relevant site” to essential goods or services is a reference to goods or services disruption in the supply of which would cause, or would create a significant risk of, serious damage to—

(a)human welfare in a place in the United Kingdom,

(b)the environment of a place in the United Kingdom,

(c)the economy of the United Kingdom, or

(d)the national security of the United Kingdom.

(7)For the purposes of subsection (6)(a) disruption in the supply of goods, systems or services causes serious damage to human welfare only if it causes—

(a)loss of human life,

(b)human illness or injury,

(c)disruption of a supply of money, food, water, energy or fuel,

(d)disruption of a system of communication,

(e)disruption of facilities for transport, or

(f)disruption of services relating to health.

(8)References in this section to the supply of services include references to the provision of systems or facilities.

22DSection 22C: supplemental

(1)An order may be made , and a notice may be issued, by virtue of section 22C only on the recommendation of the chief officer of police for the area to which the order or notice relates.

(1A)Any statutory requirement to publish a proposal for, or a notice of, the making of an order does not apply to an order made by virtue of section 22C if the chief officer of police for the area to which the order relates considers that to do so would risk undermining the purpose for which the order is made.

(2)The following shall not apply in relation to an order made , or a notice issued, by virtue of section 22C—

(a)section 3,

(b)section 6(5),

(c)the words in section 14(4) from “but” to the end,

(d)section 121B, and

(e)paragraph 13(1)(a) of Schedule 9.

(3)Sections 92 and 94 shall apply in relation to an order under section 14 made , or a notice under that section issued, by virtue of section 22C as they apply in relation to an order under section 1 or 6.

(4)An order made , or a notice issued, by virtue of section 22C, or an authorisation or requirement by virtue of subsection (3) above, may authorise the undertaking of works for the purpose of, or for a purpose ancillary to, another provision of the order, notice, authorisation or requirement.

(5)An order made , or a notice issued, by virtue of section 22C may—

(a)enable a constable to direct that a provision of the order or notice shall (to such extent as the constable may specify) be commenced, suspended or revived;

(b)confer a discretion on a constable;

(c)make provision conferring a power on a constable in relation to the placing of structures or signs (which may, in particular, apply a provision of this Act with or without modifications).

(d)enable a constable to authorise a person of a description specified in the order or notice to do anything that the constable could do by virtue of this subsection.

Part III Crossings and Playgrounds

Pedestrian crossings

23 Powers of strategic highways companies and local traffic authorities with respect to pedestrian crossings

( 1 )A strategic highways company or alocal 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.

(2)Before establishing, altering, or removing a crossing a strategic highways company or alocal traffic authority —

(a)shall consult the chief officer of police about their proposal to do so; and

(b)shall give public notice of that proposal; ...

(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)It shall be the duty of a strategic highways company or a local traffic authority to execute any works (including the placing, erection, maintenance, alteration and removal of marks and traffic signs) required—

(a)in connection with the establishment, alteration or removal of crossings in accordance with regulations having effect under section 25 of this Act, or

(b)in connection with the indication of crossings in accordance with such regulations.

(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

24 Pedestrian crossings on other roads.

The national authority shall establish on roads for which the national authority is the traffic authority such crossings for pedestrians as the national authority considers necessary, and execute any works (including the placing, erection, maintenance, alteration and removal of marks and traffic signs) required in connection with the establishment of those crossings.

25 Pedestrian crossing regulations.

(1)The relevant authority may make regulations with respect to the precedence of vehicles and pedestrians respectively, and generally with respect to the movement of traffic (including pedestrians), at and in the vicinity of crossings.

(2)Without prejudice to the generality of subsection (1) above, regulations under that subsection may be made—

(a)prohibiting pedestrian traffic on the carriageway within 100 yards of a crossing, and

(b)with respect to the indication of the limits of a crossing, or of any other matter whatsoever relating to the crossing, by marks or devices on or near the roadway or otherwise, and generally with respect to the erection of traffic signs in connection with a crossing.

(3)Different regulations may be made under this section in relation to different traffic conditions, and in particular (but without prejudice to the generality of the foregoing words) different regulations may be made in relation to crossings in the vicinity of, and at a distance from, a junction of roads, and in relation to traffic which is controlled by the police, and by traffic signals, and by different kinds of traffic signals, and traffic which is not controlled.

(4)Regulations may be made under this section applying only to a particular crossing or particular crossings specified in the regulations.

(5)A person who contravenes any regulations made under this section shall be guilty of an offence.

(6)In this section “crossing” means a crossing for pedestrians established—

(a)by a local authority under section 23 of this Act, or

(b)by the national authority in the discharge of the duty imposed on the national authority by section 24 of this Act,

and (in either case) indicated in accordance with the regulations having effect as respects that crossing; and, for the purposes of a prosecution for a contravention of the provisions of a regulation having effect as respects a crossing, the crossing shall be deemed to be so established and indicated unless the contrary is proved.

(7)In this section “"relevant authority”” means—

(a)in relation to a function so far as exercisable within devolved competence, within the meaning of the Scotland Act 1998, means the Scottish Ministers;

(b)in relation to a function so far as exercisable within devolved competence, within the meaning given by section 58A(7) and (8) of the Government of Wales Act 2006, means the Welsh Ministers;

(c)otherwise, means the Secretary of State.

School crossings

26 Arrangements for patrolling school crossings.

(1)Arrangements may be made by the appropriate authority for the patrolling of places where children cross roads on their way to or from school, or from one part of a school to another, . . . by persons appointed by or on behalf of the appropriate authority, other than constables.

(1A)Arrangements under subsection (1) above may be made for patrolling places at such times as the appropriate authority think fit.

(1A)Arrangements under subsection (1) above may be made for patrolling places at such times as the authority thinks fit.

(2)For the purposes of this section, in its application to England and Wales, the appropriate authority—

(a)as respects places outside Greater London shall be the council of the county or metropolitan district in which the places in question are;

(b)as respects places in the City of London, shall be the Common Council of the City; and

(c)as respects places in a London borough, shall be the council for the borough,

and for the purposes of this section, in its application to Scotland, the appropriate authority shall be the council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 .

(3)The functions of the appropriate authority for the purposes of arrangements under subsection (1) above shall include the duty to satisfy themselves of the adequate qualifications of persons appointed to patrol, and to provide requisite training of persons to be appointed.

(4)In taking decisions as to making arrangements under subsection (1) above—

(a)in England or Wales, the council of a county or metropolitan district . . ., shall have regard to any representations made to them . . . by local authorities for localities in the county or , metropolitan district . . ., as the case may be, and

(b)in Scotland, the regional council shall have regard to any representations made to them by district councils for areas in the region.

(4A)Before making arrangements under subsection (1) above for the patrolling of places where children cross GLAroads, a London borough council or the Common Council of the City of London must consult Transport for London and take account of any representations made by Transport for London.

(5)Any arrangements under subsection (1) above—

(a)if made in England or Wales by the council of the county ,London boroughor metropolitan district as respects places in the county , London borough or district , may include an agreement between that council and the chief officer of police of the police force maintained for the police area in which those places are, or

(b)if made in Scotland by a regional council, may include an agreement between that council and any district council whose area comprises the place to which the arrangements relate,

for the performance by the chief officer , or, in Scotland, the district council, on such terms as may be specified in the agreement, of such functions for the purposes of the arrangements as may be so specified.

27. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

28 Stopping of vehicles at school crossings.

(1)When . . . a vehicle is approaching a place in a road where a person is crossing or seeking to cross the road, a school crossing patrol wearing a uniform approved by the national authority shall have power, by exhibiting a prescribed sign, to require the person driving or propelling the vehicle to stop it.

(2)When a person has been required under subsection (1) above to stop a vehicle—

(a)he shall cause the vehicle to stop before reaching the place where the person is crossing or seeking to cross and so as not to stop or impede his crossing, and

(b)the vehicle shall not be put in motion again so as to reach the place in question so long as the sign continues to be exhibited.

(3)A person who fails to comply with paragraph (a) of subsection (2) above, or who causes a vehicle to be put in motion in contravention of paragraph (b) of that subsection, shall be guilty of an offence.

(4)In this section—

(a)“prescribed sign” means a sign of a size, colour and type prescribed by regulations made by the national authority or, if authorisation is given by the national authority for the use of signs of a description not so prescribed, a sign of that description;

(b)“school crossing patrol” means a person authorised to patrol in accordance with arrangements under section 26 of this Act;

and regulations under paragraph (a) above may provide for the attachment of reflectors to signs or for the illumination of signs.

(5)For the purposes of this section—

(a)where it is proved that a sign was exhibited by a school crossing patrol, it shall be presumed, unless the contrary is proved, to be of a size, colour and type prescribed, or of a description authorised, under subsection (4)(b) above, and, if it was exhibited in circumstances in which it was required by the regulations to be illuminated, to have been illuminated in the prescribed manner; and

(b)where it is proved that a school crossing patrol was wearing a uniform, the uniform shall be presumed, unless the contrary is proved, to be a uniform approved by the national authority ; . . .

(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Street playgrounds

29 Power to prohibit traffic on roads to be used as playgrounds.

(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.

30. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

31 Byelaws with respect to roads used as playgrounds.

(1)Where an order is or has been made under section 29 of this Act, the local traffic authority may make byelaws authorising the use of the road as a playground for children and making provision—

(a)with respect to the admission of children to the road when used as a playground;

(b)with respect to the safety of children so using the road and their protection from injury by vehicles using the road for access to premises situated on or adjacent to it or otherwise; and

(c)generally with respect to the proper management of the road when used as a playground for children.

(2)Byelaws under this section made by a local traffic authority in England shall be subject to confirmation by the Secretary of State .

Part IV Parking Places

Provision of off-street parking, and parking on roads without payment

32 Power of local authorities to provide parking places.

(1)Where for the purpose of relieving or preventing congestion of traffic it appears to a local authority to be necessary to provide within their area suitable parking places for vehicles, the local authority, subject to Parts I to III of Schedule 9 to this Act—

(a)may provide off-street parking places (whether above or below ground and whether or not consisting of or including buildings) together with means of entrance to and egress from them, or

(b)may by order authorise the use as a parking place of any part of a road within their area, not being a road the whole or part of the width of which is within Greater London.

(2)A local authority may adapt for use as, or for providing means of entrance to or egress from, a parking place any land acquired or appropriated by them for the purposes of this section, and may, with the consent of the authority or person responsible for the maintenance of a road, adapt any part of it for the purpose of providing means of entrance to or egress from a parking place.

(3)Any power conferred by this section to provide a parking place includes power to maintain it (if below ground) and to maintain buildings comprised in it, and to provide and maintain any cloakroom or other convenience for use in connection with it; and references in other provisions of this section to parking places shall accordingly be construed as including references to any such conveniences.

(4)In this section and in sections 33 to 41 of this Act—

(a)“local authority”, in relation to England and Wales, means (subject to section 36(3)) the council of a county, London borough or district . . . or the Common Council of the City of London and, in relation to Scotland, means council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ;

(b)“parking place” means a place where vehicles, or vehicles of any class, may wait;

and for the purposes of this section and of sections 33 to 41 of this Act, an underground parking place shall not be deemed to be part of a road by reason only of its being situated under a road.

33 Additional powers of local authorities in connection with off-street parking places.

(1)The power of a local authority under section 32 of this Act to provide off-street parking places shall include power to provide them in buildings used also for other purposes, and to erect or adapt, and to maintain, equip and manage, buildings accordingly; and the authority by whom a parking place is so provided may let, on such terms as they think fit, parts of the building which are not used for the parking place, and may provide services for the benefit of persons occupying or using those parts, and may make such reasonable charges for those services as they may determine.

(2)A local authority may adapt for use as a temporary off-street parking place any land owned by them or under their control, not being, in the case of land owned by them, land acquired or appropriated by them for use as an off-street parking place.

(3)A local authority may let for use as a parking place any off-street parking place provided by them; and, where the parking place is in a building, they may let the parking place separately from the rest of the building or let the whole or any part of the building with the parking place.

(4)A local authority may, on such terms as they think fit,—

(a)let land on which they could erect or adapt a building for the purpose of providing an off-street parking place with a view to its being provided by some other person, or

(b)arrange with any person for him to provide such a parking place on any land of which he is the owner or in which he has an interest.

(5)A local authority may, at an off-street parking place provided by them under section 32 of this Act, provide and maintain such buildings, facilities and apparatus as they think fit for the storage and sale of fuel and lubricants and the supply of air and water for the vehicles, and may let or hire out, on such terms as they think fit, the buildings, facilities or apparatus so provided, but shall not themselves sell or supply fuel or lubricants.

(6)Subsections (1) to (5) above shall not affect the provisions of any local Act as to the provision of parking places.

(7)A local authority shall have power to enter into arrangements with any person under which, in consideration of the payment by him to the authority of a lump sum, or of a series of lump sums, he is authorised to collect and retain the charges made in respect of the parking of vehicles in an off-street parking place provided by the authority under section 32 of this Act.

34 Provision of access to premises through off-street parking place.

(1)Where it appears to a local authority . . .which proposes to provide, or has provided, an off-street parking place under section 32 of this Act—

(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

(b)that it would be possible to provide such access and at the same time ensure that vehicles using the parking place to obtain access to the premises in question would, while in the parking place, proceed in the direction in which other vehicles using the parking place are to be, or are, required to proceed,

the authority may provide such a means of access in accordance with the provisions of this section.

(2)A local authority may adapt for use as, or for providing, means of access under this section—

(a)an off-street parking place provided by them under section 32 of this Act;

(b)any land acquired or appropriated by them for the purposes of this section or section 32; or

(c)with the consent of the authority or person responsible for the maintenance of a road, any part of that road.

(3)A local authority which proposes to provide, or has provided, a means of access to any premises under this section—

(a)may enter into an agreement with the occupier of the premises with respect to the use of the means of access and for the making by him of contributions towards the expenses incurred by the authority in providing the means of access;

(b)may, for such consideration and on such terms and conditions as may be agreed, grant to the occupier of the premises, or any other person having an interest in them, a right of way over any such part of the land comprised in the parking place as is to be used as the means of access, and such other rights (if any) incidental to, or connected with, the use of the means of access as they think it necessary or expedient to grant.

(4)Subject to the provisions of any agreement made by them under paragraph (a) of subsection (3) above and to any rights granted by them under paragraph (b) of that subsection, a local authority may stop up any means of access provided by them under this section.

(5)References in this section to a parking place include references to the means of entrance to and egress from the parking place.

35 Provisions as to use of parking places provided under s. 32 or 33.

(1)As respects any parking place—

(a)provided by a local authority under section 32 of this Act, or

(b)provided under any letting or arrangements made by a local authority under section 33(4) of this Act,

the local authority, subject to Parts I to III of Schedule 9 to this Act, may by order make provision as to—

(i)the use of the parking place, and in particular the vehicles or class of vehicles which may be entitled to use it,

(ii)the conditions on which it may be used,

(iii)the charges to be paid in connection with its use (where it is an off-street one), and

(iv)the removal from it of a vehicle left there in contravention of the order and the safe custody of the vehicle

(2)Where under section 34 of this Act a means of access to any premises has been provided by a local authority through an off-street parking place, then, subject to Parts I to III of Schedule 9 to this Act and to the provisions of any agreement made by the local authority under subsection (3) of section 34 and to any rights granted by them under that subsection, the authority may by an order under subsection (1) above make provision as to the use of the parking place as the means of access and, in particular, as to the vehicles or class of vehicles which may be entitled to use the means of access and as to the conditions on which the means of access may be used.

(3)An order under subsection (1) above may provide for a specified apparatus or device to be used—

(a)as a means to indicate—

(i)the time at which a vehicle arrived at, and the time at which it ought to leave, a parking place, or one or other of those times, or

(ii)the charges paid or payable in respect of a vehicle in an off-street parking place; or

(b)as a means to collect any such charges,

and may make provision regulating the use of any such apparatus or device; . . ..

(3A)An order under subsection (1) above may also provide—

(a)for regulating the issue, use and surrender of parking devices;

(b)for requiring vehicles to display parking devices when left in any parking place in respect of which the parking devices may be used;

(c)without prejudice to the generality of paragraph (b) above, for regulating the manner in which parking devices are to be displayed or operated;

(d)for prescribing the use, and the manner of use, of apparatus, . . ., designed to be used in connection with parking devices;

(e)for treating—

(i)the indications given by a parking device, or

(ii)the display or the failure to display a parking device on or in any vehicle left in any parking place,

as evidence (and, in Scotland, as sufficient evidence) of such facts as may be provided by the order;

(f)for the refund, in such circumstances and in such manner as may be prescribed in the order, of the whole or part of the amount of any charge paid in advance in respect of a parking device;

(g)for the payment of a deposit in respect of the issue of a parking device and for the repayment of the whole or any part of any such deposit.

(3B)In this section and in section 35A below “parking device” means either a card, disc, token, meter, permit, stamp or other similar device, whether used in a vehicle or not, . . ., which, being used either by itself, or in conjunction with any such apparatus as is referred to in subsection (3A)(d) above—

(a)indicates, or causes to be indicated, the payment of a charge, and—

(i)the period in respect of which it has been paid and the time of the beginning or end of the period, or

(ii)whether or not the period for which it has been paid or any further period has elapsed, or

(iii)the period for which the vehicle in relation to which the parking device is used is permitted to park in the parking place, and the time of the beginning or end of the period, or

(iv)whether or not the period for which the vehicle in relation to which the parking device is used is permitted to park in the parking place or any further period has elapsed; or

(b)operates apparatus controlling the entry of vehicles to or their exit from the parking place, or enables that apparatus to be operated;

or any other device of any such description as may from time to time be prescribed for the purposes of this section and section 35A below by order made by the Secretary of State, . . ..

(3C)An order under subsection (3B) above which revokes or amends a previous order under that subsection may make such savings and transitional provision as appears to the Secretary of State to be necessary or expedient.

(3D)The power to make orders under subsection (3B) above is exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(4)—(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(9). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

35A Offences and proceedings in connection with parking places provided under s. 32 or 33.

(1)In the event of any contravention of, or non-compliance with, a provision of an order under section 35(1) above, the person responsible shall be guilty of an offence.

(2)A person who, with intent to defraud—

(a)interferes with any such apparatus or device mentioned in section 35(3) above as is by an order under section 35(1) above to be used for the collection of charges at an off-street parking place, or operates or attempts to operate it by the insertion of objects other than current coins or bank notes of the appropriate denomination, or the appropriate credit or debit cards, or

(b)interferes with any such apparatus as is mentioned in section 35(3A)(d) above or with a parking device, or operates or attempts to operate any such apparatus or any parking device otherwise than in the manner prescribed, or

(c)displays a parking device otherwise than in the manner prescribed,

shall be guilty of an offence.

(3)An order under section 35(1) above may include provision—

(a)for determining the person responsible for any contravention of or non-compliance with the order;

(b)for treating—

(i)the indications given by any such apparatus or device as is mentioned in section 35(3) above used in pursuance of the order, or

(ii)the indications given by any such apparatus as is mentioned in section 35(3A)(d) above used in pursuance of the order, or any tickets issued by it, or the absence of any such ticket from a vehicle left in a parking place,

as evidence (and, in Scotland, as sufficient evidence) of such facts and for such purposes as may be provided by the order;

(c)for applying with any appropriate adaptations any of the provisions of subsections (4) to (6) of section 47 of this Act.

(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)While a vehicle is within a parking place, it shall not be lawful for the driver or conductor of the vehicle, or for any person employed in connection with it, to ply for hire or accept passengers for hire; and if a person acts in contravention of this subsection he shall be guilty of an offence.

(6)In this section—

• “credit card” means a card or similar thing issued by any person, use of which enables the holder to defer the payment by him of the charge for parking a vehicle; and

• “debit card” means a card or similar thing issued by any person, use of which by the holder causes the charge for parking a vehicle to be paid by the electronic transfer of funds from any current account of his at a bank or other institution providing banking services.

35B Display of information.

(1)The Secretary of State may make regulations requiring local authorities to display at off-street parking places provided by them under section 32 above such information about parking there as is specified in the regulations.

(2)Regulations under this section may also—

(a)require the display of any orders under section 35(1) above relating to the parking place;

(b)specify the manner in which the information and orders are to be displayed;

(c)exempt local authorities, in specified circumstances or subject to specified conditions, from the requirement to display information and orders, or to display them in the specified manner; and

(d)provide, in relation to a parking place at which a local authority fails to comply with the regulations or with any specified provision of the regulations, that, except in any specified circumstances, any order under section 35(1) above shall be of no effect in its application to that parking place in so far as it requires the payment of any charge in connection with use of the parking place—

(i)while the failure to comply continues, and

(ii)as respects vehicles parked there when the failure to comply was remedied, during a specified period thereafter.

(3)Regulations under this section may make different provision for different circumstances and for different descriptions of parking place, and may exempt specified descriptions of parking place from any provision of the regulations.

(4)In any proceedings for contravention of, or non-compliance with, an order under section 35(1) above relating to an off-street parking place, it shall be assumed, unless the contrary is shown, that any relevant regulations under this section were complied with at all material times.

35C Variation of charges at off-street parking places.

(1)Where an order under section 35(1)(iii) of this Act makes provision as to the charges to be paid in connection with the use of off-street parking places, the authority making that order may vary those charges by notice given under this section.

(2)The variation of any such charges by notice is not to be taken to prejudice any power to vary those charges by order under section 35 of this Act.

(3)The Secretary of State may by regulations make provision as to the procedure to be followed by any local authority giving notice under this section.

(4)The regulations may, in particular, make provision with respect to—

(a)the publication, where an authority propose to give notice, of details of their proposal;

(aa)consultation about their proposal;

(b)the form and manner in which notice is to be given; and

(c)the publication of notices.

(4A)Regulations under this section may make different provision for different purposes.

(5)In giving any notice under this section a local authority shall comply with the regulations.

36 Provisions as to authorising use of roads for parking.

(1)Subject to section 37 of this Act, no order under section 32(1)(b) of this Act shall—

(a)authorise the use of any part of a road so as unreasonably to prevent access to any premises adjoining the road or the use of the road by any person entitled to use it, or so as to be a nuisance, or

(b)be made in respect of any part of a road without the consent of the authority or person responsible for the maintenance of the road.

(2)The exercise by a local authority of their powers under section 32 of this Act with respect to the use as a parking place of any part of a road shall not render them subject to any liability in respect of the loss of or damage to any vehicle or the fittings or contents of any vehicle parked in the parking place.

(3)In relation to roads in England the power to make an order under section 32(1)(b) of this Act shall not be exercisable by non-metropolitan district councils.

(4)Subsection (3) above shall not affect the operation of section 101(1) of the Local Government Act 1972 (arrangements for discharge of functions by local authorities), which shall have effect as if subsection (3) above were contained in an Act passed before that Act.

37 Extension of powers for purposes of general scheme of traffic control.

(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 council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 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.

(2)Without prejudice to Parts I to III of Schedule 9 to this Act, the following provisions of this Act, that is to say, section 3(1), so far as it relates to vehicles, and sections 3(2) and 36(1)(a), shall not apply to any order to which this section applies, or to any order under this Act revoking or varying such an order.

(3)Any provision of—

(a)an order to which this section applies in so far as it has effect by virtue of section 1 of this Act, or

(b)an order revoking or varying such an order, in so far as the order revoked or varied has effect by virtue of that section,

may, notwithstanding anything in that section, be made so as to apply to a road for which the Secretary of State or a strategic highways company is the traffic authority .

(4)No authority shall make an order to which this section applies unless they are satisfied that the general scheme of traffic control—

(a)is adequate in point of area;

(b)takes adequate account of the need for maintaining the free movement of traffic and of the need for maintaining reasonable access to premises;

(c)takes adequate account of the effect of heavy commercial vehicles on amenities; and

(d)makes provision for street parking places, and for regulating their use with the aid of apparatus or devices . . ., which is suitable, regard being had to the extent to which off-street parking places are available in the neighbourhood or their provision is likely to be encouraged by the scheme.

38 Parking place to be used as bus or coach station.

(1)Where, in pursuance of the powers conferred by section 32 of this Act, a local authority provides a parking place which may be used by public service vehicles, then, subject to Parts I to III and Part V of Schedule 9 to this Act, the local authority may, if they think fit,—

(a)by order appoint that parking place as a station for, or for a specified class of, public service vehicles;

(b)in England or Wales by regulation, and in Scotland by order, declare that section 35A(5) of this Act shall not apply to public service vehicles, either absolutely or to such extent as may be specified in the regulation or order.

(2)A local authority by whom a parking place is appointed under this section as a station for public service vehicles may—

(a)do all such things as are necessary to adapt the parking place for use as such a station, and in particular provide and maintain waiting rooms, ticket offices and lavatories and other similar accommodation in connection with it;

(b)make reasonable charges for the use of, or let on hire to any person, any accommodation so provided; and

(c)make regulations as to the use of any such accommodation.

(3)Subject to subsection (4) below, a local authority shall have power to make such reasonable charges for the use of a parking place (not being part of a road ) as a station for public service vehicles as may be fixed by the local authority.

(4)If the holder of a PSV operator’s licence in respect of any vehicles using the parking place as a station considers that the charges fixed under subsection (3) above are unreasonable, then, in default of agreement between the licence holder and the local authority for a reduction of them, the charges in respect of those vehicles shall be such as may be determined by the appropriate traffic commissionera traffic commissioner .

(5)The powers conferred on a local authority by subsections (1) and (2) above shall be in addition to, and not in substitution for, the powers conferred on a local authority by sections 32 and 33(1) of this Act.

(6)The purposes of this section shall be purposes for which a local authority may borrow.

(7)In this section—

(a)“the appropriate traffic commissioner” means the commissioner for any traffic area constituted for the purposes of the Public Passenger Vehicles Act 1981 in which the area or any part of the area of the local authority is situated; and

(b)“PSV operator’s licence” means a PSV operator’s licence granted under the provisions of Part II of the said Act of 1981.

39 Supplementary provisions as to exercise of powers under ss. 32–35 in England or Wales.

(1)Before exercising their powers under section 32(1) or section 35(1) of this Act, except in the case of the exercise of the power conferred by section 32(1)(b) of this Act in relation to a road in England, a county council in England or Wales shall consult with the council of the district in which the parking place is to be, or is, situated.

(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)A district council , other than a metropolitan district council, shall not exercise its powers under any of the following provisions of this Act, that is to say, section 32, subsections (1), (3) and (4) of section 33, section 34 and section 35(1), without the consent of the county council; and any consent given by the county council may be subject to such conditions or restrictions as they think fit.

(4)Where . . . a non-metropolitan district council in England . . . proposes to make an order under section 35 of this Act, the council shall submit a draft of the order to the county council, who (without prejudice to their power to give or withhold consent to the making of the order) may require such modifications of the terms of the proposed order as they think appropriate.

(5)A district council aggrieved by the refusal of the county council to give consent under subsection (3) above, by any conditions or restrictions subject to which any such consent is given, or by any modifications required under subsection (4) above, may appeal to the Secretary of State; and on any such appeal the Secretary of State may give such directions as he thinks fit, either dispensing with the need for consent or varying or revoking any such conditions, restrictions or modifications.

(6)Subject to subsections (7) and (8) below, the power to vary or revoke an order made by a district council , other than a metropolitan district council, under section 32(1) or section 35(1) of this Act shall be exercisable by the county council as well as by the district council; and the powers of a county council under section 35 of this Act shall apply in relation to a parking place—

(a)provided by the council of a district in the county under section 32 of this Act, or

(b)provided under any letting or arrangements made by the council of such a district under section 33(4) of this Act,

as they apply in relation to parking places provided by, or under any letting or arrangements made by, the county council.

(7)Where a county council proposes to make an order by virtue of subsection (6) above, the county council shall send a copy of the proposed order to the district council; and if, not later than 6 weeks after they have received such a copy from the county council, the district council serve notice on the county council and the Secretary of State of their objection to the making of the proposed order, and the objection is not withdrawn by a further notice served not later than 6 weeks after the service of the notice of objection, the county council shall submit a copy of the proposed order to the Secretary of State, and shall not make the order except with his consent.

(7A)Subsection (7) above does not apply to Wales.

(8)If the Secretary of State consents to an order submitted to him for his consent under subsection (7) above, he may consent to the order either in the form in which it was submitted to him or with such modifications as he thinks fit, which may include additions, exceptions or other modifications of any description; but where he proposes to consent to the order with modifications which appear to him substantially to affect the character of the order as submitted to him, he shall, before doing so, take such steps as appear to him to be sufficient and reasonably practicable for informing the county council and district council in question and any other persons likely to be concerned.

40 Acquisition of land: provisions as to parking places.

(1)A local authority may be authorised by the Secretary of State to purchase compulsorily land for the purposes of sections 32, 33(4)(a) and 34 of this Act; and the Acquisition of Land Act 1981 or, as the case may be, the Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947 shall apply in relation to the compulsory purchase of land under this subsection and, in the latter case, shall apply as if this subsection had been in force immediately before the commencement of that Act.

(2)The power of a local authority to acquire land for the purposes of sections 32, 33(4)(a) and 34 of this Act shall extend to the acquisition of any interest or right in, over or under land; and in subsection (1) above “land” shall be construed as including any such interest or right.

(3)Land compulsorily acquired by a local authority otherwise than for the purposes of an off-street parking place, and not appropriated for a purpose other than that for which it was acquired, shall not be used by them for providing an off-street parking place on it for a period exceeding 12 months except with the consent of the Minister of the Crown who, at the time when his consent is sought, is the Minister concerned with the function for the purposes of which the land was acquired.

41 Financial provisions relating to parking places.

(1)A local authority may contribute towards the expenses incurred by any other authority in the exercise of their powers under the following provisions of this Act, that is to say, sections 32, 33(1), 34, 35(9) and 40.

(2)A local authority in Scotland may borrow such sums as the authority may require for the purpose of those provisions.

42 Provisions as to foreshore in Scotland.

—Nothing in section 32, 33(1), 38 or 40(1) of this Act shall authorise the execution of any works on, over or under tidal lands in Scotland below high-water mark of ordinary spring tides except in accordance with such plans and sections, and subject to such restrictions and regulations, as have been approved in writing by the Secretary of State before the commencement of the works.

Control of off-street parking

43 Control of off-street parking in Greater London.

(1)The provisions of this section shall apply to any area in Greater London which the local authority may by regulations designate as a controlled area for the purposes of this section: and any such regulations—

(a)in addition to including any such provision as is authorised by subsection (6) below, may prescribe forms to be used for the purposes of this section and any other matters which under this section or Schedule 4 to this Act are to be prescribed;

(b)may include such supplementary, incidental and consequential provision as appear to the local authority to be necessary or expedient for the purposes of this section; and

(c)may make different provision as respects like matters in different circumstances;

but the provisions of Part I of the said Schedule 4 shall apply to the making of any such regulations . . .

(2)Subject to subsection (15) below, in a controlled area no person other than the local authority shall operate a public off-street parking place of a prescribed description except under and in accordance with the terms and conditions of a licence granted to that person by the local authority.

(3)An applicant for a licence in respect of any premises may apply either for a permanent licence or for a licence for such limited period not exceeding five years as the applicant may specify, and any application to the local authority for a licence shall be accompanied by the prescribed fee appropriate to the type of licence applied for towards the administrative expenses of the local authority under this section; and, subject to subsection (6) below, on any such application the local authority may at their discretion either grant the applicant a licence of the type applied for or refuse the application.

(4)Subject to subsection (6) below, every licence shall specify—

(a)the period of its duration, that is to say, whether it is a permanent licence or a licence for a limited period and, if for a limited period, the period for which it is granted;

(b)the maximum number of parking spaces to be provided at the licensed parking place for all, and, if the local authority think fit, for any respectively, of the following descriptions of parking, namely, short-term parking, long-term parking, casual parking and regular parking or any particular category of regular parking;

(c)any conditions in addition to those specified in subsection (5) below subject to which the licence is granted, being such conditions, if any, as the local authority may think fit with respect to all or any of the following matters, namely—

(i)the scale of charges, or the minimum charges, or the maximum and minimum charges, to be made for the use of parking spaces at the licensed parking place for all, or for any respectively, of the descriptions of parking referred to in paragraph (b) above;

(ii)the proportion of parking spaces to be available respectively for casual parking and for, or for any specified category of, regular parking;

(iii)the times of opening and closing of the licensed parking place for the reception of vehicles;

(iv)the manner in which users of the licensed parking place are to be informed of the effect of the terms and conditions of the licence;

(v)the keeping by the operator of the licensed parking place as respects all, or as respects any respectively, of the descriptions of parking referred to in the said paragraph (b) of records showing for each day the number of vehicles using parking spaces at the licensed parking place and the sums received by way of charges for the use of those parking spaces.

(5)It shall be a condition of every licence—

(a)that any person authorised in that behalf in writing by the local authority . . . may, subject to production if requested of his authority, at all reasonable hours enter upon and inspect the licensed parking place; and

(b)that the holder of the licence shall, on being given reasonable notice for the purpose by any such person, produce to that person and permit him to examine and make copies of, or take extracts from, any records required by virtue of subsection (4)(c)(v) above to be kept in connection with the operation of that parking place;

but if any such person discloses to any other person otherwise than in the performance of his duty any information with regard to the operation of that parking place or to any trade secret obtained by him at that parking place or from any such examination, or if any member or officer of the local authority to whom any such information is disclosed by reason of his official position discloses that information to any person otherwise than in the performance of his duty, that person or, as the case may be, that member or officer shall (in England and Wales) be guilty of an offence.

(6)Regulations made by a local authority under subsection (1) above may include provision—

(a)as to the maximum number of parking spaces to be made available at licensed parking places for all, or for any respectively, of the descriptions of parking referred to in subsection (4)(b) above in, or in any specified part of, any controlled area . . . :

(b)requiring that, in the case of licensed parking places in a particular controlled area or part of a controlled area, all or any of the matters referred to in subsection (4)(c) above shall or as the case may be shall not be the subject of conditions specified in the licence;

(c)regulating the conditions which may be imposed with respect to any of the matters aforesaid;

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7)Where the local authority decide in pursuance of subsection (3) above—

(a)to refuse an application for a licence; or

(b)to grant a licence subject to any conditions which they are not required by regulations under subsection (6) above to impose with respect to any of the matters referred to in subsection (4)(c)(i) to (v) above,

they shall inform the applicant in writing of the reasons for their decisions at the same time as they inform him of that decision.

(8)Where a licence has been granted—

(a)the local authority shall, if so requested by a successor in title to the business (so far as it consists of the operation of the licensed parking place) of the person to whom the licence was granted, transfer the licence to that successor in title, but a licence shall not otherwise be transferable;

(b)the holder of the licence may at any time surrender it by giving notice in writing for the purpose to the local authority which shall include a statement certifying either that the holder is the only person entitled to any interest in the licensed premises or that not less than 21 days before the date of the notice the holder has notified all other persons known to him to be so entitled of his intention to serve the notice;

(c)the local authority may at any time on the application or with the agreement of the holder of the licence vary any of the terms and conditions specified in the licence under subsection 4(b) and (c) above;

(d)in the case of a permanent licence, the local authority shall have the powers of revocation or variation of the licence conferred by Part II of Schedule 4 to this Act.

(9)The provisions of Parts III and IV of Schedule 4 to this Act shall have effect with respect to appeals and compensation in connection with certain decisions of a local authority under this section; . . . ; and every person who applies for or is the holder of a licence in respect of any premises shall give to any other person known to him to be entitled to any interest in those premises information as soon as may be—

(a)of the making of the application; and

(b)of any decision of the local authority relating to the premises of which he is, or is deemed under paragraph 14(2) of the said Schedule to have been, notified by the local authority; and

(c)of the bringing, and of the determination or abandonment, of any appeal from any such decision brought by that person under the said Part III.

(10)Subject to subsection (15) below and to the provisions of Part V of Schedule 4 to this Act, any holder of a licence who contravenes or fails to comply with any of the terms and conditions of the licence and who does not show that the contravention or failure was due to an act or omission of a person not connected with the operation of the licensed parking place which the persons so connected could not reasonably have been expected to prevent shall be guilty of an offence; and on the conviction of the holder of a licence of an offence under this subsection the court before whom he is convicted may, if on an application made for the purpose by the local authority the court is satisfied that it is proper so to do by reason of the extent to which, or the period over which, or the frequency with which, the holder of the licence has contravened or failed to comply with the terms and conditions of the licence or by reason of the wilfulness of the offence, make an order for the revocation of the licence.

(11)Save as provided by subsection (10) above or Part II of Schedule 4 to this Act, a licence shall not be revoked; and the revocation of a licence in pursuance of an order under that subsection or the revocation or variation of a licence under the said Part II shall not take effect—

(a)before the expiration of the period for giving notice of appeal from the order or, as the case may be, notice of appeal under Part III of that Schedule from the local authority’s decision to revoke or, as the case may be, vary the licence; or

(b)if such a notice of appeal is duly given, until the effectiveness or otherwise of the order or, as the case may be, the local authority’s decision is finally determined in accordance with the relevant procedure.

(12)Subject to subsection (15) below and to the provisions of Part V of Schedule 4 to this Act, any person who, in contravention of subsection (2) above, operates a public off-street parking place without holding a licence for the purpose shall be guilty of an offence.

(13)The local authority for a controlled area shall have regard to any regulations for the time being in force under this section when exercising in that area any of their functions under sections 32 to 36 and 39 to 41 of this Act; and where a public off-street parking place is provided in a controlled area by the local authority under the said section 32, any such regulations shall apply to the operation of that parking place with such modifications as may be prescribed for the purpose, being modifications appearing to the local authority to be necessary to ensure that the parking place is operated by or on behalf of the local authority with suitable provision as to the matters referred to in subsection (4)(b) and (c)(i) to (iv) above in like manner as if it were being operated under a licence granted by the local authority.

(14)In this section, section 44 of, and Schedule 4 to this Act—

• “charges” includes fares, rates, tolls and dues of every description;

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• “licence” means a licence under this section;

• “local authority” means the council of a London borough or the Common Council of the City of London;

• “long-term parking” and “short-term parking” mean parking for a continuous period exceeding, or, as the case may be, not exceeding, four hours or such longer period as may be prescribed;

• “prescribed” means prescribed by regulations made under this section;

• “public off-street parking place” means a place, whether above or below ground and whether or not consisting of or including buildings, where off-street parking accommodation is made available by any person to the public for payment; and references to operating, or to the operation of, or to the operator of, such a parking place shall be construed as references to making, or as the case may be to the person making, such parking accommodation at the parking place so available.

(15)The Secretary of State, after consultation with a local authority , may at any time, if it appears to him expedient so to do by reason of any emergency which appears to him to have arisen or to be likely to arise, by order, which shall be laid before Parliament after being made, provide that this subsection shall apply either in relation to all areas for the time being designated by the local authority as controlled areas or in relation to such parts of any of those areas as may be specified in the order; and—

(a)during the period while any such order is in force in relation to any controlled area or part thereof, any public off-street parking place in that area or part may be operated as if that area or part were not, or, as the case may be, were not comprised in, a controlled area; and

(b)nothing in subsection (10) or (12) above shall apply to anything done at any such parking place during that period.

44 Control of off-street parking outside Greater London.

(1)With a view to providing further means of regulating traffic in urban areas, Her Majesty may by Order in Council provide for enabling the operation of public off-street parking places to be regulated—

(a)in English counties, by the county council or metropolitan district council, and in Welsh counties or county boroughs by the county council or (as the case may be ) county borough council, by the county council; and

(b)in Scottish local authority areas by the council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 .

(2)An Order in Council under this section may make any such provision for the remainder of England and Wales, or for Scotland as the case may be, as is made for Greater London by section 43 of this Act and shall be so framed as to conform with the London provisions as respects all matters there dealt with, subject only to the modifications permitted or required by the following subsection and other minor and incidental modifications.

(3)The modifications referred to above are that the Order—

(a)shall provide for controlled areas to be so designated that they comprise only premises to which there is no road access otherwise than (directly or indirectly) from one or more urban roads;

(b)may in relation to non-metropolitan counties in England and . . . provide for certain functions of local authorities under the London provisions in respect of areas designated as controlled areas to be conferred on district councils or on both county councils and district councils, and may in consequence of any such distribution of functions make such incidental and supplementary provision as appears to Her Majesty to be necessary or expedient;

(c)may take account of Scottish legislation corresponding to legislation for England and Wales; and

(d)may include, in place of references and requirements which are apposite only for London, corresponding references and requirements apposite for other areas of Great Britain.

(4)Any such Order shall also require councils—

(a)to consult organisations representative of the disabled before deciding to propose the designation of a controlled area under the Order; and

(b)if representations are received from such organisations about the proposal, to send to the Secretary of State (together with copies of representations received from other organisations consulted) a statement of how parking requirements of the disabled arising from implementation of the proposal are met by existing facilities or, if in the opinion of the council they are not already so met, how it is intended to meet them.

(5)In this section—

(a)“the London provisions” means section 43 of, and Schedule 4 to, this Act; and

(b)“urban road” means a road which—

(i)is a restricted road for the purposes of section 81 of this Act; or

(ii)is subject to an order made by virtue of section 84(1)(a) of this Act imposing a speed limit of not more than 40 m.p.h.

(6)An Order in Council made under this section shall be subject to annulment by resolution of either House of Parliament.

Parking on highways for payment

45 Designation of paying parking places on highways.

(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. . . 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.

(1A)Transport for London may not by virtue of subsection (1) above designate parking places on any highway which is not a GLAroad.

(2)An order under this section may designate a parking place for use (either at all times or at times specified in the order) only by such persons or vehicles, or such persons or vehicles of a class specified in the order, as may be authorised for the purpose by a permit from the authority operating the parking placeor both by such persons or vehicles or classes of persons or vehicles and also, with or without charge and subject to such conditions as to duration of parking or times at which parking is authorised, by such other persons or vehicles, or persons or vehicles of such other class, as may be specified ; and

(a)in the case of any particular parking place and any particular vehicle, or any vehicle of a particular class, the authority operating the parking place . . . may issue a permit for that vehicle to be left in the parking place while the permit remains in force, either at all times or at such times as may be specified in the permit, and

(b)except in the case of a public service vehicle, may make such charge in connection with the issue or use of the permit, of such amount and payable in such manner, as the authority by whom the designation order was made may by order prescribe.

(3)In determining what parking places are to be designated under this section the authority concerned shall consider both the interests of traffic and those of the owners and occupiers of adjoining property, and in particular the matters to which that authority shall have regard include—

(a)the need for maintaining the free movement of traffic;

(b)the need for maintaining reasonable access to premises; and

(c)the extent to which off-street parking accommodation, whether in the open or under cover, is available in the neighbourhood or the provision of such parking accommodation is likely to be encouraged there by the designation of parking places under this section.

(4)The exercise by an authority of functions under this section shall not render the authority subject to any liability in respect of the loss of or damage to any vehicle in a parking place or the contents or fittings of any such vehicle.

(5)Nothing in this section shall affect the operation of section 6 or 32 of this Act.

(6)Subject to Parts I to III of Schedule 9 to this Act, where it appears to the authority concerned to be expedient to do so having regard to any objections duly made in respect of proposals made by that authority for a designation order . . . they may, if they think fit, make an interim order pursuant to the proposals or application in respect of any one or more of the sites affected, or in respect of any part of any of those sites, and postpone for further consideration the making of any further order in pursuance of the proposals or application.

(7)In this section and in sections 46 to 55 of this Act, “local authority”—

(a)in England, means the council of a county , metropolitan district or London borough or the Common Council of the City of London or Transport for London ;

(b)in Wales, means the council of a county or a county borough ; and

(c)in Scotland, means the a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 ,

and “the local authority”, in relation to a parking place or proposed parking place on any site, . . . means the local authority (as defined above) in whose area the site is . . .. unless the site is in Greater London, in which case—

(i)if the site is on a GLAroad and the parking place is, or is proposed to be, designated by Transport for London, “the local authority” means Transport for London;

(ii)if the site is on a GLAroad and the parking place is, or is proposed to be, designated by the London local authority in whose area the site is, “the local authority” means that London local authority; and

(iii)if the site is on a highway which is not a GLAroad, “the local authority” means the London local authority in whose area the site is.

(8)In this section “London local authority” means the council of a London borough or the Common Council of the City of London.

46 Charges at, and regulation of, designated parking places.

(1)Subject to Parts I to III of Schedule 9 to this Act the authority by whom a designation order is made with respect to any parking place outside Greater London , and not in a civil enforcement area for parking contraventions, shall by order prescribe any charges to be paid for vehicles left in a parking place designated by the order; and any such charge may be prescribed either—

(a)as an amount (in this Act referred to as an “initial charge”) payable in respect of an initial period and an amount (in this Act referred to as an “excess charge”) payable, in addition to an initial charge, in respect of any excess over an initial period, or

(b)as an amount payable regardless of the period for which a vehicle is left.

(1A)Subject to Parts I to III of Schedule 9 to this Act, where the authority by whom a designation order is made with respect to any parking place in Greater London , or outside Greater London in a civil enforcement area for parking contraventions, impose charges to be paid for vehicles left in a parking place designated by the order, those charges shall be prescribed by the designation order or by a separate order made by the authority.

(2)The authority by whom a designation order is made may, subject to Parts I to III of Schedule 9 to this Act, by order make such provision as may appear to that authority to be necessary or expedient for regulating or restricting the use of any parking place designated by the order, or otherwise for or in connection with the operation of such a parking place, and in particular (but without prejudice to the generality of the foregoing words) provision—

(a)for regulating the time at which and the method by which any charge is to be paid and for requiring the use of apparatus (in this Act referred to as a “parking meter”) . . ., being apparatus designed either—

(i)to indicate whether any charge has been paid and whether the period for which it has been paid or any further period has elapsed, or

(ii)to indicate the time and to issue tickets indicating the payment of a charge and the period in respect of which it has been paid;

(b)for treating the indications given by a parking meter or any ticket issued by it, or the absence of any such ticket from a vehicle left in a parking place, as evidence (and, in Scotland, sufficient evidence) of such facts as may be provided by the order;

(c)for prohibiting the insertion in a parking meter of coins or bank notes additional to those inserted by way of payment of any charge, or for prohibiting the insertion or re-insertion in a parking meter of a credit or debit card additional to the original insertion of such a card.

(d)for enabling the local authority to determine, subject to any restrictions specified in the order, the number and dimensions of the spaces in which vehicles may be left in a parking place;

(e)for authorising the alteration of the position in a parking place, or the removal from a parking place, of vehicles in respect of which any order relating to the parking place has been contravened or not complied with and for the safe custody of vehicles so removed;

(f)for exempting from the payment of any charge any vehicle left in a parking place in such circumstances as may be specified in the order, and for treating any vehicle so exempted as having been left there, and the charge from which it is exempted as having been paid, at such time as may be so specified;

(g)for prohibiting or restricting the carrying on of trade or other activities, or the doing of any other thing, at a parking place;

(h)for conferring on the local authority powers of illuminating parking places, and of erecting notices or signs and carrying out work on or in the vicinity of a parking place;

(i)for regulating the grant, revocation and surrender of any permit such as is mentioned in section 45(2)(a) of this Act and the issue, use and surrender of tokens indicating the holding of such a permit, or the payment of any charge in connection with the issue or use of the permit;

(j)for requiring a vehicle to which such a permit applies to display the permit or such a token when left in a parking place to which the permit applies, and for treating the display of or failure to display the permit or such a token on any vehicle left at a parking place as evidence (and, in Scotland, sufficient evidence) of such facts as may be provided by the order;

(k)for the refund, in such circumstances and in such manner as may be prescribed by the order, of the amount of any charge paid in advance by virtue of section 45(2)(b) of this Act.

(3)Where provision is made for the use of parking meters it shall be the duty of the local authority to take such steps as appear to them to be appropriate for the periodical inspection of the meters and for dealing with any found to be out of order; for securing the testing of the meters, both before they are brought into force and afterwards; and for recording the date on which, and the person by whom, a meter has been tested.

(4)Where provision is made for the use of apparatus other than parking meters, subsection (3) above shall apply to such apparatus as it applies to a parking meter.

(5)In this section and in section 47 below, “credit card” and “debit card” have the meanings given by section 35A(6) above.

(6)In this section “civil enforcement area for parking contraventions” has the same meaning as in Part 6 of the Traffic Management Act 2004.

46A Variation of charges at designated parking places.

(1)Where, by virtue of section 46 of this Act, any charges have been prescribed by a designation order or by an order under that section, the authority making that order may vary those charges by notice given under this section.

(2)The variation of any such charges by notice is not to be taken to prejudice any power to vary those charges by order under section 46 of this Act.

(3)The Secretary of State may by regulations make provision as to the procedure to be followed by any local authority giving notice under this section.

(4)The regulations may, in particular, make provision with respect to—

(a)the publication, where an authority propose to give notice, of details of their proposal;

(aa)consultation about their proposal;

(b)the form and manner in which notice is to be given; and

(c)the publication of notices.

(4A)Regulations under this section may make different provision for different purposes.

(5)In giving any notice under this section a local authority shall comply with the regulations.

47 Offences relating to designated parking places.

(1)A person who—

(a)being the driver of a vehicle, leaves the vehicle in a designated parking place otherwise than as authorised by or under an order relating to the parking place, or leaves the vehicle in a designated parking place for longer after the excess charge has been incurred than the time so authorised, or fails duly to pay any charge payable under section 45 of this Act, or contravenes or fails to comply with any provision of an order relating to the parking place as to the manner in which vehicles shall stand in, or be driven into or out of, the parking place, or

(b)whether being the driver of a vehicle or not, otherwise contravenes or fails to comply with any order relating to designated parking places,

shall, subject to section 48 of this Act, be guilty of an offence . . . .

(2)In relation to an offence under paragraph (a) of subsection (1) above of leaving a vehicle for longer after the excess charge has been incurred than the time authorised by an order relating to the parking place, or failing duly to pay any charge payable under section 45 of this Act, the reference in that paragraph to the driver of a vehicle shall be construed as a reference to the person driving the vehicle at the time when it was left in the parking place.

(3)A person who, with intent to defraud, interferes with a parking meter, or operates or attempts to operate a parking meter by the insertion of objects other than current coins or bank notes of the appropriate denomination, or the appropriate credit or debit cards , shall be guilty of an offence.

(4)Where, in any proceedings in England or Wales for an offence under this section of failing to pay any charge, it is proved that the amount which has become due, or any part of that amount, has not been duly paid, the court shall order the payment of the sum not paid; and any sum ordered to be paid by virtue of this subsection shall be recoverable as a penalty.

(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)Where in any proceedings for an offence under this section of failing to pay an excess charge it is not proved that the excess charge had become due, but it is proved that an initial charge has not been paid, the defendant may be convicted of an offence under this section of failing to pay an initial charge.

(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

48 Acceptance of payment as bar to proceedings under s. 47.

(1)Where a parking meter relating to the space in which a vehicle is left in a designated parking place indicates that the period for which payment was made for the vehicle by an initial charge has expired, but the authority by whom the parking place is controlled are satisfied that the initial charge was not paid, acceptance by the authority of payment of the excess charge shall be a bar to proceedings for an offence under section 47(1)(a) of this Act of failing to pay the initial charge.

(2)Where in the case of any vehicle—

(a)an authorisation by way of such a certificate, other means of identification or device as is referred to in section 4(2), 4(3), 7(2) or 7(3) of this Act, or such a permit or token as is referred to in section 46(2)(i) of this Act, has been issued with respect to the vehicle, and

(b)the authority by whom a designated parking place is controlled are satisfied that, in accordance with the terms on which the authorisation was issued, a charge has become payable and has not been paid in respect of any period for which the vehicle has been left in that parking place,

acceptance by that authority of payment of the amount of that charge shall be a bar to proceedings for an offence under section 47(1)(a) of this Act of failing duly to pay the charge.

49 Supplementary provisions as to designation orders and designated parking places.

(1)Where under a designation order vehicles may not be left at all times in the designated parking place—

(a)the parking place shall for the purposes of sections 46 and 47 of this Act be treated, as respects any time during which vehicles may not be left there in pursuance of the order, as if it were not designated by the order; and

(b)any vehicle left in the parking place which remains there at the beginning of a period during which vehicles may be left there in pursuance of the order shall, for the purposes of those sections, be treated as if it had been left there at the beginning of that period, but without prejudice to any rights or liabilities in respect of anything done or omitted at any time before the beginning, or after the end, of that period.

(2)Subject to subsection (3) below, a designation order may revoke the designation of any place as a parking place under section 6 or 32 of this Act; and such an order, or an order under either of those sections containing a designation of a place as a parking place, may provide that the designation shall not have effect as respects any time in respect of which provision is made under section 45 of this Act for the leaving of vehicles in that place.

(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)Subject to Parts I to III of Schedule 9 to this Act, the authority by whom a parking place is designated under section 45 of this Act may by order empower the local authority, the chief officer of police or any other person specified by or under the order to provide for the moving, in case of emergency, of vehicles left in the parking place; to suspend the use of the parking place or any part of it on such occasions or in such circumstances as may be determined by or under the order; and to provide for the temporary removal of any parking meters installed at the parking place.

(4A)A constable, or a person acting under the instructions (whether general or specific) of the chief officer of police, may suspend the use of a parking place designated under section 45 of this Act for not more than 7 days in order to prevent or mitigate congestion or obstruction of traffic, or danger to or from traffic, in consequence of extraordinary circumstances.

(5)Any local authority may acquire, whether by purchase or by hiring, such parking meters and other apparatus as appear to the authority to be required or likely to be required for the purposes of their functions under sections 45 and 46 of this Act and subsections (1) to (4) above.

(6)Anything authorised or required by the provisions of sections 45 and 46 of this Act and subsections (1) to (4) above to be prescribed or done by order may, except as otherwise expressly provided, be prescribed or done either by a designation order or by a general order.

50. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

51 Parking devices for designated parking places.

(1)Any power of a local authority to make charges under section 45 of this Act for vehicles left in a designated parking place shall include power to require those charges, or any part of them, to be paid by means of the hire or purchase in advance, or the use, of parking devices in accordance with any relevant provision of an order under section 46 of this Act.

(2)Any ower of a local authority to make orders under section 46(2) of this Act shall include power by any such order to make provision—

(a)for regulating the issue, use and surrender of parking devices;

(b)for requiring vehicles to display parking devices when left in any parking place in respect of which the parking devices may be used;

(c)without prejudice to the generality of paragraph (b) above, for regulating the manner in which parking devices are to be displayed or operated;

(d)for prescribing the use, and the manner of use, of apparatus, . . ., designed to be used in connection with parking devices;

(e)for treating—

(i)the indications given by a parking device; or

(ii)the display or the failure to display a parking device on or in any vehicle left in any parking place,

as evidence (and, in Scotland, as sufficient evidence) of such facts as may be provided by the order;

(f)for the refund, in such circumstances and in such manner as may be prescribed in the order, of the whole or part of the amount of any charge paid in advance in respect of a parking device;

(g)for the payment of a deposit in respect of the issue of a parking device and for the repayment of the whole or part of any such deposit.

(3)For the purposes of subsection (2) above—

(a)the references to parking meters in section 46(2)(b) and (c) of this Act shall include references to the apparatus referred to in subsection (2)(d) above; and

(b)the reference in section 46(2)(c) of this Act to the insertion in a parking meter of coins or banknotes additional to those inserted by way of payment of any charge or to the insertion or re-insertion in a parking meter of a credit or debit card additional to the original insertion of such a card shall include (so far as is appropriate) a reference to insertions or re-insertions in any such apparatus of parking devices additional to the original insertion of those devices.

(4)In this section and in section 52 below “parking device” means either a card, disc, token, meter, permit, stamp or other similar device, whether used in a vehicle or not, . . ., which, being used either by itself, or in conjunction with any such apparatus as is referred to in subsection (2)(d) above, indicates, or causes to be indicated, the payment of a charge, and—

(a)the period in respect of which it has been paid and the time of the beginning or end of the period; or

(b)whether or not the period for which it has been paid or any further period has elapsed; or

(c)the period for which the vehicle in relation to which the parking device is used is permitted to park in the parking place, and the time of the beginning or end of the period; or

(d)whether or not the period for which the vehicle in relation to which the parking device is used is permitted to park in the parking place or any further period has elapsed;

or any other device of any such description as may from time to time be prescribed for the purposes of this section and section 52 below by order made by the Secretary of State, . . ..

(4A)An order under subsection (4) above which revokes or amends a previous order under that subsection may make such saving and transitional provision as appears to the Secretary of State to be necessary or expedient.

(4B)The power to make orders under subsection (4) above is exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

52 Offences and proceedings in connection with parking devices and associated apparatus.

(1)A person who, with intent to defraud,—

(a)interferes with any apparatus referred to in section 51(2)(d) of this Act or with a parking device, or operates or attempts to operate any such apparatus or any parking device otherwise than in the manner prescribed, or

(b)displays a parking device otherwise than in the manner prescribed,

shall be guilty of an offence.

(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)In section 48(1) of this Act the reference to a parking meter relating to the space in which a vehicle is left in a designated parking place shall include references to—

(a)any such apparatus as is referred to in section 51(2)(d) of this Act which relates to the space in which a vehicle is so left, and

(b)to a parking device used in respect of a vehicle left in a space in a designated parking place.

53 Designation orders outside Greater London.

(1)A designation order made in respect of highways or, in Scotland, roads in any area outside Greater London may include such provisions—

(a)for any of the purposes specified in paragraphs (a) to (c) of section 2(2) of this Act, or

(b)for authorising the use without charge (subject to such, if any, conditions as may be specified in the order) of any part of a road as a parking place for vehicles, or for vehicles of such classes as may be specified in the order,

as the authority making the order may consider appropriate in connection with the designation order.

(2)A designation order making provision for any of the purposes referred to in subsection (1)(a) above may vary or revoke any subsisting provision made for any of those purposes under section 1 of this Act.

(3)A designation order making such provision as is mentioned in subsection (1)(b) above may include provision for the removal, from any place authorised by virtue of that paragraph to be used as a parking place, of any vehicle left there in contravention of the order, and for the safe custody of the vehicle.

(4)Section 47 of this Act shall not apply to contraventions of, or failures to comply with, any provisions of a designation order having effect by virtue of subsection (1) above.

(5)A person who uses a vehicle, or causes or permits a vehicle to be used, in contravention of any provision of a designation order having effect by virtue of subsection (1)(a) above shall be guilty of an offence.

(6)In the event of a contravention of, or non-compliance with, a provision of a designation order having effect by virtue of subsection (1)(b) above, the person responsible (as determined in accordance with the order) shall be guilty of an offence.

(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

54

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

55 Financial provisions relating to designation orders.

(1)A local authority shall keep an account of their income and expenditure in respect of parking places for which they are the local authority and which are—

(a)in the case of Transport for London, the council of a London borough and the Common Council of the City of London, parking places on the highway; and

(b)in the case of any other authority, designated parking places.

(2)At the end of each financial year any deficit in the account shall be made good out of the general fundor, in Wales, council fund , and (subject to subsection (3) below) any surplus shall be applied for all or any of the purposes specified in subsection (4) below and, in so far as it is not so applied, shall be appropriated to the carrying out of some specific project falling within those purposes and carried forward until applied to carrying it out.

(3)If the local authority so determine, any amount not applied in any financial year, instead of being or remaining so appropriated, may be carried forward in the account kept under subsection (1) above to the next financial year.

(3A)Transport for London, The council of each London borough and the Common Council of the City of London shall, after each financial year, report to the Mayor of London on any action taken by them, pursuant to subsection (2) or (3) above, in respect of any deficit or surplus in their account for the year.

(3B)The report under subsection (3A) above shall be made as soon after the end of the financial year to which it relates as is reasonably possible.

(4)The purposes referred to in subsection (2) above are the following, that is to say—

(a)the making good to the general fundor, in Wales, council fund of any amount charged to that fund under subsection (2) above in the 4 years immediately preceding the financial year in question;

(b)meeting all or any part of the cost of the provision and maintenance by the local authority of off-street parking accommodation, whether in the open or under cover;

(c)the making to other local authorities, . . . or to other persons of contributions towards the cost of the provision and maintenance by them, in the area of the local authority or elsewhere, of off-street parking accommodation, whether in the open or under cover;

(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,

(ii)the purposes of a highway or road improvement project in the local authority's area,

(iii)in the case of a London authority, meeting costs incurred by the authority in respect of the maintenance of roads maintained at the public expense by them,

(iv)the purposes of environmental improvement in the local authority's area,

(v)in the case of such local authorities as may be prescribed, any other purposes for which the authority may lawfully incur expenditure;

(e)in the case of a London authority, meeting all or any part of the cost of the doing by the authority in their area of anything—

(i)which facilitates the implementation of the London transport strategy, and

(ii)which is for the time being specified in that strategy as a purpose for which a surplus may be applied by virtue of this paragraph;

(f)in the case of a London authority, the making to any other London authority of contributions towards the cost of the doing by that other authority of anything towards the doing of which in its own area the authority making the contribution has power—

(i)to apply any surplus on the account required to be kept under subsection (1) above; or

(ii)to incur expenditure required to be brought into that account.

(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.

(4B)For the purposes of subsection (4)(d)(iv) “environmental improvement” includes—

(a)the reduction of environmental pollution (as defined in the Pollution Prevention and Control Act 1999 (c. 24); see section 1(2) and (3) of that Act);

(b)improving or maintaining the appearance or amenity of—

(i)a road or land in the vicinity of a road, or

(ii)open land or water to which the general public has access; and

(c)the provision of outdoor recreational facilities available to the general public without charge.

(4C)Regulations for the purposes of subsection (4)(d)(v) above—

(a)may prescribe all local authorities, particular authorities or particular descriptions of authority,

(b)may make provision by reference to whether the authority or authorities in question have been classified for the purposes of any other enactment as falling or not falling within a particular category, and

(c)may make provision for the continued application of that provision, in prescribed cases and to such extent as may be prescribed, where an authority that is prescribed or of a prescribed description ceases to be so.

(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8)For the purpose of enabling Transport for London and any other London authorities to discharge jointly any functions conferred by virtue of subsection (4)(f) above by a joint committee established under section 101(5) of the Local Government Act 1972, sections 101(5) and 102 of that Act shall have effect as if Transport for London were a local authority.

(9)In the application of this section in relation to Transport for London, any reference to its general fund shall be taken as a reference to the financial reserves for which provision is made under section 85(4)(c) of the Greater London Authority Act 1999 in calculating Transport for London’s component budget for the financial year in question.

(10)In this section—

• “London authority” means Transport for London, a London borough council or the Common Council of the City of London;

• “the London transport strategy” means the transport strategy prepared and published under section 142 of the Greater London Authority Act 1999.

55 Financial provisions relating to designation orders.

(1)A local authority shall keep an account of their income and expenditure in respect of parking places for which they are the local authority and which are—

(a)in the case of Transport for London, the council of a London borough and the Common Council of the City of London, parking places on the highway; and

(b)in the case of any other authority, designated parking places.

(2)At the end of each financial year any deficit in the account shall be made good out of the general fundor, in Wales, council fund , and (subject to subsection (3) below) any surplus shall be applied for all or any of the purposes specified in subsection (4) below and, in so far as it is not so applied, shall be appropriated to the carrying out of some specific project falling within those purposes and carried forward until applied to carrying it out.

(3)If the local authority so determine, any amount not applied in any financial year, instead of being or remaining so appropriated, may be carried forward in the account kept under subsection (1) above to the next financial year.

(3A)Transport for London, The council of each London borough and the Common Council of the City of London shall, after each financial year, report to the Mayor of London on any action taken by them, pursuant to subsection (2) or (3) above, in respect of any deficit or surplus in their account for the year.

(3B)The report under subsection (3A) above shall be made as soon after the end of the financial year to which it relates as is reasonably possible.

(4)The purposes referred to in subsection (2) above are the following, that is to say—

(a)the making good to the general fundor, in Wales, council fund of any amount charged to that fund under subsection (2) above in the 4 years immediately preceding the financial year in question;

(b)meeting all or any part of the cost of the provision and maintenance by the local authority of off-street parking accommodation, whether in the open or under cover;

(c)the making to other local authorities, . . . or to other persons of contributions towards the cost of the provision and maintenance by them, in the area of the local authority or elsewhere, of off-street parking accommodation, whether in the open or under cover;

(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.

(e)in the case of a London authority, meeting all or any part of the cost of the doing by the authority in their area of anything—

(i)which facilitates the implementation of the London transport strategy, and

(ii)which is for the time being specified in that strategy as a purpose for which a surplus may be applied by virtue of this paragraph;

(f)in the case of a London authority, the making to any other London authority of contributions towards the cost of the doing by that other authority of anything towards the doing of which in its own area the authority making the contribution has power—

(i)to apply any surplus on the account required to be kept under subsection (1) above; or

(ii)to incur expenditure required to be brought into that account.

(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). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8)For the purpose of enabling Transport for London and any other London authorities to discharge jointly any functions conferred by virtue of subsection (4)(f) above by a joint committee established under section 101(5) of the Local Government Act 1972, sections 101(5) and 102 of that Act shall have effect as if Transport for London were a local authority.

(9)In the application of this section in relation to Transport for London, any reference to its general fund shall be taken as a reference to the financial reserves for which provision is made under section 85(4)(c) of the Greater London Authority Act 1999 in calculating Transport for London’s component budget for the financial year in question.

(10)In this section—

• “London authority” means Transport for London, a London borough council or the Common Council of the City of London;

• “the London transport strategy” means the transport strategy prepared and published under section 142 of the Greater London Authority Act 1999.

56 Grants where parking place designated by Secretary of State.

Where by virtue of paragraph 3 of Schedule 9 to this Act a parking place has been designated under section 45 of this Act by the Secretary of State—

(a)he may make grants out of moneys provided by Parliament towards the cost of the provision and maintenance of off-street parking places whether in the open or under cover, or for any purpose such as is mentioned in section 55(4)(d)(i) or (ii) of this Act; but

(b)in exercising his powers under this section he shall use his best endeavours to secure that the aggregate of the amounts paid by him by way of grants does not exceed the difference between—

(i)the aggregate of the sums received by him by way of charges made by him for vehicles left in parking places designated by him under section 45 of this Act; and

(ii)the aggregate of the expenses incurred by him in the provision, operation and maintenance of the parking places in respect of which those charges are made.

Provision of parking places by parish or community councils

57 General powers of parish or community councils for provision of parking places.

(1)Where for the purposes of relieving or preventing congestion of traffic or preserving local amenities it appears to the council of a parish in England or a community in Wales to be necessary to do so, the council, subject to sections 58 and 59 of this Act, may—

(a)provide within their area and maintain suitable parking places for bicycles and motor cycles, or

(b)provide within their area and maintain suitable parking places, otherwise than on roads, for vehicles of other descriptions or for vehicles generally.

(2)For the purpose of providing and maintaining any such parking place, or for the purpose of providing means of entrance to and egress from any parking place provided under this section, a parish or community council may—

(a)utilise and adapt any land purchased by the council for the purpose or appropriated for the purpose under subsection (3) below, or

(b)in the case of a parking place provided under subsection (1)(a) above, but subject to the provisions of section 58 of this Act, adapt, and by order authorise the use of, any part of a road in the parish or community;

and any power under subsection (1) above to provide and maintain parking places shall include power to provide and maintain structures for use as parking places.

(3)Notwithstanding anything in any other enactment, but subject to subsection (4) below, a parish or community council may appropriate for the purpose of providing a parking place under this section—

(a)any part of a recreation ground provided by the council under section 8 of the Local Government Act 1894;

(b)any part of an open space controlled or maintained by the council under the Open Spaces Act 1906, other than a part which has been consecrated as a burial ground or in which burials have taken place;

(c)any part of any land provided by the council as a playing field or for any other purpose and held by that council for the purposes of section 19 of the Local Government (Miscellaneous Provisions) Act 1976 (recreational facilities).

(4)Any part of a recreation ground, open space or other land appropriated under subsection (3) above shall not exceed one-eighth of its total area or 800 square feet, whichever is the less.

(5)No order under subsection (1) above shall authorise the use of any part of a road as a parking place so as unreasonably to prevent access to any premises adjoining the road, or the use of the road by any person entitled to use it, or so as to be a nuisance.

(6)A parish or community council may employ, with or without remuneration, such persons as may be necessary for the superintendence of parking places provided by the council under this section.

(7)A parish or community council may make byelaws (subject to confirmation by the Secretary of State , in the case of byelaws made by a parish council ) as to the use of parking places provided under subsection (1)(a) above, and in particular as to the conditions upon which any such parking place may be used and as to the charges to be paid to the council in connection with the use of any such parking place, not being part of a road; and a copy of any byelaws made under this subsection shall be exhibited on or near every parking place to which they relate.

(8)A parish or community council may let for use as a parking place any parking place provided by them (not being a part of a road) under this section; but, without prejudice to any power of a parish or community council under any other enactment to let a playing field or other land of which a parking place forms part, no single letting under this subsection shall be for a longer period than 7 days.

(9)The exercise by a parish or community council of their powers under this section with respect to the use as a parking place of any part of a road shall not render them subject to any liability in respect of loss of or damage to any vehicle or the fittings or contents of any vehicle parked in such a parking place.

58 Consents for purposes of s. 57(1).

(1)A parish or community council shall not have power by virtue of section 57(1) of this Act to provide a parking place—

(a)in a position obstructing or interfering with any existing access to any land or premises not forming part of a road, except with the consent of the owner and the occupier of the land or premises, or

(b)in a road which is not a highway, in a public path or in a restricted byway , except with the consent of the owner and the occupier of the land over which the road, path or way runs, or

(c)in any such situation or position as is described in the first column of the following Table, except with the consent of the persons described in relation to it in the second column of that Table.

(2)Any consent required by subsection (1)(c) above shall not be unreasonably withheld, but may be given subject to any reasonable conditions, including a condition that the parish or community council shall remove any thing to the provision of which the consent relates, either at any time or at or after the expiry of a period, if reasonably required to do so by the person giving the consent.

(3)Any dispute between a parish or community council and a person whose consent is required under subsection (1)(c) above, on the question whether that consent is unreasonably withheld or is given subject to reasonable conditions, or whether the removal of any thing to the provision of which the consent relates in accordance with any condition of the consent is reasonably required, it shall—

(a)in the case of a dispute between the parish or community council and the Secretary of State, be referred to and determined by an arbitrator to be appointed, in default of agreement, by the President of the Institution of Civil Engineers; and

(b)in any other case, be referred to and determined by the Secretary of State, who may cause a public inquiry to be held for the purpose.

(4)Section 6 of the Local Government (Miscellaneous Provisions) Act 1953(which makes provision as to access to telegraphic lines, sewers, pipe-subways, pipes, wires, and other apparatus) shall apply in relation to a parking place (including a structure for use as a parking place) provided by a parish or community council under section 57(1) of this Act, and to the council by whom the parking place is so provided, as it applies in relation to a shelter or other accommodation provided, and to the local authority by whom it is provided, under section 4 of that Act.

(5)In this section, and in section 6 of that Act, as they apply in relation to a parking place provided under section 57(1)(a) of this Act which forms part of a road, references to removal shall be construed as including references to the suspension or revocation of the order authorising the use of that part of the road as a parking place.

59 Consents for, and provisions as to use of, parking places under s. 57(1)(b).

(1)A parish or community council shall not exercise their powers under section 57(1)(b) of this Act without the consent of the council of the county or metropolitan district in which the parish or community is situated; and any consent given by the county council or metropolitan district council may be subject to such conditions or restrictions as they think fit.

(2)A parish or community council proposing to exercise their powers under section 57(1)(b) of this Act shall—

(a)for the purpose of obtaining the consent of the county council or metropolitan district council under subsection (1) above, make an application in writing to that council giving details of the parking place which they propose to provide, and

(b)in the case of an application to a county council, send a copy of it to the council of the district in which the parish . . . is situated;

and , in that case, the county council, in considering whether or not to give their consent, or to make their consent subject to any conditions or restrictions, shall have regard to any representations made to them by that district council.

(2A)In subsection (2) above, paragraph (b) and the words which follow it do not apply in relation to Wales.

(3)Subject to subsections (4) to (6) below, section 35 of this Act shall apply in relation to a parking place provided under section 57(1)(b) of this Act as if—

(a)the parish or community council were a local authority for the purposes of sections 32 and 35 of this Act, and

(b)the parking place were provided by the parish or community council under section 32 of this Act.

(4)A parish or community council shall not, by virtue of subsection (3) above, make an order under section 35(1) of this Act without the consent of the county council or metropolitan district council ; and any consent given by the county council or metropolitan district council may be subject to such conditions or restrictions as they think fit.

(5)Where, by virtue of subsection (3) above, a parish or community council proposes to make an order under section 35(1) of this Act, the council shall submit a draft of the order to the county council or metropolitan district council who (without prejudice to their power to give or withhold consent to the making of the order) may require such modifications of the terms of the proposed order as they think appropriate.

(6)The powers of a county council or metropolitan district council under section 35 of this Act shall apply in relation to a parking place provided by a parish or community council under section 57(1)(b) of this Act as they apply in relation to a parking place provided by a county council or metropolitan district council ; and the power to vary or revoke an order made by a parish or community council under section 35(1) of this Act shall be exercisable by the county council or metropolitan district council as well as by the parish or community council.

(7)If, by virtue of subsection (6) above, a county council or metropolitan district council proposes to make an order under section 35(1) of this Act in relation to a parking place provided by a parish or community council, they shall send a copy of the proposed order to the parish or community council.

60 Supplementary provisions relating to ss. 57–59.

(1)A parish or community council may contribute towards—

(a)the reasonable expenses incurred by any person in doing anything which by virtue of section 57 of this Act that council has power to do, and

(b)the expenses incurred by any other parish or community council in exercising their powers under that section.

(2)Without prejudice to any other power of combination, a parish or community council may by agreement combine with any other parish or community council for the purpose of exercising their powers under section 57 of this Act.

(3)Where before 17th July 1957 a parish council has provided anything which could be provided by a parish council under section 57 of this Act, or where any other person has at any time provided anything which could be provided by a parish council under that section, the parish or community council shall have the like power to maintain that thing as if it had been provided by them under that section.

(4)In sections 57 to 59 of this Act and in subsections (1) and (2) above, except in so far as the context otherwise requires,—

• “in”, in a context referring to things in a road, includes a reference to things under, over, across, along or upon the road;

• “owner” has the meaning assigned to it by section 343 of the Public Health Act 1936;

• “parish” or “community”, in relation to a common parish council or common community council acting for two or more grouped parishes or communities, means those parishes or communities;

• “public path” has the meaning assigned to it by section 27 of the National Parks and Access to the Countryside Act 1949; and

• “road” means a highway (including a public path) and any other road, lane, footway, square, court, alley or passage (whether a thoroughfare or not) to which the public has access, but does not include a road provided or to be provided in pursuance of a scheme made, or having effect as if made, under section 16 of the Highways Act 1980 (which relates to special roads).

Special parking provisions

61 Loading areas.

(1)If it appears to the council of a county, metropolitan district or London borough or the Common Council of the City of London that any land in their area which is not part of a highway has been set apart by the occupier of the land for use as a place where vehicles may be driven and parked for the purpose of being loaded or unloaded in connection with a trade or business carried on on or in the vicinity of the land, the council may, subject to Part III of Schedule 9 to this Act, by an order made with the consent of the owner and the occupier of the land—

(a)designate the land as an area to which the following provisions of this section apply (in this section referred to as a “loading area”), and

(b)specify the trade or business in question.

(2)A council which has made an order in pursuance of subsection (1) above—

(a)may vary the order by a subsequent order made with the consent of the owner and the occupier of the land to which the order relates;

(b)may revoke the order by a subsequent order made with the consent of the owner and the occupier of the loading area in question; and

(c)shall revoke the order by a subsequent order if requested in writing to do so by the owner and the occupier of the loading area in question.

(3)An order in pursuance of subsection (1) or (2)(a) above may contain provisions prohibiting the parking, in the loading area to which the order relates, of vehicles of such kinds as are specified in the order, except authorised vehicles, at all times or at times so specified, and may make different provision in pursuance of the preceding provisions of this subsection for different parts of the area; and in this subsection “authorised vehicle”, in relation to a loading area, means a goods vehicle (as defined by section 192(1) of the Road Traffic Act 1988 ) which is in the area for the purpose of being loaded or unloaded in connection with the trade or business specified in the order designating the area.

(4)Where an order has been made by a council in pursuance of subsection (1) above and, by virtue of paragraph 22(1)(e) of Schedule 9 to this Act, traffic signs are required to be placed on the loading area to which the order relates, a person authorised in that behalf by the council may enter on the loading area for the purpose of placing any such traffic signs and for the purpose of maintaining or removing the signs.

(5)A person who, without reasonable excuse, causes a vehicle to be in any part of a loading area at a time when the parking of it there is prohibited by an order made in pursuance of subsection (1) above shall be guilty of an offence.

(6)References in subsections (2) to (5) above to an order made in pursuance of subsection (1) above include, in the case of such an order which has been varied in pursuance of subsection (2)(a) of this section, references to the order as so varied.

(7)Subsections (3) to (5) of section 44 of the Local Government (Miscellaneous Provisions) Act 1976 (which contain ancillary provisions for the purposes of Part I of that Act) shall have effect as if this section were included in that Part of that Act.

(8)In this section “owner”, in relation to any land, means a person who, either on his own account or as agent or trustee for another person, is receiving the rackrent of the land or would be entitled to receive it if the land were let at a rackrent; and any reference to a traffic sign, in relation to any land which is not a road, includes a reference to any object, device, line or mark which would be a traffic sign (as defined by section 64 of this Act) if the land were a road.

62 Parking in Royal Parks.

Regulations under section 2 of the Parks Regulation (Amendment) Act 1926 may make provision for imposing and recovering charges for the leaving of vehicles, or vehicles of any class, in any park to which that Act applies; and regulations made by virtue of this section may make, as respects charges and penalties recoverable under the regulations, provision corresponding to the provisions of section 47(4) of this Act.

63 Stands and racks for bicycles.

The powers of any authority under this Act to provide parking places shall extend to providing, in roads or elsewhere, stands or racks for, or devices for securing, bicycles or motor cycles .

Parking attendants

63A Parking attendants.

(1)A local authority may provide for the supervision of parking places within their area by individuals to be known as parking attendants.

(2)Parking attendants shall also have such other functions in relation to stationary vehicles as may be conferred by or under any other enactment.

(3)A parking attendant shall be—

(a)an individual employed by the authority; or

(b)where the authority have made arrangements with any person for the purposes of this section, an individual employed by that person to act as a parking attendant.

(4)Parking attendants in an area that is a civil enforcement area for parking contraventions—

(a)when exercising prescribed functions must wear such uniform as may be determined by the enforcement authority in accordance with guidance issued by the appropriate national authority, and

(b)must not exercise any of those functions when not in uniform.

Expressions used in this subsection that are defined for the purposes of Part 6 of the Traffic Management Act 2004 have the same meaning as in that Part.

(5)In this section “local authority” and “parking place” have the meanings given by section 32(4) of this Actexcept that Transport for London shall also be a local authority.

(6)For the purposes of this section, the area of Transport for London is Greater London.

Part V Traffic Signs

General provisions

64General provisions as to traffic signs.

(1)In this Act “traffic sign” means any object or device (whether fixed or portable) for conveying, to traffic on roads or any specified class of traffic, warnings, information, requirements, restrictions or prohibitions of any description—

(a)specified by regulations made by the relevant authority , or

(b)authorised by the relevant authority ,

and any line or mark on a road for so conveying such warnings, information, requirements, restrictions or prohibitions.

(2)Traffic signs shall be of the size, colour and type prescribed by regulations made as mentioned in subsection (1)(a) above except where the relevant authority authorises the erection or retention of a sign of another character; and for the purposes of this subsection illumination, whether by lighting or by the use of reflectors or reflecting material, or the absence of such illumination, shall be part of the type or character of a sign.

(2A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2B). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2C). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)Regulations under this section may be made so as to apply either generally or in such circumstances only as may be specified in the regulations.

(4)Except as provided by this Act, no traffic sign shall be placed on or near a road except—

(a)a notice in respect of the use of a bridge;

(b)a traffic sign placed, in pursuance of powers conferred by a special Act of Parliament or order having the force of an Act, by the owners or operators of a tramway, light railway or trolley vehicle undertaking, a dock undertaking or a harbour undertaking; or

(c)a traffic sign placed on any land—

(i)by a person authorised under the following provisions of this Act to place the sign on a road , and

(ii)for a purpose for which he is authorised to place it on a road .

(5)Regulations under this section, or any authorisation under subsection (2) above, may provide that section 36 of the Road Traffic Act 1988 (drivers to comply with traffic directions) shall apply to signs of a type specified in that behalf by the regulations or, as the case may be, to the sign to which the authorisation relates.

(6)References in any enactment (including any enactment contained in this Act) to the erection or placing of traffic signs shall include references to the display of traffic signs in any manner, whether or not involving fixing or placing.

(6A)In this section “"relevant authority”” means—

(a)in relation to a function so far as exercisable within devolved competence, within the meaning of the Scotland Act 1998, means the Scottish Ministers;

(b)in relation to a function so far as exercisable within devolved competence, within the meaning given by section 58A(7) and (8) of the Government of Wales Act 2006, means the Welsh Ministers;

(c)otherwise, means the Secretary of State.

(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

65 Powers and duties of traffic authorities as to placing of traffic signs.

(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 ... or such other directions as may be given by the relevant authority .

(1A)The power to give general directions under subsection (1) above includes power to require equipment used in connection with traffic signs to be of a type approved in accordance with the directions.

(2)The relevant authority may give directions to a strategic highways company or a local traffic authority—

(a)for the placing of a traffic sign of any prescribed type or authorised character specified in the directions, or

(b)for replacing a sign so specified by, or converting it into, a sign of another prescribed type or authorised character so specified.

(3)The power of the Secretary of State or the Welsh Ministers to give general directions under subsection (1) above shall be exercisable by statutory instrument.

(3ZA)The power of the Scottish Ministers to give general directions under subsection (1) is to be exercisable by Scottish statutory instrument.

(3ZB)Before giving a general direction under subsection (1) the Secretary of State must consult with the Welsh Ministers and the Scottish Ministers.

(3ZC)Before the Welsh Ministers or the Scottish Ministers give a general direction under subsection (1) they must consult with the Secretary of State.

(3A)No charge may be made—

(a)in England and Wales, by a highway authority which is the council of a county, metropolitan district or London borough or the Common Council of the City of London, or

(b)in Scotland, by a local roads authority,

with respect to the exercise of their power under subsection (1) above to permit a traffic sign to be placed on or near any road in their area if—

(i)the sign conveys information of a temporary nature or is otherwise intended to be placed only temporarily; and

(ii)the sign is to be placed by a body which is prescribedin regulations made by the relevant authority for the purposes of this subsection as being a body appearing to the relevant authority to be representative of the interests of road users or any class of road users.

(4)In this section—

• “authorised character” means a character authorised by the relevant authority ; and

• “prescribed type” means a type prescribed by regulations made under section 64(1)(a) of this Act.

(5)In this section “"relevant authority”” means—

(a)in relation to a function so far as exercisable within devolved competence, within the meaning of the Scotland Act 1998, means the Scottish Ministers;

(b)in relation to a function so far as exercisable within devolved competence, within the meaning given by section 58A(7) and (8) of the Government of Wales Act 2006, means the Welsh Ministers;

(c)otherwise, means the Secretary of State.

66 Traffic signs for giving effect to local traffic regulations.

(1)A constable, or a person acting under the instructions (whether general or specific) of the chief officer of police, may place on a road , or on any structure on a road , traffic signs (of any size, colour and type prescribed or authorised under section 64 of this Act) indicating prohibitions, restrictions or requirements relating to vehicular traffic, as may be requisite—

(a)for giving effect to regulations, orders or directions under any enactment mentioned in subsection (2) below, or

(b)for giving effect to directions given under section 31(4) of the Road Traffic Act 1988 (which enables directions to be given in consequence of the holding of an authorised race or trial of speed).

(2)The enactments referred to in subsection (1) above are—

(a)section 52 of the Metropolitan Police Act 1839 (which relates to prevention of obstruction on public occasions or in the neighbourhood of public buildings in the metropolitan police district);

(b)section 22 of the local Act of the second and third year of the reign of Queen Victoria, chapter 94 (which makes similar provision in relation to the City of London);

(c)section 21 of the Town Police Clauses Act 1847 (which likewise makes similar provision for areas to which that Act is applied); and

(d)section 62 of the Roads (Scotland) Act 1984 and any corresponding provision contained in a local Act relating to any part of Scotland.

(3)In this section “prescribed” means prescribed by regulations under section 64(1)(a) of this Act.

67 Emergencies and temporary obstructions.

(1)A constable, or a person acting under the instructions (whether general or specific) of the chief officer of police, may place on a road , or on any structure on a road , traffic signs (of any size, colour and type prescribed or authorised under section 64 of this Act), indicating prohibitions, restrictions or requirements relating to vehicular traffic, as may be necessary or expedient to prevent or mitigate congestion or obstruction of traffic, or danger to or from traffic, in consequence of extraordinary circumstances; and the power to place signs conferred by this subsection shall include power to maintain a sign for a period of 7 days or less from the time when it was placed, but no longer.

(1A)In subsection (1)—

(a)“extraordinary circumstances” includes terrorism or the prospect of terrorism within the meaning of section 1 of the Terrorism Act 2000 (c. 11), and

(b)the reference to 7 days shall, in the application of the subsection in connection with terrorism or the prospect of terrorism, be taken as a reference to 28 days;

but this subsection does not apply to a power under subsection (1) in so far as exercisable by a traffic officer by virtue of section 7 of the Traffic Management Act 2004 (c. 18).

(1B)In the application of subsection (1) in connection with terrorism or the prospect of terrorism—

(a)the reference to vehicular traffic is to be read as a reference to any kind of traffic (including pedestrians), and

(b)the other references to traffic are to be read accordingly.

(2)Section 36 of the Road Traffic Act 1988 (drivers to comply with traffic directions) shall apply to signs placed in the exercise of the powers conferred by subsection (1) above.

(3)Regulations under section 64 of this Act prescribing any type of object or device for warning traffic of a temporary obstruction may include provisions for authorising (subject to such conditions as may be specified in the regulations) persons not otherwise authorised to do so to place an object or device of that type on or near roads, or on or near any description of road so specified, in such circumstances and for such periods as may be so specified.

68 Placing of traffic signs in connection with exercise of other powers.

(1)This section applies to any authority having power to make—

(a)an order under or by virtue of any of the following provisions of this Act, namely, sections 1 to 4, sections 14, 16A 19, 29, . . . 32, 35, 37, 38, 45 and 46 and subsections (2) and (4) of section 49, or

(b)an order as respects a road outside Greater London under section 9 of this Act, or

(c)an order to which this paragraph applies by virtue of any provision of Part VI of this Act.

(2)Without prejudice to any powers conferred by or under any other provision of this Act, but subject to subsection (3) below, an authority to whom this section applies may place and maintain, or cause to be placed and maintained, such traffic signs, of any type prescribed or character authorised under section 64 of this Act, as the authority may consider necessary in connection with any order made by the authority as respects any road and falling within any of paragraphs (a) to (c) of subsection (1) above or, in the case of a traffic authority having power to make an order under section 14 of this Act, as the authority may consider necessary in connection with any order made or notice issued by them under that section ; but, if the order is made or, as the case may be, the notice is issued by an authority other than the traffic authority for the road, the authority by whom the order is made or, as the case may be, the notice is issued —

(a)shall consult with the traffic authority as to the placing of the signs, and

(b)unless the traffic authority are unwilling to do so, shall enter into arrangements with the traffic authority for the signs to be placed and maintained by the traffic authority

(3)The power conferred by subsection (2) above on an authority to whom this section applies shall be exercisable subject to and in conformity with any general directions given under section 65(1) of this Act, whether that authority is a traffic authority or not; and any other power conferred by section 65 to give directions to a traffic authority shall include power to give the like directions to an authority to whom this section applies.

69 General provisions as to removal of signs.

(1)The traffic authority may by notice in writing require the owner or occupier of any land on which there is an object or device (whether fixed or portable) for the guidance or direction of persons using the road to remove it.

(2)If a person fails to comply with such a notice, the traffic authority may themselves effect the removal, doing as little damage as may be; and the expenses incurred by them in doing so shall be recoverable by them from the person in default, and, in England or Wales, shall be so recoverable summarily as a civil debt.

(3)The national authority may give directions to a strategic highways company or a local traffic authority requiring it or them to remove, or cause to be removed, any traffic sign or any such object or device as is mentioned in subsection (1) above.

70 Default powers of Secretary of State as to traffic signs.

(1)If a strategic highways company, a local traffic authority or an authority to whom section 68 of this Act applies fail to comply with any direction given under section 65(2) or section 69 of this Act, the national authority may ... carry out the work required by the direction; and the expenses incurred ... in doing so shall be recoverable by the national authority from the company or the authority that failed to comply with the direction , and, in England or Wales, shall be so recoverable summarily as a civil debt.

(2)Any such direction—

(a)if relating to a road in England or Wales, shall be enforceable on the application of the Secretary of State by an order of mandamus; or

(b)if relating to a road in Scotland, shall be enforceable by order of the Court of Session on an application by the Lord Advocate under section 91 of the Court of Session Act 1868.

(3)In England, where subsection (1) applies in respect of non-compliance with a direction by a traffic authority other than a strategic highways company—

(a)a strategic highways company may carry out the work required by the direction with the consent of the Secretary of State, and

(b)the expenses incurred by the company in doing so are recoverable by the company from the authority summarily as a civil debt.

71 Power to enter land in connection with traffic signs.

(1)A strategic highways company, alocal traffic authority or an authority to whom section 68 of this Act applies or the national authority may enter any land and exercise such other powers as may be necessary for the purpose of the exercise and performance of their powers and duties of placing, replacing, converting and removing traffic signs or their powers and duties under section 69 of this Act.

(2)In this section “traffic signs” includes signposts for footpaths (within the meaning of the Highways Act 1980) and bridleways, and “signposts” includes other signs or notices for the same purpose.

(3)Subsection (2) above does not extend to Scotland.

72 Powers exercisable by parish or community councils.

(1)A parish or community council may, with the permission of the highway authority and subject to any conditions imposed by that authority, provide on or near any road, other than a footpath or bridleway, or may contribute, either wholly or in part, towards the cost of providing on or near any such road, traffic signs indicating—

(a)a stopping place for public service vehicles;

(b)a warning of the existence of any danger; or

(c)the name of the parish or community or of any place in it.

(2)A parish or community council may provide, or may contribute, either wholly or in part, towards the cost of providing, on or near any footpath or bridleway, any object or device (not being a traffic sign) for conveying to users of that footpath or bridleway a warning of the existence of danger.

(3)No traffic sign, object or device provided by a parish or community council in pursuance of this section shall be placed on any land (not being a road or part of a road) without the consent of the owner and occupier of the land.

(4)Nothing in this section shall prejudice the exercise by the highway authority , the Welsh Ministers or the Secretary of State of their powers under section 69 of this Act; but where any such object or device as is mentioned in subsection (1) of that section is an object or device—

(a)provided by a parish or community council in pursuance of this section, and

(b)so provided on land which the council neither own nor occupy,

the powers conferred on the highway authority by that subsection shall be exercisable in relation to the council and not in relation to the owner or occupier of the land.

(5)For the purpose of complying with a notice under section 69(1) of this Act which, by virtue of subsection (4) above, requires a parish or community council to remove an object or device, the council may enter any land and exercise such other powers as may be necessary for that purpose.

(6)A parish or community council may warn the public of any danger in or apprehended in their area, subject, however, in the case of a warning given by providing any traffic sign, object or device, to the provisions of subsections (1) and (3) above.

(7)This section does not extend to Scotland.

Provisions as to Greater London

73Powers and duties of local traffic authorities in Greater London in respect of traffic signs.

(1)In connection with any order under section 6 or 9 of this Act made or proposed by them, Transport for London, the council of a London borough and the Common Council of the City of London may, as respects any road. . . for which they are the traffic authority affix any traffic sign to any lamp-post or other structure in the highway, whether or not belonging to Transport for London or the council.

(1A)In connection with any GLA road, Transport for London may—

(a)exercise, as respects any road in Greater London which is neither a trunk road nor a GLA road, any powers exercisable by the traffic authority for that road in connection with the placing of traffic signs on or near that road in pursuance of section 65 of this Act; and

(b)affix any such sign to any lamp-post or other structure in the highway, whether or not belonging to Transport for London.

(1B)The power conferred by subsection (1A) above shall be exercisable—

(a)in connection with any order under section 6 or 9 of this Act made or proposed to be made by Transport for London; or

(b)in any other circumstances.

(1C)Before exercising the power conferred by subsection (1A) above, Transport for London shall consult the traffic authority for the road on or near which Transport for London proposes to place the traffic sign.

(2)As respects any traffic sign lawfully in place in Greater Londonwhich is required in connection with an order under section 6 or 9 of this Act, it shall be the duty of the appropriate traffic authority —

(a)to take such steps to maintain, and to make such alteration of, that sign as may be necessary or expedient in connection with any relevant order, and

(b)to remove the sign if it ceases to be required in connection with any order under section 6 or 9 of this Act.

In paragraph (a) above “relevant order”, in relation to a traffic sign, means an order under section 6 or 9 of this Act in connection with which the traffic sign is required.

(2A)For the purposes of subsection (2) above, “the appropriate traffic authority”, in the case of any traffic sign, is the authority which is the traffic authority for the road as respects which the order under section 6 or 9 of this Act is made in connection with which the traffic sign is required.

(3)—(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)The powers of Transport for London exercisable under subsection (1A) above by virtue of subsection (1B)(b) above shall extend to the removal or repositioning of any traffic sign on or near the road in question, whether placed by Transport for London or not.

(7)On the removal or repositioning by Transport for London of any such traffic sign placed by another authority, the traffic sign shall vest in Transport for London.

(8)Except—

(a)with the consent of Transport for London, or

(b)in pursuance of a direction under section 65(2) of this Act,

the traffic authority for a road shall not remove, alter or in any way interfere with any traffic sign placed or repositioned on or near the road by Transport for London by virtue of subsection (1B)(b) above.

74 Affixing of traffic signs to walls.

(1)For the purpose of placing traffic signs on or near any road in their area in pursuance of section 65, 68 or 73 of this Act, . . . Transport for London and the council of a London borough . . . shall each (subject to subsections (2) to (7) below) have power to affix a traffic sign to any external wall of a building having a frontage to, or constructed over, any such road.

(1A)Subsections (2) to (7) below shall apply in relation to Transport for London as they apply in relation to a London borough council.

(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)Subject to subsection (4) below, a council shall not affix a traffic sign to the external wall of a building under this section without the consent of the owner of the building.

(4)Where in the opinion of . . . the council of a London borough . . . any consent required under subsection (3) above is unreasonably withheld, they may apply to the appropriate authority, who may either allow the affixing of the traffic sign subject to such conditions, if any, as to rent or otherwise as the appropriate authority think fit, or disallow the affixing of the traffic sign.

(5)Where any traffic sign has been affixed by a council to a building under this section—

(a)the council shall have the right, as against any person having an interest in the building, to alter or remove it, or to repair or maintain it, but

(b)the owner of the building may give to the council not less than 14 days’ notice requiring them at their own expense temporarily to remove the sign where necessary during any reconstruction or repair of the building.

(6)If any person suffers damage by or in consequence of the affixing of a traffic sign by a council, or by or in consequence of the exercise by a council of the rights conferred by subsection (5)(a) above, he shall be entitled to be paid by the council such compensation as may be agreed with the council or, in default of agreement, determined by arbitration.

(7)Subsection (1) above shall have effect subject to section 2 of the Ancient Monuments and Archaeological Areas Act 1979 (under which scheduled monument consent is required for the execution of certain works affecting scheduled monuments).

(8)Nothing in this section shall derogate from the powers of Transport for London or . . . the council of a London borough to enter on land for the placing of traffic signs in pursuance of section 71 of this Act or to carry out work for the improvement of a highway in pursuance of section 62 of the Highways Act 1980 (general power of improvement).

(9)In this section—

• “appropriate authority” means a magistrates’ court, except that, in relation to buildings of any description specified in the first column of Schedule 5 to this Act, it means the minister specified in relation to that description in the second column of that Schedule;

• “building” includes a structure and a bridge or aqueduct over a street;

• “owner”—

  (a)

  in relation to a building occupied under a tenancy for a term of years of which five years or more remain unexpired, means the occupier of the building, and

  (b)

  in relation to any other building, means the person for the time being receiving the rackrent of the building, whether on his own account or as agent or trustee for any other person, or who would so receive it if the building were let at a rackrent; and

• “traffic sign” includes any apparatus required for the illumination of a traffic sign which forms part of the sign.

74A London borough councils and the London traffic control system.

(1)If a London borough council requests Transport for London to provide any new traffic light installations for a road in Greater London which is neither a GLA road nor a trunk road, Transport for London shall approve and carry out the work unless it considers that there are reasonable grounds for refusing to do so.

(2)If Transport for London and a London borough council so agree, Transport for London may make a scheme transferring to the council—

(a)any part of the London traffic control system, and

(b)the power to maintain and operate that part of the system.

(3)The council for a London borough may, with the approval of Transport for London, buy, own, maintain and operate new traffic light installations for any road in the borough other than a trunk road.

(4)Where the powers conferred by subsection (2) or (3) above are exercised, the London borough council concerned shall, as respects the traffic signs comprised in—

(a)the part of the London traffic control system transferred by the scheme under subsection (2) above, or

(b)the traffic light installations referred to in subsection (3) above,

be treated (to the exclusion of Transport for London) as the traffic authority for all roads in Greater London (other than trunk roads) on or near which those traffic signs are placed.

(5)Any exercise of the powers conferred by subsections (1) to (3) above is subject to the agreement of financial arrangements between Transport for London and the council concerned.

(6)Before Transport for London—

(a)changes the operating cycle, or the timing of the operating cycle, of any traffic light installations provided on a road in Greater London which is neither a GLA road nor a trunk road, or

(b)provides new traffic light installations for such a road,

Transport for London shall consult the council of the London borough in which the installations are or are to be provided.

(7)In this section—

• “the London traffic control system” means the traffic control system which Transport for London has power to operate by virtue of the functions transferred to it—

  (a)

  by section 275 of the Greater London Authority Act 1999; or

  (b)

  by a scheme under subsection (1) or (3) of section 74B of this Act transferring functions of the Secretary of State to Transport for London;

• “traffic control system” means a system for controlling the movement of vehicular traffic or of pedestrians by means of traffic light installations;

• “traffic light installations” means—

  (a)

  traffic signs which are light signals for controlling the movement of vehicular traffic or of pedestrians; or

  (b)

  any installations or apparatus used in connection with the operation of any such traffic signs.

(8)For the purposes of this section—

(a)the City of London shall be treated as if it were a London borough;

(b)the Common Council shall be treated as if it were the council for a London borough; and

(c)the Inner Temple and the Middle Temple shall be treated as forming part of the City.

74B Transfer of traffic control systems between Secretary of State or a strategic highways company and Transport for London.

(1)If the Secretary of State or a strategic highways company and Transport for London so agree, the Secretary of State or the company may make a scheme transferring to Transport for London—

(a)the traffic control system for a trunk road in Greater London; and

(b)the power to maintain and operate that system.

(2)If Transport for London and the Secretary of State or a strategic highways company so agree, Transport for London may make a scheme transferring to the Secretary of State or the company—

(a)the London traffic control system; and

(b)the power to maintain and operate that system.

(3)If, in a case where a traffic control system has been transferred under this section, the transferee and the transferor so agree, the transferee may make a scheme transferring back to the transferor the system and the power to maintain and operate it.

(4)A scheme under subsection (1), (2) or (3) above may make provision for the transferee to be treated (to the exclusion of the transferor), as respects the traffic signs comprised in the traffic control system transferred, as the traffic authority for specified roads in Greater London on or near which those traffic signs are placed.

(5)Any exercise of the powers conferred by subsections (1) to (3) above is subject to the agreement of financial arrangements between the Secretary of State or the strategic highways company and Transport for London.

(6)Any reference in this section to a traffic control system includes a reference to part of a traffic control system.

(7)Expressions used in this section and in section 74A above have the same meaning in this section as they have in that section.

74C The traffic authority for traffic signs.

(1)This section has effect for the purposes of sections 65, 73, 74, 74A, 74B and 75 of this Act.

(2)In the application of those provisions to traffic signs in Greater London which are light signals for controlling the movement of vehicular traffic or of pedestrians, Transport for London shall at all times be deemed to be the traffic authority for all roads in Greater London other than trunk roads.

(3)Without prejudice to the powers of the traffic authority for the road in question, Transport for London shall also be deemed to be the traffic authority for any road in Greater London for which they are not in fact the traffic authority for the purposes of the exercise by them as respects that road under section 73(1A) above of any powers exercisable by the traffic authority for that road.

(4)Subsections (2) and (3) above are subject to any provision to the contrary made by or under section 74A or 74B of this Act.

75 Similar provisions applicable in City of London.

(1)For the purpose of placing traffic signs on or near any road in the City of London in pursuance of section 65 of this Act, or any apparatus required for illumination forming part of any such sign, the Corporation, subject to subsections (2) and (3) below, shall have power to affix any such sign or apparatus to the external wall of any building fronting any such road.

(2)Section 53 of the City of London (Various Powers) Act 1900 (which, in relation to things affixed for the public lighting of streets, provides for compensation for injury and makes special provision as to railway property and Crown property) shall apply in relation to the affixing of any traffic sign or apparatus under subsection (1) above as it applies to the affixing of brackets, wires, pipes, lamps and apparatus for the public lighting of streets, and shall so apply as if, in that section, “street” included any road within the meaning of this Act.

(3)Nothing in this section shall authorise the Corporation, without the consent of the Secretary of State, to affix any traffic sign or apparatus forming part of any such sign to—

(a)any building for the time being included in a list published by the Secretary of State under any enactments for the time being in force with respect to ancient monuments, or

(b)any building for the time being included in a list of buildings of special architectural or historic interest compiled by the Secretary of State under section 1 of the Planning (Listed Buildings and Conservation Areas) Act 1990 , not being a building to which paragraph (a) above applies.

(4)Subsection (3) above is without prejudice to section 2 of the Ancient Monuments and Archaeological Areas Act 1979 (under which scheduled monument consent is required for the execution of certain works affecting scheduled monuments).

(5)In this section “the Corporation” means the mayor and commonalty and citizens of the City of London acting by the Common Council.

76. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Supplementary provisions

77 Traffic signs: modifications as respects trunk roads.

In relation to a road for which the national authority is the traffic authority —

(a)section 65(1) of this Act shall have effect with the omission of references to directions, and

(b)the provisions of this Act relating to directions for the placing, replacing, conversion and removal of traffic signs, notices, objects or devices shall not apply except in relation to a bridge repairable by a person other than the national authority .

78. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

79 Advances by Secretary of State towards expenses of traffic signs.

(1)The national authority may make advances towards any expenses incurred by a council in the discharge of any obligation imposed on them, by or under any provisions to which this section applies, in relation to the erection, maintenance, alteration or removal of traffic signs.

(1A)An advance by the Secretary of State under this section is to be made out of moneys provided by Parliament.

(2)This section applies to all the provisions of this Act except sections 72, 74 and 75.

(3)An advance under this section may be either by way of grant or by way of loan or partly in the one way and partly in the other, and shall be upon such terms and subject to such conditions as the national authority thinks fit.

(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)The power of the national authority under this section to make advances towards expenses incurred in relation to traffic signs shall be exercisable with respect to any expenses incurred under section 68 of this Act by an authority to whom that section applies or by a local traffic authority

80 References to highway authorities in Part V.

(1)References to a traffic authority in any of the provisions of this Act specified in subsection (2) below shall be construed as including references to any person who, not being a traffic authority , is responsible for the maintenance of a road.

(2)The provisions of this Act referred to in subsection (1) above are section 65 and sections 68 to 73.

Part VI Speed Limits

81 General speed limit for restricted roads.

(1)It shall not be lawful for a person to drive a motor vehicle on a restricted road at a speed exceeding 30 miles per hour.

(2)The national authority may by order ... increase or reduce the rate of speed fixed by subsection (1) above, either as originally enacted or as varied under this subsection.

(3)An order under subsection (2)—

(a)if made by the Secretary of State, is to be made by statutory instrument and approved by a resolution of each House of Parliament;

(aa)if made by the Welsh Ministers, is to be made by statutory instrument and approved by a resolution of the National Assembly for Wales;

(b)if made by the Scottish Ministers, is subject to the affirmative procedure.

(4)Before making an order under subsection (2) the Secretary of State must consult with the Welsh Ministers and the Scottish Ministers.

(5)Before the Welsh Ministers or the Scottish Ministers make an order under subsection (2) they must consult with the Secretary of State.

82 What roads are restricted roads.

(1) Subject to the provisions of this section and of section 84(3) of this Act, a road is a restricted road for the purposes of section 81 of this Actif—

(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 Scottish Ministers .

(2)The traffic authority for a road may direct

(a)that the road which is a restricted road for the purposes of section 81 of this Act shall cease to be a restricted road for those purposes, or

(b)that the road which is not a restricted road for those purposes shall become a restricted road for those purposes.

( 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 manner prescribed in regulations made by the national authority , 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.

83 Provisions as to directions under s. 82(2)

(1)A direction under section 82(2) by the national authority shall be given by means of an order made by the national authority after giving public notice of the national authority's intention to make an order.

( 2 )A direction under section 82(2) by a local traffic authority shall be given by a strategic highways company or by means of an order made by the company or the authority.

(3)Section 68(1)(c) of this Act shall apply to any order made under subsection (2) above.

(4)The power of the Welsh Ministers to make an order under subsection (1) is exercisable by statutory instrument.

84 Speed limits on roads other than restricted roads.

( 1 )An order made under this subsection as respects any road may prohibit—

(a)the driving of motor vehicles on that road at a speed exceeding that specified in the order,

(b)the driving of motor vehicles on that road at a speed exceeding that specified in the order during periods specified in the order, or

(c)the driving of motor vehicles on that road at a speed exceeding the speed for the time being indicated by traffic signs in accordance with the order.

( 1A )An order made by virtue of subsection (1)(c) above may—

(a)make provision restricting the speeds that may be indicated by traffic signs or the periods during which the indications may be given, and

(b)provide for the indications to be given only in such circumstances as may be determined by or under the order;

but any such order must comply with regulations made under subsection (1B) below, except where the national authority authorises otherwise in a particular case.

(1B)The national authority may make regulations governing the provision which may be made by orders of strategic highways companies orlocal authorities under subsection (1)(c) above, and any such regulations may in particular—