Road Traffic Regulation Act 1984, Schedule 9, paragraph 20

SCHEDULE 9 Special Provisions as to certain Orders

20 (1) F915,F916,F923Subject to sub-paragraph (2) below, before [F914makingF914] make an order under or by virtue of any of the following provisions of this Act, namely, sections 1, 6, 9, 19, 29, . . . 32, 35, 37, 38, 45, 46, 49, . . . 61, 83(2) and 84, [F917a strategic highways company, F917][F918 a local authority or Transport for LondonF918] shall consult with the chief officer of police of any police area in which any road or other place to which the order is to relate is situated; and, if the order in question has to be submitted [F919forF919] consent under Part II of this Schedule [F920or any other provision of this Act, [F921 the company,F921,F920]] , the authority [F922or, as the case may be, Transport for LondonF922] shall so consult before submitting the order ....

(2) Sub-paragraph (1) above shall not apply to an order made in pursuance of a direction under paragraph 2 of this Schedule, and shall have effect without prejudice to any further requirements contained in any regulations made under the subsequent provisions of this Part of this Schedule.

Definitions used in Schedule 9, paragraph 20 3

strategic highways company

“strategic highways company” means a company appointed under section 1 of the Infrastructure Act 2015 ;

Defined in s.142(1) · see it in the full Act
local authority

(2) In this paragraph “local authority” has the meaning assigned to it by section 45(7) of this Act .

Defined in Sch.9 para.6(2) · see it in the full Act

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

Defined in s.43(14) · see it in the full Act
road

“road”—

(a)

in England and Wales, means any length of highway or of any other road to which the public has access, and includes bridges over which a road passes, and

(b)

in Scotland, has the same meaning as in the Roads (Scotland) Act 1984;

Defined in s.142(1) · see it in the full Act

Cases considering Schedule 9, paragraph 20 3

Trail Riders Fellowship v WILTSHIRE COUNTY COUNCIL

[2018] EWHC 3600 (Admin) · 21 December 2018

Requires consultation with the relevant chief officer of police. The Council’s limited contact with a senior police officer did not satisfy that requirement (see paras [10]; [24]).

Daniel Adams v North Somerset Council

[2026] EWHC 1883 (Admin) · 23 July 2026

The court identified paragraph 20 as requiring consultation with the chief officer of police before making a relevant traffic regulation order. No breach of that requirement was alleged. (see para [42]) The court noted that consultation under paragraph 20(1) operated without prejudice to further regulatory requirements. (see para [42])

Surrey County Council v Royal Borough of Windsor and Maidenhead

[2016] EWHC 2901 (Admin) · 16 November 2016Interprets

Provides an example of a statutory consultation requirement expressly tied to an earlier procedural stage. The comparison supported the conclusion that regulation 6 consultation need only be completed before the order is made (see para [48]).

What each judgment says about Schedule 9, paragraph 20 is in the case-law panel in the full Act.

Amendments and notes

10 notes from legislation.gov.uk

Amendments

  1. F915In Sch. 9 para. 20(1) reference to s. 30 repealed (1.11.1991) by New Roads and Street Works Act 1991 (c. 22, SIF 59, 108), s. 168(1)(2), Sch. 8 para. 80(3), Sch. 9; which repeal is in force for Scotland only by S.I. 1991/2286, art. 2(2), Sch. 2 and for England and Wales only by S.I. 1991/2288, art. 3, Sch.
  2. F916“50," repealed by Local Government Act 1985 (c. 51, SIF 81:1), ss. 1, 2, 8(1), 102(2)(3), Sch. 5 para. 4(39)(b), Sch. 17
  3. F923Words in Sch. 9 para. 20(1) omitted (23.5.2016) by virtue of Scotland Act 2016 (c. 11), s. 72(7), Sch. 2 para. 16(2)(b)
  4. F914Words in Sch. 9 para. 20(1) substituted (3.7.2000) by S.I. 2000/1547, art. 3(2)(a)
  5. F917Words in Sch. 9 para. 20(1) inserted (5.3.2015) by Infrastructure Act 2015 (c. 7), s. 57(1), Sch. 1 para. 100(9)(a); S.I. 2015/481, reg. 2(a)
  6. F918Words in Sch. 9 para. 20(1) substituted (3.7.2000) by S.I. 2000/1547, art. 3(2)(b)
  7. F919Word in Sch. 9 para. 20(1) substituted (23.5.2016) by Scotland Act 2016 (c. 11), s. 72(7), Sch. 2 para. 16(2)(a)
  8. F920Words in Sch. 9 para. 20(1) inserted (3.7.2000) by S.I. 2000/1547, art. 3(2)(c)
  9. F921Words in Sch. 9 para. 20(1) inserted (5.3.2015) by Infrastructure Act 2015 (c. 7), s. 57(1), Sch. 1 para. 100(9)(b); S.I. 2015/481, reg. 2(a)
  10. F922Words in Sch. 9 para. 20(1) inserted (3.7.2000) by S.I. 2000/1547, art. 3(2)(d)