Road Traffic Regulation Act 1984, Schedule 9, paragraph 27

SCHEDULE 9 Special Provisions as to certain Orders

27 (1) F950Subject to [F946sub-paragraphs (2) [F947 , (2A), (3) and (4)F947,F946]] below, any power to make an order as respects any road or parking place conferred by or by virtue of any of the following provisions of this Act, namely, sections 1, 6, 9, [F94814F948][F949 16AF949] 19, 29, . . . 32, 35, 37, 38, 45, 46, 49(2) and (4), 50, 53, 83 and 84 and paragraph 7 of this Schedule, shall include power for the authority for the time being having power to make such an order as respects that road or parking place to make an order varying or revoking any previous order as respects that road or parking place made, or having effect as if made, under or by virtue of the provision in question, whether the previous order was made by that or some other authority, and notwithstanding that the previous order was, and the order varying or revoking it is not, made in pursuance of a power exercisable by statutory instrument.

(2) Sub-paragraph (1) above shall have effect—

(a) F951subject to sections 39(6), . . . and 59(6) of this Act, and

(b) without prejudice to section 50(6) of this Act.

[F952 (2A) Where an order is required for the provision of facilities or the taking of measures pursuant to an advanced quality partnership scheme made under Part 2 of the Transport Act 2000 by more than one authority—

(a) it may not be varied or revoked by virtue of this paragraph by the Secretary of State unless the Secretary of State has consulted the other authority or authorities who made the scheme, and

(b) it may not be varied or revoked by virtue of this paragraph by any other authority without the consent of that other authority or those other authorities.F952]

[F953 (3) Where an order is required for the provision of facilities pursuant to a quality partnership scheme made under Part II of the Transport Act 2000 by more than one authority—

(a) it may not be varied or revoked by virtue of this paragraph by the Secretary of State or the National Assembly for Wales unless he or it has consulted the other authority or authorities who made the scheme, and

(b) it may not be varied or revoked by virtue of this paragraph by any other authority without the consent of that other authority or those other authorities.F953]

[F954 (4) Where an order is required for the provision of facilities or the taking of measures pursuant to an enhanced partnership scheme made under Part 2 of the Transport Act 2000 by more than one authority—

(a) it may not be varied or revoked by virtue of this paragraph by the Secretary of State unless the Secretary of State has consulted the other authority or authorities who made the scheme, and

(b) it may not be varied or revoked by virtue of this paragraph by any other authority without the consent of that other authority or those other authorities.F954]

27 (1) F1028 Subject to [F1025sub-paragraphs (2) and (3)F1025] below, any power to make an order as respects any road or parking place conferred by or by virtue of any of the following provisions of this Act, namely, sections 1, 6, 9, [F102614F1026][F1027 16AF1027] 19, 29, . . .32, 35, 37, 38, 45, 46, 49(2) and (4), 50, 53, 83 and 84 and paragraph 7 of this Schedule, shall include power for the authority for the time being having power to make such an order as respects that road or parking place to make an order varying or revoking any previous order as respects that road or parking place made, or having effect as if made, under or by virtue of the provision in question, whether the previous order was made by that or some other authority, and notwithstanding that the previous order was, and the order varying or revoking it is not, made in pursuance of a power exercisable by statutory instrument.

(2) Sub-paragraph (1) above shall have effect—

(a) F1029 subject to sections 39(6), . . . and 59(6) of this Act, and

(b) without prejudice to section 50(6) of this Act.

[F1030 (3) Where an order is required for the provision of facilities [F1031 or the taking of a measure pursuant to a scheme implementing a bus services improvement partnershipF1031] made under Part 2 of the Transport (Scotland) Act 2001 (asp 2) by more than one authority—

(a) it may not be varied or revoked by virtue of this paragraph by the Secretary of State or the Scottish Ministers unless he has, or they have, consulted the other authority or authorities who made the scheme; and

(b) it may not be varied or revoked by virtue of this paragraph by any other authority without the consent of the other authority or authorities who made the scheme.F1030]

Definitions used in Schedule 9, paragraph 27 2

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
statutory

“statutory”, in relation to any prohibition, restriction, requirement or provision, means contained in, or having effect under, any enactment (including any enactment contained in this Act);

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

Cases considering Schedule 9, paragraph 27 3

A&E Baines v The North Yorkshire Council

[2025] EWHC 2010 (Admin) · 4 August 2025Defines

The court noted that an existing traffic regulation order may be revoked by a further order made under paragraph 27 of Schedule 9.

Oliver Hawes, R (on the application of) v London Borough of Tower Hamlets

[2024] EWHC 3262 (Admin) · 17 December 2024

The judgment applies the provision as permitting traffic orders, including experimental orders and permanent orders, to be revoked by order. (see para [10])

Director of Public Prosecutions v Evans

[2004] EWHC 2785 (Admin) · 20 October 2004

Confirms that a separate power exists to revoke an order made under section 82(2)(a), undermining the argument that section 82(2)(b) was confined to reversing such an order. (see para [7])

What each judgment says about Schedule 9, paragraph 27 is in the case-law panel in the full Act.

Amendments and notes

18 notes from legislation.gov.uk

Amendments

  1. F950In Sch. 9 para. 27(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(7), 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. F946Words in Sch. 9 para. 27(1) substituted (E.W.) (1.8.2001 for W. and 26.10.2001 for E.) by 2000 c. 38, s. 161, Sch. 11 para. 8(2); S.I. 2001/2788, art. 2, Sch. 1 para. 11; S.I. 2001/3342, art. 2, Sch.
  3. F947Words in Sch. 9 para. 27(1) substituted (E.W.) (27.4.2017 for specified purposes, 27.6.2017 in so far as not already in force) by Bus Services Act 2017 (c. 21), ss. 16(8), 26(3)
  4. F948Figure in Sch. 9 para. 27(1) inserted (1.7.1992) by Road Traffic (Temporary Restrictions) Act 1991 (c. 26, SIF 107:1), s. 1(4); S.I. 1992/1218, art. 2
  5. F949Words in Sch. 9 para. 27(1) inserted (3.5.1994) by 1994 c. 11, s. 3(1), Sch. para. 5(2)
  6. F951Words in Sch. 9 para. 27(2) substituted (1.4.1996) by 1994 c. 19, ss. 22(1), 66(8), Sch. 7 Pt. II para. 38(11)(c), Sch. 18 (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 22(3)); S.I. 1996/396, art. 3, Sch. 1
  7. F952Sch. 9 para. 27(2A) inserted (E.W.) (27.4.2017 for specified purposes, 27.6.2017 in so far as not already in force) by Bus Services Act 2017 (c. 21), ss. 16(9), 26(3)
  8. F953Sch. 9 para. 27(3) inserted (E.W.) (1.8.2001 for W. and 26.10.2001 for E.) by 2000 c. 38, s. 161, Sch. 11 para. 8(3); S.I. 2001/2788, art. 2, Sch. 1 para. 11; S.I. 2001/3342, art. 2, Sch.
  9. F954Sch. 9 para. 27(4) inserted (E.W.) (27.4.2017 for specified purposes, 27.6.2017 in so far as not already in force) by Bus Services Act 2017 (c. 21), ss. 16(10), 26(3)
  10. F1028In Sch. 9 para. 27(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(7), 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.
  11. F1025Words in Sch. 9 para. 27(1) substituted (1.7.2001) by 2001 asp 2, s. 83, Sch. 2 para. 3(3)(a) (with s. 66); S.S.I. 2001/132, art. 2(3), Sch. Pt. II (subject to transitional provisions in arts. 3, 4)
  12. F1026Figure in Sch. 9 para. 27(1) inserted (1.7.1992) by Road Traffic (Temporary Restrictions) Act 1991 (c. 26, SIF 107:1), s. 1(4); S.I. 1992/1218, art. 2
  13. F1027Words in Sch. 9 para. 27(1) inserted (3.5.1994) by 1994 c. 11, s. 3(1), Sch. para. 5(2)
  14. F1029Words in Sch. 9 para. 27(2) substituted (1.4.1996) by 1994 c. 19, ss. 22(1), 66(8), Sch. 7 Pt. II para. 38(11)(c), Sch. 18 (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 22(3)); S.I. 1996/396, art. 3, Sch. 1
  15. F1030Sch. 9 para. 27(3) inserted (1.7.2001) by 2001 asp 2, s. 83, Sch. 2 para. 3(3)(b) (with s. 66); S.S.I. 2001/132, art. 2(3), Sch. Pt. II (subject to transitional provisions in arts. 3, 4)
  16. F1031Words in Sch. 9 para. 27(3) substituted (S.) (4.12.2023) by Transport (Scotland) Act 2019 (asp 17), s. 130(2), sch. para. 1(3) (with s. 126); S.S.I. 2023/250, sch.

Extent

  1. E10This version of this provision extends to England and Wales only; a separate version has been created for Scotland only
  2. E20This version of this provision extends to Scotland only; a separate version has been created for England and Wales only