Road Traffic Regulation Act 1984, Schedule 9, paragraph 34

SCHEDULE 9 Special Provisions as to certain Orders

34 (1) This Part of this Schedule applies—

(a) to any order made under or by virtue of any of the following provisions of this Act, namely, sections 1, 6, 9 [F96816AF968] , 19, 32, 37 and 38, and

(b) to any designation order.

(2) In this Part of this Schedule—

(a) F969 “the relevant powers”, in relation to any such order as is mentioned in sub-paragraph (1)(a) above, means the powers with respect to such an order conferred by this Act, and, in relation to a designation order, means the powers of sections 45, 46, 49, . . . and 53 of this Act, and

(b) F969 “the relevant requirements”, in relation to any such order as is mentioned in sub-paragraph (1)(a) above, means any requirement of, or of any instrument made under, any provision of this Act with respect to such an order, and, in relation to a designation order, means any requirement of sections 45, 46, 49, . . . and 53 of this Act or of Parts I to III of this Schedule or of any regulations made under Part III of this Schedule.

Definitions used in Schedule 9, paragraph 34 1

designation order

“designation order” means an order under section 45 of this Act (including any order so made by virtue of section 50(1) of this Act ) and “designated parking place” means a parking place designated by a designation order;

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

Cases considering Schedule 9, paragraph 34 10

Daniel Adams v North Somerset Council

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

The court used paragraph 34(1) to determine whether Part VI applied to the TRO. (see paras [7]-[11]) The court held that an order made under section 32 fell within paragraph 34(1)(a), making statutory review available for the TRO. (see paras [7]-[11]) The court held that the designation-order limb did not apply because the TRO was not an order under section 45. (see para [8])

Pamela Wesson v Cambridgeshire County Council

[2024] EWHC 1068 (Admin) · 7 May 2024Defines

Paragraph 34 identifies the orders to which Part VI of Schedule 9 applies and defines the relevant powers and relevant requirements. (see para [32])

Sophia Bouchti v London Borough of Enfield

[2022] EWHC 2809 (Admin) · 9 November 2022Defines

Defines the relevant powers. The court used the distinction between relevant powers and relevant requirements when determining the consequences of non-compliance. (see paras [24], [56], [80]) Defines the relevant requirements. A procedural failure engages paragraph 36(1)(b), rather than automatically making the order outside the relevant powers. (see paras [24], [56])

What each judgment says about Schedule 9, paragraph 34 is in the case-law panel in the full Act.

Amendments and notes

2 notes from legislation.gov.uk

Amendments

  1. F968Figure in Sch. 9 para. 34(1)(a) inserted (3.5.1994) by 1994 c. 11, s. 3(1), Sch. para. 5(3)
  2. F969“50" repealed by Local Government Act 1985 (c. 51, SIF 81:1), ss. 1, 102(2)(3), Sch. 17