Road Traffic Regulation Act 1984, Schedule 9, paragraph 37

SCHEDULE 9 Special Provisions as to certain Orders

37 Except as provided by this Part of this Schedule, an order to which this Part of this Schedule applies shall not, either before or after it has been made, be questioned in any legal proceedings whatever.

Cases considering Schedule 9, paragraph 37 10

Hamnett v Essex County Council

[2017] EWCA Civ 6 · 18 January 2017Disapplies

The ouster provision was impliedly repealed only insofar as it prevented recourse to the County Court for a section 29 Equality Act claim concerning an experimental traffic regulation order (see paras [28]-[29]).

Daniel Adams v North Somerset Council

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

The court applied paragraph 37 to hold that, where statutory review was available, the TRO could not be questioned through judicial review. (see paras [5]-[11])

A&E Baines v The North Yorkshire Council

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

Paragraph 37 restricted challenges to the statutory procedure and meant that relief for procedural non-compliance required substantial prejudice. No such prejudice was established (see paras [6], [20]).

What each judgment says about Schedule 9, paragraph 37 is in the case-law panel in the full Act.

Amendments and notes

1 notes from legislation.gov.uk

Modifications

  1. C351Sch. 9 para. 37 applied (with modifications) (3.11.1994) by 1994 c. 40, ss. 34(8), 82(3)