Road Traffic Regulation Act 1984, section 121A

Traffic authorities

Part X General and Supplementary Provisions

(1)The Secretary of State is the traffic authority—

[F676 (a)F676] for every highway in England and Wales for which he is the highway authority within the meaning of the Highways Act 1980, [F677 and

(b)for every road in Scotland in relation to which he exercises functions relating to the matters reserved by paragraph (c) of Section E1 of Schedule 5 to the Scotland Act 1998.F677]

[F678 (1AA) The roads authority (as defined in section 151(1) of the M42Roads (Scotland) Act 1984) is the traffic authority for every road in Scotland. F678]

[F679 (1AB)A strategic highways company is the traffic authority for every highway for which it is the highway authority within the meaning of the Highways Act 1980.F679]

F680 ( 1A )The Scottish Ministers are the traffic authority for every road in Scotland for which they are the roads authority within the meaning of the Roads (Scotland) Act 1984.

F681 ( 1A ) Transport for London is the traffic authority for every dfnGLA road.

(2)In Greater London, the council of the London borough or the Common Council of the City of London are the traffic authority for all roads in the borough or, as the case may be, in the City [F682 which are not GLA roads andF682] for which the Secretary of State [F683 or a strategic highways company F683] is not the traffic authority.

(3)In England and Wales outside Greater London, the council of the county or metropolitan district are the traffic authority for all roads in the county or, as the case may be, the district for which the Secretary of State [F684 or a strategic highways companyF684] is not the traffic authority.

[F685 (4) In Scotland, the [F686 council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 F686] are the traffic authority in relation to all roads within their area for which the Secretary of State is not the traffic authority. F685]

(5) In this Act “local traffic authority” means a traffic authority other than

[F687 (a)in relation to England and Wales,F687] the Secretary of State [F688 or a strategic highways companyF688] [F689 ; or

(b)in relation to Scotland, the Secretary of State or the Scottish Ministers.F689,F675]]

Definitions used in section 121A 3

traffic authority

“traffic authority” and “local traffic authority” have the meaning given by section 121A of this Act ;

Defined in s.142(1) · 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
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

Cases considering section 121A 8

Castle v Crown Prosecution Service

[2014] EWHC 587 (Admin) · 24 January 2014Defines

Defines the relevant traffic authority for the M62 as the Secretary of State. This identified the statutory office-holder whose power was exercised through authorised officials (see paras [4], [37]).

United Trade Action Group Ltd & Anor, R (On the Application Of) v Transport for London & Anor

[2021] EWHC 73 (Admin) · 20 January 2021Defines

Defines TfL’s status as traffic authority for GLA roads in the statutory framework described by the court. (see para [12])

Tomkins v City of London Corporation

[2020] EWHC 3357 (Admin) · 8 December 2020Defines

Defines the City as the traffic authority for the relevant roads, subject to the strategic-route exceptions. The court used this provision to identify the City’s statutory authority to make the order. (see para [49])

What each judgment says about section 121A is in the case-law panel in the full Act.

Amendments and notes

16 notes from legislation.gov.uk

Amendments

  1. F675S. 121A inserted (1.11.1991) by New Roads and Street Works Act 1991 (c. 22, SIF 59, 108), s. 168(1), Sch. 8 para. 70; which substitution 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. F676Word in s. 121A(1) ceases to have effect (6.4.2001) by virtue of S.I. 2001/1400, art. 2, Sch. para. 1(2)(a) (with art. 3)
  3. F677S. 121A(1)(b) and the word
  4. F678S. 121A(1AA) inserted (6.4.2001) by S.I. 2001/1400, art. 2, Sch. para. 1(3) (with art. 3)
  5. F679S. 121A(1AB) inserted (5.3.2015) by Infrastructure Act 2015 (c. 7), s. 57(1), Sch. 1 para. 95(2); S.I. 2015/481, reg. 2(a)
  6. F680S. 121A(1A) inserted (1.7.1999) by S.I. 1999/1820, arts. 1(2), 4, Sch. 2 Pt. I para. 73(2)(b) (with art. 5) and by S.I. 2001/1400, art. 2, Sch. para. 1(4) it is provided (6.4.2001) that s. 121A(1A) ceases to have effect
  7. F681S. 121A(1A) inserted (3.7.2000) by 1999 c. 29, s. 271(2) (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2, Sch. and by S.I. 2001/1400, art. 2, Sch. para. 1(4) it is provided (6.4.2001) that s. 121A(1A) ceases to have effect
  8. F682Words in s. 121A(2) inserted (3.7.2000) by 1999 c. 29, s. 271(3) (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2, Sch.
  9. F683Words in s. 121A(2) inserted (5.3.2015) by Infrastructure Act 2015 (c. 7), s. 57(1), Sch. 1 para. 95(3); S.I. 2015/481, reg. 2(a)
  10. F684Words in s. 121A(3) inserted (5.3.2015) by Infrastructure Act 2015 (c. 7), s. 57(1), Sch. 1 para. 95(3); S.I. 2015/481, reg. 2(a)
  11. F685S. 121A(4) ceases to have effect (6.4.2001) by virtue of S.I. 2001/1400, art. 2, Sch. para. 1(4)
  12. F686Words in s. 121A(4) substituted (S.) (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 134(9); S.I. 1996/323, art. 4(1)(c)
  13. F687S. 121A(5)(a) inserted (6.4.2001) by S.I. 2001/1400, art. 2, Sch. para. 1(5)(a)
  14. F688Words in s. 121A(5)(a) inserted (5.3.2015) by Infrastructure Act 2015 (c. 7), s. 57(1), Sch. 1 para. 95(3); S.I. 2015/481, reg. 2(a)
  15. F689S. 121A(5)(b) and word “or" immediately preceding inserted (6.4.2001) by S.I. 2001/1400, art. 2, Sch. para. 1(5)(b)

Marginal citations

  1. M421984 c.54