Road Traffic Regulation Act 1984, section 124

Provisions as to certain orders

Part X General and Supplementary Provisions

(1)The provisions of Parts I to VI of Schedule 9 to this Act shall have effect as follows in relation to the making, variation, revocation and validity of orders under the provisions of this Act mentioned in Parts I to VI of that Schedule, that is to say—

(a)Part I of that Schedule shall have effect for the purpose of conferring on the [F710 national authorityF710] powers in relation to the making of orders under the provisions of this Act mentioned in that Part of the Schedule;

(b)Part II of that Schedule shall have effect for requiring the consent of the [F710national authorityF710] to certain orders and for making provision as to the manner of giving such consent;

(c)Part III of that Schedule shall have effect as to procedure in connection with certain orders;

(d)Part IV of that Schedule shall have effect with respect to the variation or revocation of certain orders;

(e)Part V of that Schedule shall have effect for requiring consultation with traffic commissioners before orders are made under section 19 or 38(1)(a) of this Act; and

(f)part VI of that Schedule shall have effect as to the validity of orders under sections 1, 6, 9, 19, 32, 37 and 38 of this Act and of designation orders.

(2)F712Any power of the Secretary of State to make an order under or by virtue of any of the following provisions of this Act, namely sections 1, 6, 9, 14 [F711 16AF711] , 19, 29, . . .32, 35, 37, 38, 45, 46, 49(2) and (4), 50, 53, 83 and 84 shall be exercisable by statutory instrument.

[F713 (3)But‍ in relation to the exercise by the Welsh Ministers of a power to make an order under or by virtue of sections 1, 9, 14, 16A, 29 or 84—

(a)the requirement in subsection (2) to make the order by Welsh statutory instrument (see Schedule 1A to the Legislation (Wales) Act 2019 (anaw 4)) does not apply, and

(b)the Welsh Ministers’ power includes a power to make an order to revoke or vary an order previously made under or by virtue of those sections, and the requirement in subsection (2) does not apply to such an order.F713]

Definitions used in section 124 3

national authority

“national authority” —

(a)

in relation to a function so far as exercisable within devolved competence, within the meaning of the Scotland Act 1998, means the Scottish Ministers;

(aa)

in relation to Wales, means the Welsh Ministers;

(b)

otherwise, means the Secretary of State

Defined in s.142(1) · see it in the full Act
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
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 section 124 10

Daniel Adams v North Somerset Council

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

The court treated section 124 as giving effect to Schedule 9 and used Schedule 9 to determine the applicable procedure and relief. (see paras [4]; [42]; [51]-[52]) The court noted that section 124(1)(f) was to similar effect to paragraph 34(1) of Schedule 9 when determining whether the statutory review regime applied. (see para [7])

AA & Sons Ltd v Slough Borough Council

[2014] EWHC 1127 (Admin) · 14 April 2014

Provides the statutory review route for challenging the validity of permanent traffic regulation orders, read with Schedule 9. The review grounds are that the order is outside the relevant powers or that a relevant requirement was not complied with (see paras [1], [19]-[22]).

Castle v Crown Prosecution Service

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

Confirms the statutory framework for making orders under the Act and the requirement that the Secretary of State’s power be exercised by statutory instrument (see paras [4], [39]). Applies the requirement that the relevant order-making power be exercised by statutory instrument. The form of statutory instrument did not prevent authorised officials from signing on the Secretary of State’s behalf (see paras [27], [39]-[42]).

What each judgment says about section 124 is in the case-law panel in the full Act.

Amendments and notes

5 notes from legislation.gov.uk

Amendments

  1. F710Words in s. 124(1)(a)(b) substituted (23.5.2016) by Scotland Act 2016 (c. 11), s. 72(7), Sch. 2 para. 10
  2. F712In s. 124(2): 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. 72, 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.
  3. F711Figure in s. 124(2) inserted (3.5.1994) by 1994 c. 11, s. 3(1), Sch. para. 2
  4. F713S. 124(3) inserted (W.) (10.9.2025) by Legislation (Procedure, Publication and Repeals) (Wales) Act 2025 (asc 3), ss. 2(2), 9(2)(a)

Modifications

  1. C301S. 124(3) modified (temp.) (10.9.2025) by Legislation (Procedure, Publication and Repeals) (Wales) Act 2025 (asc 3), s. 9(1)(2)(a)