Road Traffic Regulation Act 1984, section 15

Duration of orders and notices under s.14

Part II Traffic Regulation in Special Cases

(1)Subject to subsections (2), (3) and (5) below, an order under section 14 of this Act shall not continue in force—

(a)if it is in respect of a footpath, bridleway [F63 restricted byway,F63] , cycle track or byway open to all traffic, for more than six months; and

(b)in any other case, for more than eighteen months,

from the date on which it comes into force.

(2)The time-limit of eighteen months in subsection (1) above shall not apply to an order made for the reason mentioned in section 14(1)(a) of this Act if the authority making it are satisfied, and it is stated in the order that they are satisfied, that the execution of the works in question will take longer; but in any such case the authority shall revoke the order as soon as the works are completed.

(3) Where an order subject to the time-limit of eighteen months in subsection (1) above (in this subsection referred to as “the temporary order”) has not ceased to be in force and the [F64 national authority F64] is satisfied that—

(a)an order which the authority that made the temporary order proposes to make under any other provision of this Act has the sole effect of reproducing the provisions of the temporary order and continuing them in force; and

(b)in consequence of the procedure required to be followed in connection with the making of the proposed order [F65 the authority that made the temporary orderF65] would be unable to make it so that it would come into operation before the temporary order ceases to be in force,

the [F64 national authorityF64] may, subject to subsection (4) below, from time to time direct that the temporary order shall continue in force for a further period not exceeding six months from the date on which it would otherwise cease to be in force.

(4)Where the [F66 national authorityF66] is not F67... the authority that made the temporary order [F68 the national authorityF68] shall not give a direction under subsection (3) above except at the request of [F69 the authority that made the temporary orderF69] .

(5)The [F70 national authorityF70] may, at the request of an authority that has made an order subject to the time-limit of six months in subsection (1) above, from time to time direct that the order shall continue in force for a further period from the date on which it would otherwise cease to be in force.

(6)Where the [F70 national authorityF70] refuses a request under subsection (5) above in respect of an order no further order to which that subsection applies shall be made in respect of any length of road to which the previous order related unless the [F70 national authorityF70] has consented to the making of the further order or at least three months have expired since the date on which the previous order ceased to be in force.

(7)A notice under section 14 of this Act shall not continue in force—

(a)if issued for the reason mentioned in paragraph (a) or the purpose mentioned in paragraph (c) of subsection (1) of that section, for more than five days from the date of the notice;

(b)if issued for the reason mentioned in paragraph (b) of that subsection, for more than twenty-one days from that date;

but the [F70 national authorityF70] may by regulations alter the number of days for the time being specified in this subsection.

(8)Provided that no restriction or prohibition imposed under section 14 of this Act in respect of any length of road remains in force for more than the period applicable to an order in respect of the road under subsection (1) above (except by virtue of subsection (2), (3) or (5) above and subject to subsection (6) above)—

(a)a restriction or prohibition imposed by an order under that section may be continued by a further order or further orders under that section; and

(b)a restriction or prohibition imposed by a notice under that section may be continued—

(i)by an order under that section; or

(ii)if the notice was issued for the reason mentioned in subsection (1)(b) of that section, by one (but not more than one) further notice under that section.

(9)In the application of this section to England and Wales—

(a) “footpath” does not include a highway over which the public have a right of way on foot only which is at the side of a public road;

(b) “cycle track” has the same meaning as in the M2 Highways Act 1980; and

(c) “byway open to all traffic” means a highway over which the public have a right of way for vehicular and all other kinds of traffic but which is used by the public mainly for the purpose for which footpaths and bridleways are used.

(10) In the application of this section to Scotland “footpath” and “cycle track” have the same meaning as in the M3 Roads (Scotland) Act 1984. F62]

Definitions used in section 15 6

footpath

except in section 71(2) of this Act , “footpath” means a way over which the public has a right of way on foot only;

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

“bridleway” means a way over which the public have the following, but no other, rights of way, that is to say, a right of way on foot and a right of way on horseback or leading a horse, with or without a right to drive animals of any description along the way;

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

“restricted byway” has the same meaning as in Part 2 of the Countryside and Rights of Way Act 2000 ;

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

“road” means a highway (including a public path) and any other road, lane, footway, square, court, alley or passage (whether a thoroughfare or not) to which the public has access, but does not include a road provided or to be provided in pursuance of a scheme made, or having effect as if made, under section 16 of the Highways Act 1980 (which relates to special roads) .

Defined in s.60(4) · see it in the full Act

“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
public road

“public road” has the same meaning as in the Roads (Scotland) Act 1984 ;

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

Cases considering section 15 3

Fingle Glen Junction Business & Community Action Group, R (on the application of) v The Highways Agency

[2007] EWHC 2446 (Admin) · 3 October 2007Defines

States the six-month limit for certain orders concerning specified rights of way. The judgment quotes the provision as part of the statutory time-limit scheme but does not apply that category to the road closure (see para [3]). Identifies the eighteen-month maximum period for the relevant temporary order. The Agency’s proposed order was intended to operate within that statutory period while the permanent-order process progressed (see paras [3], [14], [17]-[18]). Describes the statutory condition for continuing an eighteen-month temporary order where a proposed subsequent order would reproduce and continue its provisions. The judgment quotes this as part of the legislative scheme but does not decide its application (see para [3]). Describes the procedural timing condition for extending a temporary order where the subsequent order cannot come into operation before expiry. The judgment quotes this as part of the statutory scheme but does not decide its application (see para [3]).

Castle v Crown Prosecution Service

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

Confirms the statutory basis stated in the Order. The court upheld the Order’s validity notwithstanding the challenge to its authority (see paras [1], [5], [12]).

Trail Riders Fellowship & Ors v Powys County Council

[2013] EWHC 3144 (Admin) · 17 October 2013Limits

Limits the duration of a temporary order affecting a byway open to all traffic, subject to statutory extensions. It provided context for the sequence of temporary orders and the later permanent orders (see para [23]).

What each judgment says about section 15 is in the case-law panel in the full Act.

Amendments and notes

17 notes from legislation.gov.uk

Amendments

  1. F62S. 15 substituted (1.7.1992) by Road Traffic (Temporary Restrictions) Act 1991 (c. 26, SIF 107:1), s. 1(1), Sch.1; S.I. 1992/1218, art.2.
  2. F63Words in s. 15(1)(a) inserted (2.5.2006 for E., 11.5.2006 for W.) by The Restricted Byways (Application and Consequential Amendment of Provisions) Regulations 2006 (S.I. 2006/1177), regs. 1(2)(4), 2(2), Sch. Pt. 1; S.I. 2006/1172; S.I. 2006/1279
  3. F64Words in s. 15(3) substituted (23.5.2016) by Scotland Act 2016 (c. 11), s. 72(7), Sch. 2 para. 2(2)(a) (with Sch. 2 para. 34(2))
  4. F65Words in s. 15(3)(b) substituted (23.5.2016) by Scotland Act 2016 (c. 11), s. 72(7), Sch. 2 para. 2(2)(b)
  5. F66Words in s. 15(4) substituted (23.5.2016) by Scotland Act 2016 (c. 11), s. 72(7), Sch. 2 para. 2(3)(a)
  6. F67Word in s. 15(4) omitted (23.5.2016) by virtue of Scotland Act 2016 (c. 11), s. 72(7), Sch. 2 para. 2(3)(b)
  7. F68Words in s. 15(4) substituted (23.5.2016) by Scotland Act 2016 (c. 11), s. 72(7), Sch. 2 para. 2(3)(c)
  8. F69Words in s. 15(4) substituted (23.5.2016) by Scotland Act 2016 (c. 11), s. 72(7), Sch. 2 para. 2(3)(d)
  9. F70Words in s. 15(5)(6)(7) substituted (23.5.2016) by Scotland Act 2016 (c. 11), s. 72(7), Sch. 2 para. 2(4)

Modifications

  1. C95S. 15 applied (with modifications) (S.) (2.6.2014) by The Glasgow Commonwealth Games Act 2008 (Duration of Urgent Traffic Regulation Measures) Order 2014 (S.S.I. 2014/92), arts. 1(1), 2
  2. C96S. 15 applied (2.5.2006 for E., 11.5.2006 for W.) by The Restricted Byways (Application and Consequential Amendment of Provisions) Regulations 2006 (S.I. 2006/1177), regs. 1(2)(4), 2(1), Sch. Pt. 1; S.I. 2006/1172; S.I. 2006/1279
  3. C97S. 15 excluded (23.2.2017) by High Speed Rail (London - West Midlands) Act 2017 (c. 7), s. 70(1), Sch. 25 para. 6(2)
  4. C98S. 15 excluded (E.W.) (25.8.2020) by Birmingham Commonwealth Games Act 2020 (c. 10), ss. 26(2)(a), 33 (with s. 26(3)-(5))
  5. C99S. 15 excluded (11.2.2021) by High Speed Rail (West Midlands - Crewe) Act 2021 (c. 2), s. 64(1), Sch. 30 para. 6(2)
  6. C100S. 15(2)(3)(5)-(7): certain functions transferred (1.7.1999) by S.I. 1999/1750, art. 2, Sch. 1; S.I. 1998/3178, art. 3

Marginal citations

  1. M21980 c. 66.
  2. M31984 c. 54.