Office of Public Sector Information
Sections 160(4) and 161(6).
1 Where the Secretary of State proposes to make an order under section 160 (effect of Part IV on certain existing special enactments or instruments), or an order under section 161 (effect of Part IV on other existing enactments or instruments) relating to a special enactment or instrument, he shall publish in the Edinburgh Gazette, and in at least one newspaper circulating in the area in relation to which the enactment or instrument in question has effect, a notice—
(a) stating the general effect of the proposed order,
(b) specifying a place in that area where a copy of the draft order may be inspected by any person free of charge at all reasonable hours or may be purchased by any person at a reasonable charge, and
(c) stating that any person may, by notice given to the Secretary of State within three months from the date of the publication of the notice, object to the proposed order.
2 Not later than the day on which the notice is published or, if it is published on two or more days, the day on which it is first published, the Secretary of State shall furnish each of the parties specified below by reference to the nature of the order with a copy of the draft order.
| Order under section 160(4)(a) relating to protection afforded by an enactment or instrument | The undertaker by whom the power is exercisable and each of the persons to whom the protection in question was afforded. |
| Order under section 160(4)(b) relating to requirement of consent | The person whose consent would be required and the undertaker who would be required to obtain the consent. |
| Order under section 160(4)(c) rendering condition valid | The person by whom the condition would be imposed and the undertakers who would be required to comply with it. |
| Order under section 160(4)(d) modifying enactment or instrument to remove uncertainty or obscurity | As indicated above, according to whether the order relates to the protection afforded by an enactment or instrument, a consent requirement or the validity of a condition. |
| Order under section 161 amending, repealing or preserving effect of enactment or instrument | Any person whose interests are specially affected by the proposed provision. |
3 (1) The Secretary of State shall cause a local inquiry to be held if an objection to the proposed order is received by him—
(a) from a person required to be furnished with a copy of the draft order within three months from the date of his being furnished therewith, or
(b) from any other person appearing to him to be affected within three months from the day on which the notice of the proposed order is published, or if it is published on two or more days from the later or latest of them,
and the objection is not withdrawn.
(2) In the case of an objection made otherwise than by a person required to be furnished with a copy of the draft order, the Secretary of State may dispense with such an inquiry if he is satisfied that it is unnecessary.
4 (1) If the Secretary of State so directs, an inquiry under paragraph 3 shall be held by Commissioners under the [1936 c. 52.] Private Legislation Procedure (Scotland) Act 1936.
(2) A direction under this paragraph is deemed to have been given under section 2 of the [9 & 10 Geo. 6 c. 18.] Statutory Orders (Special Procedure) Act 1945, as read with section 10 of that Act, and the provisions of that Act with regard to the publication of notices in the Edinburgh Gazette shall, notwithstanding anything contained in that Act, not apply to any order under section 160 which is subject to special parliamentary procedure.
(3) If the Secretary of State does not give a direction under this paragraph, the provisions of section 210(2) to (8) of the [1973 c. 65.] Local Government (Scotland) Act 1973 (which relate to the giving of evidence at, and the defraying of costs of, inquiries) apply in relation to a local inquiry held under paragraph 3.
5 After considering any objections to the order which are not withdrawn and, where a local inquiry is held, the report of the person who held the inquiry, the Secretary of State may make the order either without modification or subject to such modifications as he thinks fit.
6 If any objection is duly made by a person required to be furnished with a copy of the draft order and is not withdrawn, the order shall be subject to special parliamentary procedure.
Section 168(1).
1 In section 139 of the [1980 c. 66.] Highways Act 1980 (control of builders' skips), in subsection (11) (definition of “builder’s skip” and “owner”) for “and section 140” substitute “, section 140 and section 140A”.
2 After section 140 of the Highways Act 1980, insert—
(1) The Minister may make provision by regulations requiring the owner of a builder’s skip deposited on a highway maintainable at the public expense to pay a charge to the highway authority where—
(a) the period for which the skip remains in the highway exceeds such period as may be prescribed, and
(b) the skip is not removed within a reasonable period.
(2) For this purpose “a reasonable period” means such period as is agreed by the authority and the owner of the skip to be reasonable or, in default of such agreement, is determined by arbitration to be reasonable in the circumstances.
In default of agreement, the authority’s view as to what is a reasonable period shall be acted upon pending the decision of the arbitrator.
(3) The regulations may provide that if a person applying to the highway authority for permission under section 139 above submits together with his application an estimate of the likely duration of the occupation of the highway, the period stated in the estimate shall be taken to be agreed by the authority to be reasonable unless they give notice, in such manner and within such period as may be prescribed, objecting to the estimate.
(4) The regulations may also provide that if it appears to the owner of the skip that by reason of matters not previously foreseen or reasonably foreseeable the duration of the occupation of the highway—
(a) is likely to exceed the prescribed period,
(b) is likely to exceed the period stated in his previous estimate, or
(c) is likely to exceed the period previously agreed or determined to be a reasonable period,
he may submit an estimate or revised estimate accordingly, and that if he does so any previous estimate, agreement or determination shall cease to have effect and the period stated in the new estimate shall be taken to be agreed by the authority to be reasonable unless they give notice, in such manner and within such period as may be prescribed, objecting to the estimate.
(5) The amount of the charge shall be determined in such manner as may be prescribed by reference to the period for which the highway is occupied by the skip and the extent of the occupation.
Different rates of charge may be prescribed according to the place and time of the occupation and such other factors as appear to the Minister to be relevant.
(6) The regulations may make provision as to the time and manner of making payment of any charge.
(7) The regulations shall provide that a highway authority may reduce the amount, or waive payment, of a charge in any particular case, in such classes of case as they may decide or as may be prescribed, or generally.
(8) In this section “prescribed” means prescribed by the Minister by regulations.”.
3 In section 144 of the [1980 c. 66.] Highways Act 1980 (power to erect flagpoles, &c. on highways), in subsection (6), in the definition of “statutory undertakers” for the words from “any person entitled” to “section 181 below” substitute “any licensee under a street works licence”.
4 In section 169 of the Highways Act 1980 (control of scaffolding on highways), in the closing words of subsection (4) (which relate to the meaning of “statutory undertakers”) for the words from “any person entitled” to “section 181 below” substitute “any licensee under a street works licence”.
5 In section 170 of the [1980 c. 66.] Highways Act 1980 (control of mixing mortar, &c. on highways), in subsection (2)(e) for the words from “a person entitled” to “section 181 below” substitute “any licensee under a street works licence”.
6 After section 171 of the Highways Act 1980 (control of deposit of building materials, &c.) insert—
(1) The Minister may make provision by regulations requiring a person carrying out any of the following works in a highway maintainable at the public expense—
(a) erecting or retaining a relevant structure within the meaning of section 169(1) above, or
(b) depositing building materials, rubbish or other things, or making a temporary excavation, as mentioned in section 171(1) above,
to pay a charge to the highway authority if the duration of the works exceeds such period as may be prescribed and the works are not completed within a reasonable period.
(2) For this purpose “a reasonable period” means such period as is agreed by the authority and the person executing the works to be reasonable or, in default of such agreement, is determined by arbitration to be reasonable in the circumstances.
In default of agreement, the authority’s view as to what is a reasonable period shall be acted upon pending the decision of the arbitrator.
(3) The regulations may provide that if a person applying to the highway authority for a licence under section 169 or consent under section 171 submits together with his application an estimate of the likely duration of the works, the period stated in the estimate shall be taken to be agreed by the authority to be reasonable unless they give notice, in such manner and within such period as may be prescribed, objecting to the estimate.
(4) The regulations may also provide that if it appears to the person carrying out the works that by reason of matters not previously foreseen or reasonably foreseeable the duration of the works—
(a) is likely to exceed the prescribed period,
(b) is likely to exceed the period stated in his previous estimate, or
(c) is likely to exceed the period previously agreed or determined to be a reasonable period,
he may submit an estimate or revised estimate accordingly, and that if he does so any previous estimate, agreement or determination shall cease to have effect and the period stated in the new estimate shall be taken to be agreed by the authority to be reasonable unless they give notice, in such manner and within such period as may be prescribed, objecting to the estimate.
(5) The amount of the charge shall be determined in such manner as may be prescribed by reference to the time taken to complete the works and the extent to which the surface of the highway is affected by the works.
Different rates of charge may be prescribed according to the description of works, the place and time at which they are executed and such other factors as appear to the Minister to be relevant.
(6) The regulations may make provision as to the time and manner of making payment of any charge.
(7) The regulations shall provide that a highway authority may reduce the amount, or waive payment, of a charge in any particular case, in such classes of case as they may decide or as may be prescribed, or generally.
(8) In this section “prescribed” means prescribed by the Minister by regulations.”.
7 In section 174 of the [1980 c. 66.] Highways Act 1980 (precautions to be taken by persons executing works in streets), in subsection (1) for the words from the beginning to “executing works in any street he” substitute— “Where a person is executing works of any description in a street (other than street works within the meaning of Part III of the New Roads and Street Works Act 1991), he”.
8 In section 179 of the Highways Act 1980 (control of construction of cellars, &c. under the street), in subsection (7) for the words from “code-regulated works” to the end substitute “street works within the meaning of Part III of the New Roads and Street Works Act 1991”.
9 In section 184 of the Highways Act 1980 (vehicle crossings over footways and verges), omit—
(a) in subsection (9), the words from “In relation to works” to the end, and
(b) subsection (14);and in subsection (15) (supplementary provision as to costs recoverable by highway authority), for “the cost of any works which are required by the said Act of 1950 to be executed” substitute “the cost of any measures needing to be taken in relation to undertaker’s apparatus, in accordance with section 84 of the New Roads and Street Works Act 1991,”.
10 In section 285 of the Highways Act 1980 (power of Minister to execute certain road improvements), in subsection (6) (provisions for purposes of which Minister to be treated as acting as agent of local highway authority) for “the Public Utilities Street Works Act 1950” substitute “Part III of the New Roads and Street Works Act 1991”.
11 In section 290 of the Highways Act 1980 (supplementary provisions as to entry for purposes of survey), for subsection (8) substitute—
“(8) Where in the exercise of a power conferred by section 289 above works authorised by subsection (3) of that section are to be executed in a street—
(a) section 55 of the New Roads and Street Works Act 1991 (notice of starting date of works), so far as it requires notice to be given to a person having apparatus in the street which is likely to be affected by the works,
(b) section 69 of that Act (requirements to be complied with where works likely to affect another person’s apparatus in the street), and
(c) section 82 of that Act (liability for damage or loss caused),
have effect in relation to the works as if they were street works within the meaning of Part III of that Act.”.
12 In section 292 of the [1980 c. 66.] Highways Act 1980 (compensation for damage resulting from exercise of powers of entry, &c.), in subsection (2) (avoidance of double compensation) for “section 26 of the Public Utilities Street Works Act 1950” substitute “section 82 of the New Roads and Street Works Act 1991”.
13 In section 314 of the Highways Act 1980 (offences by bodies corporate), in subsection (3) for “177 and 181” substitute “and 177”.
14 In section 325 of the Highways Act 1980 (provisions as to regulations, schemes and orders), in subsection (2)(a) (regulations subject to annulment) after “section 257(4) above” insert “or such regulations as are mentioned in subsection (2A) below”; and after that subsection insert—
“(2A) A statutory instrument containing—
(a) the first regulations for the purposes of section 140A,
(b) the first regulations for the purposes of section 171A as it applies in relation to erecting or retaining a relevant structure within the meaning of section 169(1) above, or
(c) the first regulations for the purposes of section 171A as it applies in relation to depositing building materials, rubbish or other things, or making a temporary excavation, as mentioned in section 171(1) above,shall not be made unless a draft of them has been laid before and approved by a resolution of each House of Parliament.”.
15 (1) Section 329(1) of the Highways Act 1980 (interpretation) is amended as follows.
(2) For the definition of “street” substitute—
““street” has the same meaning as in Part III of the New Roads and Street Works Act 1991;”.
(3) At the appropriate place insert—
““street works licence” means a licence under section 50 of the New Roads and Street Works Act 1991, and “licensee” in relation to such a licence, has the meaning given by subsection (3) of that section;”.
16 (1) Section 334 of the Highways Act 1980 (savings for British Telecommunications) is amended as follows.
(2) In subsection (6) for “authority’s works as defined in Part II of the Public Utilities Street Works Act 1950” substitute “major highway works, major bridge works or major transport works within the meaning of Part III of the New Roads and Street Works Act 1991”.
(3) In subsection (9) for the words from “the code” to “thereby affected)” substitute “the provisions of Part III of the New Roads and Street Works Act 1991 relating to major highway works, major bridge works or major transport works”.
17 (1) Section 1 of the [1984 c. 27.] Road Traffic Regulation Act 1984 is amended as follows.
(2) In subsection (1) for the words from the beginning to “London” substitute “The traffic authority for a road outside Greater London may make an order under this section (referred to in this Act as a “traffic regulation order”) in respect of the road”
(3) Omit subsection (2) (authorities having power to make orders).
(4) For subsection (3) substitute—
“(3) A traffic regulation order made by a local traffic authority may, with the consent of the Secretary of State, extend to a road in relation to which he is the traffic authority if the order forms part of a scheme of general traffic control relating to roads of which at least one has a junction with the length of road in question.”.
(5) Omit subsections (4) and (5) (which provide that the power is not exercisable in relation to a special road).
18 (1) Section 2 of the Road Traffic Regulation Act 1984 (what a traffic regulation order may provide) is amended as follows.
(2) In subsection (1) for the words from the beginning to “of this Act)” substitute “A traffic regulation order may make”.
(3) In subsection (2) for the words from the beginning to “that subsection” substitute “The provision that may be made by a traffic regulation order”.
(4) In subsection (4) for the words from the beginning to “may include” substitute “A local traffic authority may include”.
19 In section 3(1) of the Road Traffic Regulation Act 1984 (restrictions on traffic regulation orders) omit the words from the beginning to “of this Act”.
20 In section 5 of the Road Traffic Regulation Act 1984 (contravention of traffic regulation order), omit subsection (2).
21 (1) Section 6 of the Road Traffic Regulation Act 1984 (orders as to traffic regulation in Greater London) is amended as follows.
(2) In subsection (1) for the words from the beginning to “foregoing words)” substitute— “The traffic authority for a road in Greater London may make an order under this section for controlling or regulating vehicular and other traffic (including pedestrians).Provision may, in particular, be made—”.
(3) For subsection (2) substitute—
“(2) In the case of a road for which the Secretary of State is the traffic authority, the power to make an order under this section is also exercisable, with his consent, by the local traffic authority.”.
(4) Omit subsection (4) (which provides that the power is not exercisable in relation to a special road).
(5) In subsection (6) omit the words from “and in subsection (4)” to the end.
22 In section 8 of the [1984 c. 27.] Road Traffic Regulation Act 1984 (contravention of order under s.6), omit subsection (2).
23 (1) Section 9 of the Road Traffic Regulation Act 1984 (experimental traffic orders) is amended as follows.
(2) For subsection (1) substitute—
“(1) The traffic authority for a road may, for the purposes of carrying out an experimental scheme of traffic control, make an order under this section (referred to in this Act as an “experimental traffic order”) making any such provision—
(a) as respects a road outside Greater London, as may be made by a traffic regulation order;
(b) as respects a road in Greater London, as may be made by an order under section 6, 45, 46, 49, 83(2) or 84 of this Act.”.
(3) For subsection (2) substitute—
“(2) An experimental traffic order made by a local traffic authority outside Greater London may, with the consent of the Secretary of State, extend to a road in relation to which he is the traffic authority if the order forms part of a scheme of general traffic control relating to roads of which at least one has a junction with the length of road in question.
(2A) In the case of a road in Greater London for which the Secretary of State is the traffic authority, the power to make an order under this section is also exercisable, with his consent, by the local traffic authority.”.
(4) After subsection (5) insert—
“(5A) So much of section 4(1) or 7(1) of this Act as provides for a presumption that a traffic sign is lawfully placed shall apply for the purposes of an order under this section making any such provision as is referred to in that subsection.”.
24 (1) Section 10 of the Road Traffic Regulation Act 1984 (supplementary provisions as to experimental traffic orders) is amended as follows.
(2) For subsection (2) substitute—
“(2) An experimental traffic order may include provision empowering a specified officer of the authority who made the order, or a person authorised by such a specified officer, to modify or suspend the operation of the order or any provision of it if it appears to him essential—
(a) in the interests of the expeditious, convenient and safe movement of traffic,
(b) in the interests of providing suitable and adequate on-street parking facilities, or
(c) for preserving or improving the amenities of the area through which any road affected by the order runs.
The power conferred by such a provision shall be exercised only after consulting the appropriate chief officer of police and giving such public notice as the Secretary of State may direct.”.
(3) For subsection (3) substitute—
“(3) Any such power to modify an experimental traffic order as is mentioned in subsection (2) above does not extend to making additions to the order or to designating additional on-street parking places for which charges are made; but subject to that the modifications may be of any description.”.
25 In section 12 of the [1984 c. 27.] Road Traffic Regulation Act 1984 (experimental traffic schemes in Greater London), for subsection (2) substitute—
“(1A) The local authority shall not give their consent to any such scheme affecting a road for which the Secretary of State is the traffic authority except with his agreement.
(2) The Secretary of State may in the case of any scheme, after consultation with the local authority, direct them to consent to the scheme within a specified period or to withhold their consent.”.
26 (1) Section 14 of the Road Traffic Regulation Act 1984 (temporary prohibition or restriction of traffic on roads) is amended as follows.
(2) For subsections (1) and (2) (power to make orders) substitute—
“(1) If the traffic authority for a road are satisfied that traffic on the road should be restricted or prohibited—
(a) by reason that works are being or are proposed to be executed on or near the road, or
(b) by reason of the likelihood of danger to the public or of serious damage to the road,
the authority may by order restrict or prohibit temporarily the use of the road, or any part of it, by vehicles, or by vehicles of any class, or by pedestrians, to such extent and subject to such conditions or exceptions as they may consider necessary.
(2) A traffic authority when considering the question of the making of an order under subsection (1) shall have regard to the existence of alternative routes suitable for the traffic which will be affected by the order.”.
(3) For subsection (3) (power to issue notice) substitute—
“(3) The traffic authority for a road may at any time by notice restrict or prohibit temporarily the use of the road, or any part of it, by vehicles, or by vehicles of any class, or by pedestrians, where, owing to the likelihood of danger to the public or of serious damage to the road, it appears to them necessary that such a restriction or prohibition should come into force without delay.”.
(4) In subsection (3A) (power to make order or issue notice for purposes of clearing litter or cleaning)—
(a) for “highway or roads authority” substitute “traffic authority”, and
(b) for “highway or road” substitute “road”.
(5) For subsection (5) substitute—
“(5) Where a traffic authority (“the initiating authority”) make an order under subsection (1) or issue a notice under subsection (3), any such provision as is described in any of paragraphs (a) to (c) of section 2(2) or in section 2(3) of this Act may be made as respects any alternative road by an order made—
(a) in a case where the initiating authority are the traffic authority for the alternative road, by that authority;
(b) in any other case—
(i) where the traffic authority for the alternative road is a local traffic authority, by the initiating authority with the consent of that authority;
(ii) where the traffic authority for the alternative road is the Secretary of State, by him on the application of the initiating authority.”.
27 In section 16 of the [1984 c. 27.] Road Traffic Regulation Act 1984 (supplementary provisions as to orders and notices under s.14), omit subsections (3) and (4).
28 (1) Section 17 of the Road Traffic Regulation Act 1984 (traffic regulation on special roads) is amended as follows.
(2) For subsection (1) (traffic authorised to use special road) substitute—
“(1) A special road shall not be used except by traffic of a class authorised to do so—
(a) in England and Wales, by a scheme made, or having effect as if made, under section 16 of the Highways Act 1980 or by virtue of paragraph 3 of Schedule 23 to that Act, or
(b) in Scotland, by a scheme made, or having effect as if made, under section 7 of the [1984 c. 54.] Roads (Scotland) Act 1984.”.
(3) In subsection (2) (regulations as to use of special roads), for the words from “and such regulations” to the end of paragraph (a) substitute— “Such regulations may, in particular—
(a) regulate the manner in which and the conditions subject to which special roads may be used by traffic authorised to do so;”.
(4) For subsection (5) (provisions as to date of opening of special road) substitute—
“(5) The provisions of this section and of any regulations under subsection (2) above do not apply in relation to a road, or part of a road, until the date declared by the traffic authority, by notice published in the prescribed manner, to be the date on which the road or part is open for use as a special road.
This does not prevent the making of regulations under subsection (2) above before that date, so as to come into force in relation to that road or part on that date.”.
(5) In subsection (6) omit the words from “and “the date of opening”” to the end.
29 After section 17 of the Road Traffic Regulation Act 1984 insert—
(1) On the date declared by the traffic authority, by notice published in the prescribed manner, to be the date on which a special road, or a part of a special road, is open for use as a special road, any existing order under section 1, 6, 9 or 84 of this Act relating to that road or part shall cease to have effect.
(2) This is without prejudice to any power to make orders under those provisions in relation to the road or part as a special road; and any such power may be exercised before the date referred to above, so as to take effect on that date.
(3) The procedure for making an order applies in such a case with such modifications as may be prescribed.”.
30 In section 18 of the [1984 c. 27.] Road Traffic Regulation Act 1984 (one-way traffic on trunk roads), in subsection (1) for the words from “an order” to “directing” substitute “an order under section 10 of the Highways Act 1980 or section 5 of the Roads (Scotland) Act 1984 directing”.
31 (1) Section 19 of the Road Traffic Regulation Act 1984 (regulation of use of highways by public service vehicles) is amended as follows.
(2) In subsection (1) (making of orders by local authority), for the words from the beginning to the end of paragraph (b) substitute—
“(1) A local traffic authority outside Greater London may make orders—
(a) for determining the highways or, in Scotland, roads in their area which may or may not be used by public service vehicles;
(b) for fixing stands for public service vehicles on such highways or roads;”.
(3) Omit subsection (3).
32 In section 20 of the Road Traffic Regulation Act 1984 (prohibition or restriction on use of vehicles on roads of certain classes), for subsection (3) (exclusion of provisions in relation to special roads) substitute—
“(3) No order under this section shall be made or apply in relation to a special road on or after the date declared by the traffic authority, by notice published in the prescribed manner, to be the date on which the special road, or the relevant part of the special road, is open for use as a special road.”.
33 In section 21 of the Road Traffic Regulation Act 1984 (permit for trailer to carry excess weight), for subsection (3) (definition of “appropriate authority”) substitute—
“(3) The appropriate authority for the purposes of this section is—
(a) in relation to a bridge for the maintenance of which a bridge authority is responsible, or a road passing over such a bridge, the bridge authority;
(b) in relation to any other road, the traffic authority and any other person responsible for the maintenance of the road.”.
New Roads and Street Works Act 1991