Roads (Scotland) Act 1984

In relation to an order under section 3 of the Special Roads Act 1949 coming into force before the appointed day within the meaning of section 2 of the Telecommunications Act 1984, section 20 of the said Act of 1949 shall have effect, notwithstanding any repeal made by this Act, as it had effect immediately before that appointed day.

SCHEDULE 11

Powers and duties of local roads authorities.

Transitory provisions

12A

• (1) Without prejudice to section 5 of this Act, where the Secretary of State considers that it is necessary or expedient as a result of, or in connection with, the establishment of new local government areas on 1st April 1996—

• (a) that any existing road should become a trunk road; or

• (b) that any trunk road should cease to be a trunk road,

he may by order direct that the road shall become a trunk road or, as the case may be, shall cease to be a trunk road, as from such date as may be specified in that regard in the order.

• (2) Where an order under this section directs that a road shall cease to be a trunk road, it may also direct that—

• (a) as from the date specified in that regard in the order, the local roads authority for the area shall become the roads authority for the road; and

• (b) the authority shall enter the road in their list of public roads.

• (3) An order under this section may relate to one or more roads.

12B

• (1) Without prejudice to section 5 of this Act, where the Secretary of State considers that it is necessary or expedient as a result of, or in connection with, the establishment of new local government areas on 1st April 1996—

• (a) that any proposed road—

• (i) to be constructed by the local roads authority; and

• (ii) in respect of which all necessary planning permission has been granted or is deemed to have been granted,

should become a trunk road; or

• (b) that any proposed road—

• (i) to be constructed by the Secretary of State as a trunk road; and

• (ii) in relation to which an order has been made under section 5 of this Act,

should not become a trunk road,

he may by order direct that the proposed road shall or, as the case may be, shall not become a trunk road.

• (2) Where an order is made in respect of a proposed road as mentioned in subsection (1)(a) above—

• (a) subject to subsection (6) below, the Secretary of State may, for the purposes of the construction of that road, do any thing which he would have been entitled to do if an order under section 12 of this Act (in this section referred to as a “section 12 order”) had been made in relation to that road; and

• (b) where an EIA report has been published in respect of the project, the Secretary of State shall not be required to publish a further EIA report ,

but otherwise the Secretary of State shall in all respects be in the same position in relation to that proposed road as the local roads authority would have been if such order had not been made.

• (3) Where an order is made in respect of a proposed road as mentioned in subsection (1)(b) above—

• (a) the local roads authority may proceed with construction of the said road as if all necessary planning permission had been granted;

• (b) the section 12 order made in relation to that road shall apply as if—

• (i) the local roads authority were the roads authority referred to in such order; and

• (ii) all necessary planning permission has been granted; and

• (c) where an EIA report has been published in respect of the project, the local roads authority shall not be required to publish a further EIA report .

• (4) Where an order under this section directs that a proposed road shall not become a trunk road, it may also direct that—

• (a) as from the date specified in that regard in the order, the local roads authority for the area shall become the roads authority for the proposed road; and

• (b) on such date as may be specified in that regard in the order, the authority shall enter the road in their list of public roads.

• (5) An order under this section may relate to one or more proposed roads.

• (6) The Secretary of State shall not by virtue of this section be empowered—

• (a) to stop up a road as mentioned in section 12(1)(a)(i) of this Act; or

• (b) to do anything mentioned in paragraphs (a) and (b) of section 70 of this Act except where the local roads authority have been so authorised under a section 12 order; and where such an order has been made, the Secretary of State may do anything he would have been authorised to do if the order had been made by him.

• (7) In this section and in section 12C of this Act “planning permission” means permission under Part III of the Town and Country Planning (Scotland) Act 1997.

12C

• (1) Where the Secretary of State considers that it is necessary or expedient as a result of, or in connection with, the establishment of new local government areas on 1st April 1996 that—

• (a) a special road which the Secretary of State is authorised to provide by virtue of a scheme under section 7 of this Act (a “section 7 scheme”) should be provided by a local roads authority; or

• (b) a special road which a local roads authority is authorised to provide by virtue of a section 7 scheme which has been confirmed by the Secretary of State should be provided by the Secretary of State,

he may by order direct that the local roads authority or, as the case may be, the Secretary of State shall be authorised to provide such special road; and the section 7 schemes relating to those special roads shall (notwithstanding their terms) be deemed to authorise the provision of such special roads by the local roads authority and the Secretary of State respectively.

• (2) Where an order is made in respect of a special road as mentioned in subsection (1)(a) above—

• (a) where the Secretary of State has made an order under section 9 of this Act (a “section 9 order”) in relation to that special road, the local roads authority may treat that order as if it were an order made by them and confirmed by the Secretary of State;

• (b) any necessary planning permission (whether relating to the special road or the doing of anything authorised by virtue of the section 9 order) shall be deemed to have been granted to the local roads authority; and

• (c) where an EIA report has been published in respect of the project, the local roads authority shall not be required to publish a further EIA report .

• (3) Where an order is made in respect of a special road as mentioned in subsection (1)(b) above—

• (a) if the local roads authority have made a section 9 order which has been confirmed by the Secretary of State, the Secretary of State may treat that section 9 order as if it were an order made by him; and

• (b) where an EIA report has been published in respect of the project, the Secretary of State shall not be required to publish a further EIA report ,

but otherwise the Secretary of State shall in all respects be in the same position in relation to that special road as the local roads authority would have been if such order had not been made.

12D

The provisions of section 112 of this Act shall apply, subject to such modifications as the Secretary of State may by order specify, to roads, proposed roads and special roads such as may be mentioned in orders made under sections 12A, 12B, 12C and 12E of this Act as they apply to roads mentioned in the said section 112.

12E

• (1) Where the Secretary of State considers that it is necessary or expedient as a result of, or in connection with, the establishment of new local government areas on 1st April 1996 that any proposed road to be constructed by a local roads authority should become a trunk road, but the condition mentioned in subsection (1)(a)(ii) of section 12B of this Act is not satisfied in relation to such proposed road, he may, notwithstanding the provisions of that subsection, by order direct that the proposed road shall become a trunk road.

• (2) The provisions of paragraphs (a) and (b) of section 12B(2) of this Act shall apply where an order is made under subsection (1) above as they apply where an order is made under subsection (1)(a) of that section.

• (3) Where the Secretary of State considers that it is necessary or expedient as a result of, or in connection with, the establishment of new local government areas on 1st April 1996 that a special road in respect of which a section 7 scheme has been made by a local roads authority but not confirmed by the Secretary of State should be provided by him, he may, notwithstanding the provisions of subsection (1)(b) of section 12C of this Act, by order, direct that he shall be authorised to provide such special road by virtue of such scheme.

• (4) The provisions of paragraphs (a) and (b) of section 12C(3) of this Act shall apply where an order is made under subsection (3) above as they apply where an order is made under subsection (1)(b) of that section.

• (5) An order under subsection (1) or (3) above may include provision specifying the extent to which compliance before the making of that order with any statutory requirement in relation to the proposed road or, as the case may be, special road shall be deemed to satisfy for all purposes any statutory requirement which the Secretary of State would, apart from such provision, have been required to comply with in relation to that proposed road or special road.

• (6) As from the date of an order under subsection (1) or (3) above, the proposed road or, as the case may be, special road shall be deemed always to have been a proposed road to be constructed by the Secretary of State or a special road which the Secretary of State is authorised to provide.

12F

An order under section 12A, 12B, 12C, 12D or 12E of this Act may not be made so as to take effect more than 3 years after 1st April 1996.

20A

The Scottish Ministers must not proceed with the construction of a new road for which they are the roads authority if an environmental impact assessment is required for that project in accordance with section 20C—

• (a) unless an environmental impact assessment has been carried out, and

• (b) in carrying out such an assessment, the Scottish Ministers have taken the environmental information into account.

20B

• (1) An environmental impact assessment is a process consisting of—

• (a) the preparation of an EIA report by the Scottish Ministers;

• (b) the carrying out of consultation, publication and notification as required by section 20C or section 55A and, where relevant, section 20F or section 55B (as it applies section 20F);

• (c) the examination by the Scottish Ministers of the information presented in the EIA report and any other environmental information;

• (d) the reasoned conclusion by the Scottish Ministers on the significant effects of the project on the environment, taking into account the results of the examination referred to in paragraph (c); and

• (e) the integration of the Scottish Ministers’ reasoned conclusion into the decision notice in accordance with paragraph 7 or paragraph 13 of schedule 1 of this Act.

• (2) The environmental impact assessment must identify, describe and assess in an appropriate manner, in light of the circumstances relating to the project, the direct and indirect significant effects of the project on the factors specified in subsection (3) and the interaction between those factors.

• (3) The factors are—

• (a) population and human health;

• (b) biodiversity, and in particular species and habitats protected under any law in Scotland that implemented Directive 92/43/EEC and Directive 2009/147/EC , as amended by Regulation (EU) 2019/1010;

• (c) land, soil, water, air and climate, and

• (d) material assets, cultural heritage and the landscape.

• (4) The effects to be identified, described and assessed under subsection (2) include the expected effects deriving from the vulnerability of the project to risks, so far as relevant to the project, of major accidents and disasters.

• (5) The environmental impact assessment must identify the likely significant effects of the project on the environment before a decision to proceed with the project is made.

• (6) The Scottish Ministers must ensure that they have, or have access as necessary to, sufficient expertise to examine the EIA report.

• (7) In this section and sections 20C to 20G, “the project” means a project for the construction of a new road for which the Scottish Ministers are the roads authority.

Works for protecting roads against hazards of nature.

Other traffic calming works

39A

• (1) A roads authority may, in a road maintainable by them, construct traffic calming works which—

• (a) are of a description prescribed by regulations under section 39B of this Act, or

• (b) are authorised,

and may remove such works (whenever constructed).

• (2) A roads authority shall not exercise the powers conferred by subsection (1) above except in accordance with any requirements imposed by the regulations or authorisation concerned.

• (3) Requirements imposed by an authorisation given under this section may relate to any matter with respect to which regulations may be made under section 39B of this Act.

• (4) Nothing in this section shall prejudice any power of a roads authority to construct or remove traffic calming works which are neither of a description prescribed by regulations under section 39B of this Act nor authorised.

39B

• (1) The Secretary of State may make regulations—

• (a) prescribing any description of traffic calming works for the purposes of section 39A of this Act, and

• (b) making such provision (if any) as appears to him necessary or expedient in relation to the construction, maintenance and removal of works of a prescribed description.

• (2) Regulations under this section may in particular—

• (a) provide that works of a prescribed description shall be constructed only in roads of such descriptions and in such circumstances as may be prescribed by the regulations;

• (b) impose requirements as to—

• (i) the dimensions and location of works;

• (ii) the placing of signs;

• (iii) the carrying out and maintenance of ancillary or consequential works;

• (c) impose requirements as to consultation and publicity in respect of proposed works.

39C

Works (whenever constructed) of a description prescribed by regulations under section 39B, or authorised under section 39A, of this Act, which conform to any requirements imposed by the regulations or authorisation shall not be treated as constituting an obstruction to the road but as part of the road, so that in particular—

• (a) the obligation of any person to maintain the road, and

• (b) the obligation of any person having power to break open the road to make good any damage or otherwise reinstate the road,

extend to maintaining or, as the case may be, making good any damage to or otherwise reinstating the works.

Interpretation: Road humps and other traffic calming works

Equipment for detection of traffic offences

49A

A roads authority may install and maintain on or near a road structures and equipment for the detection of traffic offences or offences under section 11 of the HGV Road User Levy Act 2013 (using or keeping heavy goods vehicle if HGV road user levy not paid) .

Power to instal refuse or storage bins in roads.

55A

• (1) If the Scottish Ministers as roads authority have under consideration—

• (a) the making of an order such as is mentioned in paragraph 1 of schedule 1 of this Act relating to the improvement of a road, or

• (b) the improvement of a road without such an order,

they must, before details of the project are published, determine whether it falls within Annex I or II.

• (2) If the Scottish Ministers determine that the project—

• (a) falls within Annex I, or

• (b) is a relevant project falling within Annex II, and that having regard to the selection criteria in Annex III it should be made subject to an environmental impact assessment in accordance with the Directive,

they must, not later than the date when details of the project are published prepare an EIA report and publish notice of it in accordance with subsections (5) to (10) and paragraph 7(1C), or paragraph 13(1C) as the case may be, of schedule 1 of this Act.

• (3) In making a determination as to whether a project is a relevant project falling within Annex II the Scottish Ministers must—

• (a) in all cases take into account—

• (i) such of the selection criteria set out in Annex III as are relevant to the project, and

• (ii) the available results of any relevant assessment of the effects of the project, and

• (b) base their decision on the information set out in subsection (4).

• (4) The information referred to in subsection (3)(b) is to be compiled taking into account, where relevant, the factors set out in subsection (3)(a) and must include—

• (a) a description of the location of the project, including a plan sufficient to identify the land;

• (b) a description of the project, including in particular—

• (i) a description of the physical characteristics of the project and, where relevant, of demolition works,

• (ii) a description of the location of the project, with particular regard to the environmental sensitivity of geographical areas likely to be affected,

• (c) a description of the aspects of the environment likely to be significantly affected by the project; and

• (d) a description of any likely significant effects, to the extent of the information available on such effects, of the project on the environment resulting from—

• (i) the expected residues and emissions and the production of waste, where relevant, and

• (ii) the use of natural resources, in particular soil, land, water and biodiversity.

• (5) The Scottish Ministers must publish any determination made by them in accordance with subsections (1) to (4), and that determination shall include—

• (a) a statement giving, with reference to such of the criteria set out in Annex III as are relevant to the project, the main reasons for that conclusion; and

• (b) where the determination is to the effect that the project does not require an environmental impact assessment, the statement referred to in paragraph (a) must state any features of the project which are envisaged to avoid or prevent significant adverse effects on the environment.

• (6) An EIA report is a report prepared by the Scottish Ministers in accordance with this section which assesses the environmental impact of the project and which includes (at least)—

• (a) a description of the project comprising information on the site, design, size and other relevant features of the project;

• (b) a description of the likely significant effects of the project on the environment;

• (c) a description of the features of the project and any measures envisaged in order to avoid, prevent or reduce and, if possible, offset likely significant adverse effects on the environment;

• (d) a description of the reasonable alternatives studied by the Scottish Ministers, which are relevant to the project and its specific characteristics, and an indication of the main reasons for the option chosen, taking into account the effects of the project on the environment;

• (e) a non-technical summary of the information referred to in paragraphs (a) to (d); and

• (f) any other information specified in schedule 1A of this Act relevant to the specific characteristics of the project and to the environmental features likely to be affected.

• (7) With a view to avoiding duplication of assessments, account is to be taken of the available results of other relevant assessments under ... other legislation applicable in Scotland in preparing the EIA report.

• (8) In order to ensure the completeness and quality of the EIA report—

• (a) the Scottish Ministers must ensure that the report is prepared by competent experts;

• (b) the EIA report must be accompanied by a statement from the Scottish Ministers outlining the relevant expertise or qualifications of such experts.

• (9) The Scottish Ministers must publish notice of the EIA report so as to ensure that members of the public who are likely to be concerned are given a reasonable opportunity to express an opinion before a decision on whether to proceed with the project is taken, and the Scottish Ministers must not make any such decision without taking into consideration any opinion so expressed to them within a period of 42 days commencing with the date of publication of notice of the EIA report.

• (10) Notice under subsection (9) must state—

• (a) that the Scottish Ministers, as the relevant roads authority, are considering implementing the project;

• (b) the proposed location and nature of the project;

• (c) that the project is subject to environmental impact assessment and, where relevant, state that it is likely to have significant effects in an EEA State;

• (d) that a copy of the EIA report may be inspected at an address in the area in which the project is proposed to be situated during the period provided under paragraph (i);

• (e) the times at which a copy of the EIA report can be so inspected;

• (f) an address from which copies of the EIA report may be obtained and from which further information about the project may be requested during the period provided under paragraph (i);

• (g) if a charge is to be made for a copy of the EIA report, the amount of the charge;

• (h) that the Scottish Ministers use a website for the purpose of giving information to the public about projects of a category into which the project in question falls, and the address of the website where a copy of the EIA report will be available for inspection by the public during the period specified in paragraph (i),

• (i) that any person wishing to make any representations about the project and the EIA report may do so in writing to the Scottish Ministers at a specified address within a specified period, being a period of not less than 42 days commencing with the date of publication of the notice; and

• (j) that the Scottish Ministers will take into consideration any representations so made before deciding whether or not to proceed with the project with or without modifications.

• (11) The Scottish Ministers must ensure that during the period specified under subsection (10)(i)—

• (a) copies of the EIA report are available for inspection by any person free of charge at all reasonable hours at the address specified under subsection (10)(d);

• (b) copies of the EIA report are available to be obtained by any person from the address specified under subsection (10)(f);

• (c) the Scottish Ministers use a website for the purpose of giving information to the public about projects of a category into which the project in question falls, and that a copy of the EIA report is available for inspection at a specified website address.

• (12) A reasonable charge reflecting the costs of printing, copying and distribution may be made by the Scottish Ministers for the supply of a copy of the EIA report—

• (a) to a person other than a consultation body; or

• (b) to a consultation body to which a copy has already been supplied free of charge.

• (13) In order to ensure the completeness and quality of the EIA report the Scottish Ministers must where necessary (having regard in particular to current knowledge and methods of assessment) obtain supplementary information about any matter referred to in subsection (6) which in the opinion of the Scottish Ministers is directly relevant to reaching a reasoned conclusion on the significant effects of the project on the environment.

• (14) Where the Scottish Ministers obtain supplementary information relating to the EIA report and such supplementary information is reasonably required to give proper consideration to the likely environmental effects of the project, except insofar as such supplementary information is required for the purposes of an inquiry held under section 139, subsections (9) to (12) apply to such supplementary information as they apply to an EIA report (subject to any necessary modifications).

• (15) The Scottish Ministers must ensure that the consultation bodies are given an opportunity to express an opinion on the project and the EIA report before they decide whether to proceed with the project, and the Scottish Ministers must not make any such decision within a period of 42 days commencing with the date of sending the report to the consultation bodies.

• (16) In this section, the expressions “the Directive”, “Annex”, “relevant project” and “sensitive area” ... shall have the meanings assigned to those expressions in section 20C(16) with the proviso that in the definition of “relevant project” the reference to the construction of a new road shall be a reference to the improvement of a road and cognate expressions shall be construed accordingly.

Application of section 20B

55B

The provisions of sections 20A, 20B and 20D to 20G apply to a project to which section 55A applies as they apply to a project in terms of sections 20A, 20B and 20D to 20G.

61A

• (1) The Secretary of State may make provision by regulations requiring a person who occupies a public road by doing anything to which this section applies to pay a charge to the roads authority if the duration of the occupation exceeds the longer of the following periods—

• (a) such period as may be prescribed; or

• (b) such period as is agreed by the authority and the person to be reasonable or, in default of such agreement, is determined by arbitration to be reasonable in the circumstances.

• (2) This section applies to the occupation of a public road by doing anything which would require the consent or permission of a roads authority under any of the following provisions of this Act—

• section 56 (works executed in or excavations under a public road);

• section 58 (occupation of road for deposit of building materials and erection of scaffolding);

• section 59 (placing or depositing anything in a road);

• ...

• section 85 (depositing a builder’s skip).

• (3) For the purposes of paragraph (b) of subsection (1) above, in default of agreement, the roads authority’s view as to what is a reasonable period shall be acted upon pending the decision of the arbiter.

• (4) The regulations may provide that if a person applying to the roads authority for consent or permission under any of the provisions of this Act specified in subsection (2) above submits together with his application an estimate of the likely duration of the occupation, 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.

• (5) The regulations may provide that if it appears to the person occupying the road that by reason of matters not previously foreseen or reasonably foreseeable the duration of the occupation—

• (a) is likely to exceed the prescribed period,

• (b) is likely to exceed the period stated in the 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 roads authority to be reasonable unless they give notice, in such manner and within such period as may be prescribed, objecting to the estimate.

• (6) The amount of the charge shall be determined in such manner as may be prescribed by reference to the duration and extent of the occupation and different rates of charge may be prescribed according to the purpose of the occupation and such other factors as appear to the Secretary of State to be relevant.

• (7) The regulations may make provision as to the time and manner of making payment of any charge.

• (8) The regulations shall provide that a roads 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.

• (9) In this section “prescribed” means prescribed by the Secretary of State by regulations.

81A

• (1) This section applies where a public road is carried by a bridge over a waterway and the bridge lies partly in the areas of two local roads authorities.

• (2) Where this section applies, the authorities concerned may make arrangements as to—

• (a) which of them shall be the roads authority in relation to that bridge;

• (b) the performance by such roads authority in relation to the bridge of any of the roads functions of the other authority; and

• (c) the making of contributions by that other authority to the roads authority in respect of expenditure incurred in the performance of those functions.

• (3) Where arrangements are not made as mentioned in subsection (2) above, the Secretary of State may, on the application of one of the roads authorities concerned, make a determination in respect of the matters mentioned in paragraphs (a) to (c) of that subsection.

• (4) A determination of the Secretary of State under subsection (3) above shall be binding.

Concurrent proceedings for special and trunk roads schemes and orders.

113A

• (1) Where—

• (a) an order under section 9 of this Act transfers to a special road authority a road for the management and maintenance of which a body other than a roads authority was, prior to the coming into force of the order, responsible under any enactment; and

• (b) the functions of that body relate solely to that road,

the Secretary of State may by order (in this section referred to as a “dissolution order”) dissolve the body.

• (2) A dissolution order may transfer or provide for the transfer to—

• (a) the special road authority referred to in subsection (1)(a) above; or

• (b) such other person as the Secretary of State considers appropriate,

of such of the property, rights and liabilities of the body dissolved by the order as the Secretary of State considers appropriate.

• (3) A dissolution order may make provision in connection with the transfer of staff employed by or for the purposes of the body.

• (4) Without prejudice to the generality of subsection (2) above, a dissolution order may make provision regarding liability for the payment of any pensions, allowances or gratuities which would otherwise have been the responsibility of the body.

• (5) A dissolution order may make incidental provision as to the interests, rights and liabilities of third parties with respect to property, rights and liabilities transferred by the order.

• (6) In subsection (5) above the reference to third parties is a reference to persons other than the body and the persons referred to in subsection (2)(a) and (b) above.

• (7) A dissolution order may repeal or amend—

• (a) any enactment in a private Act; and

• (b) any provision of an order made under or confirmed by a private Act,

which, in consequence of the making of the order, is no longer required or, as the case may be, requires to be amended.

Restriction of powers of local authority in whom sewer is vested.

Status of road humps.

Part IIA — Toll Orders Under Section 27 of the New Roads and Street Works Act 1991

14A

• (1) Where the Secretary of State proposes to make a toll order under section 27 of the New Roads and Street Works Act 1991, he shall prepare a draft of the order and shall publish in at least one newspaper circulating in the area in which the proposed special road is to be situated, and in the Edinburgh Gazette, a notice—

• (a) stating the general effect of the proposed order;

• (b) naming 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 during a period specified in the notice, being a period of not less than six weeks from the date of the publication of the notice; and

• (c) stating that, within that period, any person may by notice to the Secretary of State object to the making of the order.

• (2) Where a toll order is submitted to the Secretary of State by a local roads authority, the authority shall publish in at least one newspaper circulating in the area in which the proposed special road is to be situated, and in the Edinburgh Gazette, a notice—

• (a) stating the general effect of the order as submitted to the Secretary of State;

• (b) naming a place in that area where a copy of the order may be inspected by any person free of charge at all reasonable hours during a period specified in the notice, being a period of not less than six weeks from the date of the publication of the notice; and

• (c) stating that, within that period, any person may by notice to the Secretary of State object to the confirmation of the order.

• (3) Where it is intended that the proposed toll order shall authorise the special road authority to assign their rights to charge and collect tolls, the Secretary of State or, as the case may be, the local roads authority shall make a statement containing such information as may be prescribed with respect to that assignation and the person to whom the rights are intended to be assigned and—

• (a) the statement shall be made available for inspection with the copy of the order to which the notice under subparagraph (1) or (2) relates; and

• (b) the notice shall state that such a statement will be so available.

• (4) In sub-paragraph (3) “prescribed” means prescribed by the Secretary of State by regulations made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

14B

The Secretary of State may, if he is satisfied that in the circumstances of the case the holding of an inquiry is unnecessary, dispense with such an inquiry.

14C

• (1) ... after considering objections (if any) to the proposed 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 or confirm the order either without modification or subject to such modifications as he thinks fit.

• (2) The power under this paragraph to make or confirm the order includes power to make or confirm it so far as relating to part of the proposals contained in it (either without modification or subject to such modifications as the Secretary of State thinks fit) while deferring consideration of the remaining part.

14D

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

14E

In this Part of this Schedule “proposed order” includes an order made by a local roads authority and submitted to the Secretary of State.

6

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CLASS I:

Amendment of Road Traffic Regulation Act 1984 (c.27)

The Railways Clauses Consolidation(Scotland) Act 1845 (c. 33)

The Coast Protection Act 1949 (c.74)

The Public Utilities Street Works Act 1950 (c.39)

The Atomic Energy Authority Act 1954 (c.69)

The Land Powers (Defence) Act 1958 (c.30)

The Roads Traffic (Foreign Vehicles) Act 1972 (c. 27)

The Telecommunications Act 1984 (c. 12)

The Road Traffic Regulation Act 1984 (c. 27)

Editorial notes