The Isles of Scilly (Road Traffic Regulation) Order 1990

Made: 19th March 1990

Coming into force: 9th April 1990

The Secretary of State for Transport, in exercise of his powers under section 135 of the Road Traffic Regulation Act 1984 [^f00001]and all other enabling powers, and after consultation with the Council of the Isles of Scilly in accordance with that section, hereby makes the following Order:—

Citation, commencement, interpretation

1

• (1) This Order may be cited as the Isles of Scilly (Road Traffic Regulation) Order 1990 and shall come into force on 9th April 1990.

• (1) In this Order —

• “the Council” means the Council of the Isles of Scilly;

• “the Isles” means the Isles of Scilly.

Application of the Road Traffic Regulation Act 1984.

2

• (1) The provisions of the Road Traffic Regulation Act 1984 other than sections 26(4) and 39 shall apply to the Isles, subject to the modification specified in paragraph (2) below, as if the Isles were a separate county.

• (2) The modifications are the following —

• (a) any reference to a county council or a local authority shall be construed as including a reference to the Council;

• (b) any reference (however expressed) to the council of the county in which a place is or to the local authority in whose area a place is shall, in relation to a place in the Isles, be construed as a reference to the Council; and

• (c) in section 142, for the definition of “highway authority” there shall be substituted —

“highway authority” means the Council of the Isles of Scilly;

Revocation

3

The Isles of Scilly (Road Traffic Regulation) Order 1971 [^f00002]is hereby revoked.

Signed

Cecil Parkinson — Secretary of State for Transport — 19th March 1990

Explanatory note

(This note is not part of the Order)

This Order replaces the Isles of Scilly (Road Traffic Regulation) Order 1971.

The 1971 Order made the Road Traffic Regulation Act 1967 (c. 76) apply to the Isles of Scilly as if for some purposes it were a separate county district and for other purposes it were a separate county. The Order modified the 1967 Act in its application to the Isles so that the council of Isles of Scilly was treated as a local authority and a highway authority.

The 1967 Act was amended by subsequent Acts and then re-enacted by the Road Traffic Regulation Act 1984 which also re-enacted other legislation.

Under this Order the 1984 Act applies with modification to the Isles as if the Isles were a separate county.

The Council is treated as a county council, a local authority and a highway authority for the purposes of the 1984 Act as so applied. There are other minor modifications.

Footnotes

[^f00001]: 1984 c. 27. Section 51 was substituted by the Road Traffic Regulation (Parking) Act 1986 (c. 27), section 2(1). Section 35 is prospectively amended and new sections 35A and 35B are prospectively inserted by the Parking Act 1989 (c. 16), sections 1, 2 and 3. The Parking Act 1989 also prospectively makes minor consequential and related amendments to the Road Traffic Regulation Act 1984.

[^f00002]: S.I. 1971/256