The Road Traffic Act 1991 (Commencement No. 5 and Transitional Provisions) Order 1992

Made: 10th August 1992

The Secretary of State for Transport, in exercise of the powers conferred by section 84 of the Road Traffic Act 1991[^f00001] and of all other enabling powers hereby makes the following Order:

Citation and interpretation

1

• (1) This Order may be cited as the Road Traffic Act 1991 (Commencement No. 5 and Transitional Provisions) Order 1992.

• (2) In this Order—

• “the 1991 Act” means the Road Traffic Act 1991;

• “Schedule 5” means Schedule 5 to the Local Government Act 1985[^f00002]; and

• “the Director” has the same meaning as in paragraph 5 of Schedule 5 (as substituted by the 1991 Act).

• (3) A reference in this Order to the council of a London borough shall be construed in accordance with paragraph 13 of Schedule 5.

Commencement provisions

2

The following provisions of the 1991 Act shall come into force on 1st September 1992—

• (a) section 81, to the extent necessary for the bringing into force of the provision referred to in sub-paragraph (b) below; and

• (b) paragraph 8 of Schedule 7.

Transitional provisions

3

• (1) This article has effect where, before 1st September 1992, notice has been given to the Secretary of State in accordance with sub-paragraph(2) of paragraph 5 of Schedule 5 (as originally enacted) of a proposal to exercise a power to which that paragraph then applied.

• (2) If the requirements of paragraph (b) of that sub-paragraph are satisfied in relation to the proposal before that date then, as from that date, paragraph 5(3) of Schedule 5 (as substituted by the 1991 Act) shall not apply in relation to the exercise of that power in the way in question.

• (3) In any other case, the notice shall have effect as if it had been given to the Director in accordance with paragraph 5(4)(a) of Schedule 5 (as substituted by the 1991 Act).

4

Where a council of a London borough gives notice to the Secretary of State after the making of this Order and before 1st September 1992 in such manner as he may require of a proposal to exercise a power—

• (a) to which paragraph 5(3) of Schedule 5 (as substituted by the 1991 Act) applies after 1st September; but

• (b) to which paragraph 5(2) of Schedule 5 (as originally enacted) does not apply at the date the notice is given;

the notice shall have effect as if it had been given to the Director in accordance with paragraph 5(4)(a) of Schedule 5 (as substituted by the 1991 Act).

5

Nothing in paragraph 8 of Schedule 7 to the 1991 Act shall affect the validity of anything done before 1st September 1992 or prevent the continuation of the exercise of any power falling within sub-paragraph(a) of article 4 which was commenced before that date.

Signed

Signed by authority of the Secretary of State for Transport

Roger Freeman — Minister of State, — Department of Transport — 10th August 1992

Explanatory note

(This note is not part of the Order)

This Order brings into force on 1st September 1992 the provisions of paragraph 8 of Schedule 7 to the Road Traffic Act 1991. Paragraph 8 amends Schedule 5 to the Local Government Act 1985 by substituting a new paragraph 5.

The main effect of the amendment is to transfer from the Secretary of State to the London Traffic Director the function of approving the exercise of certain powers by London authorities in relation to designated roads. It also widens the class of powers which are subject to the provision.

The Order contains transitional provisions.

Footnotes

[^f00001]: 1991 c. 40.

[^f00002]: 1985 c. 51; paragraph 5 of Schedule 5 is substituted by paragraph 8 of Schedule 7 to the Road Traffic Act 1991.