HL Deb 21 October 2004 vol 665 cc1045-6

(1) An order may be made by virtue of section 22C only on the recommendation of the chief officer of police for the area to which the order relates.

(2) The following shall not apply in relation to an order made by virtue of section 22C—

  1. (a) section 3,
  2. (b) section 6(5),
  3. (c) the words in section 14(4) from "but" to the end,
  4. (d) section 121B, and
  5. (e) paragraph 13(1)(a) of Schedule 9.

(3) Sections 92 and 94 shall apply in relation to an order under section 14 made by virtue of section 22C as they apply in relation to an order under section 1 or 6.

(4) An order made by virtue of section 22C, or an authorisation or requirement by virtue of subsection (3) above, may authorise the undertaking of works for the purpose of, or for a purpose ancillary to, another provision of the order, authorisation or requirement.

(5) An order made by virtue of section 22C may—

  1. (a) enable a constable to direct that a provision of the order shall (to such extent as the constable may specify) be commenced, suspended or revived;
  2. (b) confer a discretion on a constable;
  3. (c) make provision conferring a power on a constable in relation to the placing of structures or signs (which may, in particular, apply a provision of this Act with or without modifications);
  4. (d) enable a constable to authorise an employee of the traffic authority to do anything that the constable could do by virtue of this subsection."

(3) In section 67 (traffic signs: emergencies &c.) after subsection (1) insert—

"(1A) In subsection (1)—

  1. (a) "extraordinary circumstances" includes terrorism or the prospect of terrorism within the meaning of section 1 of the Terrorism Act 2000 (c. 11), and
  2. (b) the reference to 7 days shall, in the application of the subsection in connection with terrorism or the prospect of terrorism, be taken as a reference to 28 days;
but this subsection does not apply to a power under subsection (1) in so far as exercisable by a traffic officer by virtue of section 7 of the Traffic Management Act 2004 (c. 18)."

(4) In Schedule 9 (reserve powers of Secretary of State, Scottish Ministers and National Assembly for Wales)—

  1. (a) in paragraph 1, after "sections 1, 6, 9," insert "14 (in so far as the power under that section is exercisable by virtue of section 22C),", and—
  2. (b) after paragraph 12 insert—
12A Article 2 of the Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 1999 (SI 1999/1750) shall not apply to a provision of this Schedule in so far as it relates to the exercise of a power under this Act by virtue of section 22C. 12B A power conferred upon the Secretary of State by this Schedule shall, in so far as it relates to the exercise of a power under this Act by virtue of section 22C, be exercisable in relation to Wales by the National Assembly for Wales with the consent of the Secretary of State.".

Roads (Scotland) Act 1984 (c. 66)

17 (1) After section 39B of the Roads (Scotland) Act 1984 (traffic calming works regulations) insert—