# The Local Authorities' Traffic Orders (Procedure) (England and Wales) Regulations 1989, Regulation 22: Special provisions for orders giving permanent effect to experimental orders


(1) In this regulation “permanent order” means an order under any provision of the 1984 Act other than section 9 the sole effect of which would be to reproduce and continue in force indefinitely an order under section 9 (whether or not that order has been varied, or has been modified or suspended under section 10(2) of that Act).
(2) Regulations 5, 6 and 7 shall not apply to a permanent order where–
(a) the provisions to be continued in force have been in continuous operation for a period of not less than 6 months, and
(b) the requirements mentioned in paragraph (3) have been complied with in relation to the order under section 9 of the 1984 Act, or if more than one such order is involved, to each such order (an order under the said section 9 containing provisions to be continued in force as aforesaid being in this regulation referred to as a “relevant section 9 order”).
(3) Those requirements are that–
(a) the notice of the making of the relevant section 9 order published under regulation 16(1)(d) and (e), or if more than one such order is involved, of each such order, has contained the following statements–
(i) that the order making authority would be considering in due course whether the provisions of that order should be continued in force indefinitely; and
(ii) that within a period of 6 months from the coming into force of that order, or if that order is subsequently varied by another order under that section or modified pursuant to subsection (2) of section 10 of the 1984 Act, from the coming into operation of that variation or modification (whichever is latest), any person may object to the making of an order for the purposes of such indefinite continuation; and
(iii) that any such objection must be in writing, must give the grounds on which it is made and must be made to an address of the order making authority specified in the statement;
(b) the documents which the order making authority are required by regulation 16(1)(f) to make available for inspection in connection with the making of the relevant section 9 order, or of each such order, if more than one, have been accompanied by a statement setting out the authority’s reasons for making that section 9 order;
(c) those documents and that statement have continued to be available for inspection in accordance with Schedule 3 during the whole of the period within which objections can be made in accordance with sub-paragraph (a)(ii) above; and
(d) in a case where a relevant section 9 order has been modified pursuant to subsection (2) of the said section 10, a document stating the effect of each such modification has been made available for inspection along with the documents and statement referred to in sub-paragraph (c) above and for the period mentioned in that sub-paragraph.
(4) In the application of regulations 8, 9(2), 10, 12 and 16, Part III of Schedule 1 and Schedule 4 to a permanent order to which regulations 5, 6 and 7 do not apply by virtue of paragraph (2) above–
(a) the notice of the making of the relevant section 9 order published under regulation 16(1)(d) shall be treated as the notice of proposals published under regulation 6(1)(a) in respect of the permanent order;
(b) the notice of the making of the relevant section 9 order published under regulation 16(1)(e) shall be treated as the notice of proposals published under regulation 6(1)(b) in respect of the permanent order; and
(c) any objection made in accordance with the statement contained in a notice of the making of the relevant section 9 order referred to in paragraph (a) or (b) above shall be treated as an objection duly made under regulation 7 above to the permanent order.

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Source: https://www.legislation.gov.uk/uksi/1989/1120/regulation/22 (the official version)
Page: https://openlegislation.uk/local-authorities-traffic-orders-procedure-england-and-wales-regulations-1989/regulation-22
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

