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Regulation 20B Special provisions for orders giving permanent effect to experimental ordersF1

(1)

In this regulation—

  • “permanent order” means an order under any provision of the Act the sole effect of which is to reproduce and continue in force indefinitely the provisions of a relevant experimental order, whether or not that relevant experimental order has been varied by another experimental order, or has been modified or suspended under section 10(2) of the Act,

  • “relevant experimental order”, in relation to a permanent order, means an experimental order the provisions of which are to be reproduced and continued in force indefinitely by that permanent order.

(2)

Regulations 4, 5, 6 and 7 do not apply to a permanent order where—

(a)

the provisions to be reproduced and continued in force have been in continuous operation for a period of not less than 6 months, and

(b)

the requirements specified in paragraph (3) have been complied with in relation to each relevant experimental order.

(3)

The requirements are that—

(a)

the notice of making in relation to each relevant experimental order contained the statements specified in schedule 7,

(b)

the requirements of these Regulations applicable to each relevant experimental order have been met,

(c)

no variation or modification of any relevant experimental order was made more than 12 months after that order was made, and

(d)

where any relevant experimental order has been modified in accordance with section 10(2) of the Act, a statement of the effect of each such modification has been included with the documents deposited in accordance with schedule 3.

(4)

In the application of regulations 9, 10 and 12 and Part II of schedule 1 to a permanent order the notice of making in relation to each relevant experimental order is to be treated as the notice of proposals in respect of the permanent order.

(5)

In the application of regulations 9, 10, 12 and 17(1)(b) and Part II of schedule 1 to a permanent order, any objection made in accordance with the statement included by virtue of paragraph (3)(a) in the notice of making in relation to any relevant experimental order is to be treated as an objection made under regulation 7 to the making of the permanent order.

Annotations

Textual amendments

F1

Regs. 20A, 20B inserted (26.11.2021) by The Traffic Regulation Orders (Procedure) (Miscellaneous Amendments) (Scotland) Regulations 2021 (S.S.I. 2021/348), regs. 1, 3(8)