Paragraph 5
Paragraphs 1 to 4 above shall have effect in any case in which it appears to the Secretary of State that F1the council of a London borough or the Common Council of the City of London have failed in the exercise of the powers conferred on them by section 6 of this Act to make such provision for the control of heavy commercial vehicles in their area as is appropriate for preserving or improving the amenities of their area, as if—
the power conferred by paragraph 1 above to give a direction with respect to section 6 of this Act were a duty to give such a direction; and
the power to make an order under that section conferred by paragraph 3 above were a duty to make such an order or a similar order under section 9 of this Act.
Any reference in this Act to paragraph 1 or 3 above shall be construed as including a reference to that paragraph as modified by this paragraph.
Annotations
Textual amendments
- F1
Words substituted by Local Government Act 1985 (c. 51, SIF 81:1), ss. 1, 2, 8(1), Sch. 5 para. 4(39)(c)
Notes on Schedule 9
Modifications
- C1
Sch. 9: transfer of functions (23.3.2005) by The Scotland Act 1998 (Transfer of Functions to the Scottish Ministers etc.) Order 2005 (S.I. 2005/849), art. 2, Sch. (with art. 6)
- C2
Sch. 9 applied (E.W.) (20.12.2023) by The York and North Yorkshire Combined Authority Order 2023 (S.I. 2023/1432), arts. 1(2), 17(3)
Notes on Part I
Textual amendments
- F1
Words in Sch. 9 Pt. I substituted (23.5.2016) by Scotland Act 2016 (c. 11), s. 72(7), Sch. 2 para. 14(2)
Modifications
- C1
Sch. 9 Pt. I (paras. 1–12) applied by Road Traffic Act 1988 (c. 52, SIF 107:1), s. 19A(7) (as inserted by Road Traffic (Consequential Provisions) Act 1988 (c. 54, SIF 107:1), s. 4, Sch. 2 para. 22(1))
- C2
Sch. 9 Pt. I applied (E.W.) (8.5.2017) by The Liverpool City Region Combined Authority (Functions and Amendment) Order 2017 (S.I. 2017/430), arts. 1(3), 17(3)