Section 36 Variation and revocation of permit schemesC1C3C5C7F1C2C4C6C8C9C10C11C12C13C14C15C16C17C18
England and Wales
A local highway authority in England may by order vary or revoke a permit scheme to the extent that it has effect in the area of the authority by virtue of an order made by the authority under section 33A(2).
The Secretary of State may direct a local highway authority in England to vary or revoke a permit scheme by an order under subsection (1).
An order made by a local highway authority under subsection (1) may vary or revoke an order made by the authority under section 33A(2), or an order previously made by the authority under subsection (1).
A strategic highways company may by order vary or revoke a permit scheme to the extent that it has effect, by virtue of an order made by the company under section 33A(2), in the area in respect of which the company is appointed.
The Secretary of State may direct a strategic highways company to vary or revoke a permit scheme by an order under subsection (4).
An order made by a strategic highways company under subsection (4) may vary or revoke an order made by the company under section 33A(2), or an order previously made by the company under subsection (4).
The Welsh Ministers may by order vary or revoke any permit scheme which for the time being has effect by virtue of an order made by them under section 34(4) or 35(2).
An order under subsection (7) may vary or revoke an order made by the Welsh Ministers under section 34(4) or 35(2), or an order previously made under subsection (7).
The Secretary of State may by order vary or revoke any permit scheme which for the time being has effect by virtue of an order made by the Secretary of State under section 35(2).
An order under subsection (9) may vary or revoke an order made by the Secretary of State under section 35(2), or an order previously made under subsection (9).
An order under subsection (7) or (9) may relate to one or more permit schemes.
An order under this section may (in accordance with permit regulations) include provisions which disapply or modify enactments to the extent specified in the order.
Annotations
Textual amendments
- F1
S. 36 substituted (26.3.2015 for specified purposes, 30.6.2015 in so far as not already in force) by Deregulation Act 2015 (c. 20), s. 115(2)(e), Sch. 10 para. 8; S.I. 2015/994, art. 9(b)
Modifications
- C1
Pt. 3 applied (with modifications) (8.5.2017) by The West Midlands Combined Authority (Functions and Amendment) Order 2017 (S.I. 2017/510), arts. 1(2), 8(4), Sch. 2
- C2
S. 36 functions made exercisable concurrently (8.5.2017) by The West Midlands Combined Authority (Functions and Amendment) Order 2017 (S.I. 2017/510), arts. 1(2), 8(1)(3)
- C3
Pt. 3 applied (with modifications) (30.1.2021) by The West Yorkshire Combined Authority (Election of Mayor and Functions) Order 2021 (S.I. 2021/112), arts. 1(2), 23(4)(7), Sch. 4
- C4
S. 36: functions made exercisable concurrently (30.1.2021) by The West Yorkshire Combined Authority (Election of Mayor and Functions) Order 2021 (S.I. 2021/112), arts. 1(2), 23
- C5
Pt. 3 applied (with modifications) (20.12.2023) by The York and North Yorkshire Combined Authority Order 2023 (S.I. 2023/1432), arts. 1(2), 20(4), Sch. 4
- C6
S. 36: functions made exercisable concurrently (20.12.2023) by The York and North Yorkshire Combined Authority Order 2023 (S.I. 2023/1432), arts. 1(2), 20(1)(3) (with art. 20(8))
- C7
Pt. 3 applied (with modifications) (28.2.2024) by The East Midlands Combined County Authority Regulations 2024 (S.I. 2024/232), regs. 1(2), 20(4), Sch. 4
- C8
S. 36: functions made exercisable concurrently (28.2.2024) by The East Midlands Combined County Authority Regulations 2024 (S.I. 2024/232), regs. 1(2), 20(1)(3) (with reg. 20(6))
- C9
S. 36: functions made exercisable concurrently (7.5.2024) by The North East Mayoral Combined Authority (Establishment and Functions) Order 2024 (S.I. 2024/402), arts. 1(3), 22(1) (with art. 9)
- C10
Pt. 3 applied (with modifications) (7.5.2024) by The North East Mayoral Combined Authority (Establishment and Functions) Order 2024 (S.I. 2024/402), arts. 1(3), 22(4), Sch. 2 Pt. 2 (with art. 9)
- C11
S. 36: functions made exercisable concurrently (5.2.2025) by The Devon and Torbay Combined County Authority Regulations 2025 (S.I. 2025/115), regs. 1(2), 13
- C12
Pt. 3 applied (with modifications) (5.2.2025) by The Lancashire Combined County Authority Regulations 2025 (S.I. 2025/118), regs. 1(2), 14(4), Sch. 3
- C13
Pt. 3 applied (with modifications) (5.2.2025) by The Devon and Torbay Combined County Authority Regulations 2025 (S.I. 2025/115), regs. 1(2), 13(4), Sch. 3
- C14
S. 36: functions made exercisable concurrently (with modifications) (5.2.2025) by The Hull and East Yorkshire Combined Authority Order 2025 (S.I. 2025/113), arts. 1(2), 11
- C15
S. 36: functions made exercisable concurrently (5.2.2025) by The Lancashire Combined County Authority Regulations 2025 (S.I. 2025/118), regs. 1(2), 14
- C16
Pt. 3 applied (with modifications) (5.2.2025) by The Greater Lincolnshire Combined County Authority Regulations 2025 (S.I. 2025/117), regs. 1(2), 19(4), Sch. 4
- C17
S. 36: functions made exercisable concurrently (with modifications) (5.2.2025) by The Greater Lincolnshire Combined County Authority Regulations 2025 (S.I. 2025/117), regs. 1(2), 19
- C18
Pt. 3 applied (with modifications) (5.2.2025) by The Hull and East Yorkshire Combined Authority Order 2025 (S.I. 2025/113), arts. 1(2), 11(4), Sch. 2
Notes on Part 3
Modifications
- C1
Pt. 3 excluded (23.2.2017) by High Speed Rail (London - West Midlands) Act 2017 (c. 7), s. 70(1), Sch. 24 para. 3
- C3
Pt. 3 excluded (2.1.2018) by The Boston Barrier Order 2017 (S.I. 2017/1329), arts. 1, 3(7) (with arts. 55-57, Sch. 8 para. 13)
- C5
Pt. 3 excluded (11.2.2021) by High Speed Rail (West Midlands - Crewe) Act 2021 (c. 2), s. 64(1), Sch. 24 para. 3(1) (with Sch. 24 para. 3(2))
- C6
Pt. 3 excluded (25.3.2022) by The Bridgwater Tidal Barrier Order 2022 (S.I. 2022/299), arts. 1, 3(7) (with art. 55)