Legislation – Road Traffic Regulation Act 1984
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SCHEDULE 10 Transitional Provisions and Savings
General
1
(1)
In this Schedule “the M11967 Act” means the Road Traffic Regulation Act 1967.
(2)
For the purposes of any provision of this Schedule which refers—
(a)
to an enactment repealed by this Act, or to the repeal by this Act of any enactment, and
(b)
to the commencement of this Act,
the commencement of this Act shall be taken to be the date on which the repeal by this Act of that enactment takes effect.
2
Where any enactment or document refers, whether specifically or by means of a general description, to an enactment repealed by and re-enacted (with or without modification) in this Act, or is to be construed as so referring, the reference shall, except where the context otherwise requires, be construed as, or as including, a reference to the corresponding provision of this Act.
3
Any reference in this Act (whether express or implied) to a thing done or required or authorised to be done, or omitted to be done, or deemed to have been done, or to an event which has occurred, under or by virtue of or for the purposes of, or by reference to, any provision of this Act includes (except where the context otherwise requires) a reference to the corresponding thing done, or having effect as if done, or required or authorised to be done, or omitted to be done, or deemed to have been done, or to the corresponding event which has occurred, as the case may be, under or by virtue of or for the purposes of or by reference to, the corresponding enactment repealed by this Act.
4
(1)
Without prejudice to paragraph 3 above, any reference in this Act (whether express or implied) to a thing done by the Secretary of State, a local authority or any other authority under a provision of this Act includes (except where the context otherwise requires) a reference to the corresponding thing done, or having effect as if done, by a predecessor authority under the corresponding provision repealed by this Act.
(2)
In sub-paragraph (1) above “predecessor authority”—
(a)
in relation to the Secretary of State, means the Minister of Transport or other Minister exercising the relevant function before the transfer of the function to the Secretary of State, and
(b)
in relation to a council, means the authority exercising the relevant function before it vested in the council under the M2Local Government Act 1972, the M3London Government Act 1963, the M4Local Government (Scotland) Act 1973 or any other enactment.
(3)
In sub-paragraph (2) above any reference to the Minister or authority exercising a function includes a reference to a Minister or authority exercising that function for particular purposes only or in relation only to a particular part of Great Britain.
5
Without prejudice to paragraphs 3 and 4 above, any power which, under an enactment repealed by this Act, was exercisable by the Secretary of State, a local authority or other authority immediately before the commencement of this Act by reference (whether express or implied) to anything done before the commencement of this Act may be exercised by the Secretary of State or that authority, as the case may be, under the corresponding provision of this Act.
6
Where a period of time specified in an enactment repealed by this Act is current at the commencement of this Act, this Act shall have effect as if the corresponding provision of this Act had been in force when that period began to run.
Traffic regulation byelaws in Scotland
7
Any byelaw made under section 104 of the M5Roads and Bridges (Scotland) Act 1878 or paragraph (1) or (3) of section 385 of the M6Burgh Police (Scotland) Act 1892 which—
(a)
was in force immediately before the commencement of the 1967 Act and by virtue of paragraph 6 of Schedule 8 to that Act had effect as if it were an order made under section 1 of that Act; and
(b)
continues so to have effect immediately before the commencement of this Act,
shall have effect as if it were an order under section 1 of this Act.
Meaning of “heavy commercial vehicle”
F18
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Pedestrian crossings
9
(1)
Subsections (2) and (3) of section 23 of this Act shall apply in relation to the alteration and removal of crossings established, or having effect as if established, under section 21 of the 1967 Act (whether as that section had effect at any time before the commencement of the M7Local Government, Planning and Land Act 1980 or as it had effect by virtue of that Act) as they apply in relation to the alteration and removal of crossings established under section 23 of this Act.
(2)
Section 25(6) of this Act shall apply in relation to a crossing established, or having effect as if established—
(a)
by a local authority under section 21 of the 1967 Act (whether as that section had effect at any time before the commencment of the said Act of 1980 or as it had effect by virtue of that Act), or
(b)
by a Minister under section 22 of the 1967 Act,
as it applies in relation to a crossing established by a local authority under section 23 or by the Secretary of State under section 24 of this Act.
Parking places
10
(1)
The power conferred on a local authority by section 33(7) of this Act shall have effect in relation to an off-street parking place provided by the authority under section 81 of the M8Road Traffic Act 1960, or under that section as applied by virtue of section 82 of that Act, or under the corresponding provisions of the enactments repealed by that Act, as well as (by virtue of any of the provisions of the M9Interpretation Act 1978) it has effect in relation to an off-street parking place provided by the authority under section 28 of the 1967 Act.
(2)
Any arrangements for collecting and retaining charges as mentioned in section 33(7) of this Act which were made in respect of any parking place provided under any of the provisions referred to in sub-paragraph (1) above, and which are in force immediately before the commencement of this Act, shall continue to have effect after the repeal by this Act of section 29(9) of the 1967 Act, as if they were arrangements made under section 33(7) of this Act.
11
(1)
The repeal by this Act of Schedule 8 to the 1967 Act shall not affect the operation of paragraph 9 of that Schedule in relation to orders made before 1st January 1963 under the enactments mentioned in that paragraph (which saved such orders from the effect of the repeal of those enactments by that Act) except that the power to revoke or vary any such order shall be exercisable by an order under section 46 or 49 of this Act.
(2)
Without prejudice to the power of revocation conferred by sub-paragraph (1) above, an order made by a Minister before 1 January 1963 under section 86 or 87 of the M10Road Traffic Act 1960 may be revoked by an order of the Secretary of State.
(3)
The power to make an order under sub-paragraph (2) above shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
F212
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13
Nothing in F3subsections (1) to (3B) of section 35 or F4subsections (1) to (3) of section 35A of this Act shall affect the M11Restriction of Ribbon Development (Power to Provide Parking Places) Order 1936, so far as it applies to the City of London, or shall apply to any byelaws having effect as respects the City of London by virtue of that Order; and that Order, so far as it so applies, shall continue to have effect by virtue of this paragraph.
Speed limits
F514
(1)
A direction in an order made under section 1 of the M12Road Traffic Act 1934 that a length of road is to be deemed to be, or not to be, a road in a built-up area, if—
(a)
by virtue of paragraph 10 of Schedule 8 to the 1967 Act it had effect as a direction that that length of road was to become, or (as the case may be) was to cease to be, a restricted road for the purposes of section 71 of that Act, and
(b)
the direction continues so to have effect immediately before the commencement of this Act,
shall have the like effect for the purposes of section 81 of this Act.
(2)
Any reference in any provision of an Act, or of any instrument (other than such an order as is mentioned in sub-paragraph (1) above) made under an enactment repealed by the M13Road Traffic Act 1960, to a road in a built-up area, if the provision is in force immediately before the commencement of this Act, shall be construed as a reference to a restricted road for the purposes of section 81 of this Act.
F615
Any limit of speed which was in force on 1st November 1962 by virtue of any direction, order or regulation given or made by an authority under section 19(2), 26 or 34 of the Road Traffic Act 1960, if—
(a)
by virtue of paragraph 12 of Schedule 8 to the 1967 Act it was deemed to have been imposed by an order made by that authority under section 74(1) of the 1967 Act, and
(b)
it continues to be in force immediately before the commencment of this Act
shall be deemed to have been imposed by an order made by that authority under section 84(1) of this Act and may be revoked or varied accordingly.
F716
(1)
This paragraph applies to any road which—
(a)
would have become a restricted road for the purposes of section 71 of the M141967 Act on 1st November 1982 as a result of the repeal of section 72(2) of the 1967 Act by section 61 of the Transport Act 1982; but
(b)
by reason of section 61(2) of that Act was taken to have ceased to be a restricted road before that day by virtue of a direction duly given under section 72(3) of the 1967 Act and still in force at the beginning of that day; and
(c)
did not become a restricted road at any time between the beginning of that day and the commencement of this Act.
(2)
At the commencement of this Act, any road to which this paragraph applies shall be treated as if it were the subject of a direction duly given under section 82(1)(a) of this Act.
(3)
Nothing in sub-paragraph (2) above prevents a direction under section 82(2)(b) of this Act being given in respect of any road to which this paragraph applies.
Saving for agreements and incidental matters
17
(1)
The repeal of this Act by any enactment shall not affect any agreement which, immediately before the commencement of this Act, has effect in pursuance of the enactment, notwithstanding that the enactment is not re-enacted in this Act; and any provision conferring a power to determine disputes or other provision incidental to any such agreement which, immediately before the commencement of this Act, has effect in connection with the agreement shall continue to have effect notwithstanding the repeal.
(2)
Without prejudice to the operation of sub-paragraph (1) above in relation to any agreement under subsection (8) of section 34 of the M15Transport (London) Act 1969 (which relates to agreements consequential upon the transfer of traffic signs and related property and rights to the Greater London Council under subsection (6) of that section), the repeal by this Act of that section (and in particular of subsection (9)) shall not cause that council to be treated for the purposes of the M16Public Utilities Street Works Act 1950 as the highway authority for any highway for which they would not be the highway authority apart from any such transfer.
(3)
Sub-paragraphs (1) and (2) above shall have effect without prejudice to the operation of the preceding provisions of this Schedule, or of any provisions of the M17Interpretation Act 1978, in relation to an enactment repealed by this Act which is re-enacted in it, with or without modification.
Offences relating to disabled persons’ concessions
18
F8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
References to foot passengers in subordinate legislation
19
For the purposes of the application of any provisions of the M18Interpretation Act 1978, or of paragraphs 2 to 5 of this Schedule, in relation to any subordinate legislation made, or having effect as if made, under any enactment consolidated by this Act, “foot passengers” shall be taken to have the same meaning as “pedestrians”; and any reference in any such subordinate legislation to foot passengers or to foot passenger traffic shall be construed accordingly.
Statutory statement of facts
20
F9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .