Citation, commencement and interpretation

1

(1)    This Order may be cited as the Lord Chancellor (Modification of Functions) Order 2007 and shall come into force on the day on which paragraph 3(2) of Schedule 11 to the Traffic Management Act 2004 comes into force in relation to England.

(2)    In this Order, “the 1984 Act” means the Road Traffic Regulation Act 1984.

NOTES
Initial Commencement
To be appointed

To be appointed: this Order shall come into force on the day on which the Traffic Management Act 2004, Sch 11, para 3(2) comes into force in relation to England: see para (1) above.

Road Transport99 Transport Law99

Modification of functions of the Lord Chancellor

2

Modification of functions of the Lord Chancellor2

(1)    Section 101B (representations and appeals) of the 1984 Act is amended in accordance with this article.

(2)    After subsection (5) insert—

“(6)    Subsections (1) to (3) of section 89 of the Traffic Management Act 2004 (regulations and orders) apply to regulations under this section as they apply to regulations under Part 6 of that Act.”.

NOTES
Initial Commencement
To be appointed

To be appointed: this Order shall come into force on the day on which the Traffic Management Act 2004, Sch 11, para 3(2) comes into force in relation to England: see art 1(1).

3

3

(1)    Section 134 of the 1984 Act (provisions as to regulations) is amended in accordance with this article.

(2)    In subsection (1), after “on the Secretary of State,” insert “on the Lord Chancellor,”.

(3)    In subsection (3), after “sections 86, 97” insert “, 101B”.

(4)    In subsection (5), after “section 97” insert “or section 101B”.

NOTES
Initial Commencement
To be appointed

To be appointed: this Order shall come into force on the day on which the Traffic Management Act 2004, Sch 11, para 3(2) comes into force in relation to England: see art 1(1).

Signature

Falconer of Thoroton, C

19th June 2007

EXPLANATORY NOTE

EXPLANATORY NOTE (This note is not part of the Order)

This Order amends section 101B of the Road Traffic Regulation Act 1984 (c 27) (“the 1984 Act”) to provide that section 89(1) to (3) of the Traffic Management Act 2004 (c 18) apply to regulations under section 101B as they apply to regulations under Part 6 of the 2004 Act.

The effect of this amendment is that regulations under section 101B may—

(a)    make provision for Greater London different from that made for the rest of England;

(b)    make provision for Wales different from that made for England; and

(c)    contain incidental, consequential or transitional provision or savings.

This Order also amends section 134 of the 1984 Act to provide that regulations under section 101B—

(a)    must be made by statutory instrument; and

(b)    may not be made unless a draft has been laid before and approved by a resolution of each House of Parliament.

Road Transport96 Transport Law96