Roads (Scotland) Act 1984

Section 126.

SCHEDULE 7Restricted Roads

Amendment of Road Traffic Regulation Act 1984 (c. 27)

1The Road Traffic Regulation Act 1984 shall be amended in accordance with this Schedule.

2In section 82(1) (restricted roads)—

(a)after the word " if " there shall be inserted " —(a) " ;

(b)for the word " street" there shall be substituted the word " carriageway " ;

(c)for the words " 200 yards " there shall be substituted the words " 185 metres " ; and

(d)at the end there shall be inserted the following words— “; and

(b)the road is of a classification or type specified for the purposes of this subsection in regulations made by the Secretary of State.”.

3In section 85 (traffic signs for indicating speed restrictions)—

(a)in subsection (4), for the word " street" there shall be substituted the word " carriageway ", and for the words " 200 yards " there shall be substituted the words " 185 metres " ;

(b)in subsection (5), for the word " street" there shall be substituted the word " carriageway " ; and

(c)after subsection (5) there shall be inserted the following subsection—

“(5A)In any proceedings for a contravention of section 81 of this Act, a certificate of an officer of the Secretary of State that a road is of a specified classification or type shall be sufficient evidence of the facts certified ; and a document purporting to be such a certificate and to be signed by such an officer shall be deemed to be such a certificate unless the contrary is shown.”.

4In section 134(2) (provisions as to regulations), after the word " sections " there shall be inserted the words " 82(1), " .

Transitional provision

5Where, immediately prior to the commencement of this Schedule—

(a)a road is or is deemed to be a restricted road for the purposes of section 81 of the [1984 c. 27.] Road Traffic Regulation Act 1984, and that road would, apart from this paragraph, cease to be a restricted road in consequence of the first regulations made by the Secretary of State under section 82(1) of that Act as amended by paragraph 2 above ; or

(b)a road is not and is not deemed to be a restricted road for those purposes and that road would, apart from this paragraph, become a restricted road in consequence of those regulations,

the roads authority may, prior to the commencement of the regulations, make an order specifying the road, and the road shall, notwithstanding the commencement of the regulations, continue to be, or to be deemed to be, a restricted road or as the case may be, a road which is not a restricted road until such time as the order is superseded, in relation to that road, by a direction under section 82(2) of that Act (directions making specified roads restricted or not restricted) or an order under section 84(1) of that Act (power to fix speed limits).