Baroness Wolf of Dulwich – 2016 Parliamentary Question to the Department for Transport
The below Parliamentary question was asked by Baroness Wolf of Dulwich on 2015-12-22.
To ask Her Majesty’s Government, further to the Written Answer by Lord Ahmad of Wimbledon on 14 December (HL4061), what checks are in place to ensure that Regulation 6 of the Local Authorities’ Traffic Orders (Procedure) (England and Wales) Regulations 1996 is complied with; who is entitled to complain if that Regulation is not complied with, and to whom; and what penalties are incurred by local authorities or London boroughs for failing to comply with that regulation.
Lord Ahmad of Wimbledon
There are no checks in place to ensure that local authorities comply with the Local Authorities’ Traffic Orders (Procedure) (England and Wales) Regulations 1996, including the duty concerning consultation. Anyone can complain if they consider that the authority has failed to comply with their duty. Complaints should initially be raised with the authority concerned, and if they are not satisfactorily addressed, they can be raised with the Local Government Ombudsman. Alternatively, failure to comply with the consultation requirements in regulation 6 would be grounds for bringing a legal challenge against an order under paragraph 35 of Schedule 9 to the Road Traffic Regulation Act 1984.
