Road Traffic Act 1991 (c. 40)

(The document as of February, 2008)

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31 Experimental period for section 30

(1) Subject to the following provisions, no order shall be made under section 34A of the [1988 c. 53.] Road Traffic Offenders Act 1988 after the end of 1997 or such later time as may be specified in an order made by the Secretary of State.

(2) At any time before the restriction imposed by subsection (1) above has taken effect, the Secretary of State may by order provide that it shall not do so.

(3) In this section "the experimental period" means the period beginning when section 30 above comes into force and ending--

(a) when the restriction imposed by subsection (1) above takes effect, or

(b) if the Secretary of State makes an order under subsection (2) above, on a date specified in the order (being a date falling before the time when the restriction imposed by subsection (1) above would otherwise have taken effect).

(4) During the experimental period--

(a) no order shall be made under section 34A of the [1988 c. 52.] Road Traffic Offenders Act 1988 by virtue of a person's conviction under section 3A of the Road Traffic Act 1988, and

(b) no order shall be made under section 34A of the Road Traffic Offenders Act 1988 except by a magistrates' court acting for a petty sessions area (or in Scotland, a sheriff court for a district or a stipendiary magistrate for a commission area) which is for the time being designated for the purposes of this section.

(5) In relation to orders made under section 34A during the experimental period, that section shall have effect with the omission of subsection (6) and section 34B shall have effect as if references to the supervising court were references to the court which made the order.

(6) The power to designate an area or district for the purposes of this section shall be exercisable by the Secretary of State by order, and includes power to revoke any designation previously made.

(7) An order under subsection (6) above shall specify the period for which an area or district is designated, and may--

(a) specify different periods for different areas or districts, and

(b) extend or abridge any period previously specified.

(8) The power to make an order under subsection (1) above shall not be exercisable after the end of 1997, and no more than one order may be made under that subsection.

(9) Any power of the Secretary of State to make orders under this section shall be exercisable by statutory instrument, and--

(a) no order shall be made under subsection (1) or (2) above unless a draft of it has been laid before and approved by resolution of each House of Parliament, and

(b) any statutory instrument containing an order under subsection (6) above shall be subject to annulment in pursuance of a resolution of either House.

32 Disqualification until test is passed

For section 36 of the [1988 c. 53.] Road Traffic Offenders Act 1988 there shall be substituted--

" 36 Disqualification until test is passed

(1) Where this subsection applies to a person the court must order him to be disqualified until he passes the appropriate driving test.

(2) Subsection (1) above applies to a person who is disqualified under section 34 of this Act on conviction of--

(a) manslaughter, or in Scotland culpable homicide, by the driver of a motor vehicle, or

(b) an offence under section 1 (causing death by dangerous driving) or section 2 (dangerous driving) of the [1988 c. 52.] Road Traffic Act 1988.

(3) Subsection (1) above also applies--

(a) to a person who is disqualified under section 34 or 35 of this Act in such circumstances or for such period as the Secretary of State may by order prescribe, or

(b) to such other persons convicted of such offences involving obligatory endorsement as may be so prescribed.

(4) Where a person to whom subsection (1) above does not apply is convicted of an offence involving obligatory endorsement, the court may order him to be disqualified until he passes the appropriate driving test (whether or not he has previously passed any test).

(5) In this section--

"appropriate driving test" means--

(a) an extended driving test, where a person is convicted of an offence involving obligatory disqualification or is disqualified under section 35 of this Act,

(b) a test of competence to drive, other than an extended driving test, in any other case,

"extended driving test" means a test of competence to drive prescribed for the purposes of this section, and
"test of competence to drive" means a test prescribed by virtue of section 89(3) of the Road Traffic Act 1988.

(6) In determining whether to make an order under subsection (4) above, the court shall have regard to the safety of road users.

(7) Where a person is disqualified until he passes the extended driving test--

(a) any earlier order under this section shall cease to have effect, and

(b) a court shall not make a further order under this section while he is so disqualified.

(8) Subject to subsection (9) below, a disqualification by virtue of an order under this section shall be deemed to have expired on production to the Secretary of State of evidence, in such form as may be prescribed by regulations under section 105 of the [1988 c. 52.] Road Traffic Act 1988, that the person disqualified has passed the test in question since the order was made.

(9) A disqualification shall be deemed to have expired only in relation to vehicles of such classes as may be prescribed in relation to the test passed by regulations under that section.

(10) Where there is issued to a person a licence on the counterpart of which are endorsed particulars of a disqualification under this section, there shall also be endorsed the particulars of any test of competence to drive that he has passed since the order of disqualification was made.

(11) For the purposes of an order under this section, a person shall be treated as having passed a test of competence to drive other than an extended driving test if he passes a corresponding test conducted--

(a) under the law of Northern Ireland, the Isle of Man, any of the Channel Islands, another member State, Gibraltar or a designated country or territory (as defined by section 89(11) of the Road Traffic Act 1988), or

(b) for the purposes of obtaining a British Forces licence (as defined by section 88(8) of that Act);

and accordingly subsections (8) to (10) above shall apply in relation to such a test as they apply in relation to a test prescribed by virtue of section 89(3) of that Act.

(12) This section is subject to section 48 of this Act.

(13) The power to make an order under subsection (3) above shall be exercisable by statutory instrument; and no such order shall be made unless a draft of it has been laid before and approved by resolution of each House of Parliament.

(14) The Secretary of State shall not make an order under subsection (3) above after the end of 2001 if he has not previously made such an order. "

33 Short periods of disqualification

In section 37 of the [1988 c. 53.] Road Traffic Offenders Act 1988 (effect of order of disqualification) after subsection (1) there shall be inserted--

" (1A) Where--

(a) the disqualification is for a fixed period shorter than 56 days in respect of an offence involving obligatory endorsement, or

(b) the order is made under section 26 of this Act,

subsection (1) above shall not prevent the licence from again having effect at the end of the period of disqualification. "

34 Conditional offer of fixed penalty

For sections 75 to 77 of the [1988 c. 53.] Road Traffic Offenders Act 1988 (which relate to Scotland only) there shall be substituted--

" Conditional offer of fixed penalty

75 Issue of conditional offer

(1) Where in England and Wales--

(a) a constable has reason to believe that a fixed penalty offence has been committed, and

(b) no fixed penalty notice in respect of the offence has been given under section 54 of this Act or fixed to a vehicle under section 62 of this Act,

a notice under this section may be sent to the alleged offender by or on behalf of the chief officer of police.

(2) Where in Scotland a procurator fiscal receives a report that--

(a) an offence specified in Schedule 3 to this Act has been committed,

(b) an offence specified in Schedule 5 to this Act has been committed,

(c) an offence referred to in paragraph (a) or (b) above has been committed, being an offence of causing or permitting a vehicle to be used by another person in contravention of any provision made or any restriction or prohibition imposed by or under any enactment, or

(d) an offence of aiding, abetting, counselling, procuring or inciting the commission of an offence referred to in this subsection, has been committed,

he may send a notice under this section to the alleged offender.

(3) Where in Scotland, a constable--

(a) on any occasion has reason to believe that a person he finds is committing or has on that occasion committed a fixed penalty offence, he may hand to that person,

(b) in any case has reason to believe that a fixed penalty offence has been committed, he or another person authorised in that respect by the chief constable may send to the alleged offender,

a notice under this section.

(4) Subsections (2) and (3) above shall not apply where a fixed penalty notice has been fixed to a vehicle under section 62 of this Act.

(5) A notice under this section is referred to in this section and sections 76 and 77 as a "conditional offer".

(6) Where a person issues a conditional offer, he must notify the justices' clerk, or in Scotland clerk of court, specified in it of its issue and its terms; and that clerk is referred to in this section and sections 76 and 77 as "the fixed penalty clerk".

(7) A conditional offer must--

(a) give such particulars of the circumstances alleged to constitute the offence to which it relates as are necessary for giving reasonable information about the alleged offence,

(b) state the amount of the fixed penalty for that offence, and

(c) state that proceedings against the alleged offender cannot be commenced in respect of that offence until the end of the period of twenty-eight days following the date on which the conditional offer was issued or such longer period as may be specified in the conditional offer.

(8) A conditional offer must indicate that if the following conditions are fulfilled, that is--

(a) within the period of twenty-eight days following the date on which the offer was issued, or such longer period as may be specified in the offer, the alleged offender--

(i) makes payment of the fixed penalty to the fixed penalty clerk, and

(ii) where the offence to which the offer relates is an offence involving obligatory endorsement, at the same time delivers his licence and its counterpart to that clerk, and

(b) where his licence and its counterpart are so delivered, that clerk is satisfied on inspecting them that, if the alleged offender were convicted of the offence, he would not be liable to be disqualified under section 35 of this Act,

any liability to conviction of the offence shall be discharged.

(9) For the purposes of the condition set out in subsection (8)(b) above, it shall be assumed, in the case of an offence in relation to which a range of numbers is shown in the last column of Part I of Schedule 2 to this Act, that the number of penalty points to be attributed to the offence would be the lowest in the range.

(10) The Secretary of State may by order provide for offences to become or (as the case may be) to cease to be offences in respect of which a conditional offer may be sent under subsection (2)(b) above, and may make such modifications of the provisions of this Part of this Act as appear to him to be necessary for the purpose.

(11) An offence committed by aiding, abetting, counselling, procuring or inciting the commission of an offence which is an offence involving obligatory endorsement is itself an offence involving obligatory endorsement for the purposes of the application of this Part of this Act in Scotland.

(12) In relation to licences which came into force before 1st June 1990, the references in subsection (8) above to the counterpart of a licence shall be disregarded.

76 Effect of offer and payment of penalty

(1) This section applies where a conditional offer has been sent to a person under section 75 of this Act.

(2) No proceedings shall be brought against any person for the offence to which the conditional offer relates until--

(a) in England and Wales, the chief officer of police, or

(b) in Scotland, the procurator fiscal or (where the conditional offer was issued under section 75(3) of this Act) the chief constable,

receives notice in accordance with subsection (4) or (5) below.

(3) Where the alleged offender makes payment of the fixed penalty in accordance with the conditional offer, no proceedings shall be brought against him for the offence to which the offer relates.

(4) Where--

(a) the alleged offender tenders payment in accordance with the conditional offer and delivers his licence and its counterpart to the fixed penalty clerk, but

(b) it appears to the clerk, on inspecting the licence and counterpart, that the alleged offender would be liable to be disqualified under section 35 of this Act if he were convicted of the offence to which the conditional offer relates,

then subsection (3) above shall not apply and the clerk must return the licence and its counterpart to the alleged offender together with the payment and give notice that he has done so to the person referred to in subsection (2)(a) or (b) above.

(5) Where, on the expiry of the period of twenty-eight days following the date on which the conditional offer was made or such longer period as may be specified in the offer, the conditions specified in the offer in accordance with section 75(8)(a) of this Act have not been fulfilled, the fixed penalty clerk must notify the person referred to in subsection (2)(a) or (b) above.

(6) In determining for the purposes of subsection (4)(b) above whether a person convicted of an offence would be liable to disqualification under section 35, it shall be assumed, in the case of an offence in relation to which a range of numbers is shown in the last column of Part I of Schedule 2 to this Act, that the number of penalty points to be attributed to the offence would be the lowest in the range.

(7) In any proceedings a certificate that by a date specified in the certificate payment of a fixed penalty was or was not received by the fixed penalty clerk shall, if the certificate purports to be signed by that clerk, be evidence, or in Scotland sufficient evidence, of the facts stated.

(8) In relation to licences which came into force before 1st June 1990, the references in subsection (4) above to the counterpart of a licence shall be disregarded.

(9) In Scotland, the Secretary of State may by regulations vary the provisions of subsection (2)(b) above.

77 Endorsement where penalty paid

(1) Where--

(a) in pursuance of a conditional offer a person (referred to in this section as the "licence holder") makes payment of the fixed penalty to the fixed penalty clerk and delivers his licence and its counterpart to the clerk, and

(b) the clerk is not required by subsection (4) of section 76 of this Act to return the licence and its counterpart to him and did not, before the payment was tendered, notify the person referred to in section 76(2)(a) or (b) of this Act under subsection (5) of that section,

the clerk must forthwith endorse the relevant particulars on the counterpart of the licence and return it to the licence holder together with the licence.

(2) Where it appears to a fixed penalty clerk in Scotland that there is an error in an endorsement made by virtue of this section on the counterpart of a licence he may amend the endorsement so as to correct the error; and the amended endorsement shall have effect and shall be treated for all purposes as if it had been correctly made on receipt of the fixed penalty.

(3) Subject to subsection (4) below, where a cheque tendered in payment is subsequently dishonoured--

(a) any endorsement made by a clerk under subsection (1) above remains effective, notwithstanding that the licence holder is still liable to prosecution in respect of the alleged offence to which the endorsement relates, and

(b) the clerk must, upon the expiry of the period specified in the conditional offer or, if the period has expired, forthwith notify the person referred to in section 76(2)(a) or (b) of this Act that no payment has been made.

(4) When proceedings are brought against a licence holder after a notice has been given in pursuance of subsection (3)(b) above, the court--

(a) must order the removal of the fixed penalty endorsement from the counterpart of the licence, and

(b) may, on finding the licence holder guilty, make any competent order of endorsement or disqualification and pass any competent sentence.

(5) The reference in subsection (1) above to the relevant particulars is to--

(a) particulars of the offence, including the date when it was committed, and

(b) the number of penalty points to be attributed to the offence.

(6) The fixed penalty clerk must send notice to the Secretary of State--

(a) of any endorsement under subsection (1) above and of the particulars endorsed,

(b) of any amendment under subsection (2) above, and

(7) Where the counterpart of a person's licence is endorsed under this section he shall be treated for the purposes of sections 13(4), 28, 29 and 45 of this Act and of the [1974 c. 53.] Rehabilitation of Offenders Act 1974 as if--

(a) he had been convicted of the offence,

(b) the endorsement had been made in pursuance of an order made on his conviction by a court under section 44 of this Act, and

(c) the particulars of the offence endorsed by virtue of subsection (5)(a) above were particulars of his conviction of that offence.

(8) In relation to any endorsement of the counterpart of a person's licence under this section--

(a) the reference in section 45(4) of this Act to the order for endorsement, and

(b) the references in section 13(4) of this Act to any order made on a person's conviction,

are to be read as references to the endorsement itself.

(9) In relation to licences which came into force before 1st June 1990, the references in this section to the counterpart of a licence shall be disregarded or, as the case may require, construed as references to the licence itself. "

Miscellaneous

35 Disabled persons' badges

(1) Section 21 of the [1970 c. 44.] Chronically Sick and Disabled Persons Act 1970 (badges for display on motor vehicles used by disabled persons) shall be amended in accordance with subsections (2) to (5) below.

(2) For subsections (2) and (3) there shall be substituted--

" (2) A badge may be issued to a disabled person of any prescribed description resident in the area of the issuing authority for one or more vehicles driven by him or used by him as a passenger. "

(3) In subsection (4), the words "and any badge" onwards shall be omitted.

(4) After subsection (4) there shall be inserted--

" (4A) A badge issued under this section may be displayed only in such circumstances and in such manner as may be prescribed.

(4B) A person who drives a motor vehicle on a road (within the meaning of the [1988 c. 52.] Road Traffic Act 1988) at a time when a badge of a form prescribed under this section is displayed on the vehicle is guilty of an offence unless the badge is issued under this section and displayed in accordance with regulations made under it.

(4C) A person guilty of an offence under subsection (4B) above shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale. "

(5) In subsection (5), the words "and in the case" onwards shall be omitted.

(6) In section 117 of the [1984 c. 27.] Road Traffic Regulation Act 1984 (wrongful use of disabled person's badge) for subsections (1) and (2) there shall be substituted--

" (1) A person who at any time acts in contravention of, or fails to comply with, any provision of an order under this Act relating to the parking of motor vehicles is also guilty of an offence under this section if at that time--

(a) there was displayed on the motor vehicle in question a badge of a form prescribed under section 21 of the Chronically Sick and Disabled Persons Act 1970, and

(b) he was using the vehicle in circumstances where a disabled person's concession would be available to a disabled person's vehicle,

but he shall not be guilty of an offence under this section if the badge was issued under that section and displayed in accordance with regulations made under it. "

36 Forfeiture of vehicles

In section 43 of the [1973 c. 62.] Powers of Criminal Courts Act 1973 (power to deprive offender of property used, or intended for use, for purposes of crime) after subsection (1A) there shall be inserted--

" (1B) Where a person commits an offence to which this subsection applies by--

(a) driving, attempting to drive, or being in charge of a vehicle, or

(b) failing to comply with a requirement made under section 7 of the [1988 c. 52.] Road Traffic Act 1988 (failure to provide specimen for analysis or laboratory test) in the course of an investigation into whether the offender had committed an offence while driving, attempting to drive or being in charge of a vehicle, or

(c) failing, as the driver of a vehicle, to comply with subsection (2) or (3) of section 170 of the Road Traffic Act 1988 (duty to stop and give information or report accident),

the vehicle shall be regarded for the purposes of subsection (1)(a) above (and subsection (4)(b) below) as used for the purpose of committing the offence (and for the purpose of committing any offence of aiding, abetting, counselling or procuring the commission of the offence).

(1C) Subsection (1B) above applies to--

(a) an offence under the Road Traffic Act 1988 which is punishable with imprisonment,

(b) an offence of manslaughter, and

(c) an offence under section 35 of the Offences against the [1861 c. 100.] Person Act 1861 (wanton and furious driving). "

37 Forfeiture of vehicles: Scotland

(1) In each of sections 223 and 436 of the [1975 c. 21.] Criminal Procedure (Scotland) Act 1975 (forfeiture of property) after subsection (1) there shall be inserted--

" (1A) Where a person commits an offence to which this subsection applies by--

(a) driving, attempting to drive, or being in charge of a vehicle, or

(b) failing to comply with a requirement made under section 7 of the Road Traffic Act 1988 (failure to provide specimen for analysis or laboratory test) in the course of an investigation into whether the offender had committed an offence while driving, attempting to drive or being in charge of a vehicle, or

(c) failing, as the driver of a vehicle, to comply with subsections (2) or (3) of section 170 of the Road Traffic Act 1988 (duty to stop and give information or report accident),

the vehicle shall be regarded for the purposes of subsection (1)(a) above as used for the purpose of committing the offence. "

(2) In section 223 of that Act after subsection (1A) there shall be inserted--

" (1B) Subsection (1A) above applies to--

(a) an offence under the Road Traffic Act 1988 which is punishable with imprisonment,

(b) an offence of culpable homicide. "

(3) In section 436 of that Act after subsection (1A) there shall be inserted--

" (1B) Subsection (1A) above applies to an offence under the [1988 c. 52.] Road Traffic Act 1988 which is punishable with imprisonment. "

38 Disqualification where vehicle used for assault

(1) Section 44 of the [1973 c. 62.] Powers of Criminal Courts Act 1973 (disqualification by Crown Court where vehicle used for purposes of crime) shall be amended as follows.

(2) After subsection (1) there shall be inserted--

" (1A) This section also applies where a person is convicted by or before any court of common assault or of any other offence involving an assault (including an offence of aiding, abetting, counselling or procuring, or inciting to the commission of, an offence). "

(3) In subsection (2) after the words "this section applies" there shall be inserted the words "by virtue of subsection (1) above".

(4) After subsection (2) there shall be inserted--

" (2A) If in a case to which this section applies by virtue of subsection (1A) above the court is satisfied that the assault was committed by driving a motor vehicle, the court may order the person convicted to be disqualified, for such period as the court thinks fit, for holding or obtaining such a licence. "

39 Disqualification in Scotland where vehicle used to commit offence

After each of sections 223 and 436 of the [1975 c. 21.] Criminal Procedure (Scotland) Act 1975 there shall be added sections numbered 223A and 436A in the following terms--

" . Disqualifica-tion in Scotland where vehicle used to commit offence

(1) Where a person is convicted of an offence (other than one triable only summarily) and the court which passes sentence is satisfied that a motor vehicle was used for the purpose of committing, or facilitating the commission of that offence, the court may order him to be disqualified for such period as the court thinks fit from holding or obtaining a licence to drive a motor vehicle granted under Part III of the Road Traffic Act 1988.

(2) A court which makes an order under this section disqualifying a person from holding or obtaining a licence shall require him to produce any such licence held by him and its counterpart.

(3) Any reference in this section to facilitating the commission of an offence shall include a reference to the taking of any steps after it has been committed for the purpose of disposing of any property to which it relates or of avoiding apprehension or detection.

(4) In relation to licences which came into force before 1st June 1990, the reference in subsection (2) above to the counterpart of a licence shall be disregarded. "

40 Power to install equipment for detection of traffic offences

(1) In Part V of the [1980 c. 66.] Highways Act 1980 immediately before section 96 there shall be inserted--

" 95A Power to install equipment for detection of traffic offences

A highway authority may install and maintain on or near a highway structures and equipment for the detection of traffic offences. "

(2) In Part IV of the [1984 c. 54.] Roads (Scotland) Act 1984 after section 49 there shall be inserted--

" Equipment for detection of traffic offences

49A Power to install equipment for detection of traffic offences

A roads authority may install and maintain on or near a road structures and equipment for the detection of traffic offences. "

41 Variation of charges at off-street parking places

After section 35B of the [1984 c. 27.] Road Traffic Regulation Act 1984 there shall be inserted--

" 35C Variation of charges at off-street parking places

(1) Where an order under section 35(1)(iii) of this Act makes provision as to the charges to be paid in connection with the use of off-street parking places, the authority making that order may vary those charges by notice given under this section.

(2) The variation of any such charges by notice is not to be taken to prejudice any power to vary those charges by order under section 35 of this Act.

(3) The Secretary of State may by regulations make provision as to the procedure to be followed by any local authority giving notice under this section.

(4) The regulations may, in particular, make provision with respect to--

(a) the publication, where an authority propose to give notice, of details of their proposal;

(b) the form and manner in which notice is to be given; and

(5) In giving any notice under this section a local authority shall comply with the regulations. "

42 Variation of charges at designated parking places

After section 46 of the Road Traffic Regulation Act 1984 (which deals with charges at, and regulation of, parking places) there shall be inserted--

" 46A Variation of charges at designated parking places

(1) Where, by virtue of section 46 of this Act, any charges have been prescribed by a designation order or by an order under that section, the authority making that order may vary those charges by notice given under this section.

(2) The variation of any such charges by notice is not to be taken to prejudice any power to vary those charges by order under section 46 of this Act.

(3) The Secretary of State may by regulations make provision as to the procedure to be followed by any local authority giving notice under this section.

(4) The regulations may, in particular, make provision with respect to--

(a) the publication, where an authority propose to give notice, of details of their proposal;

(b) the form and manner in which notice is to be given; and

(5) In giving any notice under this section a local authority shall comply with the regulations. "

43 Permitted and special parking areas outside London

(1) Schedule 3 shall have effect for the purpose of making provision with respect to areas outside London corresponding to that made with respect to London, and areas within London, under sections 63 to 79 of this Act.

(2) In this section "London" has the same meaning as it has in Part II of this Act.

44 Parking attendants

(1) After section 63 of the [1984 c. 27.] Road Traffic Regulation Act 1984, there shall be inserted--

" Parking attendants

63A Parking attendants

(1) A local authority may provide for the supervision of parking places within their area by individuals to be known as parking attendants.

(2) Parking attendants shall also have such other functions in relation to stationary vehicles as may be conferred by or under any other enactment.

(3) A parking attendant shall be--

(a) an individual employed by the authority; or

(b) where the authority have made arrangements with any person for the purposes of this section, an individual employed by that person to act as a parking attendant.

(4) Parking attendants in Greater London shall wear such uniform as the Secretary of State may determine when exercising prescribed functions, and shall not exercise any of those functions when not in uniform.

(5) In this section "local authority" and "parking place" have the meanings given by section 32(4) of this Act. "

(2) In section 35 of that Act (provisions as to use of parking places provided under section 32 or 33), subsection (9) shall be omitted.

45 Variable speed limits

(1) Section 84 of the Road Traffic Regulation Act 1984 (speed limits on roads other than restricted roads), shall be amended as follows.

(2) For subsection (1) there shall be substituted--

" (1) An order made under this subsection as respects any road may prohibit--

(a) the driving of motor vehicles on that road at a speed exceeding that specified in the order,

(b) the driving of motor vehicles on that road at a speed exceeding that specified in the order during periods specified in the order, or

(c) the driving of motor vehicles on that road at a speed exceeding the speed for the time being indicated by traffic signs in accordance with the order.

(1A) An order made by virtue of subsection (1)(c) above may--

(a) make provision restricting the speeds that may be indicated by traffic signs or the periods during which the indications may be given, and

(b) provide for the indications to be given only in such circumstances as may be determined by or under the order;

but any such order must comply with regulations made under subsection (1B) below, except where the Secretary of State authorises otherwise in a particular case.

(1B) The Secretary of State may make regulations governing the provision which may be made by orders of local authorities under subsection (1)(c) above, and any such regulations may in particular--

(a) prescribe the circumstances in which speed limits may have effect by virtue of an order,

(b) prescribe the speed limits which may be specified in an order, and

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