TRO Appendix 2_ Traffic Regulation Orders Procedures -Version 3.1
Argyll and Bute Council · 18 December 2025
Back to Environment, Development and Infrastructure Committee — 18 December 2025 and its agenda
Text extracted from the council's PDF. Layout and reading order may differ from the original.
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Traffic Regulation Orders Procedural Document Version Control Number Effective Date Amendment Version 1.0 16/3/18 Initial version to be used as baseline for future changes as required Version 3.0 June 2020 Following the Traffic Regulation Order Process Review amendments have been made including: referring to CDO for additional consultees at Consultation 2; adding paragraphs re TROs for on & off street parking and speed limits; TRO forms have been updated; a number of changes to job titles and service names. Version 3.1 20 July 2021 No further changes made post review. Version Control Number Review Date V3.0 20 July 2021 V3.1 20 July 2022
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Version 3.0 April 2020 1 Contents 1. Introduction 2. Overview of Traffic Regualtion Orders 3. Types of Traffic Order 4. Temporary Restriction by Traffic Notice 5. Temporary Restriction by Emergency Notice 6. Temporary Traffic Regulation Order (TTRO) 7. Temporary Order Made Under the Roads (Scotland) Act 1984 8. Traffic Regulation Order (TRO) 9. Experimental Traffic Orders 10. Stopping Up and Redetermination of Means of Exercise of Public Right of Passage 11. Disabled Persons Parking Places 12. Authority to Make Traffic Regulation Orders 13. Roles and Responsibilities in relation to TROs 14. Timescales 15. Appendix 1 - Procedure for Temporary Restriction by Traffic Notices 16. Appendix 2 - Procedure for the promotion of Temporary Traffic Regulation Orders (TTROs) 17. Appendix 3 - Procedure for the promotion of Permanent Traffic Regulation Orders (TROs) 18. Appendix 4 - Stopping Up and Redetermination of Means of Exercise of Public Right of Passage 19. Appendix 5 - TRO Forms
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Version 3.0 April 2020 2 1. Introduction 1.1. This document sets out the procedures for the promotion of Traffic Regulation Orders. It encompasses the complete process from initial investigation, consultation, preparation of report and draft Order, to the making and implementation of the made Order. Please use in conjunction with the relevant internal checklists, forms and templates. 1.2. It is, however, only a procedural document and reference will require to be made to the Road Traffic Regulation Act 1984 (RTRA), The Local Authorities’ Traffic Orders (Procedures) (Scotland) Regulations 1999 (R1999), The Road Traffic (Temporary Restrictions) Procedure Regulations 1992 (R1992), The Disabled Persons’ Parking Places (Scotland) Act 2009 (DPPPSA ), the Roads (Scotland) Act 1984, (RSA) The Stopping Up of Roads and Private Accesses and the Redetermination of Public Rights of Passage (Procedure) (Scotland) Regulations 1986 (R1986) where appropriate, and all the other relevant Acts and guidance notes. 1.3. Reference will also require to be made to the terms of the Argyll and Bute Council Constitution Part C: Scheme of Administration and Delegations which sets out the delegated authority given to Area Committees and the delegated authority given to Council Officers in respect of the making of Traffic Regulation Orders. NB the Scheme of Delegation is subject to change periodically. Please contact Legal & Regulatory Support for further information.
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Version 3.0 April 2020 3 Initial Proposal Received and Assessed Temporary Restriction by Traffic Notice Type of Order Required Service Officer prepares Traffic Notice and recharge forms Permanent Traffic Regulation Order (TRO) Traffic Notice forwarded to T.O to arrange display on site and to circulate information round parties on the Consultation 1 list T.O. forwards information of what is required to Service Officer Service Officer to processes recharge form T.O undertakes Consultation 1 and resolves any matters raised Service Officer prepares draft Order, Statement of Reasons, CAD Plan and Public Notices Service Officer to obtain approval to move on to the Public Notification stage from AN&S Manager T.O. undertakes initial development work and forwards proposal to AN&S Manager for approval to proceed T.O. forwards detailed information and plans to Service Officer Service Officer will liaise with CDO to agree consultees and thereafter undertake Statutory Consultation (21 days) Service Officer undertakes Public Notification (21 days) Flow Chart1: Basic TRO Process – please refer to appendices for more detail on each stage AN&S Manager to try and resolve any objections raised during Public Notification Area Committee considers all objections made in accordance with Reg 7 of R1999 and not withdrawn Order Signed and Sealed by Legal & Regulatory Support Members determine that they wish to proceed with the making of the order which is subject to the requirement for a Mandatory Hearing or Members determine that a Discretionary Hearing should be held prior to the matter being determined Pause to allow procedural objections (6 weeks) Restriction is implemented Hearing before an Independent Reporter arranged Proposal Abandoned Members determine that order should be made without the requirement for a discretionary hearing T.O. issues TTRO application form to applicant for completion with site visit if required T.O. checks completed application form and confirms recharge arrangements and accommodation measures in writing T.O. undertakes Consultation No 1 T.O. forwards completed forms and checklist to Service Officer and AN&S Manager Service Officer prepares Order, sends to Legal & Regulatory Support for signing and arranges Public Notices, press advertising and information on website Public Notice forwarded to T.O to arrange display on site Service Officer to process recharge form Order Signed and Sealed by Legal & Regulatory Support Temporary Traffic Regulation Order (TTRO) Where Mandatory Hearing is required and members determine that order is to be made at variance with Reporter’s recommendations Members accept recommendation for approval and determine order should be made Members determine to amend or not to make the order. Proposal Abandoned Procedure followed in accordance with R1999 to make the order Members accept the recommendation for refusal Members consider the report and recommendations of the Reporter Objections Received No Objections or objections resolved and withdrawn
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Version 3.0 April 2020 4 2. Overview of Traffic Regulation Orders 2.1. With specific reference to the promotion of Traffic Regulation Orders Section 1 of the RTRA permits the Local Road Authority and the Scottish Government (with respect to Trunk Roads) to make Traffic Regulation Orders with respect to any road (including private roads) in order to: a) avoid danger to persons or any other traffic using the road or any other road or for preventing the likelihood of any such danger arising; b) prevent damage to the road or any building on or near the road; c) facilitate the passage of vehicular or pedestrian traffic on the road or any other road; d) prevent the use of the road by vehicular traffic of a kind which, or its use by vehicular traffic in a manner which, is unsuitable having regard to the existing character of the road or adjoining property; e) preserve the character of the road in a case where it is specially suitable for use by persons on horseback or on foot; f) preserve or improve the amenities of the area through which the road runs. g) for any of the purposes specified in paragraphs (a) to (c) of subsection (1) of section 87 of the Environment Act 1995 (air quality). 2.2. Traffic Regulation Orders may make provision restricting or regulating the use of a road or any part of the width thereof by vehicular traffic or by such traffic of any class specified in the Order at all times or at any times on days or during periods specified. 2.3. An Order may: a) require vehicular traffic, or vehicular traffic of any class specified in the order, to proceed in a specified direction or prohibit it so proceeding; b) specify the part of the carriageway to be used by such traffic proceeding in a specified direction; c) prohibit or restrict the waiting of vehicles or the loading and unloading of vehicles; d) prohibit the use of the road by through traffic; e) prohibit or restrict overtaking 2.4. A Traffic Regulation Order shall not be made with respect to any road which would have the effect of preventing access for pedestrians, or of preventing access for vehicles as specified in Section 3 of the RTRA. 3. Types of Traffic Order 3.1. There are a number of different types of Traffic Orders commonly made: a) Temporary Restriction by Traffic Notice b) Temporary Restriction by Emergency Notice c) Temporary Traffic Regulation Order (TTRO) d) Temporary Order Made Under the Roads (Scotland) Act 1984 e) Traffic Regulation Order (TRO) f) Experimental Traffic Order g) Stopping Up and Redetermination of Means of Exercise of Public Right of Passage h) Disabled Person’ Parking Places 3.2. A summary of each Traffic Order is provided in Paragraphs 4 – 11 of this document.
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Version 3.0 April 2020 5 3.3. Please refer to the relevant section of the governing legislation for full detailed information and to resolve any queries that may arise. 3.4. The Argyll and Bute Council internal procedures to be followed are detailed in the relevant appendices. 4. Temporary Restriction by Traffic Notice (Issued under Section 14 (2) of RTRA also referred to as a 5 day notice) 4.1 Section 14(2) of the RTRA permits the Local Roads Authority to, by notice, impose temporary restrictions or prohibitions the use of a road, or any part of it, by vehicles, classes of vehicles or pedestrians. This may be done where it appears to them that the restriction or prohibition should come into force without delay because it is; a) necessary or expedient for works being or proposed to be executed on the road; b) necessary of expedient for the purpose of litter clearing and cleaning in terms of the duty imposed by section 89(1)(a) or (2) of the Environmental Protection Act 1990. 4.2 The authority must have regard to the existence of alternative routes suitable for the traffic affected by the notice. 4.3 The notice must not have the effect of preventing at any time access for pedestrians to any premises situated on or adjacent to the affected road or to any other premises accessible for pedestrians from, and only from, the road 4.4 The notice shall not continue in force for more than 5 days from the date of the notice. 4.5 Procedure for the issue of this notice is found in Appendix 1. 5. Temporary Restriction by Emergency Notice (issued under Section 14(2) of the RTRA) 5.1 Section 14(2) of the RTRA permits the Local Roads Authority to, by notice, impose temporary restrictions or prohibitions on the use of a road, or any part of it, by vehicles, classes of vehicles or pedestrians. This may be done where it appears to them that the restriction or prohibition should come into force without delay because it is necessary because of the likelihood of danger to the public, or serious damage to the road, which is not attributable to works being or proposed to be executed on the road. 5.2 This form of notice can remain in force for a period up to twenty-one days. 5.3 The authority must have regard to the existence of alternative routes suitable for the traffic affected by the notice. 5.4 The notice must not have the effect of preventing at any time access for pedestrians to any premises situated on or adjacent to the affected road or to any other premises accessible for pedestrians from, and only from, the road.
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Version 3.0 April 2020 6 5.5 This notice can be renewed by one (but not more than one) further notice under s14(2)(b) of the RTRA (not more than 42 days continuous closure). 5.6 Procedure for the issue of this notice is found in Appendix 1. 6. Temporary Traffic Regulation Order (TTRO) 6.1 Section 14(1) of the RTRA permits the Local Roads Authority to impose temporary restrictions by Order if it is satisfied that traffic on a road should be restricted or prohibited: a) because works are being or are proposed to be executed on the road; or b) because of the likelihood of danger to the public, or of serious damage to the road, which is not attributable to such works; or c) for the purpose of litter clearing and cleaning. Note: This process should not be used for processions, please refer to the Assistant Network & Standards Manager (T&D) for further guidance relating to processions. 6.2 The order may restrict or prohibit temporarily the use of that road, or any part of it, by vehicles, classes of vehicles or pedestrians to such extent and subject to such conditions or exceptions as the Local Roads Authority consider necessary. 6.3 When considering the making of an order an authority requires to have regard to the existence of alternative routes suitable for the traffic which will be affected by the order or notice. 6.4 The notice must not have the effect of preventing at any time access for pedestrians to any premises situated on or adjacent to the affected road or to any other premises accessible for pedestrians from, and only from, the road. 6.5 The Order can remain in force for up to eighteen months, or six months if it is in respect of a footpath, bridleway, cycle path or byway open to all traffic, from the date it comes into force. 6.6 The time-limit of eighteen months does not apply to an order made for the reason that works are being or are proposed to be executed on the road if the authority making it are satisfied, and it is stated in the order that they are satisfied, that the execution of the works in question will take longer; but in any such case the authority shall revoke the order as soon as the works are completed. 6.7 Scottish Ministers may, at the request of the Local Roads Authority, direct that an order which is in force for a period not exceeding eighteen months will remain in force for a further period not exceeding 6 months. Minsters must be satisfied that that the authority is proposing to make a permanent order mirroring the temporary provisions but, due to the procedure for making the permanent order the authority will not be able to make it before the temporary order expires. 6.8 Section16A of the RTRA provides that if the traffic authority for a road are satisfied that traffic on the road should be restricted or prohibited for the purpose of:
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Version 3.0 April 2020 7 a) facilitating the holding of a relevant event, b) enabling members of the public to watch a relevant event, or c) reducing the disruption to traffic likely to be caused by a relevant event, the authority may by order restrict or prohibit temporarily the use of that road, or any part of it, by vehicles or vehicles of any class or by pedestrians, to such extent and subject to such conditions or exceptions as they may consider necessary or expedient. A ‘relevant event’ means “any sporting event, social event or entertainment which is held on a road. Note: This process should not be used for processions, please refer to the Assistant Network & Standards Manager (T&D) for further guidance relating to processions. 6.9 Before making an order under s16A the authority requires to satisfy itself that it is not reasonably practicable for the event to be held otherwise than on a road. 6.10 When considering the making of an order under this section, an authority requires to have regard to the safety and convenience of alternative routes suitable for the traffic which will be affected by the order. 6.11 No order under s16A shall be made which would have the effect of preventing at any time access for pedestrians to any premises situated on or adjacent to the road, or to any other premises accessible for pedestrians from, and only from, the road. 6.12 Organisers should allow a minimum of 12 weeks’ Notice from submission of a written application with full supporting information, to allow full consultation to take place with other interested parties, advertising and notification, before an Order is to come into effect. Exceptions will be considered on a case by case basis. 6.13 Closures cannot last more than 3 days unless the Scottish Ministers, in accordance with powers under s16B of the RTRA, at the request of the Local Roads Authority, direct that the order shall continue in force. 6.14 Where an order has been made under s16A in respect of a length of road in any calendar year, no further order may be made under that section, in that year, so as prohibiting or restricting traffic on that length of road, or suspend any statutory provision applying to traffic on that length of road, unless the further order is made by the Scottish Ministers or is made with their consent. Note: There is no right of objection contained within The Road Traffic (Temporary Restrictions) Procedures Regulation 1992 to the introduction of Temporary Orders. This does not, however, preclude the possibility of an interim interdict being served on the Council. Procedure for the promotion of TTROs is found in Appendix 2 7. Temporary Order Made Under the Roads (Scotland) Act 1984 7.1 Section 62 of the RSA provides that where as regards any road an order under neither Section 14 nor s16 of the RTRA can be made but the roads authority considers that
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Version 3.0 April 2020 8 considerations of public safety or convenience require, or makes it desirable that there should be, a temporary restriction on, or temporary prohibition of, traffic or foot passage on the road, the Local Roads Authority may make an Order imposing, such restrictions or prohibitions and, where practicable, specifying an alternative route or routes, under Section 62 of the Roads (Scotland) Act 1984. Note: This process should not be used for processions, please refer to the Assistant Network & Standards Manager (T&D) for further guidance relating to processions. 7.2 An order under s62 of the RSA cannot have the effect of preventing at any time access for foot passengers to any premises situated on or adjacent to the road or to any other premises accessible for foot passengers only from the road. 7.3 The order may relate to vehicles, or persons, in general or to a class thereof; and may be subject to such conditions or exceptions as are considered necessary by the roads authority. 7.4 “Temporary” is defined in s62 of the RSA as meaning for a period not exceeding seven days. This type of Temporary Order can only remain in force for a period not exceeding seven days. 7.5 Notice of an order under s62 of the RSA requires to be given by the roads authority by advertisement in a newspaper circulating in the area to which the order relates; the order will not come into effect before the date of the advertisement. 7.6 The Order is sent to Legal & Regulatory Support to be signed and sealed. 7.7 Any large off road public event, e.g., street fairs, parties, etc., should be promoted under the terms of the RSA. 8. Traffic Regulation Order (TRO) 8.1 Local traffic authorities are empowered by s1 of the RTRA to make Traffic Regulation Orders. Such orders may be made to address matters of roads safety, amenity or damage prevention. S2 of the RTRA sets out a range of measures that may be included in an order. Essentially, an order may provide for the prohibition, restriction, or regulation of the use of a road, or any part of the width of the road, by vehicular traffic or classes of vehicular traffic. The prohibitions, restrictions or regulations may be imposed generally or subject to exceptions. S2 sets out specific measures that may be included in an order as follows; a) requiring vehicular traffic, or vehicular traffic of any class specified in the order, to proceed in a specified direction or prohibiting it so proceeding; b) specifying the part of the carriageway to be used by such traffic proceeding in a specified direction; c) prohibiting or restricting the waiting of vehicles or the loading and unloading of vehicles; d) prohibiting the use of roads by through traffic; or e) prohibiting or restricting overtaking.
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Version 3.0 April 2020 9 8.2 A traffic regulation order may also contain provisions prohibiting, restricting or regulating the use of a road, or of any part of the width of a road, by, or by any specified class of, pedestrians either generally or subject to exceptions specified in the order, and either at all times or at times, on days or during periods so specified. It may also contain provisions specifying through routes for heavy commercial vehicles, or prohibiting or restricting the use of heavy commercial vehicles (except in such cases, if any, as may be specified in the order) in such zones or on such roads as may be specified, as the local roads authority consider expedient for preserving or improving the amenities of their area or of some part or parts of their area. 8.3 S3 of the RTRA provides that a Local Roads Authority may not make an order that would have the effect of preventing at any time access for pedestrians, or of preventing for more than 8 hours in any period of 24 hours access for vehicles of any class, to any premises situated on or adjacent to the road, or to any other premises accessible for pedestrians, or (as the case may be) for vehicles of that class, from, and only from, the road. So far as the restriction under s3 relates to vehicles, it will not have effect in so far as the authority making the order are satisfied, and it is stated in the order, that they are satisfied, that— a) for avoiding danger to persons or other traffic using the road to which the order relates or any other road, or b) for preventing the likelihood of any such danger arising, or c) for preventing damage to the road or buildings on or near it, or d) for facilitating the passage of vehicular traffic on the road, or e) for preserving or improving the amenities of an area by prohibiting or restricting the use on a road or roads in that area of heavy commercial vehicles, it is requisite that the restriction should not apply to the order. The provisions of Schedule 9, Part II, Paragraph 13 of the RTRA will apply to the making of such an order. 8.4 A traffic regulation order made under s1 of the RTRA may not prevent access at any time for pedestrians or regulate the speed of vehicles on roads. See Part VI of the RTRA for provisions on Orders relating to Speed Limits. 8.5 Under s32 of the RTRA a Local Authority can designate off street parking places. A traffic regulation order can be made under s35 of the RTRA to make provision as to the use of those parking places which includes the classes of vehicles entitled to use them, the conditions on which they may be used and the charges to be paid in connection with their use. 8.6 Under s45 of the RTRA a Local Authority may by order designate paid for parking places on roads. A traffic regulation order under this section may designate the parking places for use only by such persons or vehicles of a class permitted by the order and can be subject to conditions for example the duration of stay and times parking is permitted and may or may not impose a charge. 8.7 Under s84 of the RTRA, a Local Authority can make an order to prohibit the driving of a motor vehicle on a road at a speed that exceeds that specified by the order.
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Version 3.0 April 2020 10 8.8 Procedure for the promotion of TROs is found in Appendix 3 9. Experimental Traffic Orders 9.1 A Local Roads Authority may, for the purposes of carrying out an experimental scheme of traffic control, make an order under s9 of the RTRA (referred to in the Act as an “experimental traffic order”). Such orders may be of particular value for more complex traffic schemes to allow the authority to assess the actual impact of traffic flows rather than relying on a predicted/modelled outcome. An experimental order may contain any provision as may be made by a traffic regulation order. 9.2 An experimental traffic order may not remain in force for more than 18 months. A local roads authority may direct by order that an extant experimental order be extended for a further period ending not later than 18 months after it first came into force. 9.3 The procedure for making an experimental traffic order is similar, although not identical, to that for Traffic Regulation Orders. – Reference should be made to schedule 9 of the RTRA and the R1999. 9.4 At the end of the eighteen month period, a Traffic Regulation Order to the same effect must have been made or the situation must revert to the previous arrangement. 9.5 Please refer to procedure outlined in Appendix 3 10. Stopping Up and Redetermination of Means of Exercise of Public Right of Passage 10.1 Orders to stop up and/or to re-determine the means of exercise of Public Right of Passage over roads are made under the Roads (Scotland) Act 1984. 10.2 S1 of the RSA empowers the roads authority to determine the means of exercise of a public right of passage over a public road, or any part of it. S152(2) of RSA extends the section 1 power to redetermine, by order, the means of exercise of the public right of passage. This power does not extend to private roads. 10.3 Under s68 of the RSA the roads authority has the power to make a stopping up order either on its own initiative or at the request of any person. The order may be made in relation to public or private roads. 10.4 The power contained within s69 of the RSA allows a roads authority to regulate potentially dangerous situations involving private accesses from a road onto other land. The roads authority may be order stop up a private access from a road, public or private, if it considers that it is likely to cause danger to, or to interfere unreasonably with traffic on the road. 10.5 The procedure for making orders under sections 68, 69 and 152(2) of the RSA is contained in R1986. The form of the schedule, plan and advertisement are set out in R1986.
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Version 3.0 April 2020 11 10.6 Where an objection is made and not subsequently withdrawn, the matter shall be remitted by the authority to the Scottish Minister for their determination. 10.7 Please refer to procedure outlined in Appendix 4 11. Disabled Persons Parking Places 11.1 The general approach of the DPPPSA is to impose a duty on local authorities, in particular circumstances, to exercise its power to make a particular kind of order under either section 45 (street parking places) or section 35 (off-street parking places) of the RTRA. 11.2 The DPPPSA does not amend the RTRA itself in any way. The kinds of orders which local authorities are required to make under the DPPPSA are already open to them under the RTRA. The powers under the RTRA are not affected; rather, the DPPPSA separately imposes a duty to exercise those powers in particular circumstances. 11.3 Once the duty under the DPPPSA is triggered, the provision as to procedure is that applicable under the RTRA. 11.4 The Council must provide an annual report to the Scottish Government detailing all of its actions in relation to the DPPPSA. 11.5 The creation of a disabled parking bay for a qualifying person on application under section 5 of the DPPPSA is promoted as a TRO and follows the procedure outlined in Appendix 3. 12. Authority to Make Traffic Regulation Orders 12.1 The authority to make orders is delegated to Area Committees and Council Officers as laid out in the Argyll and Bute Council Constitution Part C: Scheme of Administration and Delegations. 12.2 Delegation to Area Committees is detailed in Section 2 paragraph 2.4: a) 2.4.1 (9) The regulatory functions of the Council under the Road Traffic Regulation Act 1984 and Roads (Scotland) Act 1984 including to introduce, make, review, amend or revoke any order, or give any direction or notice for application only within the sub-area for which the Committee has responsibility. b) 2.5.5 The regulatory functions of the Council under the Road Traffic Regulation Act 1984 and the Roads (Scotland) Act 1984. 12.3 Delegation to Officers is detailed in Section Three as follows:
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Version 3.0 April 2020 12 a) Paragraph 34: To carry out the following functions of the Council in terms of the Roads (Scotland) Act 1984:- (16) After consultation with the Chief Constable under Section 62 in relation to the temporary prohibition or restriction of traffic on roads for reasons of public safety or convenience; (38) To exercise the functions of the Council under Section 152(2) to re-determine the means of exercise of a public right of passage over a road; b) Paragraph 35: To carry out the following functions of the Council in terms of the Road Traffic Regulation Act 1984:- 1) Under Section 14 in relation to the temporary prohibition or restriction of traffic on roads; c) Paragraph 36: To arrange for the advertisement of any proposal for the making, revocation, or variation of Orders and Schemes under The Road Traffic Regulation Act 1984; and Sections 68, 69, 70 & 71 of the Roads (Scotland) Act 1984 and where no objections have been received to make the order in the terms promoted by the Council. d) Paragraph 40:To exercise the functions of the Council under Section 12 of the Roads (Scotland) Act 1984 in relation to the stopping up or diversion of highways crossing or entering routes of proposed new highways; 13. Roles and Responsibilities in relation to TROs 13.1 The following table summarises the various roles and responsibilities undertaken by Elected Members and Officers at different stages during the process: Position Function Area Committee Authority to Make Traffic Orders as per Argyll and Bute Council Constitution Consideration of Objections Multi Ward Elected Member Included in Consultation 1 Executive Director Development and Infrastructure Authority to Make Traffic Orders as per Argyll and Bute Council Constitution Part C: Scheme of Administration and Delegations Roads and Infrastructure Services Head of Service Oversight of the TRO process as delegated by Executive Director Named as contact promoting TRO in Public Notices Assistant Network & Standards Manager (T&D) (as delegated ) Authorises initial development of TRO Authorises moving on to each stage in the process Attempts to resolve objections as required Prepares reports for Area Committee Technical Officer (Traffic & Development) (as delegated) Undertakes initial development work and promotion of schemes Undertakes Consultation 1 for TROs and resolves any issues that may arise Arranges for Public Notices to be displayed locally
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Version 3.0 April 2020 13 Service Officer – Traffic & Development Drafts TRO documentation Undertakes Public Consultation Undertakes Statutory Consultation Prepares Public Notices Arranges for information to be made available for inspection Kilmory, Customer Service Points, on website and in local papers Arranges for order to be sealed Legal & Regulatory Support Checks drafts of non-routine or complex or contentious draft orders Receives Objections at Kilmory Arranges Hearings if required Signs and seals Orders Operations Team Implements TROs on the ground ( lining, signage etc) Area Committee Manager Writes to objectors to let them know the Area Committee’s decision 14. Timescales 14.1 The timescales involved in making traffic orders – from the initial proposal to implementation of made order on the ground - can vary greatly depending on the type of order required, complexity of the proposal, the number of valid objections received, date of next available Area Committee and whether or not a Hearing is required. 14.2 A Temporary Restriction by Traffic Notice will usually be processed in 4 weeks. 14.3 A Section 14 Temporary Traffic Regulation Order application has to be submitted for processing at least 8 weeks prior to the required date 14.4 A Section 16A Temporary Traffic Regulation Order application has to be submitted for processing at least 12 weeks prior to the required date 14.5 A Section 62 Temporary Traffic Regulation Order application has to be submitted for processing at least 8 weeks prior to the required date 14.6 A Straightforward Traffic Regulation Order will take a minimum of 28 weeks to process, even if there are no objections, due to the pauses for consultation and public notification built into the process and in practice will usually take longer. 14.7 All permanent Traffic Regulation Orders must be made within 2 years of the date of the first Public Notice or the proposal will fail by default unless an application for an extension has been made by the authority to the Scottish Ministers and granted. 14.8 The Scottish Ministers may extend the two year time limit for such period not exceeding 6 months as the Scottish Ministers consider appropriate. 14.9 The Scottish Ministers may grant up to 4 further extensions to the authority.
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Version 3.0 April 2020 15 Appendix 1 Procedure for Temporary Restriction by Traffic Notices Temporary Restriction by Traffic Notices are to be used for restrictions that last no longer than 5 consecutive days. Temporary Restriction by Emergency Notices are used for emergency closures only. a) Temporary Restriction by Traffic Notice Procedure 1. The Technical Officer (Traffic and Development) forwards the following information to the Service Officer (Traffic and Development): • Date and time closure required • Type of closure required • Name of Roads affected • Reason for closure • Details of diversion routes if required • Confirmation no alternative roads are to be closed at the same time • Confirmation of recharge details 2. The Service Officer (Traffic and Development) prepare a notice of "Temporary Restriction To Use of Road" and forwards to Technical Officer (Traffic and Development). The recharge form is prepared at the same time and kept on file. Details added to TRO spreadsheet. 3. The Technical Officer (Traffic and Development) sends notification of the restriction to all on the TTRO Consultation list. 4. The Technical Officer (Traffic and Development) arranges for the notice to be posted on site and ensures that the Contractor concerned adequately signs both the closure and diversion routes 6. The Technical Officer (Traffic and Development) advises the Service Officer (Traffic and Development) that the work has taken place as planned. 7. The Service Officer (Traffic and Development) processes the recharge paperwork and enters details of the closure in the central office file and updates TRO spreadsheet. b) Temporary Restriction by Emergency Notice Procedure NB: This type of notice is always dealt with immediately 1. The Technical Officer (Traffic and Development) forwards the following information to the Service Officer (Traffic and Development) by e-mail: • Reason why Temporary Restriction by Emergency Notice is required • Type of closure required • Name of Roads affected • Details of diversion routes if required • Length of time closure required • Whether or not a Temporary Traffic Regulation Order will be required 2. The Service Officer (Traffic and Development) prepares a Temporary Restriction by Emergency Notice and e-mails to The Technical Officer (Traffic and Development) 3. The Technical Officer (Traffic and Development) sends notification of the restriction to all on the Consultation 1 list immediately. 4. The Technical Officer (Traffic and Development) arranges for the notice to be posted on site and ensures that both the closure and diversion routes are adequately signed 5. The Service Officer (Traffic and Development) enters details of the restriction in the central office file and updates TRO spreadsheet. 6. If required the Technical Officer (Traffic and Development) begins the process to develop a Temporary Traffic Regulation Order
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Version 3.0 April 2020 16 Appendix 2 Procedure for the promotion of Temporary Traffic Regulation Orders (TTROs) Stage Step Action Form Stage 1 Start Applicant sends written request for TTRO to the Technical Officer (Traffic and Development) 1. The Technical Officer (Traffic and Development) in conjunction with the Service Officer (Traffic and Development) determines whether the request falls under Section 14 or Section 16A of the RTRA or Section 62 of the RSA and issues the relevant application form to the applicant for completion Internal TTRO-01 External TTRO-2 2. Completed application form and plan to be sent to the Technical Officer (Traffic and Development) by the applicant 3. The Technical Officer (Traffic and Development) checks the application for completeness. Further clarification, discussions and /or site meeting may be required before the application progresses to the next step. 4. The Technical Officer (Traffic and Development) accepts the application which is signed and confirms in writing the following: • Detail of requirements including dates, times and affected roads • Recharge arrangements • Accommodation Measures ( temporary bus stops etc) 5. The Technical Officer (Traffic and Development) completes TTRO checklist and carries out a consultation with the parties on the Consultation 1 list TTRO-03 14 day pause to allow consultation with the parties on the Consultation 1 list to take place 6. The Technical Officer (Traffic and Development) sends the Service Officer Traffic & Development the completed application form (TTRO 1 or TTRO-02) and completed checklist (TTRO3) TTRO -1 TTRO -2 TTRO -3 8. If a Section 16A TTRO, The Service Officer (Traffic and Development) will obtain Scottish Government permission to proceed if the same area has been closed on one other occasion in the Calendar year. 9. The Service Officer (Traffic and Development) prepares the draft Order, and Public Notice and forwards to Legal & Regulatory Support for signing and return to the Service Officer (Traffic and Development) 10. The Service Officer (Traffic and Development) sends a copy of the public notice the Approved Advertising Agency via PECOS who will arrange for an advertisement to be placed in the appropriate local newspaper on the date specified once proof copy approved 11. The Service Officer (Traffic and Development) sends a copy of the Public Notice to the relevant Operations team if required 12. The Service Officer (Traffic and Development) sends a copy of the signed order and location plan to Police Scotland, Scottish Fire & Rescue and Scottish Ambulance Service 13. The Service Officer (Traffic and Development) will be responsible for updating the Traffic Orders Webpage and Tell me Scotland. 14. The Service Officer (Traffic and Development) sends the Public Notice to the Technical Officer Traffic & Development to post on site. 15. The Service Officer (Traffic and Development) prepares and processes the recharge form
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Version 3.0 April 2020 17 Appendix 3 Procedure for the promotion of Permanent Traffic Regulation Orders (TROs) Stage Step Action Form Stage 1 1 The Technical Officer (Traffic & Development) undertakes the initial development work, including holding an informal discussion with Police Scotland, and will forward all TRO proposals to be promoted to the Assistant Network and Standards Manager prior to undertaking Consultation No 1. TRO1 TRO2 (speed limits) 2 The Technical Officer (Traffic & Development), will undertake Consultation No 1, copying in Service Officer (Traffic & Development) for information. Purpose of the consultation is to identify any matters that may need to be addressed in the initial development of the proposal. Consultees are : • Police Scotland; • MOD Police (where applicable) • Local Multi Ward Elected Members; • Chair of Area Committee for information • Strategic Transport and Infrastructure Manager • Development Policy and Housing Strategy Manager • Fleet and Waste Manager 14 Day Pause to allow consultation process to take place 3 The Technical Officer ( Traffic & Development) will forward detailed information and plan(s) to the Service Officer (Traffic and Development) advising of their recommendations upon completion of Consultation No 1 using Form TTR0 3 and TTRO4 TRO 3 and TRO 4 Stage 2 4 The Service Officer (Traffic and Development) will prepare CAD plan and Consultation Letter and contact the relevant Community Development Officer for recommendations on possible additional consultees. Thereafter the Service Officer will complete Form TRO-05 and pass to ANSM for signing following which the Statutory Consultation can be distributed giving 21 days for replies. The purpose of the consultation is to contact Statutory Consultees and other interested parties to identify any matters that may need to be addressed before the proposal goes out to public consultation. Statutory consultees must always be included and the justification of including other interested parties should be recorded on form TRO-05. TRO5 5 The Service Officer (Traffic and Development) will draft order, statement of reasons and public notice. TRO checklist also prepared. TRO6 21 Day Pause to allow consultation process to take place 6 The Service Officer (Traffic and Development) will advise the Technical Officer ( Traffic & Development) once the Statutory Consultation has been either: 1. successfully completed with no comments, or 2. there are comments that could be resolved at this stage, or
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Version 3.0 April 2020 18 3. there are a number of comments which will be dealt with at the public consultation stage 7 If the proposal is complex or potentially contentious or non-routine, the Service Officer (Traffic and Development) will send draft of the statement of reasons, order and public notice to Head of Legal & Regulatory Support for checking prior to the traffic regulation going to public advertisement. If the proposal is simple and/ or routine, the Service Officer (Traffic and Development) will draft the statement of reasons, order and public notice going to public advertisement Stage 3 8 The Service Officer (Traffic and Development) will seek permission from the Assistant Network & Standards Manager (T&D) to move onto the public advert stage. 9 The Service Officer (Traffic and Development) will send a copy of the public notice of the proposal to the Approved Advertising Agency who will arrange for an advertisement to be placed in the appropriate local newspaper on the date specified by the Service Officer (Traffic and Development) 10 The Approved Advertising Agency will provide a proof copy of the public notice advertisement to the Service Officer (Traffic and Development), which shall be checked, signed and returned. The Approved Advertising Agency will then place the advertisement in the agreed local newspaper. 11 The Service Officer (Traffic and Development) will send a copy of the draft order, the statement of reasons, plan, and in the case of an order which varies or revokes a previous order, a copy of that order and of its relevant map, together with a copy of the newspaper advertisement to the: • Head of Legal & Regulatory Support who will make available at Kilmory Castle for public inspection as required • Technical Officer (Traffic & Development) who will arrange for their display on the road(s) affected. • Customer Service Point for the area who will make available for public inspection as required. • Local library and/or other suitable public building in the vicinity if required, for public inspection. NB: The period for objections to be lodged is 21 days. 12 The Service Officer (Traffic and Development) will send a copy of the Public Notice to the Statutory Consultation circulation list 13 The Technical Officer (Traffic & Development), will be responsible for arranging the posting of the notices, their maintenance and removal at the end of the period of objection at which time, a copy of the notice should be returned to the Service Officer (Traffic and Development) signed by the Technical Officer (Traffic & Development), certifying that it has been posted for the required period. The notices will normally be checked once a week to ensure they are still in place. TRO 7
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Version 3.0 April 2020 19 14 The Service Officer (Traffic and Development) will be responsible for updating the Council’s Traffic Orders Webpage and Tell me Scotland. 21 day pause to allow objections and comments to be made 15 The Head of Legal & Regulatory Support, will forward copies of any letters of objection to Assistant Network & Standards Manager, at the end of consultation period or notify him in writing that there have been none using the standard TRO 9 proforma If letters are received by the Assistant Network & Standards Manager, these should be copied and passed to the Head of Legal & Regulatory Support for retention using TRO Form 10A TRO 9 TRO 10A 16 If there are No Objections go to paragraph 29. 17 If there are objections, the Service Officer (Traffic and Development) will send a letter of acknowledgement to all objectors then prepare a list of the names and addresses of the objectors along with the letters of objection and forward to the Assistant Network & Standards Manager for attention. Note: to be valid, an objection must clearly state the person’s name, contact details and the specific grounds for objection. TRO 8 18 The Assistant Network & Standards Manager will consult with the Head of Legal & Regulatory Support to establish if the proposed traffic order will require a mandatory public hearing under the Local Authorities Traffic Orders (Procedure) (Scotland) Regulations 1999 in the event of sustained objections being received 19 The Assistant Network & Standards Manager will try and resolve the objections by letter. If the objections are resolved without amendment to the order, go to paragraph 29. If objections can be resolved with an amendment to the order, prepare a report for the Area Committee and go to paragraph 27 Report Stage 4 20 If a hearing is not required, (already determined in consultation with Head of Legal & Regulatory Support) the Assistant Network & Standards Manager will prepare a report for the relevant Area Committee containing a list of sustained objections, a summary of objections and a request that the Area Committee considerers the objections and decides whether or not the TRO proposal should proceed or be made with amendments. Members may determine at this stage that a discretionary hearing be held prior to a determination being reached. Go to paragraph 27. Report 21 If either a mandatory or discretionary hearing is required, the Assistant Network & Standards Manager will prepare a list of sustained objections, a summary of the objections and a statement of the Council's case and forward them together with all the letters of objection to Head of Service Legal &
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Version 3.0 April 2020 20 Regulatory Support requesting that a hearing is arranged . Legal & Regulatory Support will give notice in writing to any person who has objected to the making of the order informing them that, if within such period, not being less than 14 days, as is specified in the notice, they intimate that they so desire, an opportunity will be afforded them of being heard in support of their objection. 22 Legal & Regulatory Support will make the following arrangements :- (a) Give notice to the Department of Planning and Environmental appeals (DPEA) of the need for a hearing and provide: (i) a copy of the objections and (ii) a statement of the Council's case, prepared by Assistant Network & Standards Manager containing full particulars of the case the Council wishes to make together with supporting documents. (b). Once the date of the Hearing is known if any objector has given notice that they desire to be heard at the Hearing notify them in writing of the arrangements for the Hearing not less than 21 days before the date on which the hearing is to take place. (c) Not less than 21 days before the Hearing publish a notice in local newspaper. 21 day pause to give notice of Hearing date 23 The procedure at the Hearing shall be determined by the Reporter. 24 Following the Hearing, the Reporter will forward a report and recommendations to the Council via Legal & Regulatory Support 25 Legal & Regulatory Support will forward the Hearing Report to the Assistant Network & Standards Manager. 26 The Assistant Network & Standards Manager, will consider the findings of the Hearing Report and its recommendations and prepare a report for the Area Committee detailing the outcome of the Hearing and recommended course of action. Report 27 The Report will be considered by the Area Committee which will determine the course of action to be followed. The Committee may decide to either:- • Make the TRO as proposed • Amend the TRO • Abandon the TRO; or • Make the TRO in part. NB. Where the order is one in connection with which a hearing has been held by virtue of regulation 8(1)(a) or (b) of The Local Authorities' Traffic Orders (Procedure) (Scotland) Regulations 1999 and the authority decide to make the order in a form which includes any provision at variance with the recommendations of the reporter, before the order is made Legal & Regulatory Support shall require to send to the Scottish Ministers a copy of
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Version 3.0 April 2020 21 the order as proposed to be made, a copy of the relevant map, a copy of the report and recommendations made following the hearing and a statement of the authority's reasons for not accepting the relevant recommendations. The order cannot be made before the expiration of one month from the date on which the said documents were sent to the Scottish Ministers, unless the Scottish Ministers give the authority earlier notification that they have no observations to make about the order At the same time as they send to the Scottish Ministers the documents specified above, Legal & Regulatory Support will give written notification of this fact to each person who objected to the order in accordance with Regulation 7 and has not withdrawn their objection. 28 The Area Committee Manager will write to each objector advising them of the Committee's decision enclosing a written statement of reasons and will also formally notify the Assistant Network & Standards Manager and Police Scotland of the decision of the Area Committee. Stage 5 29 The Service Officer (Traffic and Development) will agree the effective date for the Order in consultation with the relevant officers. The effective date must be a minimum of 6 weeks from the date of the advert making the order principally to allow objections on procedural grounds, but also to give time for signs/lines to be arranged. 30 The Service Officer (Traffic and Development) will advise Head of Legal & Regulatory Support of the effective date requesting that the order is made. 31 The Service Officer (Traffic and Development) will prepare a public notice, which will invite objections on procedural grounds and will send a copy to the Approved Advertising Agency indicating the date and local newspaper in which it should be advertised. Note: the advert requires to be placed within a 14 day period. 32 The Approved Advertising Agency will provide a proof of the public notice advertisement to the Service Officer (Traffic and Development). The proof should be checked, signed and returned. 33 The Head of Legal & Regulatory Support will arrange for the signing of the Order forwarding a copy to the Service Officer (Traffic and Development) the original order being indexed and retained by Legal & Regulatory Support. 34 The Service Officer (Traffic and Development) will forward a copy of the signed order to the Emergency Services. 35 The Service Officer (Traffic and Development) will send a copy of the made Order including a plan and the public notice to the Head of Legal & Regulatory Support and the Technical Officer (Traffic & Development) and other locations as required for public inspection and will be responsible for updating the Council’s Traffic Orders Webpage and Tell me Scotland. TRO11 6 weeks pause to allow objections on procedural grounds only
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Version 3.0 April 2020 22 36 Should any procedural objections be received, these will be forwarded to the Head of Legal & Regulatory Support for resolution. End of Process 37 Once all the necessary approvals have been received, the Technical Officer (Traffic & Development) arrange the implementation of the Order on the effective date with the operational team undertaking the relevant tasks relating to signage, road markings and so on as required. 38 The Service Officer (Traffic and Development) will update the website, Tell me Scotland, number the order, enter the details into the TRO database and file hard copies in the central TRO file. Appendix 4 Stopping Up and Redetermination of Means of Exercise of Public Right of Passage Stage Step Action Form 1 1 The Technical Officer (Traffic & Development) receives an initial proposal to Stop Up or Re-determine a Public Right of Passage 2 The Technical Officer (Traffic & Development), will undertake Consultation No 1. Purpose of the consultation is to identify any matters that may need to be addressed in the initial development of the proposal 14 days pause to allow consultation process to take place 3 The Technical Officer ( Traffic & Development) will forward detailed information and plan(s) to the Service Officer (Traffic and Development) advising her of his recommendations upon completion of Consultation No 1 4 The Service Officer (Traffic and Development) will obtain approval to move onto the next stage in the process from the Assistant Network & Standards Manager (T&D) 5 The Service Officer (Traffic and Development) will prepare the following documents and forward to Legal & Regulatory Support for checking : • First Public Notice • Statement of Reasons • Order • Schedule(s) • Plan(s) • Copy of Existing Order 6 When approved The Service Officer (Traffic and Development) will send a copy of the public notice of the proposal to the Approved Advertising Agency who will arrange for an advertisement to be placed in the appropriate local newspaper and the Edinburgh Gazette on the date specified by the Service Officer (Traffic and Development) 7 The Approved Advertising Agency will provide a proof copy of the public notice advertisement to the Service Officer (Traffic and Development), which shall be checked, signed and returned. The Approved Advertising Agency will then place the advertisement in the agreed local newspaper and the Edinburgh Gazette on the dates specified. 8 The Service Officer (Traffic and Development) will send a copy of the proposed order, schedules, the statement of reasons, plan, a copy of the existing order and of its relevant map, together with a copy of the newspaper notice to the:
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Version 3.0 April 2020 23 • Head of Legal & Regulatory Support who will make available at Kilmory Castle for public inspection as required • Technical Officer (Traffic & Development) who will arrange, no later than the date on which the notice is first published in a newspaper, for a copy of the notice to be displayed in a prominent position at or near the ends of so much of the road as it is proposed to stop up or over which it is proposed to re-determine the means of exercise of the public right of passage, and shall take all reasonable steps to keep the notice exhibited in such a position and legible condition for a period of not less than 28 days. • Customer Service Point for the area who will make available for public inspection as required. • Local library and/or other suitable public building in the vicinity if required, for public inspection. 9 No later than the date that the notice is first published the Service Officer (Traffic and Development) will serve a copy of the proposed order and the accompany plan together with a copy of the advert and a statement of the reasons for making the order to the following: • Development Policy and Housing Strategy Manager • Strategic Transport and Infrastructure Manager • British Telecommunications • Scottish Gas Network • Scottish Water • Scottish & Southern Energy/ Scottish Power • Street Lighting Technical Officer • Fleet and Waste Manager • Where the order relates to the redetermination of the means of exercise of a public right of passage over a road or to the stopping up of a road, any other statutory undertakers having apparatus under, in, on, over, along or across the road • Where the order relates to a private means of access, on the owner and occupier of any land to which the order relates and on the owner and occupier of any land which it is proposed to acquire for the provision of a new means of access 10 At the same time as the advertisement the Service Officer (Traffic and Development) will send a letter confirming the proposal to the local Multi Member Ward members, the Area Committee Chair and Police Scotland 11 The Service Officer (Traffic and Development) will be responsible for updating the Traffic Orders Webpage and Tell me Scotland. 28 days pause to allow objections to be lodged 3 12 The Head of Service Legal & Regulatory Support, will forward copies of any letters of objection to Assistant Network & Standards Manager, at the end of consultation period or else notify him in writing that there have been none using the standard TRO 9 proforma If letters are received by the Assistant Network & Standards Manager, these should be copied and passed to the Head of Service Legal & Regulatory Support for retention using TRO Form 10A 13 If Objections have been received, the Assistant Network & Standards Manager (T&D) will seek advice from the Head of Service Legal & Regulatory Support on how to proceed.
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Version 3.0 April 2020 24 14 If there are no objections to the proposal, or an objection is made but subsequently withdrawn, the order may be confirmed. The Service Officer (Traffic and Development) agrees the effective date with the Assistant Network & Standards Manager 15 The Service Officer (Traffic and Development) will advise Head of Legal & Regulatory Support of the effective date requesting that the order is confirmed. 16 Immediately after the order has been confirmed the Service Officer (Traffic and Development) will prepare a public notice, which will confirm that the order has been made and will send a copy to the Approved Advertising Agency indicating the date and local newspaper in which it should be advertised. The advert must also be placed in the Edinburgh Gazette 17 The Approved Advertising Agency will provide a proof of the public notice advertisement to the Service Officer (Traffic and Development). The proof should be checked, signed and returned. 18 The Service Officer (Traffic and Development) will send a copy of the signed order and plan to: • Head of Legal & Regulatory Support who will arrange to make available at Kilmory for public inspection as required • Technical Officer (Traffic & Development) who will arrange who will arrange, no later than the date on which the notice is first published in a newspaper, for a copy of the notice to be displayed in a prominent position at or near the ends of so much of the road as it is proposed to stop up or over which it is proposed to re-determine the means of exercise of the public right of passage, and shall take all reasonable steps to keep the notice exhibited in such a position and legible condition for a period of not less than 28 days. • Customer Service Point for the area who will make available for public inspection as required. • Local library and/or other suitable public building in the vicinity if required, for public inspection. 19 No later than the date that the notice is first published, the Service Officer (Traffic and Development) will send a copy of the signed order and plan to the following: • Development Policy and Housing Strategy Manager • Strategic Transport and Infrastructure Manager • Owner and occupier of land (If applicable) • British Telecommunications • Scottish Gas Network • Scottish Water • Scottish & Southern Energy/Scottish Power • Street Lighting Technical Officer • Where the order relates to the redetermination of the means of exercise of a public right of passage over a road or to the stopping up of a road, any other statutory undertakers having apparatus under, in, on, over, along or across the road • Where the order relates to a private means of access, on the owner and occupier of any land to which the order relates and on the owner and occupier of any land which it is proposed to acquire for the provision of a new means of access
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Version 3.0 April 2020 25 20 The Service Officer (Traffic and Development) will write to Police Scotland confirming that the order has been made End of Process 21 The Service Officer (Traffic and Development) will update the website and Tell Me Scotland, number the order, enter the details into the TRO database/List of Public Roads and file hard copies in the central TRO file. An order shall become operative on the date that the public notice of the confirmation of the order is first published or on such other date as may be specified in the order. An order under s68 of the RSA which is made on the ground that the road will become unnecessary shall not come into operation until the road had become unnecessary and a suitable alternative road exists. A private means of access shall not be stopped up before the expiry of 6 weeks from the date of the first publication of the proposal to make the order and in any case where a new means of access is to be provided by the roads authority, before it has been so provided. Appendix 5 TRO Forms TRO FROM NUMBER NAME TRO1 Traffic Regulation Orders Proposal Form TRO2 Speed Limit Proposal Form TRO3 Consultation 1 Record Sheet TRO4 Consultation 1 Report TRO5 Consultation 2 Record Sheet TRO6 TRO Checklist TRO7 Public Notice Confirmation Form TRO8 Hearing Checklist Form TRO9 List of Objectors Form TRO10 List of Objectors Confirmation of Receipt TRO10A List of Objectors Confirmation of Receipt – Received by Roads TRO11 Display of Documents Confirmation TRO11A Display of Signed Documents Confirmation TRO11B Display of Documents Confirmation – Stopping Up TRO12 Checklist – Stopping Up/Redetermination Orders TRO13 Objections Checklist – Stopping Up