Commentary on Sections Part 1 – Procedure for Making Welsh Subordinate Legislation Section 2 – Road traffic orders not required to be made by Welsh statutory instrument
67.Section 2 amends the Highways Act 1980 (c. 66) and the Road Traffic Regulation Act 1984 (c. 27) to no longer require certain road traffic orders to be made by Welsh statutory instrument (or statutory instrument).
68.These orders are localised in nature, in other words they apply to a particular road, or part thereof, for a particular purpose and for a specified duration. They are not of wider application or interest. They may, for example, be used to close a road to enable an event to be held. By way of further example, such orders could also be used to temporarily reduce the maximum permitted speed limit on a particular road or roads whilst repair works are undertaken.
69.The Welsh Government currently publishes all such road traffic orders on its website (www.gov.wales), alongside other subordinate legislation that can be used for similar purposes but is already not required to be made as a statutory instrument.
70.These amendments to the Highways Act 1980 and the Road Traffic Regulation Act 1984 do not apply to orders and other subordinate legislation that are of general application and interest (or not temporary) – such subordinate legislation would, by virtue of new Part 2A of the 2019 Act, be made as a Welsh statutory instrument.