D58-2950 - Henfaes Road, St Annes Terrace and Wenallt Road

(Revocation) and (Prohibition of waiting at any time) Order 2023

NOTICE is given that the Council on the 14th March 2023 made an Order in pursuance of its powers as contained in Sections 1, 2 and Part IV of Schedule 9 of the Road Traffic Regulation Act 1984 the effect of which is as set out in the Schedules below.

A copy of the Order, plan and statement of reasons can be inspected on the Council’s Internet Website

The Order will come into force on the 20th March 2020.

If any person wishes to question the validity of the Order or of any of its powers on the grounds that it or they are not within the powers conferred by the Act or that any requirements of the Act or of any instrument made under the Act has not been complied with, that person may, within 6 weeks from the date on which the Order is made, apply for that  purpose to the High Court.

Schedules

Schedule 1 - Revocation

• Any existing Orders are hereby revoked only in so far as they relate to the sides and lengths of roads set out in Schedule 2 of this Order.

Schedule 2 - Prohibition of waiting at any time order

• Henfaes Road, Tonna (South west side)
  From its junction with Wenallt Road for a distance of approximately 13 metres in a south westerly direction.
• St. Annes Terrace, Tonna (South east side)
  From its junction with Wenallt Road for a distance of approximately 13 metres in a north easterly direction.
• Wenallt Road, Tonna (Both sides)
  From its junction with Henfaes Road and St.Annes Terrace for a distance of Approximately 30 metres in a southerly direction.

DATED 17th MARCH 2023
M C GRIFFITHS
HEAD OF LEGAL & DEMOCRATIC SERVICES

The Neath Port Talbot County Borough Council in exercise of their powers under Sections 1 and 2 of the Road Traffic Regulation Act 1984 (hereinafter referred to as “the Act of 1984”) and of all other powers them enabling and after consultation with the Chief Officer of Police in accordance with Part III of Schedule 9 of the Act of 1984 hereby make the following Order:-

1. This Order shall come into operation on the 20th day of March 2023 and may be cited as the “Neath Port Talbot County Borough Council (Henfaes Road, St Annes Terrace and Wenallt Road, Tonna, Neath)(Revocation)(Prohibition of Waiting At Any Time) Order 2023”.
2. In this Order –
   1. • “Disabled Person’s Vehicle” has the same meaning as in The Local Authorities’ Traffic Orders (Exemptions for Disabled Persons) (Wales) (Amended) Regulations 2000;
      • “Disabled Persons Badge” has the same meaning as in The Disabled Persons (Badges for Motor Vehicles) (Wales)  (Amended) Regulations 2000;
      • “Parking Disc” means a parking disc issued by a Local Authority, capable of showing the quarter hour period during which a  period of waiting begins;
      • “Relevant Position” has the same meaning as in The Disabled Persons (Badges for Motor Vehicles) (Wales) (Amended)  Regulations 2000;
      • “Public Service Vehicle” shall have the same meaning as in Section 1 of the Public Passenger Vehicles Act 1981 and “local service” shall have the same meaning as in Section 1 of the Transport Act 1985;
      • “Universal Providers” means those operators of postal services who are licensed to provide all or part of a Universal Postal Service under the provisions contained in the Postal Services Act 2000. 
   2. Except where otherwise stated, any reference in this Order to a numbered Article or Schedule is a reference to the Article or Schedule bearing that number in this Order.
   3. The Interpretation Act 1978 shall apply for the interpretation of this Order as it applies for the  Interpretation of an Act of Parliament.
3. Any existing no waiting at any time Order (if any) are hereby revoked only in so far as they relate to the sides and lengths of roads set out in the Schedules of this Order.
4. Save as provided in Articles 5,6, 7 and 8 of this Order, no person except on the direction of a Police Constable in uniform or a Parking Attendant shall cause or permit any vehicle to wait at any time on the lengths of sides of roads set out in the Schedules of this Order.
5. Nothing in Article 4 of this Order shall render it unlawful to cause or permit a Disabled Person’s Vehicle which displays in the relevant position a Disabled Person’s Badge and a parking disc (on which the driver, or other person in charge of the vehicle, has marked the time at which the period of waiting began) to wait on the lengths of sides of roads referred to in the Article for a period not exceeding 3 hours (not being a period separated by an interval of less than 1 hour from a previous period of waiting by the same vehicle on the same length of side of road on which that vehicle had previously been waiting).
6. Nothing in Article 4 of this Order shall render it unlawful to cause or permit  any vehicle to wait on the length and side of roads specified therein for so long as may be necessary to enable: -
   
   1. A person to board or alight from a vehicle;
   2. The vehicle, if it cannot conveniently be used for such purpose in any other road, to be used in connection with any of the following operations, namely: -
      • Building, industrial or demolition operations;
      • The removal of any obstruction to traffic;
      • The laying, erection, alteration or repair in or on land adjacent to the said lengths of sides of road of any sewer or any main pipe or apparatus for the supply of gas, water or electricity or any telecommunications apparatus defined in the Telecommunications Act 1984;
   3. The vehicle, if it cannot conveniently be used for such purpose in any other road, to be used in the service of a Local Authority or a Water Authority in pursuance of statutory powers or duties;
   4. The vehicle to be used by a Universal Service Provider for the purpose of delivering or collecting postal packets;
   5. Public Service Vehicles operating a local service when waiting at an authorised bus stop to set down or pick up passengers, or to school buses;
   6. The vehicle to take in petrol, oil, water or air from any garage situated on or adjacent to the said length of road.
7. Nothing in Article 4 of this Order shall render it unlawful to cause or permit any vehicle to wait on the lengths of sides of roads specified therein for so long as may be necessary to enable goods to be loaded and unloaded from the vehicle.
8. The prohibitions imposed by Article 4 shall not apply to Police, Fire, Ambulance or other Emergency Service vehicles or to Local Authority vehicles when in pursuance of statutory duties or powers.