Road Traffic and Roads Act 2023
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Effect and validity of certain regulations | ||
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59. (1) Notwithstanding section 5 (1) of the European Communities Act 2007 , the Road Traffic (Construction and Use of Vehicles) Regulations 2003 ( S.I. No. 5 of 2003 ) (referred to in this section as the “Principal Regulations”) shall not have statutory effect pursuant to that section and shall be deemed to have been validly made under sections 5, 11, 12 and 13 of the Act of 1961, sections 8 , 10 and 11 of the Road Traffic Act 1968 and section 2 of the Road Traffic Act 2006 on the date those Regulations were purported to be made. | ||
(2) Notwithstanding section 5 (1) of the European Communities Act 2007 , the Road Traffic (Construction and Use of Vehicles) (Amendment) Regulations 2004 ( S.I. No. 99 of 2004 ) shall not have statutory effect pursuant to that section and shall be deemed to have been validly made under sections 5 and 11 of the Act of 1961 and section 2 of the Road Traffic Act 2006 on the date those Regulations were purported to be made. | ||
(3) Subject to subsections (4) and (5), all regulations amending the Principal Regulations made before the coming into operation of this section shall be deemed to have been validly made on the date those Regulations were purported to be made. | ||
(4) The Road Traffic (Construction and Use of Vehicles) (Amendment) Regulations 2015 ( S.I. No. 136 of 2015 ) shall be deemed to have been validly made under sections 11 and 12 of the Act of 1961 and section 2 of the Road Traffic Act 2006 on the date those Regulations were purported to be made. | ||
(5) The Road Traffic (Construction and Use of Vehicles) (Amendment) Regulations 2018 ( S.I. No. 23 of 2018 ) shall be deemed to have been validly made under sections 5, 11 and 12 of the Act of 1961, sections 8 , 10 and 11 of the Road Traffic Act 1968 and section 2 of the Road Traffic Act 2006 on the date those Regulations were purported to be made. | ||
(6) Every act done, or purporting to have been done, under the Principal Regulations before the date of coming into operation of this section shall be deemed to be, and always to have been, valid and effectual for all purposes. | ||
(7) If subsection (6) would, but for this subsection, conflict with a constitutional right of any person, the operation of that subsection shall be subject to such limitation as is necessary to secure that it does not so conflict but shall otherwise be of full force and effect. |