Subordinate Legislation Made
P1Sch. 23: for earlier exercises of power under Sch. 23, see Index to Government Orders
2E+WSection 11(1) of this Act applies to a highway which at the commencement of this Act is a trunk road as it applies to a highway which becomes a trunk road after the said commencement.
3(1)The provisions of this Act (except section 19) and of paragraph 5 of Schedule 5 to the M1Town and Country Planning Act 1971 apply in relation to the trunk roads described in sub-paragraph (2) below, which are trunk roads by virtue of orders made under section 1 of the M2Trunk Roads Act 1946, as if they were special roads provided by the Minister in pursuance of schemes made under section 16 of this Act for the use of traffic of the classes specified in the third column of the table in sub-paragraph (2) below.E+W
(2)The trunk roads referred to in sub-paragraph (1) above are the trunk roads for which provision was made by the orders specified in the first column of the following table (referred to below as “the original orders”), as those roads are now constituted, having regard to any orders or schemes varying the original orders:
| Original order | Description of Road | Class of Traffic (as described in Schedule 4) |
|---|---|---|
| S.R. & O. 1947, No. 2248. | Stevenage By-Pass, part of A1(M) motorway. | Classes I and II. |
| S.R. & O. 1947, No. 1562. | Severn Bridge and adjoining sections of M4 motorway. | For main carriageways: Classes I and II. For cycle track on Severn Bridge: Classes VII, X and XI. For footway on Severn Bridge: Class IX. |
| S.I. 1948, No. 924. | Haysgate to Crick, part of M4 motorway. | Classes I and II. |
| S.I. 1948, No. 62. | Newport By-Pass, part of M4 motorway. | Classes I and II. |
| S.I. 1949, No. 2360. | Twyning to Lydiate Ash, part of M5 motorway. | Classes I and II. |
| S.I. 1949, No. 2459. | Port Talbot By-Pass, part of M4 motorway. | Classes I and II. |
(3)Without prejudice to the generality of sub-paragraph (1) above, the power (under section 14 of the M3Interpretation Act 1978) to revoke or amend schemes under section 16 of this Act includes power to revoke or amend any of the original orders and to amend the provisions of the third column of the table in sub-paragraph (2) above.
4(1)Any order under section 1(3) of the M4Trunk Roads Act 1936 (power to provide that a road superseding part of a trunk road should itself become a trunk road) continued in force by paragraph 29 of Schedule 24 to the M5Highways Act 1959, and still in force (whether or not varied under that paragraph) immediately before the commencement of this Act, continues in force and may be varied or revoked by a subsequent order made in the like manner and subject to the like provisions.E+W
(2)Schedule 2 to this Act has effect as to the validity and date of operation of an order made under this paragraph.
(3)If an order under the said section 1(3) continued in force by sub-paragraph (1) above provides that on a date specified therein a route described therein is to become a trunk road and the order is revoked or varied by an order under this paragraph at any time before the route is opened for the purposes of through traffic, the revoking or varying order is not to be deemed for the purposes of section 2 of this Act to be an order directing that a trunk road is to cease to be a trunk road.
5(1)Any order under section 4 of the M6Trunk Roads Act 1946 (certain powers relating to side roads connected with trunk roads) continued in force by paragraph 30 of Schedule 24 to the Highways Act 1959 and still in force (whether or not varied under that paragraph) immediately before the commencement of this Act, continues in force and the provisions of subsections (1) to (3) of the said section 4 continue to apply to them as if that section had not been repealed.E+W
(2)Subject to sub-paragraph (3) below, an order under the said section 4 continued in force by sub-paragraph (1) above may be varied or revoked by a subsequent order made in the like manner and subject to the like provisions.
(3)Parts I and III of Schedule 1 to this Act have effect as to the making of an order under this paragraph as they have effect as to the making of an order in relation to a trunk road under section 14 of this Act; and Schedule 2 to this Act has effect as to the validity and date of operation of an order under this paragraph.
(4)Section 265 of this Act applies in relation to a highway for which any council become the highway authority by virtue of an order under the said section 4 or this paragraph as if it had previously been a trunk road.
Marginal Citations