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(1)It shall be the duty of [F1every] local authority upon whom functions are conferred by or under this Act, so to exercise the functions conferred on them by this Act as (so far as practicable having regard to the matters specified in subsection (2) below) to secure the expeditious, convenient and safe movement of vehicular and other traffic (including pedestrians) and the provision of suitable and adequate parking facilities on and off [F2the highway or, in Scotland the road].
(2)The matters referred to in subsection (1) above as being specified in this subsection are—
(a)the desirability of securing and maintaining reasonable access to premises;
(b)the effect on the amenities of any locality affected and (without prejudice to the generality of this paragraph) the importance of regulating and restricting the use of roads by heavy commercial vehicles, so as to preserve or improve the amenities of the areas through which the roads run;
[F3(bb)the strategy prepared under section 80 of the Environment Act 1995 (national air quality strategy);]
(c)the importance of facilitating the passage of public service vehicles and of securing the safety and convenience of persons using or desiring to use such vehicles; and
(d)any other matters appearing to F4. . . the local authority F4. . . to be relevant.
[F5(3)The duty imposed by subsection (1) above is subject to the provisions of Part II of the Road Traffic Act 1991.]
Textual Amendments
F1Word in s. 122(1) substituted by Local Government Act 1985 (c. 51, SIF 81:1),ss. 1, 2, 8(1), Sch. 5 para. 4(34)
F2Words in s. 122(1) substituted (1.11.1991) by New Roads and Street Works Act 1991 (c. 22, SIF 59, 108), s. 168(1), Sch. 8 para. 71; which is in force for Scotland only by S.I. 1991/2286, art. 2(2), Sch. 2 and for England and Wales only by S.I. 1991/2288, art. 3, Sch.
F3S. 122(2)(bb) inserted (1.2.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 36(3) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 2
F4Words in s. 122(2)(d) repealed by Local Government Act 1985 (c. 51, SIF 81:1), ss. 1, 102(2)(3), Sch. 17
F5S. 122(3) added (1.10.1991) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 81, Sch. 7, para. 7; S.I. 1991/2054, art. 3, Sch.
Modifications etc. (not altering text)
C1S. 122 excluded by Local Government Act 1985 (c. 51, SIF 81:1), ss. 1,2, 8(2), Sch. 5 para. 9
C2S. 122 applied by Road Traffic Act 1988 (c. 52, SIF 107:1), s. 19A (8) (as inserted by Road Traffic (Consequential Provisions) Act 1988 (c. 54, SIF 107:1), s. 4, Sch. 2 para. 22(1))
C3S. 122 applied (3.7.2000) by 1991 c. 40, s. 74(11) (as inserted (3.7.2000) by 1999 c. 29, s. 284 (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2, Sch.)
C4S. 122(2)(c) modified (24.7.2001) by S.I. 2001/3627, art. 53(5)
S. 122(2)(c) modified (11.2.2005) by the Merseytram (Liverpool City Centre to Kirkby) Order 2005 (S.I. 2005/120), {art. 46(5} (with arts. 65, 66)
S. 122(2)(c) modified (22.3.2005) by The Midland Metro (Wednesbury to Brierley Hill and Miscellaneous Amendments) Order 2005 (S.I. 2005/927), art. 44(5) (with art. 51)
S. 122(2)(c) modified (S.) (27.4.2006) by Edinburgh Tram (Line Two) (asp 6), {s. 58(5)} (with s. 75)
S. 122(2)(c) modified (S.) (8.5.2006) by Edinburgh Tram (Line One) (asp 7), {s. 58(5)} (with ss. 76, 84)
C5S. 122(2)(c) modified (9.6.2009) by The Nottingham Express Transit System Order 2009 (S.I. 2009/1300), art. 49(5) (with art. 84, Sch. 16)