93 Powers of Secretary of State in relation to functions under s. 92.E+W+S
[F1(1)by virtue of an order under section 92(1) the Secretary of State has power to place bollards or other obstructions at a point on a road, he may authorise or require the traffic authority for any other road leading into or crossing that road at that point to place the bollards or other obstructions on that other road.]
(2)The Secretary of State may authorise or require [F2a local traffic authority] who have placed bollards or other obstructions on a road in pursuance of section 92 of this Act or this section to remove them.
(3)If [F2a local traffic authority] fail to comply with any requirement imposed under this section to carry out any work, the Secretary of State may himself carry out the work; and the expense incurred by him in doing so shall be recoverable by him from the authority and, in England or Wales, shall be so recoverable summarily as a civil debt.
(4)Any requirement imposed under this section—
(a)if relating to a road in England or Wales, shall be enforceable on the application of the Secretary of State by order of mandamus; or
(b)if relating to a road in Scotland, shall be enforceable by order of the Court of Session on an application by the Lord Advocate under section 91 of the M1Court of Session Act 1868.
(5)Any power conferred by this section to authorise or require an authority to place an obstruction includes power to authorise or require the authority to maintain or light it.
(6)Subsection (6) of section 92 of this Act shall apply for the purposes of this section as it applies for the purposes of that section.
Textual Amendments
F1S. 93(1) substituted (1.11.1991) by New Roads and Street Works Act 1991 (c. 22, SIF 59, 108), s. 168(1), Sch. 8 para. 66(2); which substitution 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.
F2Words in s. 93(2) and (3) substituted (1.11.1991) by New Roads and Street Works Act 1991 (c. 22, SIF 59, 108), s. 168(1), Sch. 8 para. 66(3); which substitution 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.
Modifications etc. (not altering text)
C1S. 93: transfer of functions (6.5.1999) by S.I. 1999/901, art. 5, Sch.
Marginal Citations
M11868 c. 100(36:1).