Greater London Authority Act 1999

Order extinguishing right to use vehicles on highway U.K.

5 (1) Section 249 shall be amended as follows. U.K.

(2) In subsection (1)(b) (cases where section 249 applies) after “trunk road” there shall be inserted “ , a GLA road ”.

(3) At the beginning of subsection (2) (Secretary of State’s power to extinguish rights to use a highway affected by improvement of amenity of area) there shall be inserted “ Where the public is to cease to have such a right of way at a place outside Greater London, ”.

(4) After subsection (2) there shall be inserted—

“(2A) Where—

(a) the public is to cease to have such a right of way at a place within a London borough, and

(b) the conditions mentioned in subsection (2B)(a) or (b) are satisfied,

the council of that borough may by order provide for the extinguishment of any right which persons may have to use vehicles on that highway.

(2B) The conditions are that—

(a) the council is a local planning authority for the place where the right of way is to cease and it resolves that the right should be extinguished, or

(b) another authority is a local planning authority for that place and, having resolved to do so, it applies to the council of the borough for the right to be extinguished.”

(5) In subsection (3) (power to provide for continuance of specified rights on highway where general right of use is extinguished)—

(a) after “subsection (2)” there shall be inserted “ or (2A) ”, and

(b) after “Secretary of State” there shall be inserted “ or, as the case may be, the council of the London borough ”.

(6) In subsection (5) (order under section 249 not to be prejudiced by any other enactment) after “subsection (2)” there shall be inserted “ or (2A) ”.

(7) In subsection (6) (revocation of order under section 249 upon application by local planning authority)—

(a) after “subsection (2)” there shall be inserted “ or (2A) ”,

(b) after “Secretary of State” there shall be inserted “ or, as the case may be, the council of the borough ”,

(c) for “he” in the first place where it occurs there shall be substituted “ the Secretary of State or council ”, and

(d) for “he does so” there shall be substituted “ the order is revoked ”.

(8) In subsection (8) (requirement for local planning authority to consult before applying for order to be revoked) after “subsection (2)” there shall be inserted “ , (2A) ”.

(9) In subsection (9) (application of section 247 to order made under section 249) after “subsection (2)” there shall be inserted “ , (2B) ”.