The A31 Trunk Road (Ashley Heath Grade Separated Junction) Order 1993

Statutory Instruments

1993 No. 116

HIGHWAYS, ENGLAND AND WALES

The A31 Trunk Road (Ashley Heath Grade Separated Junction) Order 1993

Made

21st January 1993

Coming into force

5th February 1993

The Secretary of State for Transport makes this Order in exercise of powers conferred by sections 10, 12 and 41 of the Highways Act 1980(1), and now vested in him(2), and of all other enabling powers:—

1.  This Order shall come into force on 5th February 1993 and may be cited as the A31 Trunk Road (Ashley Heath Grade Separated Junction) Order 1993.

2.  The new highway which the Secretary of State proposes to construct along the route described in Schedule 1 to this Order shall become a trunk road as from the date when this Order comes into force.

3.  The centre line of the new trunk road is indicated by a heavy black line on the deposited plan.

4.  The Secretary of State directs as respects any part of a highway which crosses the route of the new trunk road that—

(a) where the highway is a highway maintainable at the public expense by a local highway authority, the part in question shall be maintained by that authority; and

(b) where the highway is not a highway so maintainable and is not maintainable under a special enactment or by reason of tenure, enclosure or prescription, the Secretary of State shall be under no duty to maintain the part in question,

until, in either case, a date to be specified in a notice given by the Secretary of State to the highway authority for that highway. The date specified will not be later than the date on which the new trunk road is opened for traffic.

5.  The length of the trunk road described in Schedule 2 to this Order and shown by broad striped hatching on the deposited plan shall cease to be a trunk road and shall be classified as a principal road as from the date on which the Secretary of State notifies the County Council of Dorset that the new trunk road is open for through traffic.

6.  In this Order—

(1) all measurements of distance are measured along the route of the relevant highway;

(i) “the deposited plan” means the plan numbered HA10/2/SWM76 marked “The A31 Trunk Road (Ashley Heath Grade Separated Junction) Order 1993” signed by authority of the Secretary of State for Transport and deposited at the Department of Transport, Romney House, 43 Marsham Street, London SW1P 3PY;

(ii) “the new trunk road” means the highway mentioned in article 1 of this Order;

(iii) “principal road” as a classification for a highway, means that the highway is a principal road for the purposes of enactments and instruments which refer to high-ways classified as principal roads and is also classified for the purpose of every other enactment and instrument which refers to highways classified by the Secretary of State; and

(iv) “the trunk road” means the A31 Trunk Road.

Signed by authority of the Secretary of State for Transport

Elisabeth Hopkins

Regional Director South West Region

Department of Transport

21st January 1993

SCHEDULE 1 ROUTE OF THE NEW TRUNK ROAD

The route of the new trunk road is at Ashley Heath in the County of Dorset and is about 700 metres in length, from a point on the trunk road approximately 240 metres west of the western side of Ashley Heath Roundabout continuing within the boundaries of the existing trunk road in an easterly direction to a point approximately 405 metres east of the eastern side of Ashley Heath Roundabout.

SCHEDULE 2 LENGTH OF TRUNK ROAD CEASING TO BE A TRUNK ROAD

The length of trunk road ceasing to be a trunk road is a length of approximately 320 metres and comprises the existing Ashley Heath Roundabout.

(1)

1980 c. 66.

(2)

S.I. 1981/238.