The Northampton Gateway Rail Freight Interchange Order 2019

Classification of highways E+W+S

15.—(1) The new highways described in Part 1 of Schedule 7 (new highways) are to be—

(a) classified as set out in column (3) of Part 1 of Schedule 7 for the purpose of any enactment or instrument which refers to highways classified as such; and

(b) provided for the use of the classes of traffic defined in Schedule 4 (classes of traffic for purposes of special roads) to the 1980 Act as set out in column (4) of Part 1 of Schedule 7.

(2) From the date on which the undertaker notifies the Secretary of State that the new highways described in Part 1 of Schedule 7 have been completed, as evidenced by issue of the provisional certificate in accordance with paragraph 6 of Part 2 and paragraph 6 of Part 3 of Schedule 13 (protective provisions), or are open for through traffic, whichever is the earliest—

(a) the body set out in column (5) of Part 1 of Schedule 7 is the highway authority for those highways; and

(b) the new highways identified as special roads in column (3) of Part 1 of Schedule 7 are classified as trunk roads for the purpose of any enactment or instrument which refers to highways classified as trunk roads.

(3) From the occurrence of the event set out in column (4) of Part 2 of Schedule 7 (existing highways), the existing highways described in columns (1) and (2) of Part 2 of Schedule 7 are to cease to have the classification and be the responsibility of the relevant highway authority set out in column (3) of Part 2 of Schedule 7 and are to be—

(a) classified as set out in column (5) of Part 2 of Schedule 7 for the purpose of any enactment or instrument which refers to highways classified as such;

(b) provided for the use of the classes of traffic defined in Schedule 4 to the 1980 Act as set out in column (6) of Part 2 of Schedule 7; and

(c) the responsibility of the relevant highway authority set out in column (7) of Part 2 of Schedule 7 subject only to any maintenance obligation imposed on the undertaker in Parts 2 and 3 of Schedule 13,

as if such classification had been made under sections 10(2)(1) and 12(3) of the 1980 Act.

Commencement Information

I1 Art. 15 in force at 30.10.2019, see art. 1

(1)

Section 10(2) was amended by section 22(2)(a) of the New Roads and Street Works Act 1991 (c. 22).