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This is a draft item of legislation and has not yet been made as a UK Statutory Instrument. This draft has been replaced by a new draft, The Contracting Out (Highway Functions) Order 2009 ISBN 978-0-11-147304-7
28. Functions conferred on the Secretary of State or a local highway authority, by or under section 5(1) or (2) of the Parish Councils Act 1957(1) (provisions as to consents and access).
1957 c.42. Section 5(1) of this Act (“the 1957 Act”) was amended by the Road Traffic Act 1960 (c.16), section 267(1) and Schedule 18 and by the Local Government Act 1985 (c.51), section 8 and Schedule 4, Part II, paragraph 49. The Minister of Transport and Civil Aviation referred to in section 5(1) is now the Secretary of State (S.I. 1981/238). All functions of a Minister of the Crown under the 1957 Act, so far as exercisable in relation to Wales, were transferred to the National Assembly for Wales by the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672), article 2 and Schedule 1. Following the repeal of the Government of Wales Act 1998 (c.38), sections 22 and 155(2), that Order has effect as if made under the Government of Wales Act 2006 (c.32) (“the 2006 Act”), sections 58 and 158(3), by virtue of Schedule 11, paragraph 26(1) and (3), to that Act. The functions of the National Assembly for Wales under the 1957 Act are transferred to the Welsh Ministers by virtue of the 2006 Act, Schedule 11, paragraph 30.
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