Trunk Roads Act 1936

5 Delegation of road functions to local authorities.

(1) The Minister may by agreement with the council of any county, or of any borough, or urban district, delegate to the council all or any of his functions (including functions under the enactments mentioned in Part I of the Third Schedule to this Act) with respect to the maintenance, repair and improvement of, and other dealing with, any trunk road:

Provided that such functions shall not be delegated to the council of any borough or urban district with respect to any road outside the borough or district, as the case may be, nor shall they, except with the consent of the council of the county in which the road is situated, be delegated to the council of any county with respect to any road outside the county.

(2) Where in pursuance of this section functions are delegated to any council, the council shall in the discharge of those functions, act as agents for the Minister and in accordance with such conditions as he may-attach to the delegation, so, however, that among such conditions there shall be included the following conditions, that is to say:—

(a) that the works to be executed and the expenditure to be incurred by the council in the discharge of the delegated functions shall be subject to the approval of the Minister; and

(b) that the council shall comply with any requirement of the Minister as to the manner in which any such works are to be carried out, and with any directions of the Minister as to the terms of contracts to be entered into in pursuance of the delegated functions; and

(c) that any such works shall be completed to the satisfaction of the Minister;

and if at any time the Minister is satisfied that any trunk road with respect to which functions are so delegated is not in proper repair and condition, the Minister may serve on the council a notice requiring them to place the road in proper repair and condition within such time as may be specified in the notice, and if the notice is not complied with, the Minister may do anything that seems to him necessary to place the road in proper repair and condition.

(3) Any delegation to a council under the foregoing provisions of this section may be determined by a notice served on the council by the Minister, or may be relinquished by a notice served on the Minister by the council, so, however, that any such notice must be served before the first day of October in any year, and the determination or relinquishment shall take effect as from the first day of April in the next following year.

(4) For the purpose of securing continuity of administration during the period of two years following the thirty-first day of March nineteen hundred and thirty-seven, the Minister may, as soon as may be after the passing of this Act, by order provide that such of his functions with respect to the construction, maintenance, repair and improvement of, and other dealing with, trunk roads, as may be specified in the order shall be exercised by such councils and subject to such conditions (including conditions requiring delegation by county councils to the councils of county districts) as may be so specified :

Provided that—

(a) no order shall be made under this subsection except after consultation with such associations as appear to the Minister to represent the councils to whom functions are proposed to be assigned thereunder;

(b) any order made under this subsection shall be of no effect after the thirty-first day of March, nineteen hundred and thirty-nine.