Trunk Roads Act 1946

8 Miscellaneous provisions relating to trunk roads

(1) The power of the Minister to delegate functions under subsection (1) of section five of the principal Act shall include power, with the consent of the council of the county, county borough or metropolitan borough in which the road is situated, to delegate to the council of a borough or urban district functions with respect to a trunk road outside that borough or district.

(2) Nothing in section five or section six of the principal Act shall be construed as limiting the power of the Minister to enter into and carry into effect agreements with any authority or person for any purpose connected with the construction, improvement, maintenance or other dealing with a trunk road or otherwise connected with his functions under the principal Act or this Act:

Provided that no such agreement shall provide for the delegation of powers or duties of the Minister except in accordance with the provisions of the said section five.

(3) For the purpose of the drainage of a trunk road, the Minister may exercise any powers exercisable by a local authority under the [26 Geo. 5 & 1 Edw. 8. c. 49.] Public Health Act, 1936, or, in the case of a road in the County of London, under the [26 Geo. 5 & 1 Edw. 8. c. 50.] Public Health (London) Act, 1936, for the purposes of the drainage of highways within the area of that authority.

(4) The provisions of the [15 & 16 Geo. 5. c. 22.] Land Charges Act, 1925, with respect to the registration of local land charges shall apply to any prohibition or restriction on the use of land or buildings imposed by the Minister in relation to a trunk road—

(a) by a notice served by him under section four of the [15 & 16 Geo. 5. c. 68.] Roads Improvement Act, 1925; or

(b) by the prescription of a building line under section five of the last mentioned Act or of an improvement line under section thirty-three of the [15 & 16 Geo. 5. c. 71.] Public Health Act, 1925,

as if the notice or prescription were a local land charge, and any such prohibition or restriction shall be registered accordingly by the proper officer of the local authority within whose area the land to which it relates is comprised.

(5) For the purposes of subsection (1) of section three of the Act of 1935, the restrictions specified in section two of that Act shall, in a case where those restrictions apply to a road by virtue only of subsection (2) of section four of the principal Act, or of that subsection as applied by section four of this Act, be deemed to have been first published—

(a) where the road becomes a trunk road by virtue of an order made under section one of this Act, or where the said subsection (2) applies thereto by virtue of an order made under section four of this Act, on the date on which notice of the draft order is published in accordance with the provisions of the Second Schedule to this Act ;

(b) where the road becomes a trunk road under this Act otherwise than by virtue of such an order, on the date on which it becomes a trunk road ;. and

(c) where the road became a trunk road by virtue of an order made under any of the provisions of the principal Act, on the date on which the road became a trunk road.

(6) Subsection (7) of section three of the principal Act (which continues the liability of any authority or person to maintain and repair any road which immediately before it became a trunk road was not repairable by a local authority) shall cease to have effect in relation to the Menai Bridge and the road carried thereby.