(1)As from the date when a highway becomes a trunk road, any functions of construction, maintenance or improvement exercisable as respects that highway by a council under a local or private Act are to be deemed to have become exercisable by the Minister alone[F1 or a strategic highways company alone, whichever is highway authority for the trunk road (“the trunk road authority”),] and while the highway remains a trunk road they shall continue to be so exercisable.
(2)Where the Minister is satisfied that there has been conferred on a council by a local or private Act a function substantially similar to one conferred by a provision of this Act specified in Schedule 3 to this Act, he may, after consultation with the council, by order direct that, in relation to a trunk road, the function conferred by the local or private Act is to be exercisable in accordance with the following conditions:
(a)where the provision of the local or private Act is similar to a provision of this Act specified in Part I of the said Schedule 3, that it is to be exercisable by the [F2trunk road authority]only;
(b)where the provision of the local or private Act is similar to a provision of this Act specified in Part II of the said Schedule, that, in so far as it is exercisable by a council, it is to be exercisable by that council. . . F3, as well as by the [F4trunk road authority];
(c)where the provision of the local or private Act is similar to a provision of this Act specified in Part III of the said Schedule, that, in so far as it is exercisable by a council, it is to be exercisable by that council with the consent of the[F5trunk road authority]. . . F3, as well as by the [F5trunk road authority].
(3)Where the Minister makes an order under this section in relation to a function conferred by a provision of a local or private Act, and the provision of this Act by which a function substantially similar to the first-mentioned function is conferred is, in relation to a trunk road, subject to any modification, the provision of the local or private Act shall, in relation to a trunk road, be subject to a similar modification, and the Minister may by the same order specify the modification to which the provision of the local or private Act is accordingly to be subject.
Textual Amendments
F1Words in s. 11(1) inserted (5.3.2015) by Infrastructure Act 2015 (c. 7), s. 57(1), Sch. 1 para. 11(2); S.I. 2015/481, reg. 2(a)
F2Words in s. 11(2)(a) substituted (5.3.2015) by Infrastructure Act 2015 (c. 7), s. 57(1), Sch. 1 para. 11(3); S.I. 2015/481, reg. 2(a)
F3Words repealed by Local Government Act 1985 (c. 51, SIF 81:1), s. 102, Sch. 17
F4Words in s. 11(2)(b) substituted (5.3.2015) by Infrastructure Act 2015 (c. 7), s. 57(1), Sch. 1 para. 11(3); S.I. 2015/481, reg. 2(a)
F5Words in s. 11(2)(c) substituted (5.3.2015) by Infrastructure Act 2015 (c. 7), s. 57(1), Sch. 1 para. 11(3); S.I. 2015/481, reg. 2(a)
Modifications etc. (not altering text)
C1S. 11 modified (22.7.2008) by Transport for London Act 2008 (c. i), ss. 1, 32(1) (with ss. 32(2), 48)