Part X General and Supplementary Provisions

131 Application of road traffic enactments to Crown roads.

1

The F3relevant authority may, with the consent of the appropriate Crown authority or authorities concerned, by order direct that, subject to subsection (3) below and to such exceptions, adaptations and modifications appearing to F5the relevant authority to be necessary or expedient as may be specified in the order, all or any of the road traffic enactments shall apply to all Crown roads, or to any specified Crown road or Crown roads, or to Crown roads of a specified class, as they apply in relation to other roads to which the public has access.

2

Without prejudice to the generality of subsection (1) above, but subject to subsection (3) below, any order under subsection (1) above with respect to any of the road traffic enactments may in particular include provision—

a

for enabling functions with respect to a road exercisable under the enactment in question by the local authority or the F1local traffic authority to be exercised with respect to a Crown road by the appropriate Crown authority or by a particular local authority or F1local traffic authority;

b

for enabling power to make an order, regulation or scheme under the enactment in question with respect to a Crown road, which would otherwise be exercisable by a local authority or F1local traffic authority, to be exercised instead by the F3relevant authority , and for requiring the consent of the F3relevant authority to the variation or revocation by any other authority of such an order, regulation or scheme made by F6the relevant authority ;

c

for a certificate of the appropriate Crown authority or of the F3relevant authority that F7the appropriate Crown authority or F3relevant authority has, or has not, consented to the doing of anything for which under the order or under this section the consent of F7the appropriate Crown authority or (as the case may be) of the F3relevant authority is required to be evidence (and, in Scotland, sufficient evidence) of the facts stated;

d

for exempting from any provision of the enactment in question persons and vehicles on a Crown road in the service of the Crown or of an agent of the Crown.

3

No order, regulation or scheme in relation to a Crown road shall be made, varied or revoked under any of the road traffic enactments by virtue of an order under subsection (1) above except by, or with the consent of, the appropriate Crown authority.

4

With a view to the avoidance of doubt, the road traffic enactments specified in an order under subsection (1) above may include any provision of those enactments notwithstanding that it would have applied in relation to Crown roads apart from the making of the order; and inclusion in the order of a provision which would so have applied shall not prejudice anything done under that provision in relation to a Crown road before the coming into operation of the order.

5

Any power to make an order under subsection (1) above shall be exercisable by statutory instrument which shall be suabject to annulment in pursuance of a resolution of either House of Parliament.

6

Subsection (1) above shall have effect without prejudice to the provisions of section 132 of this Act in relation to certain Crown roads; and nothing in this section shall prejudice any enactment (in addition to this section and that section) which relates to Crown roads.

7

In this section and in section 132 of this Act—

a

“appropriate Crown authority”, in relation to a Crown road—

i

in the case of a road on land belonging to Her Majesty in right of the Crown, means the Crown Estate Commissioners or other government department having the management of that land F9or the relevant person ;

ii

in the case of a road on land belonging to Her Majesty in right of the Duchy of Lancaster, means the Chancellor of the Duchy;

iii

in the case of a road on land belonging to the Duchy of Cornwall, means such person as the Duke of Cornwall or the possessor for the time being of the Duchy of Cornwall appoints;

iv

in the case of a road on land belonging to a government department or held in trust for Her Majesty for the purposes of a government department, means that department;

and if any question arises under this paragraph as to what authority is the appropriate Crown authority in relation to any Crown road, that question shall be referred to the Treasury, whose decision shall be final;

b

“Crown road” means a road, other than F2a highway or, in Scotland a public road, to which the public has access by permission granted by the appropriate Crown authority or otherwise granted by or on behalf of the Crown; and

c

“road traffic enactments” means enactments (whether passed before or after or contemporaneously with or contained in this Act) relating to road traffic, including the lighting and parking of vehicles, and any order or other instrument having effect by virtue of any such enactment.

F48

In this section “relevant authority”—

a

in relation to functions under this section so far as exercisable within devolved competence (within the meaning of the Scotland Act 1998), means the Scottish Ministers;

b

otherwise, means the Secretary of State.

F89

In this section, “relevant person”, in relation to any land to which section 90B(5) of the Scotland Act 1998 applies, means the person who manages that land.