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Part IU.K. New Roads in England and Wales

GeneralE+W

25 Application of provisions of the Highways Act 1980, &c.E+W

(1)The following provisions of the M1Highways Act 1980 apply for the purposes of this Part as if it were a part of that Act—

(2)Nothing in this Part shall be construed as restricting the powers of a highway authority with respect to a road subject to a concession—

(a)as to the matters which may be provided for in the concession agreement or as to the making of agreements of any other description for any purpose connected with the special road; or

(b)as to the acquisition, by agreement or compulsorily, of any land which in the opinion of the authority is required, in connection with the road, for any purpose for which the authority may acquire land under Part XII of the Highways Act 1980.

(3)Nothing in a concession agreement shall be construed as affecting the status of the road subject to the concession as a highway maintainable at the public expense.

Marginal Citations

26 Interpretation.E+W

(1)In this Part the following expressions have the same meaning as in the Highways Act 1980—

and “special road scheme” means a scheme under section 16 of that Act authorising the provision of a special road.

(2)Where a concession agreement is entered into jointly by two or more local highway authorities, references in this Part to the highway authority shall be construed—

(a)as references to each of those authorities in relation to times, circumstances and purposes before the special road scheme becomes operative, and

(b)in relation to times, circumstances and purposes after the special road scheme becomes operative, as references to the authority which in accordance with the scheme is the special road authority.

(3)The expressions listed below are defined or otherwise fall to be construed for the purposes of this Part in accordance with the provisions indicated—

concession agreementsection 1(1)
concessionairesections 1(1) and 5(1)
extension toll ordersection 12(1)
highway authoritysection 26(1) and (2)
local highway authoritysection 26(1)
road subject to a concessionsection 1(2)
special roadsection 26(1)
special road authoritysection 26(1)
special road schemesection 26(1)
toll ordersection 6
toll periodsection 7
trafficsection 26(1).

Commencement Information

I1S. 26 wholly in force at 01.11.1991, see s. 170 and S.I. 1991/2288, art.3, Sch.