The Local Government (Road Traffic and Highways) (Transitional Provisions) Order 1974

Division of instruments affecting highways

5.  Where provision as respects any length of highway outside Greater London is contained in an instrument made, submitted or published in draft, by an existing local authority before 1st April 1974 under any enactment and on and after that date part of that length is situated in the area of one new local authority and another part of that length is situated in the area of another new local authority, so that, if such provision had been made on or after that date as respects that length, separate instruments made, submitted or published in draft by each of those new local authorities would have been required, then—

(a) the instrument made, submitted or published in draft before 1st April 1974 by the existing local authority shall have effect on and after that date as such number of separate instruments as would then be required for that provision, each instrument relating to the part of that length of highway situated in the area of one new local authority and containing references to the appropriate new local authority instead of references to the existing local authority, and

(b) if the instrument is an order or scheme in relation to which some, but not all, of the necessary procedural steps have been taken before that date—

(i) any notice given or published and any other document made or issued in connection with the order or scheme before that date shall similarly have effect on and after that date as such number of separate notices and documents (each containing references to the appropriate new local authority) as may be requisite,

(ii) any remaining procedural steps required to be taken by the local authority may be carried out separately by the several authorities concerned, and

(iii) the orders and schemes as made, confirmed or approved shall (so far as practicable) reflect the division into separate instruments.