The A65 Trunk Road (Draughton Bypass) Order 1989

Statutory Instruments

1989 No. 1735

HIGHWAYS, ENGLAND AND WALES

The A65 Trunk Road (Draughton Bypass) Order 1989

Made

14th September 1989

Coming into force

19th October 1989

The Secretary of State for Transport makes this Order in exercise of powers conferred by sections 10 and 41 of the Highways Act 1980(1), and now vested in him(2), and of all other enabling powers:

1.  The new highway which the Secretary of State proposes to construct along the route described in the Schedule to this Order shall become a trunk road as from the date when this Order comes into force.

2.  The centre line of the new trunk road is indicated by a heavy black line on the deposited plan.

3.  The Secretary of State directs as respects any part of a highway which crosses the route of the new trunk road that –

(a) where the highway is a highway maintainable at the public expense by a local highway authority, the part in question shall be maintained by that authority; and

(b) where the highway is not a highway so maintainable and is not maintainable under a special enactment or by reason of tenure, enclosure or prescription, the Secretary of State shall be under no duty to maintain the part in question,

until, in either case, a date to be specified in a notice given by the Secretary of State to the highway authority for that highway. The date specified will not be later than the date on which the route of the new trunk road is opened for the purpose of through traffic.

4.  The Liverpool-Preston-Leeds Trunk Road (Draughton and other Diversions) Order 1938(3) is hereby revoked.

5.  In this Order:-

All measurements of distance are measured along the route of the relevant highway; and

(i) “the deposited plan” means the plan numbered HA10/YHRO 8, marked “The A65 Trunk Road (Draughton Bypass) Order 1989”, signed by authority of the Secretary of State and deposited at the Department of Transport, Romney House, 43 Marsham Street, London SW1P 3PY.

(ii) “the new trunk road” means the highway mentioned in article 1 of this Order; and

(iii) “the Trunk Road” means the Liverpool-Preston-Leeds Trunk Road (A65).

6.  This Order shall come into force on 19th October 1989 and may be cited as the A65 Trunk Road (Draughton Bypass) Order 1989.

Signed by authority of the Secretary of State

J. F. Ballard

Regional Director Yorkshire & Humberside Region

Department of Transport

14th September 1989

SCHEDULE

A route about 1.6 kilometres in length, starting at a point on the Trunk Road (marked “A” on the deposited plan) 370 metres east of the entrance to Ellenber Farm, then going in an easterly direction to a point on the Trunk Road (marked 'B' on the deposited plan) 95 metres east of its junction with the centre line of Height Lane in the District of Craven in the County of North Yorkshire.

(1)

1980 c. 66.

(2)

S.I. 1981/238.

(3)

S.I. 1938/1264.