The GLA Roads (Continuity of Orders etc.) Order 2000

Statutory Instruments

2000 No. 2615

LONDON GOVERNMENT

HIGHWAYS, ENGLAND

The GLA Roads (Continuity of Orders etc.) Order 2000

Made

23rd September 2000

Laid before Parliament

26th September 2000

Coming into force

18th October 2000

The Secretary of State for the Environment, Transport and the Regions, in exercise of the powers conferred by sections 405(2) and 406 of the Greater London Authority Act 1999(1) and of all other powers enabling him in that behalf, hereby makes the following Order:

Citation and commencement

1.  This Order may be cited as the GLA Roads (Continuity of Orders etc.) Order 2000 and shall come into force on 18th October 2000.

Interpretation

2.  In this Order—

“the 1980 Act” means Highways Act 1980(2);

“proposed trunk road” means a proposed highway which was, on 3rd July 2000, the subject of a relevant line order but had not been constructed and opened to public traffic;

“relevant line order” means an order under section 10 of the 1980 Act directing that a highway proposed to be constructed by the Secretary of State in Greater London is to be a trunk road;

“relevant side roads order” means an order made by the Secretary of State under section 14 of the 1980 Act in relation to a highway or proposed highway in Greater London which was a trunk road at the time the order was made;

“relevant compulsory purchase order” means an order authorising the Secretary of State in relation to a highway or proposed highway in Greater London to acquire land or rights over land compulsorily for any purpose for which he has power to acquire land under Part XII of the 1980 Act; and

the words “highway”, “proposed highway” and “trunk road” shall be construed in accordance with the 1980 Act, but shall not be taken as referring to a highway or proposed highway or trunk road which is or is to be a special road.

Continuity of orders

3.—(1) A relevant line order relating to a proposed trunk road shall have effect as if it were an order made by the Mayor under section 14B of the 1980 Act directing that the proposed highway should become a GLA road on the coming into force of this Order.

(2) A relevant side roads order shall have effect as if for references in the order to the Secretary of State there were substituted references to Transport for London.

(3) A relevant compulsory purchase order shall have effect as if for references in the order to the Secretary of State there were substituted references to Transport for London.

(4) The provisions of this article are without prejudice to the provisions of section 415 of the Greater London Authority Act 1999.

Transfer of property, rights and liabilities

4.  The GLA Roads and Side Roads (Transfer of Property etc.) Order 2000(3) shall apply in relation to a proposed trunk road as it applies in relation to a GLA road and references in that Order, as so applied, to the operative date shall be taken as references to the date on which this Order comes into force.

Town and Country Planning Act 1990

5.  Development carried out by Transport for London for the purpose of executing works—

(a) for the construction of a highway which is to be a GLA road by virtue of article 3(1) this Order; or

(b) authorised by a relevant side roads order.

shall be treated for the purposes of the Town and Country Planning Act 1990 as development carried out by the Secretary of State.

Signed by authority of the Secretary of State.

Keith Hill

Parliamentary-Under Secretary of State,

Department of the Environment,Transport and the Regions

23rd September 2000

Explanatory Note

(This note is not part of the Order)

Article 3 of this Order provides for orders of specified types relating to non-motorway trunk roads in Greater London to have effect as if they referred to Transport for London in place of the Secretary of State and article 4 provides for the transfer of associated property, rights and liabilities. Article 5 puts Transport for London in the same position as the Secretary of State under the Town and Country Planning Act 1990 with regard to the carrying out of development in pursuance of such orders.

(1)

1999 c. 29.

(2)

1980 c. 66.

(3)

S.I. 2000/1552.