The M54 to M6 Link Road Development Consent Order 2022

Classification of roads etc.

11.—(1) The roads described in Part 1 (special roads) of Schedule 3 (classification of roads etc.) are to be—

(a) classified as special roads for the purposes of any enactment or instrument which refers to highways classified as special roads; and

(b) provided for the use of traffic of Classes I and II of the classes of traffic set out in Schedule 4 (classes of traffic for purposes of special roads) to the 1980 Act.

(2) From the date on which the undertaker notifies the Secretary of State that the roads described in Part 1 (special roads) of Schedule 3 have been completed and are open for traffic—

(a) the undertaker is the highway authority for those roads; and

(b) they are classified as trunk roads for the purpose of any enactment or instrument which refers to highways classified as trunk roads.

(3) From the date on which the authorised development is open for traffic the roads described in Part 2 (trunk roads) of Schedule 3 are to become trunk roads as if they had become so by virtue of an order under section 10(2)(1) (general provisions as to trunk roads) of the 1980 Act specifying that date as the date on which they were to become trunk roads.

(4) From the date on which the authorised development is open for traffic the roads described in Part 3 (classified roads) of Schedule 3 are to become classified roads for the purposes of any enactment or instrument which refers to highways classified as classified roads as if such classification has been made under section 12(3) (general provisions as to principal and classified roads) of the 1980 Act.

(5) From the date on which the authorised development is open for traffic the roads described in Part 4 (unclassified roads) of Schedule 3 are to become unclassified roads for the purpose of any enactment or instrument which refers to unclassified roads.

(6) From the date on which the roads specified in Part 5 (speed limits: new roads) of Schedule 3 are open for traffic, no person is to drive any motor vehicle at a speed exceeding the limit in miles per hour specified in column (2) of that part along the lengths of the road identified in the corresponding row of column (1) of the Part.

(7) The public rights of way described in Part 6 (public rights of way) of Schedule 3 and identified in the streets, rights of way and access plans are to be constructed by the undertaker in the specified locations and open for use from—

(a) the date on which the authorised development is open for traffic; or

(b) such date as soon as reasonably practicable after the construction of the public right of way as may be agreed by the undertaker and the local highway authority.

(8) From a date to be determined by the undertaker, which must be no later than three months after the date on which the authorised development is open for traffic, no person is to drive a motor vehicle at a speed exceeding the limit in miles per hour specified in column (3) of Part 7 (speed limits: realigned road) of Schedule 3 along the length of road identified in the corresponding row of column (2) of that Part and the restriction made under this paragraph is to have effect as if duly made by the traffic authority for that length of road as an order under section 84(2) (speed limits on roads other than restricted roads) of the 1984 Act.

(9) From a date to be determined by the undertaker, which must be no later than three months after the date on which the authorised development is open for traffic, the order specified in column (3) of Part 8 (variation of existing traffic regulation orders) of Schedule 3 is to have effect with the variation specified in the corresponding row of column (4) of that Part in respect of the lengths of roads specified in the corresponding row of column (2) of that Part.

(10) The application of paragraphs (1) to (9) may be varied or revoked by any instrument made under any enactment which provides for the variation or revocation of such matters, including by an instrument made under the 1984 Act where the matter in question could have been included in an order made under that Act.

(1)

Section 10(2) was amended by section 22(2)(a) of the 1991 Act and by section 1(6) of, and paragraphs 1 and 10(1) and (2) of Schedule 1 to, the Infrastructure Act 2015 (c. 7).

(2)

Section 84 was amended by section 168(1) of, and paragraph 61(2) of, Schedule 8 to the New Roads and Street Works Act 1991 (c. 22), section 45 of the Road Traffic Act 1991 (c. 40) and Section 57(1) of the Infrastructure Act 2015 (c. 7).