40.—(1) From the date on which the roads described in the paragraphs of Schedule 7 (classification of roads, etc.) and listed in column (1) of the table below are completed and open for traffic, those roads with the corresponding classification in column (2) of that table that are described as—
(a)special roads, are to become special roads as if they had become so by virtue of an order made under section 16(3) (general provision as to special roads) of the 1980 Act specifying that date as the date on which they were to become special roads;
(b)trunk roads, are to become trunk roads as if they had become so by virtue of an order made under section 10(2)(1) (general provision as to trunk roads) of the 1980 Act specifying that date as the date on which they were to become trunk roads;
(c)classified roads, are to be classified as set out in that Part and are to be a classified road for the purpose of any enactment or instrument which refers to highways classed as classified roads, as if such classification had been made under section 12(3) (general provision as to principal and classified roads) of the 1980 Act;
(d)unclassified roads, are to be unclassified; and
(e)a quiet lane, is to become a quiet lane as if it had been designated as a quiet lane by virtue of section 268(1) (quiet lanes and home zones) of the Transport Act 2000(2).
| (1) Paragraphs of Schedule 7 in which the road to be classified in accordance with the provisions of this article is described | (2) Classification of roads |
|---|---|
| 2, 3, 4 and 5 | Special roads |
| 1, 7, 8, 9, 10, 16, 17, 18, 19, 24, 25, 26, 27, 28, 29, 30, 50, 51, 53, 62, 63, 64, 65, 66, 67, 72, 73, 74, 79, 80, 81, 83, 88, 89, 92 and 93 | Trunk roads |
| 6, 11, 12, 13, 14, 20, 31, 32, 33, 34, 35, 36, 37, 38, 52, 54, 55, 56, 58, 75, 82, 90 and 91 | Classified roads |
| 21, 22, 39, 40, 41, 42, 43, 44, 45, 46, 47, 57, 59, 68, 69, 70, 76, 77, 78 and 94 | Unclassified roads |
| 48 | Quiet lane |
(2) Subject to paragraphs (3) and (4), the undertaker may vary the classification or designation of the roads, or any part of those roads, provided for in paragraph (1) and such variation may provide for any trunk road comprised in the authorised development and referred to in paragraph (1)(a) to be classified as a special road.
(3) The undertaker must not exercise the powers conferred by paragraph (2) unless the undertaker has—
(a)given not less than 4 weeks’ notice in writing of the undertaker’s intention so to do to the chief officer of police and to the local highway authority in whose area the road is situated; and
(b)published a notice, declaring the date on which that road or part of it is to be classified not less than 7 days before that date, in at least one local newspaper circulating in the area in which the road, or as the case may be, the relevant part of it is situated and in the London Gazette.
(4) Before exercising the powers conferred by paragraph (2), the undertaker must consult such persons as the undertaker considers necessary and appropriate and must take into consideration any representations made to the undertaker by any such person.
(5) Any roads classified as a special road in accordance with paragraph (1) are to be—
(a)classified as special roads for the purpose 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.
(6) On any such days as the undertaker may determine, unless otherwise agreed in writing with the local highway authority, the roads described in paragraphs 15, 23, 49, 60, 61, 71, 84, 85, 86, 87, 95 and 96 of Schedule 7 are to cease to be trunk roads as if they had ceased to be trunk roads by virtue of an order made under section 10(2) of the 1980 Act specifying that date as the date on which they were to cease to be trunk roads.
(7) The application of paragraphs (1) to (6) may be varied or revoked by any instrument made under any enactment which provides for the variation or revocation of such matters.
Section 10(2) was amended by section 22(2)(a) of the New Roads and Street Works Act 1991 (c. 22) and by section 1(6) of, and paragraphs 1 and 10(1) and (2) of Schedule 1 to, the Infrastructure Act 2015 (c. 7).