Section 10: General provision as to trunk roads.

Highways Act 1980 · 1980 c. 66View on legislation.gov.uk

Part II: Trunk Roads, Classified Roads, Metropolitan Roads, Special Roads

Subject to the provisions of this section, all such highways and proposed highways as immediately before the commencement of this Act were trunk roads within the meaning of the Highways Act 1959 continue to be, and to be known as, trunk roads.

The Minister shall keep under review the national system of routes for through traffic in England and Wales, and if he is satisfied after taking into consideration the requirements of local and national planning, including the requirements of agriculture, that it is expedient for the purpose of extending, improving or reorganising that system either—

that any highway
that any trunk road should cease to be a trunk road,

he may by order direct that that highway or proposed highway shall become, or, as the case may be, that that road shall cease to be, a trunk road as from such date as may be specified in that behalf in the order.

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The power of the Minister under subsection (2) to direct that a highway or proposed highway shall become a trunk road shall include power to direct that a highway or proposed highway which he considers suitable for the purpose of relieving a main carriageway of the trunk road from local traffic shall become part of the trunk road, whether or not the highway or proposed highway is separated from the remainder of the road by intervening land.

The power under subsection (2) to direct that a highway or proposed highway become a trunk road includes the power to direct that a strategic highways company is the highway authority for that trunk road.

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the power under subsection (2) to direct that a proposed highway shall become a trunk road may be exercised in relation to any cycle track or footpath proposed to be constructed . . . on land separated by intervening land from the trunk road in connection with which it is to be used.

A strategic highways company may by order direct—

that a highway for which the company is the highway authority is to become a trunk road,
in relation to a highway in the company's area for which the company is not the highway authority, that—
the highway is to become a trunk road, and
the company is to become the highway authority for it, or
that a trunk road for which the company is the highway authority is to cease to be a trunk road.

In subsection (4A)(b)—

the reference to the company's area is to the area in respect of which it was appointed (see section 2(1) of the Infrastructure Act 2015), and
the reference to a highway for which the company is not the highway authority includes a proposed highway to be constructed by the company.

A strategic highways company may make an order under subsection (4A) only if it is satisfied that the order is expedient for the purpose of extending, improving or reorganising the national system of routes for through traffic in England and Wales.

A strategic highways company may be satisfied as mentioned in subsection (4C) only after taking into consideration the requirements of local and national planning, including the requirements of agriculture.

An order under subsection (4A)—

must specify the date on which it takes effect, and
must be confirmed by the Secretary of State.

Subsections (3) and (4) apply in relation to the power in subsection (4A) as they apply in relation to the power in subsection (2).

The powers in this section are subject to section 33(4) of the Planning Act 2008 (exclusion of powers to make or confirm orders in relation to highways for which development consent required).

Parts I and III of Schedule 1 to this Act have effect as to the making of an order under this section; and Schedule 2 to this Act has effect as to the validity and date of operation of any such order.

If objection to an order proposed to be made under this section is duly made in accordance with Part I of Schedule 1 to this Act by a council who are responsible for the maintenance of a highway to which the order relates, or who will become so responsible by virtue of the order, and is not withdrawn, the order shall be subject to special parliamentary procedure.

If an order under this section directing that a proposed highway shall become a trunk road is revoked or varied by a subsequent order made at any time before the date on which the highway is opened for the purposes of through traffic, the revoking or varying order shall not be deemed for the purposes of section 2 above to be an order directing that a trunk road shall cease to be a trunk road.

In addition to the case where a trunk road ceases to be a trunk road by virtue of an order made under this section, a trunk road shall cease to be a trunk road if the road is transferred from the Minister or a strategic highways company to some other highway authority to become part of a special road provided by that authority.

No highway which is within the City shall be, or become, a trunk road, and without prejudice to the generality of the foregoing provision, none of the following bridges, that is to say, Blackfriars Bridge, London Bridge, Southwark Bridge and Tower Bridge, and no highway carried by any of those bridges, shall be, or become, a trunk road.

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