Section 326: Revocation and variation of schemes and orders.

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

Part XIV: Miscellaneous and Supplementary Provisions

Section 14(b) of the Interpretation Act 1978 (implied power to revoke or amend orders made by statutory instrument) does not apply to an order made under section 74, 93 . . . of this Act.

An order or scheme made or confirmed by the Minister, or the Secretary of State, under section 10, 14, 14B, 16, 18, . . . 27, 106(3), 108(1), 120, , 124 or 266B of, or paragraph 2 of Schedule 21 to, this Act (which confer power to make orders or schemes otherwise than by statutory instrument) may be revoked or varied by a subsequent order or scheme made or confirmed in the like manner and subject to the like provisions.

Subsection (2) does not apply to an order or scheme under section 10, 16 or 106(3) made or confirmed by the Welsh Ministers (but see section 325(1A)).

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Subject to the following provisions of this section, a scheme revoking or varying a scheme made or confirmed under section 16 or section 106(3) above, and an order varying or revoking an order made or confirmed under section 10, 14, 14A, 14B, 17, 18, 108(1) , 124 or 266B above may contain such consequential provisions as appear to the Minister to be expedient.

Where a scheme under section 16 above is revoked by a subsequent scheme, any part of the special road authorised to be provided by the scheme which has been constructed before the date on which the revoking scheme comes into operation and any highway appropriated by or transferred to the special road authority before that date shall cease on that date to be a special road within the meaning of this Act, but shall, where the special road is a trunk road, continue to be a trunk road.

Where a scheme under section 16 above is varied by a subsequent scheme, subsection (7) above applies in relation to any part of the special road which ceases to form part of a route of that road in consequence of the variation.

Subject to the foregoing provisions of this section, the revocation or variation of a scheme under section 16 or section 106(3) above does not affect the validity of anything done in pursuance of the scheme before the date on which the revoking or varying scheme comes into force, or the validity of any order made under section 18 above before that date in connection with the special road to be provided under the scheme.

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