The Lancashire County Council (A601(M) Partial Revocation) Scheme 2022 Confirmation Instrument 2023

Statutory Instruments

2023 No. 140

Highways, England

The Lancashire County Council (A601(M) Partial Revocation) Scheme 2022 Confirmation Instrument 2023

Made

7th February 2023

Coming into force in accordance with article 1

The Secretary of State for Transport makes this Instrument in exercise of the powers conferred by sections 16 and 326(7) of the Highways Act 1980(1) and now vested in the Secretary of State.

In accordance with section 16(8) of that Act, the Secretary of State has taken into consideration the requirements of local and national planning, including the requirements of agriculture, and is satisfied as to expediency.

This Instrument is made in compliance with the provisions of Part II of Schedule 1 to that Act.

1.  This Instrument may be cited as the Lancashire County Council (A601(M) Partial Revocation) Scheme 2022 Confirmation Instrument 2023 and shall come into force on the date on which notice that it has been confirmed is first published in accordance with paragraph 1 of Schedule 2 to the Highways Act 1980.

2.  The Lancashire County Council (A601(M) Partial Revocation) Scheme 2022 (“ the Scheme”) is confirmed with modifications.

3.  The Scheme as confirmed is set out in the Schedule to this Instrument (including the deposited plan) and copies of the Scheme are deposited at the offices of the Department for Transport, Floor 13 (IMD), Ashdown House, St Leonards on Sea, Hastings, East Sussex TN37 7GA and at the offices of Lancashire County Council, Preston, PR1 8XJ.

Signed by authority of the Secretary of State for Transport

Martin Gilmour

Senior Civil Servant

Department for Transport

7th February 2023

Article 3

THE SCHEDULE

THE LANCASHIRE COUNTY COUNCIL (A601(M) PARTIAL REVOCATION) SCHEME 2022

Lancashire County Council, being the highway authority for the special road, makes this Scheme in exercise of their powers under section 16 of the Highways Act 1980 and of all other powers enabling them in that behalf.

1.  The Council are authorised to revoke the special status road along the route described in the Schedule to this Scheme.

2.  The centre line of the road route is indicated by a heavy black line on the deposited plan.

3.  In this Scheme:-

“the Council” means the Lancashire County Council;

“the deposited plan” means the plan marked “The Lancashire County Council (A601(M) partial revocation) Scheme 2022” sealed with the Common Seal of the County Council and deposited at the offices of the County Council at County Hall, Preston, PR1 8XJ. A certified copy is also deposited at the offices of the Department for Transport.

“the route” is the route described in the Schedule to this Scheme.

4.  This Scheme hereby revokes the Scheme specified in the first column of the Schedule to this Scheme to the extent specified in the second column of that Schedule.

5.  This Scheme may be cited as the Lancashire County Council (A601(M) partial revocation) Scheme 2022.

Paragraph 3

THE SCHEDULE TO THE SCHEME

SCHEME TO BE PARTIALLY REVOKED	EXTENT OF REVOCATION
The Lancashire County Council (Carnforth Link) Special Road Scheme 1985 (as confirmed by the Lancashire County Council (Carnforth Link) Special Road Scheme 1985 Confirmation Instrument 1985)(2).	A route of 1.38 kilometres in length starting at Junction 35 of the M6 Motorway and proceeding in a generally northerly direction up to and including the Junction 35A roundabout at the A6 north of Carnforth.

C.S	The Common Seal of the Lancashire County Council was hereunto affixed this 7th day of March 2022 in the presence of:- Authorised Signatory

EXPLANATORY NOTE

(This note is not part of the Instrument)

This Instrument confirms a Scheme (The Lancashire County Council (A601(M) Partial Revocation) Scheme 2022) to revoke part of the Lancashire County Council (Carnforth Link) Special Road Scheme 1985 (as confirmed by the Lancashire County Council (Carnforth Link) Special Road Scheme 1985 Confirmation Instrument 1985 (S.I. 1985/1536)) so that a length of road (as described in the second column of the Schedule to the Scheme confirmed by this Instrument) will cease to be a special road. That length of road will then be classified as an all-purpose ‘A’ road.

The Secretary of State has modified the Lancashire County Council (A601(M) Partial Revocation) Scheme 2022 as follows:

1.  For “The Lancashire County Council make”, substitute “Lancashire County Council, being the highway authority for the special road, makes”.

2.  In the paragraph numbered “1”, for “Schedule 1 of”, substitute “the Schedule to”.

3.  In the paragraph numbered “3”:

(a) before “the Department for Transport”, insert “the offices of”; and

(b) for “Schedule 1 of”, substitute “the Schedule to”.

4.  In the paragraph numbered “4”, for “Second Schedule hereto to the extent specified in the second column of the Second Schedule”, substitute “Schedule to this Scheme to the extent specified in the second column of that Schedule”.

5.  “THE SCHEDULE 1” is deleted and “THE SCHEDULE 2” becomes “THE SCHEDULE TO THE SCHEME” and in that Schedule:

(a) the word “PARTIALLY” is added to the title of the first column; and

(b) the following wording is added to the first column: “(as confirmed by the Lancashire County Council (Carnforth Link) Special Road Scheme 1985 Confirmation Instrument 1985)”, with a footnote; and

(c) under “EXTENT OF REVOCATION”, for “approximately 2.1”, substitute “1.38”.

(1)

1980 c. 66. Section 16 as amended by the Infrastructure Act 2015 (c. 7), section 57(1) and paragraphs 13(3)(a) and (b) of Schedule 1.

(2)

S.I. 1985/1536. The Scheme confirmed by that S.I. was partially revoked by S.I. 2020/165.