Special Roads Act 1949

1 Schemes for provision of special roads

(1) Any highway authority may be authorised by means of a scheme under this section to provide, along a route prescribed by the scheme, a special road for the use of traffic of any class so prescribed.

(2) A special road authorised by a scheme under this section may be provided—

(a) by means of the construction by the highway authority (in this Act referred to as the special road authority) of a new road along the route prescribed by the scheme or any part thereof ;

(b) by means of the appropriation under the following pro visions of this Act of any road comprised in that route for which the special road authority are the highway authority ;

(c) by means of the transfer to that authority under the following provisions of this Act of any road comprised in that route for which they are not the highway authority.

(3) A scheme under this section authorising the provision of a special road shall—

(a) in the case of a road to be provided by the Minister, be made by the Minister ; and

(b) in the case of a road to be provided by a local highway authority, be made by that authority and confirmed b the Minister,

in accordance with the provisions of Part I of the First Schedule to this Act.

(4) Before making or confirming a scheme under this section the Minister shall give due consideration to the requirements c local and national planning, including the requirements c agriculture.

(5) Part III of the said First Schedule shall have effect for the purposes of the application to schemes under this section of the Statutory Orders (Special Procedure) Act, 1945 ; an-Part IV of that Schedule shall have effect with respect to the validity and date of operation of such schemes.

(6) A scheme under this section may be submitted to the Minister jointly by any two or more local highway authorities and any such scheme may determine which of those authorities shall be the special road authority for the special road or an part thereof, and may provide—

(a) for the performance by that authority, in relation to the road or that part thereof, of any of the highway function of any other authority who are party to the application and

(b) for the making of contributions by that other authority;

to the special road authority in respect of expenditure incurred in the performance of those functions.