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Local Government Act 1974

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This is the original version (as it was originally enacted).

40Classification of highways

(1)On and after 1st April 1975, a highway or proposed highway which, immediately before that date, is classified under section 27(2) of the Local Government Act 1966 as a principal road for the purposes of section 235 of the Highways Act 1959, so far as that section relates to the making of advances to local highway authorities, shall cease to be so classified for the purposes of the said section 235 but, except in so far as the Secretary of State otherwise directs, shall continue to be treated as a principal road or a classified road for the purposes of any enactment or instrument (whether passed or made before or after the passing of this Act) which refers to roads or highways classified under any enactment as principal roads (whether for the purposes of advances under the said section 235 or otherwise) or, as the case may be, to roads or highways classified by the Secretary of State.

(2)The Secretary of State may by order made by statutory instrument assign some other description to the highways which, whether by virtue of subsection (1) above or otherwise, are for the time being treated as principal roads for the purposes of any enactment or instrument.

(3)If an order is made under subsection (2) above then, except in so far as the order otherwise provides, any reference to a principal road in any enactment or instrument passed or made before the order is made shall be construed as a reference to a highway of the description specified in the order.

(4)Nothing in subsection (2) above shall affect the power of the Secretary of State under section 27(2) of the Local Government Act 1966 to classify particular highways or proposed highways in such manner as he may determine after consultation with the highway authorities concerned.

(5)In this section "highway" and "proposed highway" have the same meanings as in the Highways Act 1959.

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