Part I Highway Authorities and Agreements Between Authorities

Agreements between authorities

C1C2C3C4C5C6C9C10C11C12C136 Delegation etc. of functions with respect to trunk roads.

1

The Minister F19or a strategic highways company may by agreement with a county council, F1a metropolitan district council, or a London borough council delegate to that council all or any of his F20or its functions (including functions under a local or private Act) with respect to the maintenance and improvement of, and other dealing with, any trunk road or any land which does not form part of a trunk road but which has been acquired by him F21or it in connection with a trunk road under section 239(2) or (4) or section 246 below;. . . F2

F31A

The Minister F22or a strategic highways company shall not delegate functions to a council under subsection (1) above—

a

with respect to a trunk road or land outside F23that council's area but within a non-metropolitan county or London borough, except with the consent of the council of that county or borough;

b

with respect to a trunk road or land outside F23that council's area but within a metropolitan district except after consultation with the council of that district.

F41B

The Minister F15or a strategic highways company shall not delegate functions to a council under subsection (1) above with respect to a trunk road or land outside F16that council'sarea but in Wales except after consultation with the Welsh council in whose area it is situated; and subsection (1A) does not apply in relation to a trunk road or land in Wales.

C82

A council shall, in the exercise of any functions delegated to them under subsection (1) above, act as agents for the Minister F24or a strategic highways company and in accordance with such conditions as F25may be attached to the delegation, and among such conditions there shall be included the following—

a

that the works to be executed and the expenditure to be incurred by the council in the discharge of the delegated functions shall be subject to the approval of the Minister F24or a strategic highways company;

b

that the council shall comply with any requirement of the Minister F24or a strategic highways company as to the manner in which any such works are to be carried out, and with any directions of the Minister F24or a strategic highways company as to the terms of contracts to be entered into for the purposes of the discharge of the delegated functions; and

c

that any such works shall be completed to the satisfaction of the Minister F24or a strategic highways company .

3

If at any time the Minister F26or a strategic highways company is satisfied that a trunk road or land with respect to which functions are delegated under subsection (1) above is not in proper repair and condition, he F27or the company may give notice to the council requiring them to place it in proper repair and condition within such time as may be specified in the notice, and if the notice is not complied with the Minister F26or a strategic highways company may do anything that seems to him F28or the company necessary to place the road or land in proper repair and condition.

4

A delegation to a council under subsection (1) above may be determined by notice given by the Minister F29or a strategic highways company to the council during the first 9 months of any calendar year, or the functions so delegated may be relinquished by a notice given by the council to the Minister F29or a strategic highways company during any such period; and the notice shall take effect as from 1st April in the calendar year following that in which it is given.

C75

The Minister F30or a strategic highways company may enter into an agreement with a county council, F5a metropolitan district council or a London borough council—

a

for the construction of a trunk road, or

b

for the carrying out by F31 the council of any work of improvement of, or other dealing with, any trunk road or any such land as is mentioned in subsection (1) above;

and subsection (2) above applies to the discharge of the functions of a council under any such agreement and to the conditions to be included in any such agreement as it applies to the discharge of functions delegated under subsection (1) above to any such council and to the conditions to be attached to any such delegation.

C86

Where—

a

any functions have been delegated by the Minister F14or a strategic highways company to a county council under subsection (1) above, or

b

the Minister F14or a strategic highways company has entered into an agreement with a county council under subsection (5) above,

the county council F6(the “responsible council”) may, with the consent of the Minister F14or a strategic highways company, enter into arrangements with a district council F7or Welsh council (the “contracting council”) for the carrying out by the F8contractingcouncil, in accordance with the arrangements, of such of the delegated functions or, as the case may be, of the functions to which the agreement relates as may be specified in the arrangements;. . . F9

F106A

No arrangements shall be entered into under subsection (6) above for the carrying out by a F11contracting council of any functions—

a

with respect to a trunk road or land outside their area but within a non-metropolitan district, except with the consent of the council of the non-metropolitan district;

b

with respect to a trunk road or land outside their area but within a metropolitan district, except after consultation with the council of the metropolitan district.

F12c

with respect to a trunk road or land in Wales but outside the area—

i

of the responsible council; and

ii

of the contracting council,

except after consultation with the Welsh council in whose area the trunk road or land is situated.

7

Plant or materials belonging to a council by whom functions fall to be exercised by virtue of a delegation, or agreement or arrangements under this section may be used by them for the purposes of those functions subject to the terms of the delegation, or agreement or arrangements.

C88

Nothing in this section limits the power of the Minister F17or a strategic highways company to enter into and carry into effect agreements with any person for any purpose connected with the construction, improvement or maintenance of, or other dealing with, a trunk road or otherwise connected with his F18or the company's functions relating to trunk roads under this or any other Act; but no such agreement shall provide for the delegation of powers or duties of the Minister F17or a strategic highways company except in accordance F13with

a

the provisions of this section; or

b

the provisions of any order made under section 69 of the Deregulation and Contracting Out Act 1994.