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Road Traffic Act 1991

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This is the original version (as it was originally enacted).

56The Minister’s trunk road local plans

(1)Where any priority route, or part of a priority route, is a trunk road with respect to which—

(a)no provision has been made in a local plan; and

(b)no direction has been given under section 55(1) of this Act,

the Secretary of State shall prepare a statement of his own proposals (“the Minister’s trunk road local plan”) with respect to the operation of that priority route or any part of it.

(2)A Minister’s trunk road local plan may be varied at any time by the Secretary of State.

(3)In preparing any such plan or variation, the Secretary of State shall consult—

(a)the Director;

(b)any London authority within whose area is situated—

(i)any priority route to which the plan will apply; or

(ii)any road which is not a priority route but which, in the opinion of the Secretary of State, is likely to be affected by any priority route to which the plan will apply;

(c)the relevant Commissioner or, if appropriate, both Commissioners;(d) such organisations representing the interests of people with a disability who may be affected by the plan as appear to him to be appropriate; and

(e)London Regional Transport.

(4)A Minister’s trunk road local plan shall, in particular—

(a)indicate which powers under the [1980 c. 66.] Highways Act 1980 or the [1984 c. 27.] Road Traffic Regulation Act 1984 the Secretary of State proposes should be exercised in relation to the priority routes to which the plan relates and the manner in which he proposes they should be exercised;

(b)identify any orders made under the Act of 1984 which are, in his opinion, inconsistent with the plan and indicate his proposals for their variation or revocation;

(c)indicate—

(i)which powers under the Act of 1980 or the Act of 1984 he proposes should be exercised in relation to those other roads within London which are (or would otherwise be) likely to affect, or be affected by, traffic using any of the priority routes to which the plan relates; and

(ii)the manner in which he proposes they should be exercised;

(d)indicate how the proposals referred to in paragraphs (a), (b) and (c) relate, in particular, to the needs of people with a disability;

(e)specify—

(i)the period which he considers will be required to implement the plan; and

(ii)a timetable for implementing the different elements of the plan;

(f)specify a programme of maintenance of those traffic management measures which are derived from the exercise, on or in relation to the priority routes to which the plan relates, of powers under the Acts of 1980 and 1984; and

(g)deal with any other matter which he considers relevant to the proper and effective implementation of the plan.

(5)Where the Secretary of State considers that the implementation of any part of the plan requires a London authority to exercise any of its powers he may, in writing, ask the authority to exercise such powers as he may specify in his request.

(6)Where—

(a)the Secretary of State has sent such a request to a London authority; but

(b)the authority have not, in his opinion, exercised the powers in question within a reasonable period,

the Secretary of State may direct them to do so.

(7)Where a London authority have failed to comply with a direction under subsection (6) above within such period as the Secretary of State considers could reasonably be required by them, he may himself exercise the powers in question.

(8)Anything done by the Secretary of State in the exercise of those powers shall be treated for all purposes as if it had been done by the authority.

(9)Where the Secretary of State proposes to exercise any of the powers of a London authority by virtue of subsection (7) above, he may direct that authority not to exercise those or any other such powers, in such circumstances or in relation to such matters, as may be specified in the direction.

(10)Where, having intervened under subsection (7) above, the Secretary of State is satisfied that continued intervention by him is unnecessary—

(a)he shall notify the authority accordingly in writing; and

(b)with effect from the date on which that notice is served by him, any direction given by him with respect to his intervention shall cease to have effect.

(11)Any reasonable administrative expenses incurred by the Secretary of State in the exercise of his powers under subsection (7) above shall be recoverable by him from the London authority as a civil debt.

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