Section 3.
1(1)Subject to the provisions of this paragraph, the Secretary of State may, in connection with the construction of the works authorised by this Act, stop up—
(a)each of the highways or parts of highways specified, by reference to the letters and numbers shown on the deposited plans, in columns (1) and (2) of the following table, and
(b)any other bridleways or footpaths within the limits of deviation for the scheduled works.
(2)On his doing so, all rights of way over or along the highway or part so stopped up shall be extinguished.
(3)An existing highway or part of a highway specified in columns (1) and (2) of Part II of the following table shall not be stopped up under this paragraph until the Secretary of State is satisfied that the new highway to be substituted for it, which is specified in relation to it by reference to the letters shown on the deposited plans or by reference to scheduled works in column (3) of that Part of the table, has been completed and is open for public use.
Highways to be Stopped Up
| (1) | (2) |
|---|---|
| Area | Length of highway to be stopped up |
| County of Gwent | |
| Borough of Monmouth | |
| Community of Caldicot | Footpath FP5 from B2 to B5 |
| County of Avon | |
| District of Northavon | |
| Parish of Olveston | Bridleway BW11 from K1 to K2 |
| Footpath FP9 from L1 to L2 | |
| Footpath FP12 from M1 to M2 | |
| Awkley Lane from P1 to P2 | |
| Parish of Pilning and Severn Beach | Footpath FP46 from N1 to N2 |
| Parish of Almondsbury | Vimpennys Lane from A1 to A2 |
Highways to be Stopped Up and New Highways Substituted for Them
| (1) | (2) | (3) |
|---|---|---|
| Area | Length of highway to be stopped up | New highway to be substituted for it |
| County of Gwent | ||
| Borough of Monmouth | ||
| Community of Magor with Undy | Track CRF30 from A1 to A2 | Track from A1 to A3 |
| Communities of Magor with Undy and Rogiet | M4 eastbound carriageway from B1 to B2 | Work No. 2A |
| M4 westbound carriageway from C1 to C2 | Work No. 2B | |
| Community of Rogiet | Station Road and Track CRF16 from A1 to A2 | Work No. 7 |
| Track CRF15 from B1 to B2 | Works Nos. 7 and 7A | |
| Community of Caldicot | Footpath FP19 from A1 to A2 | Work No. 8 |
| Footpath FP6 from B1 to B2 and footpath FP3 from B2 to B3 | Footpath from B1 to B4 | |
| Footpath FP2 from B3 to B6 | Work No. 9 | |
| Communities of Mathern and Portskewett | A48 from A1 to A2 | Work No. 9A |
| B4245 from B1 to B2 to B3 and R140 from B2 to B4 | Works Nos. 9A, 9B and 9C | |
| Community of Portskewett | R139 from C1 to C2 | Works Nos. 9E, 9F and 9G |
| County of Avon | ||
| District of Northavon | ||
| Parish of Pilning and Severn Beach | B4064 New Passage Road/Redwick Road from A1 to A2 | Works Nos. 11 and 18 |
| Footpath FP9 from B3 to B4 | Work No. 11 | |
| Footpath FP10 from B1 to B2 | Footpath from B1 to B3 and Work No. 11 | |
| Footpath FP13 from C1 to C2 and from C3 to C4 | Footpath from C1 to C5 to C6 to C7 to C8, Work No. 12 and footpath from C9 to C4 | |
| A403 Severn Road from D1 to D2 | Work No. 12 | |
| Parishes of Pilning and Severn Beach and Olveston | B4055 Northwick Road from E1 to E2 | Works Nos. 13 and 13A |
| Redham Lane from F1 to F2 | Works Nos. 13 and 13A | |
| Parish of Olveston | Footpath FP10 from A1 to A2 | Footpath from A1 to A3 and Work No. 14. |
| Bridleway BW8 from B1 to B2 | Work No. 14 | |
| Holm Lane from C1 to C2 | Work No. 15 | |
| Footpath FP19 from D1 to D2 and footpath FP20 from D1 to D3 | Footpath from D2 to D3 | |
| Greenditch Street from E1 to E2 | Works Nos. 16 and 16A | |
| Awkley Lane from F1 to F2 | Works Nos. 16 and 16A | |
| Footpath FP21 from G1 to G2 | Footpath from G1 to G3 to G4 and Works Nos. 16 and 16A | |
| Footpath FP28 from O1 to O2 and footpath FP62 from O2 to O3 | Footpath from O1 to O3 | |
| Bridleway (unnumbered) from R1 to R2 | Bridleway from R1 to R3 | |
| Hardy Lane from H1 to H2 | Work No. 17 | |
| M4 westbound carriageway from J1 to J2 | Work No. 4C | |
| Parish of Pilning and Severn Beach | Shaft Road from G1 to G2 | Works Nos. 18 and 18A |
| Green Lane from H1 to H2 | Works Nos. 11 and 18 | |
| Footpath FP15 from V1 to V2 | Works Nos. 11 and 18 | |
| Footpath FP28 from J1 to J2 | Footpath from J1 to J3 to J4 | |
| Church Road from K1 to K2 | Footpath from K1 to K3 and Work No. 19 | |
| A403 Severn Road from L1 to L2 | Work No. 20 | |
| Footpath FP49 from M1 to M2 | Footpath from M1 to M3, Work No. 20 and footpath from M4 to M2 | |
| Footpath FP48 from P1 to P2 | Footpath from N1 to P1 | |
| Footpath FP58 from Q1 to Q2 | Work No. 21 | |
| Parishes of Pilning and Severn Beach and Almondsbury | Footpath FP61 from R1 to R2 to R3 to R4 to R5, footpath FP60 from R3 to R6 and footpath FP62 from R2 to R7 | Footpath from R1 to R7 to R8 to R9 and Works Nos. 22 and 22A |
| Farm Lane from S1 to S2 | Works Nos. 22 and 22A | |
| Parish of Almondsbury and City of Bristol | Bridleway BW101 Minor’s Lane from B1 to B2 | Works Nos. 23A, 23 and 23B |
| City of Bristol | Severn Road Hallen from A1 to A2 | Work No. 23 |
| Footpath FP556 from B1 to B2 | Footpath from B2 to B3 | |
| Footpath FP555 from C1 to C2 | Footpath from C1 to C3, Work No. 23 and footpath from B3 to B2 to C4 | |
| Footpath FP553 from D1 to D2 | Footpath from D1 to C1 to C3, Work No. 23, footpath from B3 to B2 to C4, footpath FP555 and footpath from C2 to D2 | |
| Moorhouse Lane from E1 to E2 | Work No. 24 | |
| Footpath FP4 from F1 to F2 | Footpath from F2 to F3 | |
| Lawrence Weston Road from G1 to G2 | Footpath and cycle track from G1 to G3 and Work No. 25 | |
| Kings Weston Lane from H1 to H2 | Work No. 26 | |
| M5 southbound off slip road of Lawrence Weston interchange from J1 to J2 | Works Nos. 6, 6A and 6D | |
| M5 northbound on slip road of Lawrence Weston interchange from K1 to K2 | Works Nos. 6C and 6E |
(4)No part of a highway shall be stopped up under this paragraph unless the condition specified in sub-paragraph (5) below is satisfied in relation to all land abutting on any side of that part of the highway.
(5)The condition referred to in sub-paragraph (4) above is that—
(a)the Secretary of State is in possession of the land, or
(b)there is no right of access to the land from the part of the highway concerned, or
(c)the Secretary of State is satisfied that there is reasonably convenient access to the land otherwise than from the part of the highway concerned, or
(d)the owners and occupiers of the land have agreed to the stopping up.
(6)A person who suffers loss by the extinguishment of a private right under this paragraph shall be entitled to compensation to be determined, in case of dispute, under and in accordance with Part I of the [1961 c. 33.] Land Compensation Act 1961.
2(1)The Secretary of State may, for the purpose of constructing the works authorised by this Act, temporarily stop up, open, break up or interfere with, or alter or divert, the whole or a part of a highway within—
(a)the limits of deviation for the scheduled works,
(b)the limits of land to be acquired, or
(c)the limits of land for temporary occupation,
and may carry out all necessary works for, or in connection with, doing so.
(2)The Secretary of State shall provide reasonable access for all persons, with or without vehicles, going to or returning from premises abutting on a highway affected by the exercise of the powers conferred by this paragraph if there would otherwise be no such access.
3(1)On the day on which this Act is passed the new highways forming or forming part of Works Nos. 2, 2A, 2B, 3, 4, 4A, 4C, 5, 6, 6A, 6B, 6C, 6D and 6E shall become trunk roads and special roads for the exclusive use of traffic of Classes I and II of the classes of traffic specified in Schedule 4 to the [1980 c. 66.] Highways Act 1980.
(2)The highways which become special roads by virtue of sub-paragraph (1) above shall be treated as provided by the Secretary of State (by means of the construction of new highways under section 24(1) of the Highways Act 1980) under a scheme made by him under section 16 of that Act—
(a)prescribing the route of those roads as the route for the special roads to be provided under the scheme,
(b)prescribing both the classes of traffic specified in that sub-paragraph, and
(c)specifying the day on which this Act is passed as the date on which the roads become trunk roads.
4Works Nos. 1, 1A, 1B and 4B shall be treated as improvements of the M4 and its slip roads carried out under Part V of the Highways Act 1980.
5(1)Works Nos. 7, 7A, 8, 9, 9A, 9B, 9C, 9D, 9E, 9F, 9G, 9H, 11, 12, 13, 13A, 14, 15, 16, 16A, 17, 18, 18A, 19, 20, 21, 22, 22A, 23, 23A, 23B, 24, 25 and 26 and the stopping up of highways in pursuance of this Schedule shall be treated as authorised by an order made by the Secretary of State under section 18 of the [1980 c. 66.] Highways Act 1980 in relation to the roads to which paragraphs 3 and 4 above apply.
(2)The new highways forming or forming part of the works referred to in sub-paragraph (1) above shall be treated as new highways authorised to be constructed by the order so referred to.
(3)The provisions of Schedule 1 to this Act and this Schedule relating to a work or operation which is treated by this paragraph as authorised by the order referred to in sub-paragraph (1) above shall be treated for the purposes of the Highways Act 1980 as provisions of the order.
(4)The order referred to in sub-paragraph (1) above shall be deemed to include provision preserving (subject to section 21 of the Highways Act 1980) the rights of any persons who are statutory undertakers for the purposes of that Act in respect of any apparatus of theirs which is under, in, on, over, along or across a highway immediately before it is stopped up in pursuance of this Schedule.
6(1)The Secretary of State may determine in the case of a highway to which paragraph 5(2) above applies that the highway is to be a footpath, a cycle track, a bridleway or an all purpose road.
(2)In sub-paragraph (1) above “all purpose road” means a highway (other than a cycle track) over which the public right of way includes a right of way for the passage of vehicles.
(3)The Secretary of State may classify a highway to which paragraph 5(2) above applies in any manner in which, and for any purposes for which, he can classify highways under subsection (3) of section 12 of the Highways Act 1980; and on the date of its transfer under sub-paragraph (4) below a highway classified under this sub-paragraph shall become a highway classified in the manner and for the purposes in question as if so classified under that subsection.
(4)On the date certified by the Secretary of State as the date on which a highway to which paragraph 5(2) above applies is open for public use—
(a)if it is in England, it shall be transferred to Avon County Council, and
(b)if it is in Wales, it shall be transferred to Gwent County Council.