The Merseyside Traffic Control System (Revocation) Order 1991

Statutory Instruments

1991 No. 516

ROAD TRAFFIC

The Merseyside Traffic Control System (Revocation) Order 1991

Made

7th March 1991

Coming into force

1st April 1991

Whereas–

(1) The Merseyside Traffic Control System (Transfer) Order 1986(1) (“1986 Order”), amongst other things, transferred to the Secretary of State forTransport (“the Secretary of State”) the functions conferred on the local authorities in themetropolitan county of Merseyside in relation to a system of trafficcontrol in operation in that metropolitan county:

(2) The Secretary of State is satisfied that all those localauthorities have made joint arrangements for the exercise of such oftheir functions under Part V of the Road Traffic Regulation Act 1984(2) as are necessary to secure the control, management,development and extension of that system:

(3) The Secretary of State has consulted the local authoritiesappearing to him to be likely to be affected by this Order:

(4) The property specified in Schedule 1 to this Order was transferredto the Secretary of State by the 1986 Order, being property of adescription specified in the Schedule to that Order:

The Secretary of State, in exercise of the powers conferred by paragraph 10(7) and (8) of Schedule 5 to the Local Government Act 1985 (3) and all other enabling powers, hereby makes the following Order:–

Citation and commencement

1.  This order may be cited as the Merseyside Traffic Control System(Revocation) Order 1991 and shall come into force on the 1st of April1991.

Revocations and interpretation

2.—(1) The Merseyside Traffic Control System (Transfer) Order 1986 and theMerseyside Traffic Control System (Transfer) Order 1988(4) are hereby revoked.

(2) In this Order—

“revocation date” means the date on which this Order comes into force;

“Secretary of State” means the Secretary of State for Transport;

“traffic sign” has the meaning given by section 64 of the Road Traffic RegulationAct 1984.

Transfer of property, rights and liabilities

3.—(1) On revocation date, the interest of the Secretary of State in theland specified in Schedule 1 to this Order shall be transferred asfollows–

(a) his interest in the land specified in Part I of that Schedule shallbe transferred to Liverpool City Council,

(b) his interest in the land specified in Part II of that Schedule shallbe transferred to the Metropolitan Borough Council of St Helens,

(c) his interest in the land specified in Part III of that Scheduleshall be transferred to the Metropolitan Borough Council of Sefton.

(2) On revocation date, there shall be transferred to Liverpool CityCouncil, the Metropolitan Borough Council of St Helens, the MetropolitanBorough Council of Sefton, the Metropolitan Borough Council of Wirraland the Metropolitan Borough Council of Knowsley respectively, therelevant property in so far as it is situated in their respective areas.

(3) Where any property is transferred to a local authority by virtue ofthis article, there shall also be transferred to the authority allrights and liabilities relating to that property which belonged to orare incumbent upon the Secretary of State immediately before revocationdate.

(4) There shall not be transferred to any local authority by virtue ofthis article any right or liability in respect of–

(a) work done, services rendered, goods delivered, or money due forpayment, before the operative date, or

(b) damages or compensation for any act or omission before that date, or

(c) the price of, or compensation for, any land purchased, or for whicha contract to purchase has been concluded, before that date.

(5) In this article,“relevant property” means all property which is, immediately before revocation date, ofa description specified in Part I of Schedule 2, but excluding–

(a) any property specified in Schedule 1 to this Order, and

(b) any traffic sign on a trunk road or any equipment which is ancillaryto such a sign,

and Part II of Schedule 2 to this Order shall have effect for the purpose of interpretingPart I of that Schedule.

(6) In this article, a reference to the interest of the Secretary ofState, in relation to any property, is a reference to the interest ofthe Secretary of State immediately before revocation date.

(7) Where any rights or liabilities transferred by the foregoingprovisions of this article are rights or liabilities under an agreementto which the Secretary of State was a party immediately beforerevocation date, whether in writing or not, and whether or not of such anature that rights and liabilities thereunder could be assigned by theSecretary of State, that agreement shall have effect on and after thatdate, so far as is required for giving effect to those provisions, asif–

(a) the local authority to which the rights or liabilities had beentransferred had been a party to the agreement; and

(b) for any reference (however worded and whether expressed or impliedand including a reference which is treated by any enactment as being areference to the Secretary of State) to the Secretary of State therewere substituted, in relation to anything to be done after the transfer,a reference to that local authority.

(8) Paragraph (6) above shall apply to a provision of any document otherthan an agreement, if and in so far as the provision in question relatesto any rights or liabilities transferred by the foregoing provisions ofthis article as it applies in relation to an agreement to which theSecretary of State was a party.

Supplementary provisions

4.  –

(1) Anything which at revocation date is in the process of being done byor in relation to the Secretary of State in the exercise of or inconnection with any such statutory functions which by virtue of thisOrder become the functions of a local authority, or local authorities inrespect of their respective areas, may be continued by or in relation tothe local authority (“the successor authority”) by which those functions become exercisable or, as the case maybe, become exercisable in respect of the area in question.

(2) Anything done by or in relation to the Secretary of State in theexercise of or in connection with any functions to which paragraph (1)of the above applies shall, so far as is required for continuing itseffect on and after that date, have effect as if done by or in relationto the successor authority.

5.  Any action or proceeding, or any cause of action or proceeding,pending or existing immediately before revocation date by or against theSecretary of State and relating to anything transferred by this Ordershall not be prejudicially affected by this Order and–

(a) in the case of any action or proceeding, relating to functionstransferred to a local authority may be continued, prosecuted orenforced by or (as the case may be) against the local authority; and

(b) in the case of any action or proceeding, or cause of action orproceeding, relating to matters transferred to a local authority may becontinued, prosecuted, or enforced by or (as the case may be) againstthe local authority.

Signed by authority of the Secretary of State for Transport

Christopher Chope

Parliamentary Under Secretary of State,

Department of Transport

7th March 1991

Article 3

SCHEDULE 1 LAND TRANSFERRED BY THIS ORDER

PART I land transferred to liverpool city council

Offices on the basement and first floor of 24 Hatton Garden,Liverpool more particularly described in the lease made the4th ofFebruary 1985 between the Merseyside Passenger Transport Executive andMerseyside County Council by which the property was demised for a termof 5 years from the 1st of January 1985.

PART II land transferred to the metropolitan borough council of st helens

Land lying on the south side of Chalon Way, St Helen’s registeredat Her Majesty’s Land Registry under title No. MS223529.

PART III land transferred to sefton district council

1.  The land known as 5 St Luke’s Road, Southportand which is registeredat Her Majesty’s Land Registry under title No. MS 33505.

2.  The land and former air raid shelter at North Park, Stanley Road,Bootle, Merseyside described in the lease made the 13th of November 1976between the Metropolitan Borough Council of Sefton and Merseyside CountyCouncil by which the property was demised for a term of 20 years fromthe 1st of June 1976.

Article 3

SCHEDULE 2

PART I relevant property

1.  All traffic light signals, including any standards or brackets theprimary purpose of which is the support of such signals.

2.  Any other thing which is connected to any property of a descriptionspecified in paragraph 1 of this part by electrical, mechanical or othermeans, including (without prejudice to the generality of the foregoing)the cable and duct system and associated inspection chambers, detectionor surveillance equipment, television cameras, and machinery andapparatus forming part of a central or local system for monitoring orcontrolling traffic flow and movements.

PART II

In this Schedule,“traffic light signal” means–

(a) any traffic sign of the size, colour and type prescribed byregulation 31, 33, 35 or 36, of the Traffic Signs Regulations 1981(5); and

(b) any traffic sign of the size, colour and type prescribed byregulation 3(1) of, and Schedule 1 to, the“Pelican” Pedestrian Crossings Regulations 1987(6).

Explanatory Note

(This note is not part of the Order)

The Merseyside Traffic Control System (Transfer) Order 1986 wasmade under paragraph 10 of Schedule 5 to the Local Government Act 1985and transferred to the Secretary of State various functions of theMerseyside local authorities relating to traffic control. The MerseysideTraffic Control System (Transfer) Order 1988 authorised Liverpool CityCouncil to act as the Secretary of State’s agent in relation to thosefunctions.

This Order revokes the 1986 and 1988 Orders and makes supplementaryprovisions including provisions for the transfer of property, rights andliabilities.

(1)

S.I. 1986/316.

(2)

1984 c. 27; the definition of“highway authority” was amended by paragraph 38 of Schedule 5 to the Local GovernmentAct 1985 (c. 51).

(3)

1985 c. 51.

(4)

S.I. 1988/167.

(5)

S.I. 1981/859; relevant amending instrument is S.I.1982/1879.

(6)

S.I. 1987/16.