The Traffic Management Act 2004 (Commencement No. 3) (Wales) Order 2009

Welsh Statutory Instruments

2009 No. 1095 (W.98) (C.63)

HIGHWAYS, WALES

The Traffic Management Act 2004 (Commencement No. 3) (Wales) Order 2009

Made

27 April 2009

Coming into force

1 May 2009

The Welsh Ministers, in exercise of the powers conferred upon the National Assembly for Wales by section 99 of the Traffic Management Act 2004(1) and now vested in them(2), make the following Order:

PART 1 GENERAL

Title, application and interpretation

1.—(1) The title of this Order is the Traffic Management Act 2004 (Commencement No. 3) (Wales) Order 2009 and it applies in relation to Wales.

(2) In this Order —

“the 2004 Act” means the Traffic Management Act 2004.

Commencement of provisions

2.  1 May 2009 is the appointed day for the coming into force of the following provisions of the 2004 Act—

(a) Sections 1 to 12;

(b) Section 13 (insofar as it relates to the acquisition of land in Wales by the Welsh Ministers)(3);

(c) Sections 14 and 15.

Ieuan Wyn Jones

Minister for the Economy and Transport, one of the Welsh Ministers

27 April 2009

Explanatory Note

(This note is not part of the Order)

This Order brings into force, in relation to Wales, provisions of Part 1 (Traffic Officers) of the Traffic Management Act 2004 (“the 2004 Act”).

Part 1 of the 2004 Act empowers the Welsh Ministers, in their capacity as highway and traffic authority for the strategic road network in Wales, (i.e. most motorways and all other trunk roads), to establish a uniformed on-road traffic officer service to manage the traffic consequences of random incidents (such as accidents, obstructions, debris and break downs) and manage programmed highway events such as the passage of abnormal loads. In practice the Welsh Ministers carry out their functions as highway and traffic authority through trunk road agents, who will implement Part 1 on their behalf.

(1)

2004 c. 18.

(2)

The functions of the National Assembly for Wales under the Traffic Management Act 2004 were transferred to the Welsh Ministers by virtue of paragraph 30 of Schedule 11 to the Government of Wales Act 2006 (2006 c. 32).

(3)

Powers under section 245A of the Highways Act 1980 (1980 c. 66) were transferred to the National Assembly by virtue of the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672). The powers of the National Assembly for Wales were transferred to the Welsh Ministers by virtue of paragraph 30 of Schedule 11 to the Government of Wales Act 2006 (2006 c. 32).