PART 11HIGHWAYS

CHAPTER 1HIGHWAYS AFFECTED BY DEVELOPMENT

Stopping up and diversion of highways: powers of the Welsh Ministers

283Further provision about orders under sections 280 and 281

(1)

An order under section 280 or 281 may provide for the creation or improvement of any highway other than the highway that is to be stopped up or diverted under the order.

(2)

An order under section 280 may make provision of the kinds mentioned in subsection (4) in relation to a highway that is to be created or improved under the order.

(3)

An order under section 281 may make provision of those kinds in relation to—

(a)

the main highway;

(b)

any other highway that is to be created or improved under the order.

(4)

The kinds of provision are—

(a)

provision for the highway to be a highway maintainable at the public expense for the purposes of the Highways Act;

(b)

provision for the Welsh Ministers, the Secretary of State, a county council, a county borough council or a strategic highways company to be the highway authority for the highway;

(c)

if the order provides for the Welsh Ministers, the Secretary of State or a strategic highways company to be the highway authority, provision that the highway is to become a trunk road on a date specified in the order.

(5)

An order under section 280 or 281 may contain incidental and consequential provisions, including in particular—

(a)

provision authorising the Welsh Ministers or the Secretary of State, or requiring any other person, to pay or contribute towards any costs incurred in or in connection with carrying out any works for which the order provides;

(b)

provision for the preservation of any rights of a statutory undertaker in respect of any of its apparatus that is on the highway to which the order relates immediately before the day the order is made.

(6)

The powers conferred on the Welsh Ministers by sections 280 and 281 do not limit—

(a)

any power to authorise the stopping up or diversion of a highway conferred on them by any other enactment;

(b)

the powers to extinguish public rights of way conferred on them by Part 6 of the Acquisition of Land Act 1981 (c. 67) or section 297 of this Act.