PART 11HIGHWAYS

CHAPTER 1HIGHWAYS AFFECTED BY DEVELOPMENT

Pedestrianisation of highways: powers of the Welsh Ministers

288Further provision about orders under sections 286 and 287

(1)

An order made under section 286 or 287 in relation to a highway may provide for the creation or improvement of any other highway.

(2)

If the order provides for the creation or improvement of another highway, it may also—

(a)

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

(b)

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

(3)

An order under section 286 or 287 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.

(4)

Part 1 of Schedule 17 makes provision about the procedure to be followed in connection with making orders under sections 286 and 287 (including provision for the publication of notice of a proposed order and for the consideration of objections).

(5)

The powers conferred on the Welsh Ministers by those sections 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.