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 M1Highways Act 1980 in relation to the roads to which paragraphs 3 and 4 above apply.U.K.
(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.
Marginal Citations
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.U.K.
(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 [F1Monmouthshire County Council].
Textual Amendments
F1Words in Sch. 3 para. 6(4)(b) substituted (1.4.1996) by 1994 c. 19, s. 22(1), Sch. 7 Pt. I para. 33(3)(a) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2));S.I. 1996/396, art. 3, Sch. 1