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Road Traffic Regulation Act 1984

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Version Superseded: 01/11/1991

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93 Powers of Secretary of State in relation to functions under s. 92.E+W+S

(1)Where the virtue of section 92(4)(a) of this Act the Secretary of State has power to place bollards or other obstructions at a point on a [F1trunk road, he may authorise or require the highway authority for any road leading into or crossing the trunk road at that point][F1road managed and maintained by him he may authorise or require the roads authority for any other road which at that point leads into or crosses the road so managed and maintained] to place the bollards or other obstructions on that other road.

(2)The Secretary of State may authorise or require any authority who have placed bollards or other obstructions on a road in pursuance of section 92 of this Act or this section to remove them.

(3)If an authority fail to comply with any requirement imposed under this section to carry out any work, the Secretary of State may himself carry out the work; and the expense incurred by him in doing so shall be recoverable by him from the authority and, in England or Wales, shall be so recoverable summarily as a civil debt.

(4)Any requirement imposed under this section—

(a)if relating to a road in England or Wales, shall be enforceable on the application of the Secretary of State by order of mandamus; or

(b)if relating to a road in Scotland, shall be enforceable by order of the Court of Session on an application by the Lord Advocate under section 91 of the M1Court of Session Act 1868.

(5)Any power conferred by this section to authorise or require an authority to place an obstruction includes power to authorise or require the authority to maintain or light it.

(6)Subsection (6) of section 92 of this Act shall apply for the purposes of this section as it applies for the purposes of that section.

Textual Amendments

F1Words “road" to “maintained" substituted (S.) for words from “trunk road" to “point" by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 128(1), Sch. 9 para. 93(37)

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