Statutory Instrument 1992 No. 2018

The A52 Trunk Road (Ashbourne Relief Road) Order 1992

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© Crown Copyright 1992

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1992 No. 2018

HIGHWAYS, ENGLAND AND WALES

The A52 Trunk Road (Ashbourne Relief Road) Order 1992

The Secretary of State for Transport makes this Order in exercise of powers conferred by sections 10, 12 and 41 of the Highways Act 1980^[1], and now vested in him^[2], and of all other enabling powers:—

    1.    The new highway which the Secretary of State proposes to construct along the route described in Schedule 1 to this Order shall become a trunk road as from the date when this Order comes into force.

    2.    The centre line of the new trunk road is indicated by a heavy black line on the deposited plan.

    3.    The Secretary of State directs as respects any part of a highway which crosses the route of the new trunk road that—
 (a) where the highway is a highway maintainable at the public expense by a local highway authority, the part in question shall be maintained by that authority, and
 (b) where the highway is not a highway so maintainable and is not maintainable under a special enactment or by reason of tenure, enclosure or prescription, the Secretary of State shall be under no duty to maintain the part in question,
until, in either case, a date to be specified in a notice given by the Secretary of State to the highway authority for that highway. The date specified will not be later than the date on which the relevant route is opened for the purposes of through traffic.

    4.    As from the date on which the Secretary of State notifies the County Council of Derbyshire that the new trunk road is open for through traffic, the length of the Trunk Road described in Schedule 2 to this Order, and shown by broad striped hatching on the deposited plan, shall cease to be a trunk road and shall be classified as a principal road.

    5.    In this Order—

    (1)  all measurements of distance are measured along the route of the relevant highway and are approximate only;

    (2)  
 (i) "the deposited plan" means the plan numbered HA10/EM 90 marked "The A52 Trunk Road (Ashbourne Relief Road) Order 1992", signed by authority of the Secretary of State and deposited at the Department of Transport, Romney House, 43 Marsham Street, London SW1P 3PY;
 (ii) "the new trunk road" means the highway mentioned in article 1 of this Order;
 (iii) "principal road" as a classification for a highway, means that the highway is a principal road for the purposes of enactments and instruments which refer to high-ways classified as principal roads and is also classified for the purpose of every other enactment and instrument which refers to highways classified by the Secretary of State; and
 (iv) "the Trunk Road" means the A52 Trunk Road.

    6.    This Order shall come into force on 1st October 1992 and may be cited as the A52 Trunk Road (Ashbourne Relief Road) Order 1992.

Signed by authority of the Secretary of State for Transport

D. J. Morrison

Regional Director, East Midlands Region, Department of Transport

20th August 1992

[1] 1980 c. 66. back

[2] S.I. 1981/238. back

Explanatory Note