Statutory Instrument 1993 No. 169

The Special Road Schemes and Highways Orders (Procedure) Regulations 1993

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© Crown Copyright 1993

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1993 No. 169

HIGHWAYS, ENGLAND AND WALES

The Special Road Schemes and Highways Orders (Procedure) Regulations 1993

The Secretary of State in exercise of the powers under section 324(1) and (2) of the Highways Act 1980^[1] conferred on or now vested in him^[2] and of all other powers enabling him in that behalf, hereby makes the following Regulations:

Citation, commencement and interpretation
    1.—(1)  These Regulations may be cited as the Special Road Schemes and Highways Orders (Procedure) Regulations 1993 and shall come into force on 1st March 1993.

    (2)  In these Regulations-
 (a) a reference to a section or a Schedule followed by a number is a reference to the section of, or Schedule to, the Highways Act 1980 bearing that number;
 (b) a reference to a road, highway or private means of access includes where appropriate a reference to any length, or part of a road, highway or private means of access, as the case may be; and
 (c) "special road" includes a proposed highway which is the subject of a scheme made by a local authority under section 16 and which would be a special road if the scheme were confirmed.

Revocation
    2.    The Special Roads and Trunk Roads (Procedure) Regulations 1962^[3] and the Special and Other Roads (Maps etc.) Regulations 1971^[4] are hereby revoked.

Orders under section 18 to be made by reference to plans
    3.    An order under section 18 shall be made by reference to a plan on a scale of not less than 1/2500, containing a key of symbols and showing up-to-date details within the area of the proposals and-
 (a) the route of any new highway to be constructed or new private means of access to be provided,
 (b) any highway or private means of access to be stopped up,
 (c) the diverted or realigned route of any highway to be diverted or realigned, and
 (d) the route of any other highway to which the order relates.

Centre lines
    4.—(1)  The centre line of-
 (a) a special road authorised by a scheme under section 16, or
 (b) a proposed highway directed by an order under section 10 to become a trunk road,
shall be indicated by a black band not more than 1.5 millimetres wide on a plan on a scale of not less than 1/10,000 showing up-to-date details of the area within 67 metres each side of the centre line.

    (2)  The centre line of a new highway to be constructed in pursuance of an order under section 14 or 18 shall be indicated on a plan on a scale of not less than 1/2500.

Limits of deviation
    5.    The limits of deviation in relation to any road or highway referred to in Regulation 4 above shall be shown either-
 (a) by broken lines suitably marked on the plan on which the centre line of the road or highway is indicated, and placed at the appropriate distance on each side of that centre line, or
 (b) by a statement of the limits of deviation written on or attached to such plan, describing the extent of those limits and identifying the road or highway to which the particular limits relate.

Local highway authority schemes and orders
    6.    Where a local highway authority apply to the Secretary of State for confirmation of a scheme under section 16 or an order under section 18, they shall send to the Secretary of State-
 (a) the scheme or order in duplicate together with a copy of the scheme or order and three copies of any map or plan referred to in it,
 (b) a statement containing the particulars specified in relation to such a scheme or order in Part I of the Schedule to these Regulations, and
 (c) the documents specified in relation to such a scheme or order in Part II of that Schedule.

That authority shall also provide the Secretary of State with any further information he may require, including maps, plans, sections and specifications.

Schemes and orders already made or published in draft
    7.    Regulations 3, 4 and 6 above shall not apply to any scheme or order made by a local highway authority and submitted to the Secretary of State for confirmation, or published in draft by the Secretary of State, before 1st March 1993; and in relation to any such scheme or order Regulations 2 and 3 of the Special Roads and Trunk Roads (Procedure) Regulations 1962 and Regulation 3 of the Special and Other Roads (Maps etc.) Regulations 1971 shall continue to apply as if those Regulations had not been revoked.

John MacGregor

Secretary of State for Transport

26th January 1993

David Hunt

Secretary of State for Wales

1st February 1993 2

[1] 1980 c. 66. The expression "the Minister" is defined in section 329(1). back

[2] See S.I. 1981/238, article 2(2), by which the powers of the Minister of Transport under section 324(1) and (2) of the Highways Act 1980 were transferred to the Secretary of State. back

[3] S.I. 1962/1319. back

[4] S.I. 1971/1706. back

Explanatory Note