Trunk Roads Act 1946

JurisdictionUK Non-devolved
Citation1946 c. 30
Year1946


Trunk Roads Act, 1946

(9 & 10 Geo. 6.) CHAPTER 30.

An Act to amend the law relating to Trunk Roads; and for purposes connected therewith.

[6th March 1946]

Be it enacted by the King's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

S-1 Additional trunk roads and reorganisation of trunk road system.

1 Additional trunk roads and reorganisation of trunk road system.

(1) Subject to the provisions of this Act, the roads specified in the First Schedule to this Act shall become trunk roads as from the first day of April, nineteen hundred and forty-six.

(2) The Minister shall keep under review the national system of routes for through traffic in Great Britain, and if he is satisfied, after taking into consideration the requirements of local and national planning, including the requirements of agriculture, that it is expedient for the purpose of extending, improving or reorganising that system that any existing road, or any road proposed to be constructed by him, should become a trunk road, or that any trunk road should cease to be a trunk road, he may by order direct that that road shall become, or as the case may be shall cease to be, a trunk road as from such date as may be specified in that behalf in the order.

(3) Section two of the principal Act (which excludes from the roads that are trunk roads under that Act roads in London and roads in county boroughs) shall cease to have effect, except as respects roads in the City of London:

Provided that, without prejudice to the provisions of subsection (1) of this section or to any order made under subsection (2) of this section, no road which was not a trunk road immediately before the commencement of this Act shall become a trunk road by virtue only of this subsection.

(4) Subject to the provisions of this Act, the principal Act shall apply in relation to roads which become or cease to be trunk roads by virtue of this section, or of any order made thereunder, as it applies in relation to roads becoming or ceasing to be trunk roads under that Act.

S-2 General provisions as to orders under section 1.

2 General provisions as to orders under section 1.

(1) The provisions of the Second Schedule to this Act shall be complied with in connection with the making of an order under subsection (2) of section one of this Act; and if objection to the order is duly made in accordance with the provisions of the said Schedule by a council who are responsible for the maintenance of any road to which the order relates, or who will become so responsible by virtue of the order, and is not withdrawn, the order shall be provisional only and shall be subject to special parliamentary procedure.

(2) Where any such order directs that an existing road shall become a trunk road, or that a road shall cease to be a trunk road, the date to be specified in that behalf in the order shall be the first day of April next after the date on which the order takes effect, or, where the order directs both that a road shall cease to be a trunk road and that a road proposed to be constructed by the Minister on a new route in substitution therefor shall become a trunk road, the first day of April next after the date on which notice is given by the Minister to the council who will become responsible for the maintenance of the first-mentioned road that the new route is opened for the purposes of through traffic.

(3) Where any such order directs that a road shall cease to be a trunk road, then, as from the date specified in that behalf in the order, the following authority, that is to say—

(a ) where the road is situated within a rural district, a county borough or a metropolitan borough, the council of the county comprising that district or the council of the county borough or metropolitan borough, as the case may be;

(b ) where the road is situated within any other borough or within an urban district, the council of the county comprising that borough or district, or the council of the borough or district, according as the road is or is not designated by the order as a classified road,

shall become the highway authority for the road:

Provided that in the case of a road in the county of London—

(a ) where the road includes a bridge or tunnel which, immediately before the road became a trunk road, was vested in the London County Council, that council shall become the highway authority for the bridge or tunnel and so much of the road as is carried thereby, but without prejudice to any liability of the council of any metropolitan borough to maintain and repair the carriageways and footways over any such bridge; and

(b ) if the Minister, after consultation with the London County Council and the council of the metropolitan borough in which the road is situated, considers that any other bridge or tunnel forming part of the road ought to be vested in the London County Council, the order may direct that that council shall become the highway authority for that bridge or tunnel and so much of the road as is carried thereby.

(4) A road for which the council of a county or of a county borough become the highway authority by virtue of the last foregoing subsection shall be deemed to be a county road, and in relation to a road for which the council of a county so become the highway authority section thirty-two of the Local Government Act, 1929 (which entitles the councils of certain boroughs and urban districts to claim the functions of maintenance and repair of county roads), shall have effect as if the road had become a county road on the date on which the order takes effect, but any functions of maintenance and repair claimed under the said section shall not be exercisable until the date on which the road becomes a county road.

(5) If any order made under section one of this Act, being an order which directs that a road proposed to be constructed by the Minister shall become a trunk road, is revoked or varied by a subsequent order made at any time before the date on which that road is opened for the purposes of through traffic, the revoking or varying order shall not be deemed for the purposes of this section to be an order directing that a road shall cease to be a trunk road.

S-3 Additional powers relating to one-way roads, cycle tracks etc.

3 Additional powers relating to one-way roads, cycle tracks etc.

(1) Where the Minister proposes to make an order under section one of this Act directing that any road shall become a trunk road and the Minister considers it expedient that that road, when it becomes a trunk road, should be used only for traffic passing in one direction, and that any other road, being a trunk road or a road which is to become a trunk road by virtue of the order, should be used only for traffic passing in the other direction, then, without prejudice to the power of the Minister to make orders under section forty-six of the Road Traffic Act, 1930 , the order under the said section one may make provision for restricting the use of those roads accordingly as from such date as may be specified in that behalf in the order, and thereupon the said provision shall have effect as if it were contained in an order made under subsection (2) of the said section forty-six, and the provisions of that section shall apply in relation thereto as they apply in relation to an order made under that subsection.

(2) Without prejudice to the powers of the Minister to improve trunk roads by the construction of cycle tracks and footpaths for use in connection therewith, or to provide such tracks or paths as part of any trunk road which he is authorised to construct, the power to make orders under section one of this Act directing that roads proposed to be constructed by the Minister shall become trunk roads may be exercised in relation to any such track or path proposed to be constructed by the Minister upon land separated by intervening land from the road in connection with which it is to be used; and any reference in the principal Act or this Act to a trunk road shall be construed as including a reference to a cycle track or footpath to which any such order relates:

Provided that in the application of the Act of 1935 to any such track or path as aforesaid, section one of that Act (which relates to the adoption of standard widths) shall not apply, and subsection (1) of section two of that Act (which relates to the restriction of development along the frontages of roads) shall have effect as if for the reference in paragraph (b ) thereof to land within two hundred and twenty feet from the middle of the road there were substituted a reference to land forming the site of the track or path.

(3) For the avoidance of doubt it is hereby declared that in calculating for the purposes of the Act of 1935 the middle of any trunk road in connection with which a cycle track or footpath is constructed, so much of the track or path as is separated from the road by any land not forming part of that road is to be disregarded.

S-4 Additional powers relating to side roads connected with trunk roads.

4 Additional powers relating to side roads connected with trunk roads.

(1) Without prejudice to the powers of the Minister as highway authority to construct and improve roads, the Minister may be authorised by means of an order made by him in accordance with the provisions of the Second Schedule to this Act—

(a ) to carry out, in relation to any road specified in the order, such improvements as may be so specified, being improvements which the Minister considers it expedient to carry out for the purpose of effecting a safer or more convenient junction between a trunk road and any other road;

(b ) to construct any road on a route so specified, being a road which the Minister considers it expedient to construct for the purposes...

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