Statutory Instrument 1991 No. 628

The A39 Trunk Road (Wadebridge Bypass) Order 1991

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© Crown Copyright 1991

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1991 No. 628

HIGHWAYS, ENGLAND AND WALES

The A39 Trunk Road (Wadebridge Bypass) Order 1991

The Secretary of State for Transport makes this Order in exercise of powers conferred by sections 10, 41 and 106 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 I to this Order (the highway along this route being in this Order referred to as "the new trunk road") 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 new trunk road is opened for the purpose of through traffic.

    4.    The Secretary of State is authorised to construct the bridge specified in Schedule 2 to this Order as part of the new trunk road.

    5.    In this Order:—

    (1)  all measurements of distance, other than in Schedule 2, are measured along the route of the relevant highway;

    (2)  
 (i) "the deposited plan" means the plan numbered HA 10/2SWM63 marked "The A39 Trunk Road (Wadebridge Bypass) Order 1991", signed by authority of the Secretary of State and deposited at the Department of Transport, Romney House, 43 Marsham Street, London, SWIP 3PY;
 (ii) "the new trunk road" means the highway mentioned in article 1 of this Order; and
 (iii) "the trunk road" means the A39 Trunk Road.

    6.    This Order shall come into force on 4th April 1991 and may be cited as the A39 Trunk Road (Wadebridge Bypass) Order 1991.

Signed by authority of the Secretary of State for Transport

Elizabeth Hopkins

Regional Director, South West Region, Department of Transport

7th March 1991

[1] 1980 c. 66 back

[2] S.I. 1981/238. back

Explanatory Note