SCHEDULES

SCHEDULE 14Amendment of Enactments Relating to Roads

The [1936 c. 5.] Trunk Roads Act 1936

39

In section 12 (application to Scotland)—

a

in subsection (2)(a), for the words " large burgh as defined in the [1929 c. 25.] Local Government (Scotland) Act 1929 " there shall be substituted the words " local highway authority " and in the proviso, the words " subsection (2) of section 3 and " shall cease to have effect and for the word " burgh " there shall be substituted the words " regional or district council ";

b

in subsection (2)(b), for the words from " the maintenance " to " 1929 " there shall be substituted the words " which the local highway authority ";

c

in subsection (2)(c), for the words " county or town council " there shall be substituted the words " local highway authority ";

d

in subsection (5), for the words " town council" there shall be substituted the words " local authority ";

e

in subsection (8), for any reference to a local authority there shall be substituted a reference to a local highway authority ;

f

in subsection (9), for the words "council of the county or large burgh " there shall be substituted the words " regional council for the area " and the proviso shall cease to have effect;

g

in subsection (10), for the substituted subsection (1) there shall be substituted the following subsection—

1

The Minister may by agreement with the local highway authority delegate to that authority all or any of his functions (including functions under the enactments mentioned in Part I of Schedule 3 to this Act) with respect to the maintenance, repair and improvement of, and other dealing with—

a

a trunk road within the area of the local highway authority ; or

b

a trunk road within the area of another local highway authority if the council thereof consent.

For the purposes of this subsection any reference to a trunk road shall include a reference to land acquired by the Minister under this Act which does not form part of a trunk road.

h

for subsection (12) there shall be substituted the following subsection—

12

Any power conferred by any enactment on a local highway authority to delegate functions to any other authority shall, as regards functions delegated to or vested in a local highway authority by or under this Act, be exercisable with the consent of the Secretary of State but not otherwise.