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Statutory Instrument 1990 No. 283

The A41 London-Birmingham Trunk Road (Berkhamsted Bypass) Order 1985 Amendment Order and New Trunk Roads Order 1990

(The document as of February, 2008)

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STATUTORY INSTRUMENTS

1990 No. 283

HIGHWAYS, ENGLAND AND WALES

The A41 London-Birmingham Trunk Road (Berkhamsted Bypass) Order 1985 Amendment Order and New Trunk Roads Order 1990

Made15th February 1990
Coming into force16th March 1990

    The Secretary of State for Transport makes this Order in exercise of powers conferred by sections 10 and 41 of the Highways Act 1980[1], and now vested in him[2], and of all other enabling powers.
        1.    The A41 London-Birmingham Trunk Road (Berkhamsted Bypass) Order 1985[3] is hereby amended so that for each length of new highway specified in an item in column 2 of the Table below there is substituted the length of new highway specified in that item in column 3 of that Table.
    Table
    (1) Item No(2) Length of new highway in the principal order(3) Length of new highway which becomes a trunk road by virtue of this order
    1The roundabout proposed at the junction of the original route with Hemp LaneThe route marked Amendment No 1 on the No 2 deposited plan
    2That much of the original route which extends from a point about 150 metres west of where it crosses the A416 Chesham road eastwards for a distance of about 620 metres and the roundabout proposed at its junction with the A416 Chesham RoadThe route marked Amendment No 2 on the No 2 deposited plan
    3That much of the original route which extends from a point about 300 metres west of its junction with the trunk road eastwards for a distance of about 300 metres.The route marked Amendment No 3 on the No 2 deposited plan
        2.    The new highways which the Secretary of State proposes to construct-
       (a) as specified in column 3 of the Table in article 1 above; and
       (b) as described in the Schedule to this order
    shall become trunk roads as from the date on which this order comes into force.
        3.—(1)  Each of the lengths of the new highways described in column 2 of the Table in article 1 above is shown by broad striped hatching on the No 2 deposited plan.

        (2)  The centre line of each of the lengths of the new highways referred to in article 2 above is shown by a heavy black line on the No 2 deposited plan.
        4.    The Secretary of State directs that as respects any part of a highway that crosses the route of any of the new trunk roads referred to in article 2 above 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 Sate 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.
        5.    The heavy black lines showing the lengths of the new highways described in column 2 of the Table in article 1 above on the deposited plan as defined in article 4(2)(i) of the principal order shall be deemed to be omitted from that plan.
        6.    In this Order-

        (1)  All measurements of distance are measured along the route of the relevant highway;

        (2)  
       (i) "the No 2 deposited plan" means the plan numbered HA10/2E/285, marked "The A41 London-Birmingham Trunk Road (Berkhamsted Bypass) Order 1985 Amendment Order and New Trunk Roads Order 1990", 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 original route" means the route of the new road described in Schedule 1 to the principal order;
       (iii) "the principal order" means the A41 London-Birmingham Trunk Road (Berkhamsted Bypass) Order 1985;
       (iv) "the main new trunk road" means the trunk road to be constructed in pursuance of article 1 to the principal order and this Order;
       (v) "the new trunk roads" mean the highways mentioned in article 2(b) of this Order and described in the Schedule to this Order; and
       (vi) "the trunk road" means the London-Birmingham Trunk Road (A41).

        7.    This Order shall come into force on 16th March 1990 and may be cited as the A41 London-Birmingham Trunk Road (Berkhamsted Bypass) Order 1985 Amendment Order and New Trunk Roads Order 1990.


Signed by authority of the Secretary of State for Transport

Peter Emms

Regional Director Eastern Region Department of Transport

15th February 1990




Notes:

[1] 1980 c. 66.

[2] S.I. 1981/238.

[3] S.I. 1985/624.

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