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Statutory Instrument 1995 No. 1986

The Contracting Out (Highway Functions) Order 1995

(The document as of February, 2008)

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STATUTORY INSTRUMENTS

1995 No. 1986

CONTRACTING OUT

The Contracting Out (Highway Functions) Order 1995

Made24th July 1995
Coming into force25th July 1995

    Whereas a draft of this Order has been laid before Parliament and approved by a resolution of each House of Parliament under section 77(2) of the Deregulation and Contracting Out Act 1994[1],
    Now, therefore, the Secretary of State for Transport, in exercise of the powers conferred by sections 69[2] and 77(1)(b) of that Act and of all other powers enabling him in that behalf, hereby makes the following Order:—
    Citation, commencement and interpretation
        1.—(1)  This Order may be cited as the Contracting Out (Highway Functions) Order 1995 and shall come into force on the day after the day on which it is made.

        (2)  In this Order, unless the context otherwise requires:
      "the 1980 Act" means the Highways Act 1980[3];

      "the 1991 Act" means the New Roads and Street Works Act 1991[4];

      "highway" has the same meaning as it has in section 328 of the 1980 Act;

      "highway authority" has the same meaning as it has in section 1 of the 1980 Act;

      "highway connected land" means land which does not form part of a highway but which has been acquired by the Secretary of State for Transport in connection with a highway under section 239(1) or (4) or section 246 of the 1980 Act or otherwise; and

      "Secretary of State" means the Secretary of State for Transport.

        (3)  In Schedule 1 to this Order, any expression used in the 1980 Act has the same meaning as it has in that Act unless the context otherwise requires.

        (4)  In Schedule 2 to this Order, any expression used in the 1991 Act has the same meaning as it has in that Act unless the context otherwise requires.
    Contracting out of functions of the Secretary of State for Transport
        2.    Any function of the Secretary of State for Transport which is listed in Schedule 1, 2 or 3 to this Order may be exercised by, or by employees of, such person (if any) as may be authorised in that behalf by the Secretary of State for Transport.
    Consequential provision
        3.    Section 6(8) of the 1980 Act shall be amended by substituting for the words "with the provisions of this section" the words
      "with
        (a) the provisions of this section; or
        (b) the provisions of any order made under section 69 of the Deregulation and Contracting Out Act 1994".


Signed by authority of the Secretary of State for Transport

John Watts

Minister of State, Department of Transport

24th July 1995




Notes:

[1] 1994 c. 40.

[2] Section 79(1) contains a definition of "Minister".

[3] 1980 c. 66.

[4] 1991 c. 22.

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