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The A49 Shrewsbury–Whitchurch–Warrington Trunk Road (Prees By-Pass) Order 1987

Type Statutory-Instrument

Publication 1987-03-31

State In force

Department Queen's Printer of Acts of Parliament

Source legislation.gov.uk

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Made: 31st March 1987

Coming into force: 22nd May 1987

The Secretary of State for Transport makes this Order in exercise of powers conferred by sections 10, 12 and 41 of the Highways Act 1980[^f00001], and now vested in him[^f00002], and of all other enabling powers:

1

The new highway which the Secretary of State proposes to construct along the route described in Schedule 1 to this Order 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 any of the new trunk roads 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 relevant route is opened for the purposes of through traffic.

4

The length of trunk road described in Schedule 2 to this Order and shown by broad striped hatching on the deposited plan shall cease to be a trunk road and shall be classified as a classified road as from the date on which the Secretary of State notifies the County Council of Shropshire that the new trunk road is open for through traffic.

5

In this Order–

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

2 i “classified road”	as a classification for a highway, means that the highway is not a principal road for the purposes of enactments or instruments which refer to highways classified as principal roads but is a classified road for the purpose of every enactment and instrument which refers to highways classified by the Secretary of State and which does not specifically refer to their classification as principal roads;
ii “the deposited plan”	means the plan numbered HA10/2WM124 marked “The A49 Shrewsbury–Whitchurch–Warrington Trunk Road (Prees By-Pass) Order 1987” signed by authority of the Secretary of State and deposited at the Department of Transport, Romney House, Marsham Street, London SW1P 3PY;
iii “the new trunk road”	means the highway mentioned in article 1 of this Order;
iv “the Trunk Road”	means the Shrewsbury–Whitchurch–Warrington Trunk Road (A49).

6

This Order shall come into force on 22nd May 1987 and may be cited as the A49 Shrewsbury–Whitchurch–Warrington Trunk Road (Prees By-Pass) Order 1987.

SCHEDULE 1 — ROUTE OF THE NEW TRUNK ROAD

The route of the new trunk road is a route at Prees in the County of Shropshire, about 1.52 kilometres in length, leaving the existing Trunk Road A49 approximately 830 metres north of Church Street, then going southwards to re-join the existing Trunk Road A49 at a point approximately 780 metres south of Church Street.

SCHEDULE 2 — LENGTH OF TRUNK ROAD CEASING TO BE A TRUNK ROAD

The length of the Trunk Road ceasing to be a trunk road is that length of the Trunk Road which is situated between a point approximately 710 metres north of Church Street and a point 750 metres south of Church Street.

Signed

Signed by authority of the Secretary of State.

Hugh Ellis-Rees — Regional Director West Midlands Region — Department of Transport — 31st March 1987

Footnotes

[^f00001]: 1980 c. 66.

[^f00002]: S.I. 1981/238.

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