The A628/A616 Trunk Road (Flouch Junction Improvement and Detrunking) Order 1994

Made: 9th September 1994

Coming into force: 30th September 1994

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 powers enabling him in that behalf:—

1

This Order may be cited as the A628/A616 Trunk Road (Flouch Junction Improvement and Detrunking) Order 1994 and shall come into force on 30th September 1994.

2

In this Order—

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

• (b)

• (i) “the main new road” means the new highway which the Secretary of State proposes to construct along the route described in Schedule 1 to this Order:

• (ii) “the new trunk road” means the main new road:

• (iii) “the plan” means the plan numbered HA10/YHNMD 17 marked “The A628/A616 Trunk Road (Flouch Junction Improvement and Detrunking) Order 1994”, signed by authority of the Secretary of State for Transport and deposited at the Department of Transport, Romney House, 43 Marsham Street, London SW1P 3PY;

• (iv) “principal road” as a classification for a highway, means that the highway is a principal road for the purposes of enactments and instruments which refer to high– ways classified as principal roads and is also classified for the purpose of every other enactment and instrument which refers to highways classified by the Secretary of State; and

• (v) “the trunk road” means the Liverpool—Skegness Trunk Road (A628/ A616).

3

From the date when this Order comes into force the main new road shall become a trunk road.

4

The centre line of the new trunk road is indicated by a heavy black line on the plan.

5

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 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 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 traffic.

6

The lengths of the A628 trunk road and the A616 trunk road described in Schedule 2 to this Order, which are shown by broad black dashes on the plan, shall cease to be trunk roads. The length of the A628 trunk road shall be an unclassified road and the length of the A616 trunk road shall be classified as a principal road from the date on which the Secretary of State notifies the Barnsley Metropolitan Borough Council that the main new road is open for traffic.

SCHEDULE 1 — ROUTE OF THE MAIN NEW ROAD

The route of the main new road is about 1.00 kilometre in length, from a point 900 metres west of Flouch Junction on the A628 Trunk Road in the Metropolitan Borough of Barnsley in the County of South Yorkshire proceeding in an easterly direction to a point 225 metres south of Flouch Junction on the A616 Trunk Road in the said Borough and County.

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

The length of the trunk road ceasing to be a trunk road is situated between a point 540 metres west of Flouch Junction on the A628(T) and a point 130 metres south of Flouch Junction on the A616(T) in the said Borough and County, a distance of 0.67 kilometres.

Signed

Signed by authority of the Secretary of State for Transport

K. A. Lasbury — Acting Director The Highways Agency Network Management Division — 9th September 1994

Footnotes

[^f00001]: 1980 c. 66.

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