The A46 Trunk Road (Stoneleigh Junction) (Slip Roads) Order 2019

Made: 14th June 2019

Coming into force: 5th July 2019

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

1

This Order may be cited as the A46 Trunk Road (Stoneleigh Junction) (Slip Roads) Order 2019 and shall come into force on 5th July 2019.

2

In this Order -

• “the trunk roads” means the new slip roads;

• “the plan” means the plan numbered 9.2-A46 – 083-6316A marked “The A46 Trunk Road (Stoneleigh Junction) (Slip Roads) Order 2019”, signed by authority of the Secretary of State for Transport and deposited at Document Deposit Service, Communities and Local Government, Floor 13 (IMD), Ashdown House, St Leonards on Sea, Hastings, East Sussex TN37 7GA.

• “the slip roads” means the new highways which are proposed to be constructed along the routes described in the Schedule to this Order and connect the trunk road with Stoneleigh Road.

3

The new slip roads shall become trunk roads from the date when this Order comes into force.

4

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

5

The Secretary of State directs that Highways England Company Limited[^f00003] will be the highways authority for the new trunk roads.

6

The Secretary of State directs that in respect of any part of a highway which crosses the route of any of the new trunk roads 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, neither the Secretary of State nor Highways England shall be under a 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.

SCHEDULE — ROUTES OF THE SLIP ROADS

The routes of the slip roads are as follows:

• (a) A route to connect a new roundabout to be constructed on Stoneleigh Road, Kenilworth with the northbound carriageway of the A46 Trunk Road. The entry slip road along this route is given the reference number 1 on the plan.

• (b) A route to connect the southbound carriageway of the A46 Trunk Road with a new roundabout to be constructed on Stoneleigh Road, Kenilworth. The exit slip road along this route is given the reference number 2 on the plan.

Signed

Signed by authority of the Secretary of State for Transport

Simon Connick — Senior Civil Servant — Department for Transport — 14th June 2019

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

This order authorises Highways England Company Limited to construct 2 new slip roads to connect the A46 Trunk Road to the new roundabout on Stoneleigh Road, Kenilworth being constructed by Warwickshire County Council.

Highways England Company Limited as highways authority for the A46 Trunk Road intends to give authority under Section 6 of the Highways Act 1980 to Warwickshire County Council allowing the council to carry out works on the trunk road network.

Footnotes

[^f00001]: 1980 c.66. Section 10 was amended by the New Roads and Street Works Act 1991 (c. 22), section 22(2), the Planning Act 2008 (c.29), paragraph 22 of Schedule 2 and the Infrastructure Act 2008 (c.7), paragraph 10 of Schedule 1. Section 41 was amended by the Railways and Transport Safety Act 2003 (c. 20), section 111 and the Infrastructure Act, paragraph 20 of Schedule 1.

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

[^f00003]: A company incorporated in England and Wales under the company number 9346363 and appointed as a strategic highways company by S.I. 2015/376.