Local Government etc. (Scotland) Act 1994
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Change 1
42 Power to secure management of traffic control system.
(1) Where the Secretary of State considers that— (a) for the purposes of securing the expeditious, convenient and safe movement of vehicular and other traffic (including pedestrians), a system of traffic control should extend across the roads of two or more traffic authorities; and (b) the authorities for those roads have not made satisfactory joint arrangements for the exercise of such of their functions under the Road Traffic Regulation Act 1984 as are necessary to secure the provision and management of such a system of traffic control, he may make an order under this section. (2) An order under this section may transfer to the Secretary of State such functions of those authorities under that Act as he considers necessary to enable him to secure the provision and management of such a system. (3) The Secretary of State may enter into arrangements with such an authority for the carrying out by that authority on his behalf of the functions mentioned in subsection (2) above. (4) Any expenses reasonably incurred by the Secretary of State in exercising the functions transferred by an order under this section may be recovered by him from the traffic authorities from which the functions were transferred in such proportions— (a) as may be agreed between the authorities; or (b) where there is no agreement, as may be determined by him. (5) In this section— “road” has the same meaning as in the Roads (Scotland) Act 1984; and “traffic authority” has the meaning given by section 121A of the Road Traffic Regulation Act 1984.
42 Power to secure management of traffic control system.
(1) Where the Secretary of State considers that— (a) for the purposes of securing the expeditious, convenient and safe movement of vehicular and other traffic (including pedestrians), a system of traffic control should extend across the roads of two or more traffic authorities; and (b) the authorities for those roads have not made satisfactory joint arrangements for the exercise of such of their functions under the Road Traffic Regulation Act 1984 as are necessary to secure the provision and management of such a system of traffic control, he may make an order under this section. (2) An order under this section may transfer to the Secretary of State such functions of those authorities under that Act as he considers necessary to enable him to secure the provision and management of such a system. (3) The Secretary of State may enter into arrangements with such an authority for the carrying out by that authority on his behalf of the functions mentioned in subsection (2) above. (4) Any expenses reasonably incurred by the Secretary of State in exercising the functions transferred by an order under this section may be recovered by him from the traffic authorities from which the functions were transferred in such proportions— (a) as may be agreed between the authorities; or (b) where there is no agreement, as may be determined by him. (5) In this section— “road” has the same meaning as in the Roads (Scotland) Act 1984; and “traffic authority” has the meaning given by section 121A of the Road Traffic Regulation Act 1984.
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