Title and introductory text
2014 No. 2657
Highways, England
The A138 (Replacement Chelmer Viaduct) (Trunking) Order 2014
Made
26th September 2014
Coming into force
3rd October 2014
The Secretary of State for Transport, in exercise of powers conferred by sections 10, 41 and 106 of the Highways Act 1980 and vested in the Secretary of State, makes the following Order.
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This Order may be cited as the A138 Trunk Road (Replacement Chelmer Viaduct) (Trunking) Order 2014 and shall come into force on 3rd October 2014.
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In this Order—
(1) all measurements of distance are measured along the route of the relevant highway;
(2) —
(i) “the 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 plan” means the plan numbered HA/10/NOD/007, containing a plan marked “The A138 (Replacement Chelmer Viaduct) (Trunking) Order 2014”, signed by authority of the Secretary of State for Transport and deposited at ODPM-DfT Records Management Branch, Floor 13 (IMD), Ashdown House, St Leonards on Sea, Hastings, East Sussex TN37 7GA.
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The new road shall become a trunk road from the date on which this Order comes into force.
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The centre line of the trunk road is indicated by a heavy black line on the plan.
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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 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.
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The Secretary of State is authorised to construct the viaduct specified in Schedule 2 to this Order as part of the new road along the route on the plan.
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