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Change 1
As published
23A Highways and traffic functions: directions by mayors
(1) A mayoral CCA may give a direction about the exercise of—
(a) an eligible power, or
(b) a street authority or permit authority power,
in respect of a particular key route network road or a description of roads which are all key route network roads.
(2) The power under this section to give a direction is exercisable only by the mayor for the area of a CCA on behalf of the CCA.
(3) A direction under this section must relate only to the exercise of a relevant power—
(a) by a constituent council of the CCA, and
(b) in—
(i) the area of the CCA, and
(ii) the area of the constituent council.
(4) Any direction given by virtue of this section—
(a) must be given in writing and may be varied or revoked by a further direction in writing, and
(b) may make different provision for different cases and different provision for different areas.
(5) Before giving a direction under this section, a mayor must have regard to the following—
(a) the network management duty imposed by section 16 of the Traffic Management Act 2004;
(b) the duty imposed by section 17 of that Act (duty to make arrangements for planning and carrying out action to be taken in performing the network management duty);
(c) any guidance issued under section 18 of that Act;
(d) any guidance issued under section 55 of this Act.
(6) On the day on which a mayor gives a direction under this section, the mayor must publish a copy of the direction in such manner as the mayor considers appropriate.
(7) A mayor who gives a direction under this section must reimburse any costs incurred by a council in complying with the direction (including administrative costs incurred in dealing with the direction).
(8) In a case where works are carried out in complying with the direction, the costs of the works are those incurred—
(a) before or while carrying out the works, or
(b) during the period that ends 12 months after completion of the works.
(9) In this section—
“eligible power” means a power of a county council or a unitary district council which the council has—
as highway authority by virtue of section 1 of the Highways Act 1980, or
as traffic authority by virtue of section 121A of the Road Traffic Regulation Act 1984;
“power”, in the definition of “eligible power” or street authority or permit authority power, does not include a duty;
“relevant power” means—
an eligible power, or
a street authority or permit authority power;
“street authority or permit authority power” means a power of a county council or a unitary district council which the council has—
as a street authority by virtue of section 49 of the New Roads and Street Works Act 1991, or
under section 33 or 33A of the Traffic Management Act 2004 or under a permit scheme prepared under section 33 of that Act.
Your change, as a redline
23A Highways and traffic functions: directions by mayors
(1) A mayoral CCA may give a direction about the exercise of—
(a) an eligible power, or
(b) a street authority or permit authority power,
in respect of a particular key route network road or a description of roads which are all key route network roads.
(2) The power under this section to give a direction is exercisable only by the mayor for the area of a CCA on behalf of the CCA.
(3) A direction under this section must relate only to the exercise of a relevant power—
(a) by a constituent council of the CCA, and
(b) in—
(i) the area of the CCA, and
(ii) the area of the constituent council.
(4) Any direction given by virtue of this section—
(a) must be given in writing and may be varied or revoked by a further direction in writing, and
(b) may make different provision for different cases and different provision for different areas.
(5) Before giving a direction under this section, a mayor must have regard to the following—
(a) the network management duty imposed by section 16 of the Traffic Management Act 2004;
(b) the duty imposed by section 17 of that Act (duty to make arrangements for planning and carrying out action to be taken in performing the network management duty);
(c) any guidance issued under section 18 of that Act;
(d) any guidance issued under section 55 of this Act.
(6) On the day on which a mayor gives a direction under this section, the mayor must publish a copy of the direction in such manner as the mayor considers appropriate.
(7) A mayor who gives a direction under this section must reimburse any costs incurred by a council in complying with the direction (including administrative costs incurred in dealing with the direction).
(8) In a case where works are carried out in complying with the direction, the costs of the works are those incurred—
(a) before or while carrying out the works, or
(b) during the period that ends 12 months after completion of the works.
(9) In this section—
“eligible power” means a power of a county council or a unitary district council which the council has—
as highway authority by virtue of section 1 of the Highways Act 1980, or
as traffic authority by virtue of section 121A of the Road Traffic Regulation Act 1984;
“power”, in the definition of “eligible power” or street authority or permit authority power, does not include a duty;
“relevant power” means—
an eligible power, or
a street authority or permit authority power;
“street authority or permit authority power” means a power of a county council or a unitary district council which the council has—
as a street authority by virtue of section 49 of the New Roads and Street Works Act 1991, or
under section 33 or 33A of the Traffic Management Act 2004 or under a permit scheme prepared under section 33 of that Act.
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