Paragraph 3 Power of direction: CCAsI1

Section 22 of LURA 2023 (directions relating to highways and traffic functions) is amended in accordance with this paragraph.

For the heading substitute “Highways and traffic functions: regulations conferring power to give directions”.

For subsection (1) substitute—

“(1)

The Secretary of State may by regulations—

(a)

confer on a non-mayoral CCA a power to give a direction about the exercise of an eligible power;

(b)

confer on a mayoral CCA a power to give a direction about the exercise of an eligible power in relation to roads that are not key route network roads (see section 24).”

For subsection (6) substitute—

“(6)

In subsection (5) “road”—

(a)

in the case of a power of direction under subsection (1)(a), has the meaning given by section 142(1) of the Road Traffic Regulation Act 1984;

(b)

in the case of a power of direction under subsection (1)(b), means a road that is not a key route network road;

(c)

in either case, does not include any road which is the subject of a concession agreement under Part 1 of the New Roads and Street Works Act 1991.”

After subsection (9) insert—

“(9A)

Before giving a direction under this section, a mayor or CCA 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.

(9B)

On the day on which a mayor or CCA gives a direction under this section, the mayor or CCA must publish a copy of the direction in such manner as the mayor or CCA considers appropriate.

(9C)

If a mayor of a CCA gives a direction under this section, the mayor must reimburse any costs incurred by a council in complying with the direction (including administrative costs incurred in dealing with the direction).

In a case where works are carried out in complying with the direction, the costs are those incurred to carry out those works or during the period that ends 12 months after completion of those works.”

In subsection (11), omit “Except as provided for by section 24(7),”.