Paragraph 54 CRITERION No.2 (Section 16 - the network management duty)

The extent to which—

(a)

the evidence (see paragraphs 34 to 46 above) that an authority have or have not—

(i)

had regard for the Network Management Duty Guidance in performing their network management duties;

(ii)

considered and where appropriate taken action as envisaged by section 16(2) of the Act;

(iii)

exercised any power in support of that action;

(iv)

adopted indicators;

(v)

met targets to reduce congestion; and

(vi)

been the subject of individual circumstances which account for an apparent failure of a duty;

(b)

any specified information obtained under section 19 of the Act;

(c)

where relevant, the outcome of any consultation with the Mayor of London;

(d)

the conclusions reached after applying Criterion No.1; and

(e)

any other relevant evidence available,

seem to indicate to the Secretary of State that the authority may not be managing their road network with a view to achieving, so far as may be reasonably practicable having regard for their other obligations, policies and objectives, the objectives of securing the expeditious movement of traffic on their road network and facilitating the expeditious movement of traffic on road networks for which another authority are the traffic authority and as a consequence may be failing properly to perform their network management duty under section 16 of the Act.