{
  "url": "https://openlegislation.uk/traffic-management-guidance-on-intervention-criteria-england-order-2007/schedule/paragraph-59",
  "json_url": "https://openlegislation.uk/traffic-management-guidance-on-intervention-criteria-england-order-2007/schedule/paragraph-59.json",
  "legislation": "uksi/2007/339",
  "legislation_title": "The Traffic Management (Guidance on Intervention Criteria) (England) Order 2007",
  "legislation_url": "https://openlegislation.uk/traffic-management-guidance-on-intervention-criteria-england-order-2007",
  "path": "schedule/paragraph/59",
  "kind": "paragraph",
  "number": "59",
  "heading": "CRITERION No.4 (Section 16 - the network management duty)",
  "text": "The extent to which—\n(a) the evidence (see paragraphs 34 to 46 above) that an authority have or have not—\n(i) had regard for the Network Management Duty Guidance in performing their network management duties;\n(ii) considered and where appropriate taken action as envisaged by section 16(2) of the Act;\n(iii) exercised any power in support of that action;\n(iv) adopted indicators;\n(v) met targets to reduce congestion; and\n(vi) been the subject of individual circumstances which account for an apparent failure of a duty;\n(b) any specified information obtained under section 19 of the Act;\n(c) where relevant, the outcome of the further consultation with the Mayor of London;\n(d) any representations or proposals made, and any specified information provided, in response to an intervention notice;\n(e) the conclusions reached after applying Criterion No.3; and\n(f) any other relevant evidence available,\nsatisfy the Secretary of State that the authority are not managing their road network with a view to achieving, so far as may be reasonably practicable having regard to 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, are, as a consequence, failing properly to perform their network management duty under section 16 of the Act and are unlikely to be able to rectify such failure within a reasonable time.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [
    {
      "type": "words omitted",
      "affecting": "uksi/2013/1644",
      "affecting_title": "The Local Transport Act 2008 (Traffic Commissioners) (Consequential Amendments) Order 2013"
    }
  ],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2007/339/schedule/paragraph/59",
    "retrieved_at": "2026-10-29T04:05:14.057678+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}