Paragraph 55 CRITERION No.2 (Section 16 — the network management duty)

The extent to which—

(a)

the evidence (see paragraphs 31 to 43 above) that an authority has or has not—

(i)

had regard for the Network Management Duty Guidance in performing its 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)

any representations or proposals made, and any specified information provided, in response to an intervention notice;

(d)

the conclusions reached after applying Criterion No.1 at paragraph 53; and

(e)

any other relevant evidence available,

satisfy the Welsh Ministers that the authority is not managing its road network with a view to achieving, so far as may be reasonably practicable having regard to its other obligations, policies and objectives, the objectives of securing the expeditious movement of traffic on its road network and facilitating the expeditious movement of traffic on road networks for which another authority are the traffic authority, is, as a consequence, failing properly to perform its network management duty under section 16 of the Act and is unlikely to be able to rectify such failure within a reasonable time.