# Trunk Roads Act 1946, Schedule FOURTH: Modifications of Principal Act as respects London


Provision modified.
Modification.
Section 3
In subsection (1), for the words from " highway authorities " to " local authority " there shall be substituted the words " any local authority as highway authority ".
In subsection (2), the words " shall not be exercisable by a county council in any borough or urban district but save as aforesaid " and the words " shall not be exercisable by a county council in any borough or urban district and ' shall be omitted; for the words " Parts I and II " there shall be substituted the words " Part I " ; and for the words " those Parts" there shall be substituted the words " that Part ".
In subsection (4), for the words " county road ", in both places where those words occur, there shall be substituted the words " road repairable by a local authority ".
In subsection (5), for the words " county roads or roads chargeable to a county " there shall be substituted the words " roads repairable by a local authority ".
Section 4
For subsection (1) there shall be substituted the following subsection:—
“(1) Notwithstanding anything in section twenty of the Restriction of Ribbon Development Act, 1935 (hereinafter in this section referred to as' the Act of 1935 ') the provisions of that Act shall apply in relation to a road in the County of London so long as that road is a trunk road, and the functions of the highway authority under sections one and two of that Act shall be exercisable, in relation to any such road, by the London County Council, and in this section the expression ' the authority ' means the authority by whom the said functions are exercisable.'”
Section 5
For subsection (1) there shall be substituted the following subsection :—
“(1) The Minister may by agreement with any local authority delegate to that authority all or any of his functions (including functions under the enactments mentioned in Part I of the Third Schedule to this Act) with respect to the maintenance, repair and improvement of, and other dealing with, any trunk road or any land acquired under this Act which does not form part of a trunk road :
Provided that such functions shall not be delegated to the council of a metropolitan borough with respect to any road or land in any other metropolitan borough except with the consent of the council of the metropolitan borough in which the road or land is situated and shall not be delegated to any local authority with respect to a road or land outside the County of London except with the consent of the council of the county or county borough in which the road or land is situated.”
Section 6
In subsection (1), for the words from " the council" to " urban district " there shall be substituted the words " any local authority ".
In paragraph (a) of the proviso to subsection (3), for the words from " the council " to the end of the paragraph there shall be substituted the words " the London County Council and the council of the metropolitan borough in which the road across the trunk road is situated " ; and in paragraph (b) of the said proviso, for the words from " council in whom " to the end of the paragraph there shall be substituted the words " London County Council or the council of the metropolitan borough in which the connection or approach is situated, or partly in one of those councils and partly in the other, according as the Minister, after consultation with those councils, may direct, and the council in whom the connection or approach or any part thereof is so vested shall be responsible for the maintenance and repair thereof. "
For subsection (6) there shall be substituted the following subsection:—
“(6) Subsection (2) of section one hundred and thirteen of the Public Health (London) Act, 1936 (which relates to the vesting of the subsoil of streets for the purpose of the exercise by sanitary authorities of their powers under that subsection subject to an exception respecting bridges of the county council) shall have effect, in relation to trunk roads, as if references therein to the county council included references to the Minister”.
Subsection (7) shall be omitted.
In subsection (8), for the words from the beginning to " may ", in the first place where that word occurs, there shall be substituted the words " The London County Council and the council of any metropolitan borough may " , and the words from " and the council of any borough " to the end of the subsection shall be omitted.
Section 9
For subsections (2) and (3) there shall be substituted the following subsections :—
“(2) Subsection (3) of section sixty of the London Government Act, 1939 (which provides that no liability exceeding fifty pounds shall be incurred by a local authority except on a resolution of the authority passed on an estimate submitted by the finance committee) shall not apply to any liability incurred by a local authority as agents for the Minister under this Act,
(3) Subsections (2) and (3) of section one hundred and nineteen of the said Act (which regulates payments out of the county fund) and subsections (2) and (3) of section one hundred and twenty-two of that Act (which regulates payments out of the general rate fund of a metropolitan borough) shall not apply to any payments made for the purpose of meeting liabilities incurred by the London County Council or by a metropolitan borough council as agents for the Minister under this Act.”
Section 10
In subsection (1), for the reference to subsections (2), (3), (4) and (5) of section two hundred and ninety of the Local Government Act, 1933, there shall be substituted a reference to subsections (2), (3), (4) and (5) of section one hundred and eighty-nine of the London Government Act, 1939-
Section 13
In the definition of " county ", after' the words " administrative county " there shall be added the words " including the County of London " ; after that definition there shall be inserted the following definition :—
“' County of London ' means the Administrative County of London as defined in subsection (1) of section one of the London Government Act, 1939, exclusive of the City of London”;
and for the definition of" local authority " there shall be substituted the following definition :—
“' Local authority ' means the London County Council or a metropolitan borough council”.
Schedule II
The following enactments shall be included in the Schedule, subject to the modifications respectively specified in relation thereto, that is to say :—
The Metropolis Management Amendment Act, 1862 (25 & 26 Vict. c. 102)
Section 72
The words "with the previous consent in writing of the Metropolitan Board of Works " shall be omitted.
Section 82
For the words from " the surveyor " to the end of the section there shall be substituted the words " the Minister ".
Schedule III
In Part I, the references to the 38 & 39 Vict. c. 55.Public Health Act, 1875, the 56 & 57 Vict. c. 73.Local Government Act, 1894, the 7 Edw. 7. c. 53.Public Health Acts Amendment Act, 1907, and the Public Health Act, 1925, shall be omitted, and the following enactments shall be included therein, subject to the modifications, if any, respectively specified in relation thereto, that is to say :—
The Metropolis Management Act, 1855 (18 & 19 Vict. c. 120)
Sections 102 and 121.
Section 122
The words "the clerk or surveyor of" shall be omitted.
Section 140
The word " paving " shall be omitted.
The Metropolis Management Amendment Act, 1862 (25 & 26 Vict. c. 102)
Section 86
The words " paving and ", the words " paving or making up or ", and the words " and the repair and maintenance of such roadway or footpaths" shall be omitted.
The Metropolis Management Amendment Act 1890, (53 & 54 Vict. c. 66)
Section 6
The words from " it shall not be lawful to form" to " expressed in writing and", the words from " If the vestry or district board shall refuse their approval" to " person appealing", the words " or on appeal by the Council" and the words "or on appeal of the Council " shall be omitted.
The Public Health (London) Act, 1936 (26 Geo. 5. and 1 Edw. 8. c. 50)
Subsection (4) of section 86.
For Parts II and III there shall be substituted the following Parts:—
PART II
Functions of local authorities in London exercisable in relation to trunk roads by the Minister as well as by other authorities.
The Metropolis Management Act, 1855 (18 & 19 Vict. c. 120)—
Section 119
Section 120
The Barbed Wire Act, 1893 (56 & 57 Vict. c. 32)—
Section 3
PART III
Functions of local authorities in London exercisable in relation to trunk roads by the Minister and by other authorities with the consent of the Minister.
The Metropolis Management Act, 1855 (18 & 19 Vict. c. 120)—
Section 108
The Public Health (London) Act, 1936 (26 Geo. 5 & 1 Edw. 8. c. 50.)
Section 25
Section 30
Section 55
Schedule IV
For paragraph 6 there shall be substituted the following paragraphs:—
“6 In subsection (1) of section thirteen for the words from ' and the provisions' to ' under that Act' there shall be substituted the words ' and the provisions of sections one hundred and two, one hundred and three, one hundred and four and one hundred and five of the London Government Act, 1939, and paragraph (a) of subsection (1) of section one hundred and fourteen of that Act, shall apply with respect to any such order in like manner as they apply to orders to be confirmed by the Minister of Health under that Act.'
6A Sections thirteen to fifteen of the said Act shall, in their application to the acquisition of land by the Minister, have effect subject to the following modifications :—
(a) in section thirteen the expression ' improvement' shall have the same meaning as in this Act and in subsection (1) of the said section the words ' by them and confirmed ' shall be omitted ;
(b) in sections one hundred and two, one hundred and three and one hundred and rive of the London Government Act, 1939, as applied by the said section thirteen as modified by the last foregoing paragraph, for the references to a local authority there shall be substituted references to the Minister, for the references to an order made by a local authority and confirmed by the Minister there shall be substituted references to an order made by the Minister, for the references to the making of an order there shall be substituted references to the preparing of a draft order and for the references to the submitting of an order to, or the confirming of an order by, the Minister, there shall be substituted references to the making of an order by him ; and
(c) paragraphs (b) and (c) of subsection (3) of the said section thirteen and subsection (3) of section seven of the Bridges Act, 1929, as applied by subsection (2) of the said section fourteen shall not apply.”
Schedule V
In paragraph 1, the words " and improvement lines " and sub-paragraphs (a) and (c) of paragraph 3, shall be omitted.

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Source: https://www.legislation.gov.uk/ukpga/Geo6/9-10/30/schedule/FOURTH (the official version)
Page: https://openlegislation.uk/trunk-roads-act-1946/schedule-FOURTH
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.