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Power to stop up and divert roads. 7.(1) Where on representations made to it by an aerodrome undertaking the Ministry is satisfied that it is reasonably necessary to do so for the purposes of establishing, developing, maintaining or operating an aerodrome, the Ministry may by order [stop up or divert] any road. (2) An order under this section may provide for all or any of the following matters, that is to say (a)... the provision or improvement of any road so far as the Ministry thinks such provision or improvement necessary or desirable in consequence of any such stopping up or diversion as aforesaid; Para.(b) rep. by SRO (NI) 1973/285 (c)for directing that any road to be provided or improved in consequence of the stopping up or diversion of a trunk road under the order shall itself be a trunk road for all or any of the purposes of the enactments relating to trunk roads; (d)for the retention or removal of any cables, mains, pipes, wires or similar apparatus placed along, across, over or under any road stopped up or diverted under the order, and for the extinguishment, modification or preservation of any rights as to the use or maintenance of that apparatus; (e)if any road is to be provided or improved under the order, for authorising or requiring the provision of any such apparatus as aforesaid along, across, over or under that road, in lieu of any apparatus removed from a road in pursuance of the order, and for conferring rights as to the use or maintenance of apparatus so provided; (f)for requiring the Ministry or any other specified authority or person to pay, or to make contributions in respect of, the cost of doing any work provided for by the order or any increased expenditure to be incurred which is ascribable to the doing of any such work. (3) An order under this section may contain such consequential, incidental and supplemental provisions as appear to the Ministry to be necessary or expedient for the purposes of the order. (4) An order made under this section shall be subject to affirmative resolution. (5) The powers of the Ministry under this section shall include power to make an order [to stop up or divert] any road which is temporarily stopped up or diverted under any other enactment; and the provisions of this section shall not prejudice any power conferred upon the Ministry by any other enactment [to stop up or divert] a road.
© 1971 Crown Copyright
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