1. The new highway which the Secretary of State proposes to construct along the route described in Schedule 1 to this Order shall become a trunk road as from the date when this Order comes into force.

2. The centre line of the new trunk road is indicated by a heavy black line on the deposited plan.

3. The Secretary of State directs as respects any part of a highway which crosses the route of the new trunk road that-

(a)where the highway is a highway maintainable at the public expense by a local highway authority, the part in question shall be maintained by that authority, and

(b)where the highway is not a highway so maintainable and is not maintainable under a special enactment or by reason of tenure, enclosure or prescription, the Secretary of State shall be under no duty to maintain the part in question,

until, in either case, a date to be specified in a notice given by the Secretary of State to the highway authority for that highway. The date specified will not be later than the date on which the relevant route is opened for the purposes of through traffic.

4. As from the date on which the Secretary of State notifies the County Council of Derbyshire that the new trunk road is open for through traffic, the length of the Trunk Road described in Schedule 2 to this Order, and shown by broad striped hatching on the deposited plan, shall cease to be a trunk road and shall be classified as a principal road.

5. In this Order-

(1) all measurements of distance are measured along the route of the relevant highway and are approximate only;

(2) (i) "the deposited plan" means the plan numbered HA10/EM 90 marked "The A52 Trunk Road (Ashbourne Relief Road) Order 1992", signed by authority of the Secretary of State and deposited at the Department of Transport, Romney House, 43 Marsham Street, London SW1P 3PY;

(ii)"the new trunk road" means the highway mentioned in article 1 of this Order;

(iii)"principal road" as a classification for a highway, means that the highway is a principal road for the purposes of enactments and instruments which refer to high-ways classified as principal roads and is also classified for the purpose of every other enactment and instrument which refers to highways classified by the Secretary of State; and

(iv)"the Trunk Road" means the A52 Trunk Road.

6. This Order shall come into force on 1st October 1992 and may be cited as the A52 Trunk Road (Ashbourne Relief Road) Order 1992.

SCHEDULE 1ROUTE OF THE NEW TRUNK ROAD

The route of the new trunk road is a route at Ashbourne in the County of Derbyshire about 2.53 kilometres in length, starting at a point on the Trunk Road 94 metres south west of its junction with Watery Lane, extending in a south easterly direction, terminating at a point on the Trunk Road 222 metres north west of its junction with Moor Lane. Three roundabouts are to be constructed within the new trunk road:

(i)one the centre of which is at a point 60 metres south west of the centre line of the Mayfield Road/Watery Lane junction;

(ii)one the centre of which is at a point 152 metres south west of the centre line of the Clifton Road/Highfield Road junction; and

(iii)one the centre of which is at a point 217 metres north west of the centre line of the Derby Road/Moor Lane junction.

SCHEDULE 2LENGTH OF TRUNK ROAD CEASING TO BE A TRUNK ROAD

The length of the Trunk Road ceasing to be a trunk road at Ashbourne in the County of Derbyshire is the length between a point 94 metres south west of its junction with Watery Lane and a point 222 metres north west of its junction with Moor Lane.