(1) The authority who are for the time
being the highway authority for a highway maintainable at the
public expense are under a duty, subject to subsections (2) and
(4) below, to maintain the highway.
(2) An order made by the Minister under
section 10 above directing that a highway proposed to be
constructed by him shall become a trunk road any, as regards -
(3) Subsection (2) above applies to -
(a) a highway to which this subsection applies which
becomes a trunk road by virtue of the order, or
(b) a part of highway to which this subsection applies,
being a part which crosses the route of the highway to be so
constructed, contain such a direction as is specified in
subsection (4) below.
(4) The direction referred to in
subsection (2) above is -
(a) any highway maintainable at the public expense by a
local highway authority, and
(b) any highway other than a highway falling within
paragraph (a) above or a highway maintainable under a special
enactment or by reason of tenure, enclosure or prescription.
(a) in a case where the highway or part of a highway falls
within subsection (3)(a) above, a direction that, not
withstanding subsection (1) above, it shall be maintained by
the highway authority for that highway until such date, not
being later than the date on which the new route is opened for
the purposes of through traffic, as any be specified in a
notice given by the Minister to that authority; and
(b) in a case where the highway or part of a highway falls
within subsection (3)(b) above, a direction that,
notwithstanding subsection (1) above, the Minister is to be
under no duty to maintain it until such date as aforesaid.