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 new trunk road is opened for purposes of through traffic.

4. The length of 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 classified road as from the date on which the Secretary of State notifies the County Council of Warwickshire that the new trunk road is open for through traffic.

5. In this Order-

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

(2) (i) "classified road" as a classification for a highway, means that the highway is not a principal road for the purposes of enactments or instruments which refer to highways classified as principal roads but is a classified road for the purpose of every enactment and instrument which refers to highways classified by the Secretary of State and which does not specifically refer to their classification as principal roads;

(ii)"the deposited plan" means the plan numbered HA 10/2WM 145, marked "The A423 Trunk Road (Southam Bypass) Order 1990" signed by authority of the Secretary of State and deposited at the Department of Transport, Romney House, 43 Marsham Street, London SW1P 3PY;

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

(iv)"the Trunk Road" means the Coventry-Oxford Trunk Road (A423).

6. This Order shall come into force on 22nd February 1991 and may be cited as the A423 Trunk Road (Southam Bypass) Order 1990.

SCHEDULE 1ROUTE OF THE NEW TRUNK ROAD

The route of the new trunk road is at Southam in the County of Warwickshire and is about 2.48 kilometres in length, starting at a point on the Trunk Road (Banbury Road) 210 metres south of its junction with Old Road (A4122) and running in a north easterly direction, crossing Daventry Road (A425), then in a north westerly direction, terminating at a point on the Trunk Road (Coventry Road) at its junction with Dunchurch Road (A426).

The route comprises three roundabouts. One is near its starting point (linking with a new road to be constructed by the Secretary of State in pursuance of the A423 Trunk Road (Southam Bypass Side Roads) Order 1990, leading to the Trunk Road and Old Road (A4122)), one is at its junction with Daventry road (A425) and one is at its termination point (linking with the Trunk Road and Dunchurch Road (A426).

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

The length of the Trunk Road ceasing to be a trunk road is between the starting and termination points of the route of the new trunk road described in Schedule 1 above.