Section 88: Conferral of a power to direct
233.This section enables the Secretary of State to make an order which confers a power to direct on (i) an ITA, or (ii) where an existing ITA is dissolved or its boundary contracted, a designated local transport authority.
234.Where the power to direct is conferred on it, an ITA or designated local transport authority would be able to issue a direction to a metropolitan district council, county council or unitary authority as to how the latter should exercise its functions as a local highway authority or local traffic authority. Such directions could include for instance a requirement to install traffic management measures (such as bus lanes) or traffic calming measures, or the carrying out of maintenance works on their roads.
235.Subsection (6) provides that the power to give such directions may only be conferred in relation to specific roads or descriptions of roads (for instance, major bus routes). Subsection (7) makes clear that directions cannot apply to roads covered by concession agreements under the New Roads and Street Works Act 1991.
236.Subsections (8) and (11) list the matters to which a direction can relate, which are:
the provision of information about the exercise of local highway authority or local traffic authority powers;
that the directed authority must do certain things or obtain consent before using those powers;
imposing conditions on how the directed authority can make use of its powers in a particular case;
that the directed authority must not make use of certain of its powers in certain circumstances; and
that the directed authority must make use of its powers in a specific case, provided that the directing authority meets the cost of compliance with that direction.
