Explanatory Notes

Local Transport Act 2008

2008 CHAPTER 26

26 November 2008

Commentary

Part 5: Integrated Transport Authorities etc.

Section 89: Contravention of an order under section 88

237.This section provides that if an authority to which the Secretary of State has granted the power to direct under section 88 issues a direction to a local highway authority or local traffic authority and the authority to which the direction is issued fails to comply with it – for instance it fails to take the necessary action to enable a bus lane to be installed on one of its roads – then the authority which issued the direction can take the necessary steps to rectify matters. This includes the ability to take over the relevant powers of the directed authority for the purposes of putting matters right and to recoup the costs of doing so from that authority.