Former section 101 arrangements for TROs

Dear Mr Harris,

Thank you for your request for information about the agency scheme between
the County and City Councils.

We will respond on or before 23 October.

Yours sincerely

Simon Pugh
Head of Legal Services
Cambridge City Council

Tel: (01223) 457401
Fax: (01223) 457409

>>> Ben Harris <[FOI #18521 email]> 25/09/2009
18:13 >>>
Most of the traffic regulation orders for Cambridge made between
1991 and 2004 are expressed to have been made by Cambridge City
Council "in pursuance of arrangements made under Section 101 of the
Local Government Act 1972 with Cambridgeshire County Council".
Please could you explain the nature of those arrangements? I'm
particularly interested in their geographical scope, since some of
the orders purport to affect roads outside the City boundary.

Thanks in advance.

Ben Harris

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Dear Mr Harris,

Re: Freedom of Information Request
Former arrangements with Cambridgeshire County Council
for Traffic Regulation Order made between 1991 and 2004
under Section 101 of the Local Government Act 1972

1. I refer to your email of 25/09/2009 (timed at 18:13pm) and I confirm that I have been asked by Simon Pugh, Head of Legal Services, to deal with your request for information concerning Traffic Regulation Orders made between 1991 and 2004, which are expressed to have been made by Cambridge City Council "in pursuance of arrangements made under Section 101 of the Local Government Act 1972 with Cambridgeshire County Council".

2. With regard to Traffic Regulation Orders made between 1997 and 2004 and expressed to have been made by Cambridge City Council "in pursuance of arrangements made under Section 101 of the Local Government Act 1972 with Cambridgeshire County Council", the reference in those orders to such arrangements means the arrangements set out in an agreement dated 30th May 1997 between Cambridgeshire County Council and Cambridge City Council.

3. Section 101(1) of the Local Government Act 1972 states:

"Subject to any express provision contained in this Act or any Act passed after this Act, a local authority may arrange for the discharge of any of their functions -
(a) by a committee, a sub-committee or an officer of the authority; or
(b) by any other local authority."

4. Under the terms of the agency agreement dated 30th May 1997, Cambridgeshire County Council and Cambridge City Council agreed that, in exercise of the powers contained in Section 101 of the Local Government Act 1972, Cambridge City Council should discharge certain functions in relation to highways:

4.1 as agent for Cambridgeshire County Council,

4.2 within the areas shown on the maps attached to the agreement,

4.3 in respect of all highways other those shown to be excluded (i.e. Trunk Roads, which were the responsibility of the Department of Transport and County Primary routes), and

4.4 in accordance with the terms of the agency agreement.

5. The functions, referred to at paragraph 4 above, are set out in the Schedule of Functions attached to the agency agreement. The Schedule of Functions provided that the agent shall have full powers under the Road Traffic Regulations Act 1984 subject to the agreement of the Road Safety and Signals Manager before Traffic Regulation Orders are advertised.

6. I attach, for your information, colour copies of the Cambridge Agency Boundaries Map and the Designated City Centre Map, both of which are referred to in, and attached to, the agency agreement.

7. The agency arrangements between Cambridgeshire County Council and Cambridge City Council under the above agreement operated during the period from 31 May 1997 until on or around 1 April 2005. Staff employed by Cambridge City Council in relation to highway agency work were subsequently transferred to Cambridgeshire County Council.

8. With regard to Traffic Regulation Orders made between 1991 and 1997 and expressed to have been made by Cambridge City Council "in pursuance of arrangements made under Section 101 of the Local Government Act 1972 with Cambridgeshire County Council, I am not able to explain what the reference in those orders to such arrangements means because, although I have carried out reasonable searches of Cambridge City Council's legal records of highway files and documents, I have not found any record of highway agency arrangements made between Cambridge City Council and Cambridgeshire County Council under Section 101 of the Local Government Act 1972 for the period prior to 1997. I made enquiries of appropriate officers at Cambridgeshire County Council and was informed firstly, that there was an earlier agreement in place and had been since 1974 and secondly, that Cambridgeshire County Council no longer hold that earlier agreement nor any files or papers relating it.

9. If you are not happy with the way your Freedom of Information request has been dealt with, please contact Liz Terry, Interim Director of Customer and Democratic Services at Cambridge City Council. If you are still not happy with the response, please contact the Information Commissioners Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF, or e-mail [email address].

Yours sincerely,

Claire Walden
Solicitor

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