Agenda and minutes

          Council considered a report, and supplemental report, of the Operational Director, Legal and Democratic Services, which sought approval to modify the Mersey Gateway Road User Charging Scheme Order.

          RESOLVED: That Council

1)    authorise the Operational Director, Legal and Democratic Services, to make an application to the Secretary of State for Transport under the Transport and Works Act 1992 to modify the River Mersey (Mersey Gateway Bridge) Order 2011, as set out in paragraph 4;

2)    authorise the Operational Director, Legal and Democratic Services, to take all necessary steps to secure the making of the Proposed Order and to arrange for the preparation of all necessary documentation required to support the application for the Proposed Order;

3)    authorise the Chief Executive to publish a special notice of a further meeting of the Council to take place after the Proposed Order has been applied for, at which the decision to make the application must be confirmed;

4)    agree to make a Road User Charging Scheme Order (RUCSO) that will apply to the Mersey Gateway Bridge and to the Silver Jubilee Bridge, as set out in paragraph 5;

5)    agree to delegate authority to the Operational Director, Legal and Democratic Services to decide:

(1)  whether or not to hold an inquiry into the RUCSO (having regard to whether or not the Secretary of State determines that the application for the Proposed Order should be considered at a public inquiry);

(2)  if the Secretary of State directs that an inquiry be held into the application for the Proposed Order, whether or not to request that it be conjoined with the inquiry into the RUCSO;

(3)  whether or not to make the RUCSO once the inquiry has been held, having regard to:

(i)              the outcome of the application;

(ii)             the Inspector’s recommendations (including whether any amendments to the RUCSO are required); and

(iii)            whether the decision to make the RUCSO should be referred back to Council for decision, as set out in paragraph 5.

6)    agree to delegate authority to the Operational Director, Legal and Democratic Services, to finalise the form of the RUCSO, having regard to the Inspector’s recommendations, including in particular by amending any plans and by amending the name of the RUCSO to include the appropriate road classification once notified by the Secretary of State; and

7)    authorise the Operational Director, Legal and Democratic Services to revoke the A533 (Silver Jubilee Bridge) Road User Charging Scheme Order 2008, pursuant to Section 168(2) of the Transport Act 2000.

N.B. Under Section 239 of the Local Government Act 1972, it is a requirement to make the Resolution by a majority of the whole number of Members of the Council, whether present and voting at the meeting or not. This was complied with.