Infrastructure Act 2015

PART 1 — Strategic highways companies

Appointment as highway authorities

Appointment of strategic highways companies

1

• (1) The Secretary of State may by order in accordance with this Part appoint one or more companies as a highway authority.

• (2) A company may only be appointed under this section if it is—

• (a) limited by shares, and

• (b) wholly owned by the Secretary of State.

• (3) The appointment of a company terminates (in addition to termination by revocation of the order making the appointment) if the company ceases to be wholly owned by the Secretary of State.

• (4) A company appointed under this section is called a “strategic highways company”.

• (5) In this section, “company” means a company registered under the Companies Act 2006.

• (6) Schedule 1 (which contains consequential and supplemental amendments) has effect.

Areas and highways in an appointment

2

• (1) The appointment of a strategic highways company must specify—

• (a) an area, consisting of the whole or any part of England, in respect of which the company is appointed, and

• (b) highways in that area for which the company is to be the highway authority.

• (2) Highways may be specified under subsection (1)(b) by name or description.

• (3) Highways specified under subsection (1)(b) must be highways for which the Secretary of State or another strategic highways company is the highway authority immediately before the appointment has effect.

• (4) In the case of a strategic highways company appointed for an area adjacent to Wales, the highways specified under subsection (1)(b) may (subject to subsection (3)) include highways in Wales.

• (5) Where—

• (a) the appointment of a strategic highways company is varied, and

• (b) by virtue of that variation the company ceases to be the highway authority for one or more highways,

the Secretary of State becomes the highway authority for those highways (to the extent that he or she would not otherwise be so).

• (6) Where the appointment of a strategic highways company terminates, the Secretary of State becomes the highway authority for any highway for which the strategic highways company is highway authority (whether by virtue of the appointment or otherwise) immediately before the termination.

• (7) Subsections (5) and (6) are subject to the appointment of another strategic highways company.

Functions

Road Investment Strategy

3

• (1) The Secretary of State may at any time—

• (a) set a Road Investment Strategy for a strategic highways company, or

• (b) vary a Strategy which has already been set.

• (2) A Road Investment Strategy is to relate to such period as the Secretary of State considers appropriate.

• (3) A Road Investment Strategy must specify—

• (a) the objectives to be achieved by the company during the period to which it relates, and

• (b) the financial resources to be provided by the Secretary of State for the purpose of achieving those objectives.

• (4) The objectives to be achieved may include—

• (a) activities to be performed;

• (b) results to be achieved;

• (c) standards to be met.

• (5) In setting or varying a Road Investment Strategy, the Secretary of State must have regard, in particular, to the effect of the Strategy on—

• (a) the environment, and

• (b) the safety of users of highways.

• (6) The Secretary of State and the company must comply with the Road Investment Strategy.

• (7) If a strategic highways company does not have a Road Investment Strategy currently in place, the Secretary of State must—

• (a) lay before Parliament a report explaining why a Strategy has not been set, and

• (b) set a Road Investment Strategy as soon as may be reasonably practicable.

• (8) Schedule 2 (which contains provision about the procedure for setting or varying a Road Investment Strategy) has effect.

Route strategies

4

• (1) The Secretary of State must from time to time direct a strategic highways company to prepare proposals for the management and development of particular highways in respect of which the company is appointed (“a route strategy”).

• (2) A route strategy must relate to such period as the Secretary of State may direct.

• (3) The strategic highways company must—

• (a) comply with a direction given to it under subsection (1), and

• (b) publish the route strategy in such manner as the company considers appropriate.

• (4) A direction under subsection (1) must be published by the Secretary of State in such manner as he or she considers appropriate.

Exercise of functions

General duties

5

• (1) A strategic highways company must, in exercising its functions, co-operate in so far as reasonably practicable with other persons exercising functions which relate to—

• (a) highways, or

• (b) planning.

• (2) A strategic highways company must also, in exercising its functions, have regard to the effect of the exercise of those functions on—

• (a) the environment, and

• (b) the safety of users of highways.

Directions and guidance

6

• (1) The Secretary of State may from time to time give a strategic highways company directions or guidance as to the manner in which it is to exercise its functions.

• (2) Directions under subsection (1) may provide, in particular, that a function is only to be exercised—

• (a) after consultation with the Secretary of State, or

• (b) with the consent of the Secretary of State.

• (3) In exercising its functions, a strategic highways company must—

• (a) comply with a direction, and

• (b) have regard to guidance,

given to it under subsection (1).

• (4) Directions and guidance under subsection (1) must be published by the Secretary of State in such manner as he or she considers appropriate.

Delegation of functions

7

• (1) A strategic highways company may authorise another person to exercise a function it has under any enactment, if the function is prescribed by regulations made by the Secretary of State.

• (2) An authorisation may authorise the exercise of a function—

• (a) wholly or to any other extent;

• (b) generally or only in some cases or areas;

• (c) unconditionally or subject to conditions.

• (3) An authorisation—

• (a) does not prevent the company or any other person from exercising the function to which the authorisation relates,

• (b) may be for a period not exceeding ten years, and

• (c) may be revoked at any time.

• (4) The strategic highways company may—

• (a) enter into a contract with an authorised person in connection with the exercise by that person of a function;

• (b) make payments to an authorised person in that connection.

• (5) Where an authorisation is revoked at a time when a contract in connection with the exercise of a function is subsisting, the authorised person is entitled to treat the contract as repudiated by the company (and not as frustrated by reason of the revocation).

• (6) Regulations under this section may not prescribe a function if it is—

• (a) a power of entry, or

• (b) a power or duty to make subordinate legislation.

• (7) Where a function of the Secretary of State is transferred to a strategic highways company under this Part and is, immediately before the transfer, authorised to be exercised by another person by an order under section 69 of the Deregulation and Contracting Out Act 1994—

• (a) the authorisation is to have effect as if it had been given by the transferee company under this section, and

• (b) if the function is not prescribed under subsection (1), it is to be regarded as having been so prescribed.

• (8) Where a function of a strategic highways company is transferred to another such company under this Part and is, immediately before the transfer, authorised to be exercised by another person under this section, the authorisation is to have effect as if it had been given by the transferee company under this section.

Exercise of delegated functions

8

• (1) A function to which an authorisation under section 7 relates may be exercised by—

• (a) the authorised person, or

• (b) an employee of that person.

• (2) Anything done by, or in relation to, the authorised person or that person's employee in connection with the exercise of a function is to be treated as done by, or in relation to, the company.

• (3) Subsection (2)—

• (a) does not affect the rights and liabilities of the strategic highways company and the authorised person as between one another,

• (b) does not make the strategic highways company liable under section 6 of the Human Rights Act 1998 in respect of any act (within the meaning of that section) of the authorised person or an employee of the authorised person if the act is of a private nature,

• (c) does not prevent any civil proceedings which could otherwise be brought by or against the authorised person from being brought, and

• (d) does not apply for the purposes of any criminal proceedings brought in respect of anything done by the authorised person or that person's employee.

• (4) Schedule 15 to the Deregulation and Contracting Out Act 1994 (restrictions on disclosure of information) applies to an authorisation under section 7 as it applies to an authorisation of the Secretary of State under Part 2 of that Act (contracting out).

• (5) In this section—

• (a) “employee”, in relation to a body corporate, includes a director or other officer of the body;

• (b) references to anything done include anything omitted to be done;

• (c) references to the exercise of a function include the purported exercise of a function.

Oversight

Watchdog

9

• (1) The Passengers' Council must carry out activities to protect and promote the interests of users of highways for which a strategic highways company is the highway authority.

• (2) Those activities may include investigating, publishing reports or giving advice to the Secretary of State on—

• (a) how a strategic highways company's exercise of its functions or achievement of its objectives under a Road Investment Strategy affects users of highways for which it is the highway authority, and

• (b) any other matters—

• (i) relating to highways for which a strategic highways company is the highway authority, and

• (ii) which the Council considers to be of interest to users of such highways.

• (3) The Secretary of State may by regulations provide that those activities may not relate to a matter—

• (a) to the extent specified;

• (b) subject to compliance with specified conditions.

• (4) The Secretary of State must consult the Council before making regulations under subsection (3).

• (5) The Secretary of State must, in exercising functions under this Part, have regard to any advice given to him or her by the Council under this section.

• (6) The Council may by agreement with a local highway authority carry out activities to protect and promote the interests of users of highways for which the authority is the highway authority.

• (7) Those activities may include investigating, publishing reports or giving advice to the local highway authority on any matters—

• (a) relating to highways for which the authority is the highway authority, and

• (b) which the authority and the Council consider to be of interest to users of such highways.

• (8) In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (other public bodies and offices: general), at the appropriate place insert— “ The Passengers' Council. ”

Monitor

10

• (1) The Office of Rail and Road must carry out activities to monitor how a strategic highways company exercises its functions.

• (2) Those activities may include investigating, publishing reports or giving advice to the Secretary of State on—

• (a) whether, how and at what cost a strategic highways company has achieved its objectives under a Road Investment Strategy,

• (b) objectives for a future Road Investment Strategy, and

• (c) the effect of directions and guidance given by the Secretary of State to a strategic highways company under this Part.

• (3) The Office may direct a strategic highways company to provide such information as the Office considers necessary for the purpose of carrying out activities under subsection (1).

• (4) A direction under subsection (3) may specify the form and manner in which the information is to be provided.

• (5) A direction under subsection (3) may not require—

• (a) production of a document which the strategic highways company could not be compelled to produce in civil proceedings, or

• (b) provision of information which the company could not be compelled to give in evidence in such proceedings.

• (6) The strategic highways company must comply with a direction under subsection (3).

• (7) The Secretary of State must, in exercising functions under this Part, have regard to any advice given to him or her by the Office under this section.

• (8) The Secretary of State must lay a report published by the Office under this section before Parliament.

• (9) In Part 2 (Office of Rail Regulation) of the Railways and Transport Safety Act 2003, after section 15 insert—

(15A) (1) The Secretary of State may by regulations make provision for the body established by section 15 to be known by a different name. (2) Regulations under this section may amend this Act or any other enactment, whenever passed or made. (3) Regulations under this section are to be made by statutory instrument. (4) A statutory instrument which contains regulations under this section is subject to annulment in pursuance of a resolution of either House of Parliament.

Monitor: compliance and fines

11

• (1) If the Office of Rail and Road is satisfied that a strategic highways company has contravened or is contravening—

• (a) section 3(6) (compliance with the Road Investment Strategy), or

• (b) section 6(3) (compliance with directions and regard to guidance),

the Office may take one or more of the steps mentioned in subsection (2).

• (2) The Office may—

• (a) give notice to the company as to the contravention and the steps the company must take in order to remedy it;

• (b) require the company to pay a fine to the Secretary of State.

Monitor: general duties

12

• (1) The Office of Rail and Road must exercise its functions under sections 10 and 11 in the way that it considers most likely to promote—

• (a) the performance, and

• (b) the efficiency,

of the strategic highways company.

• (2) The Office must also, in exercising those functions, have regard to—

• (a) the interests of users of highways,

• (b) the safety of users of highways,

• (c) the economic impact of the way in which the strategic highways company achieves its objectives,

• (d) the environmental impact of the way in which the strategic highways company achieves its objectives,

• (e) the long-term maintenance and management of highways, and

• (f) the principles in subsection (3).

• (3) The principles are that—

• (a) regulatory activities should be carried out in a way which is transparent, accountable, proportionate and consistent, and

• (b) regulatory activities should be targeted only at cases in which action is needed.

Monitor: guidance

13

• (1) The Secretary of State may from time to time give the Office of Rail and Road guidance as to the manner in which it is to carry out its activities under section 10.

• (2) The Secretary of State and the Treasury, acting jointly, must give the Office guidance as to the circumstances in which the payment of a fine under section 11 should be required.

• (3) The Office must have regard to guidance given to it under this section.

• (4) Guidance under this section must be published by the Secretary of State in such manner as he or she considers appropriate.

Periodic reports by the Secretary of State

14

• (1) The Secretary of State must from time to time prepare and publish reports on the manner in which a strategic highways company exercises its functions.

• (2) The Secretary of State must lay a report prepared under subsection (1) before Parliament.

Transfers of property etc

Transfer schemes

15

• (1) The Secretary of State may make one or more schemes for the transfer of property, rights and liabilities—

• (a) from the Secretary of State to one or more of the following—

• (i) a strategic highways company, or

• (ii) a proposed strategic highways company;

• (b) from a strategic highways company or a former strategic highways company to one or more of the following—

• (i) the Secretary of State,

• (ii) a strategic highways company, or

• (iii) a proposed strategic highways company.

• (2) In making a transfer scheme the Secretary of State must have regard to—

• (a) the functions, or the proposed functions, of the transferee under any enactment, and

• (b) the terms of appointment, or proposed terms of appointment, of a strategic highways company, or a proposed strategic highways company, to which the scheme relates.

• (3) Schedule 3 (which contains more provision about transfer schemes) has effect.

• (4) In this section and Schedule 3—

• “proposed strategic highways company” means a company which the Secretary of State proposes to appoint as a strategic highways company;

• “former strategic highways company” means a company in respect of which such an appointment has terminated.

Tax consequences of transfers

16

• (1) The Treasury may by regulations make provision for varying the way in which a relevant tax has effect from time to time in relation to—

• (a) any property, rights or liabilities which are transferred by virtue of a transfer to which this section applies, or

• (b) anything done for the purposes of, or in relation to, or in consequence of, a transfer to which this section applies.

• (2) This section applies to—

• (a) a transfer of property, rights and liabilities in accordance with a scheme under section 15, or

• (b) a transfer occurring under section 263 of the Highways Act 1980 (vesting of highway in highways authority) by virtue of the appointment of a strategic highway company under section 1 or the variation or termination of such an appointment.

• (3) The provision that may be made under subsection (1)(a) includes, in particular, provision for—

• (a) a tax provision not to apply, or to apply with modifications, in relation to any property, rights or liabilities transferred;

• (b) any property, rights or liabilities transferred to be treated in a specified way for the purposes of a tax provision;

• (c) the Secretary of State to be required or permitted, with the consent of the Treasury, to determine, or to specify the method for determining, anything which needs to be determined for the purposes of any tax provision so far as relating to any property, rights or liabilities transferred.

• (4) The provision that may be made under subsection (1)(b) includes, in particular, provision for—

• (a) a tax provision not to apply, or to apply with modifications, in relation to anything done for the purposes of, or in relation to, or in consequence of, the transfer;

• (b) anything done for the purposes of, or in relation to, or in consequence of, the transfer to have or not to have a specified consequence or to be treated in a specified way;

• (c) the Secretary of State to be required or permitted, with the consent of the Treasury, to determine, or to specify the method for determining, anything which needs to be determined for the purposes of any tax provision so far as relating to anything done for the purposes of, or in relation to, or in consequence of, the transfer.

• (5) In this section—

• (a) “relevant tax” means income tax, corporation tax, capital gains tax or stamp duty;

• (b) “tax provision” means a provision of an enactment about a relevant tax.

• (6) References in this section to the transfer of property, rights or liabilities in accordance with a scheme under section 15 include references to—

• (a) the creation of interests, rights or liabilities under the scheme, and

• (b) the modification of interests, rights or liabilities under the scheme,

(and “transferred”, in relation to property, rights or liabilities, is to be read accordingly).

Finance

Financial assistance

17

• (1) The Secretary of State may provide financial assistance—

• (a) to a strategic highways company, for the purpose of any of its functions, or

• (b) to any other person, for the promotion or improvement of transport services by land in England.

• (2) Financial assistance may be provided in such form and on such terms as the Secretary of State considers appropriate.

• (3) The form in which financial assistance may be provided includes in particular—

• (a) grants,

• (b) loans, or

• (c) guarantees.

• (4) The terms on which financial assistance may be provided include in particular—

• (a) in the case of a grant or a loan, terms as to repayment;

• (b) in the case of a guarantee, terms as to reimbursement.

• (5) Subsection (1) does not affect any other power of the Secretary of State to provide financial assistance.

• (6) Subsection (1)(b) does not authorise the Secretary of State to provide financial assistance that he or she may provide under section 6 of the Railways Act 2005 (financial assistance relating to rail services).

• (7) In section 17(1)(e) of the Ministry of Transport Act 1919 (power to make advances for the promotion and improvement of transport services by land or water), after “by land” insert “ in Wales ”.

Supplemental and general

Transfer of additional functions

18

• (1) The Secretary of State may by regulations provide that a transferable function of the Secretary of State, other than an excluded function, is transferred to a strategic highways company.

• (2) A transferable function is a function under any enactment which relates to—

• (a) highways, or

• (b) planning.

• (3) An excluded function is a function which—

• (a) is exercisable by statutory instrument;

• (b) relates to giving consent (however expressed) to the proposed exercise of a function by any other—

• (i) highway authority (within the meaning of the Highways Act 1980);

• (ii) traffic authority (within the meaning of the Road Traffic Regulation Act 1984).

• (4) Regulations under this section may provide for the function to be exercisable—

• (a) concurrently with the Secretary of State;

• (b) only with the consent of the Secretary of State;

• (c) subject to such other conditions as the Secretary of State considers appropriate.

• (5) Regulations under this section may amend, repeal, revoke or otherwise modify the application of any enactment (but, in the case of an Act, only if the Act was passed before the end of the Session in which this Act is passed).

Consequential and transitional provision etc

19

• (1) The Secretary of State may by regulations make—

• (a) consequential, supplementary or incidental provision, or

• (b) transitional or transitory provision or savings,

in connection with an order under section 1 or any other provision made by or under this Part.

• (2) Regulations under this section may amend, repeal, revoke or otherwise modify the application of any enactment (but, in the case of an Act, only if the Act was passed before the end of the Session in which this Act is passed).

Interpretation of Part 1

20

In this Part—

• “enactment” includes an enactment comprised in subordinate legislation within the meaning of the Interpretation Act 1978;

• “highway” has the same meaning as in the Highways Act 1980;

• “local highway authority” has the same meaning as in that Act;

• “users of highways” includes cyclists and pedestrians.

PART 2 — Cycling and Walking Investment Strategies

Cycling and Walking Investment Strategies

21

• (1) The Secretary of State may at any time—

• (a) set a Cycling and Walking Investment Strategy for England, or

• (b) vary a Strategy which has already been set.

• (2) A Cycling and Walking Investment Strategy is to relate to such period as the Secretary of State considers appropriate; but a Strategy for a period of more than five years must be reviewed at least once every five years.

• (3) A Cycling and Walking Investment Strategy must specify—

• (a) objectives to be achieved during the period to which it relates, and

• (b) the financial resources to be made available by the Secretary of State for the purpose of achieving those objectives.

• (4) The objectives to be achieved may include—

• (a) activities to be performed;

• (b) results to be achieved;

• (c) standards to be met.

• (5) Before setting or varying a Cycling and Walking Investment Strategy the Secretary of State must consult such persons as he or she considers appropriate.

• (6) In considering whether to vary a Cycling and Walking Investment Strategy the Secretary of State must have regard to the desirability of maintaining certainty and stability in respect of Cycling and Walking Investment Strategies.

• (7) A Cycling and Walking Investment Strategy must be published in such manner as the Secretary of State considers appropriate.

• (8) Where a Cycling and Walking Investment Strategy has been published the Secretary of State must from time to time lay before Parliament a report on progress towards meeting its objectives.

• (9) If a Cycling and Walking Investment Strategy is not currently in place, the Secretary of State must—

• (a) lay before Parliament a report explaining why a Strategy has not been set, and

• (b) set a Strategy as soon as may be reasonably practicable.

PART 3 — Powers of British Transport Police Force

Powers of British Transport Police Force

22

• (1) In section 100 of the Anti-terrorism, Crime and Security Act 2001 (jurisdiction of transport police)—

• (a) in subsection (2)(b), after “personal injury” insert “ or damage to property ”, and

• (b) omit subsection (3)(a).

• (2) In section 172 of the Road Traffic Act 1988 (duty to give information as to identity of driver etc in certain circumstances), in subsection (2)(a), after “chief officer of police” insert “ or the Chief Constable of the British Transport Police Force ”.

PART 4 — Environmental control of animal and plant species

Environmental control of animal and plant species

23

• (1) The Wildlife and Countryside Act 1981 is amended as follows.

• (2) In section 14 (introduction of new species etc), after subsection (4) insert—

(4A) Schedule 9A contains provision about species control agreements and orders and related matters.

• (3) After Schedule 9 insert—

SCHEDULE 9A (1) (1) This Schedule provides for— (a) species control agreements between environmental authorities and owners of premises, and (b) species control orders made by environmental authorities, and for related matters. (2) A species control agreement or species control order may relate to— (a) an invasive non-native species of animal or plant, or (b) a species of animal that is no longer normally present in Great Britain. This is subject to the other provisions of this Schedule. (3) The following definitions apply for the purposes of this Schedule. (2) (1) “Species” means any kind of animal or plant. (2) A species is “invasive” if, uncontrolled, it would be likely to have a significant adverse impact on— (a) biodiversity, (b) other environmental interests, or (c) social or economic interests. (3) A species is “non-native” if— (a) it is listed in Part 1 or 2 of Schedule 9, or (b) in the case of a species of animal, it is a species— (i) whose natural range does not include any part of Great Britain, and (ii) which has been introduced into Great Britain or is present in Great Britain because of other human activity. (4) References to a species being “present” on premises include its being present at any stage in its life-cycle (for example, as eggs or seeds). (5) A species of animal is “no longer normally present in Great Britain” if— (a) it is a species listed in Part 1B of Schedule 9, or (b) it is a species— (i) whose natural range includes all or any part of Great Britain, and (ii) which has ceased to be ordinarily resident in, or a regular visitor to, Great Britain in a wild state. (3) (1) “Environmental authority”, in relation to premises in England, means— (a) the Secretary of State, (b) the Environment Agency, (c) Natural England, and (d) the Forestry Commissioners. (2) “Environmental authority”, in relation to premises in Wales, means— (a) the Welsh Ministers, and (b) the Natural Resources Body for Wales. (4) (1) “Owner”, in relation to premises consisting of land, means— (a) a person, other than a mortgagee not in possession, who is for the time being entitled to dispose of the fee simple of the land, whether in possession or reversion, (b) a person in possession under a lease, or (c) a person who for the time being exercises powers of management or control over the land. (2) “Dwelling” means a building or structure, or part of a building or structure, occupied wholly or mainly as a dwelling. (5) (1) “Species control operations” are operations to do one or more of the following— (a) eradicate a species from premises; (b) control a species on premises; (c) prevent a species from returning to premises. (2) References to “carrying out” operations include arranging for operations to be carried out. (6) (1) An environmental authority may enter into a “species control agreement” with an owner of any premises where the authority considers that there is present on the premises— (a) an invasive non-native species, or (b) a species of animal that is no longer normally present in Great Britain. (2) Under a species control agreement the parties agree to the carrying out of species control operations. (3) Before entering into a species control agreement with an owner, an environmental authority must be satisfied that— (a) the provisions of the agreement are proportionate to the objective to be achieved, and (b) in a case where there is more than one owner, the owner with whom the agreement is entered into is the most appropriate one. (4) Before entering into a species control agreement relating to animals of a species that is no longer normally present in Great Britain, the environmental authority must also be satisfied that— (a) the animals are present on the premises otherwise than under and in accordance with the terms of a licence under section 16(4)(c), (b) the animals on the premises are having a significant adverse impact on— (i) biodiversity, (ii) other environmental interests, or (iii) social or economic interests, and (c) there is no appropriate alternative way of obviating that impact. (5) A species control agreement may not be entered into in relation to premises consisting of a dwelling except where the environmental authority is the Secretary of State or the Welsh Ministers. (7) (1) A species control agreement must provide for— (a) the species control operations to be carried out, (b) the party who is to carry them out, and (c) the time by which they are to be carried out. (2) A species control agreement may contain such supplementary provision as the parties consider appropriate. (3) That may include provision as to— (a) how species control operations are to be carried out, (b) payment to be made by either party to the other, or to another person, in respect of the species control operations to be carried out, or (c) any species control operations that must not be carried out. (8) Where an environmental authority considers that an owner of premises has complied with all the requirements in a species control agreement to carry out species control operations, the authority must give the owner notice to that effect. (9) An environmental authority is not liable to a person with an interest in the premises, other than the owner with whom a species control agreement is entered into, for anything done by the authority pursuant to the agreement. (10) (1) An environmental authority may make a species control order in relation to premises if— (a) it considers that there is present on the premises— (i) an invasive non-native species, or (ii) a species of animal that is no longer normally present in Great Britain, and (b) any of the following circumstances apply. (2) The circumstances are— (a) the environmental authority considers that an owner has failed to comply with a species control agreement entered into with the environmental authority and, having been given notice to that effect and a reasonable opportunity to rectify the failure, has not done so; (b) the environmental authority has offered to enter into a species control agreement with an owner but— (i) the owner has refused to enter into any kind of species control agreement, or (ii) no species control agreement has been entered into in respect of the premises by the end of the period of 42 days beginning with the day after the offer was made and the authority considers it unlikely that the owner will enter any kind of such agreement; (c) the environmental authority considers that the making of the order is urgently necessary; (d) the environmental authority has been unable to identify an owner, having— (i) placed on the premises a conspicuous notice of its desire to enter into a species control agreement, and (ii) waited for 5 days after the day on which the notice was placed. (3) Before making a species control order, an environmental authority must be satisfied that the provisions of the order are proportionate to the objective to be achieved. (4) Before making a species control order relating to animals of a species that is no longer normally present in Great Britain, the environmental authority must also be satisfied that— (a) the animals are present on the premises otherwise than under and in accordance with the terms of a licence under section 16(4)(c), (b) the animals on the premises are having a significant adverse impact on— (i) biodiversity, (ii) other environmental interests, or (iii) social or economic interests, and (c) there is no appropriate alternative way of obviating that impact. (5) A species control order may not be made in relation to premises consisting of a dwelling except by the Secretary of State or the Welsh Ministers. (11) (1) A species control order under paragraph 10(2)(a) or (b) (failure to comply with or enter into agreement) must contain provision— (a) requiring the owner specified in that paragraph to carry out species control operations, or (b) stating that the environmental authority proposes to carry out species control operations, or both. (2) A species control order under paragraph 10(2)(c) (emergency) must contain provision— (a) requiring any owner of the premises specified in the order to carry out species control operations, or (b) stating that the environmental authority proposes to carry out species control operations, or both. (3) A species control order under paragraph 10(2)(d) (no identifiable owner) must contain provision stating that the environmental authority proposes to carry out species control operations. (12) (1) A species control order must— (a) specify the species to which the order relates, (b) specify the species control operations to be carried out, (c) specify the time by which the species control operations must be carried out or (as the case may be) the time by which they are proposed to be carried out by the authority, and (d) if appropriate, include a map of the premises to which the order relates. (2) Unless it is made under paragraph 10(2)(c) (emergency), a species control order— (a) may not require an owner of premises to carry out species control operations, or provide for an environmental authority to carry out species control operations, before the end of the period in which an appeal may be made (as to appeals, see paragraph 16), and (b) must provide that if an appeal is made within that period, the owner need not carry out the operations, or the environmental authority shall not carry out the operations, before the appeal is withdrawn or finally determined. (13) (1) A species control order may contain provision supplementary to that specified in paragraphs 11 and 12. (2) That may include provision as to— (a) how species control operations are to be carried out; (b) payment to be made by the environmental authority to— (i) an owner, in respect of the reasonable costs of operations to be carried out by the owner, or (ii) another person, in respect of the reasonable costs of operations to be carried out by an owner; (c) payment that an owner must make in respect of the reasonable costs of species control operations to be carried out by the environmental authority; (d) species control operations that an owner must not carry out; (e) who will carry out species control operations for the environmental authority. (14) (1) After making a species control order, an environmental authority must forthwith give notice of it to— (a) all owners of the premises of whom the environmental authority is aware, (b) the Secretary of State, if the environmental authority is the Environment Agency, Natural England or the Forestry Commissioners, and (c) the Welsh Ministers, if the environmental authority is the Natural Resources Body for Wales. (2) In the case of an order under paragraph 10(2)(d) (no identifiable owner), the environmental authority must also give notice of the order by placing it on the premises conspicuously. (3) Notice under this paragraph must include— (a) reasons for making the species control order, and (b) reasons for any requirement imposed by it on an owner. (15) (1) An environmental authority may at any time revoke a species control order made by it. (2) Notice of revocation must be given as specified in paragraph 14 (but reasons need not be given). (16) (1) An owner of premises in relation to which a species control order is made may appeal to the First-tier Tribunal against— (a) the making of the order, or (b) any provision of the order. (2) The First-tier Tribunal may— (a) affirm the order, (b) direct the environmental authority which made the order to revoke or amend it, (c) in the case of an order under paragraph 10(2)(c) (emergency), suspend the order, or (d) make such other order as the Tribunal thinks fit. (17) Where an environmental authority considers that an owner of premises has complied with all the requirements in a species control order to carry out species control operations, the authority must give the owner notice to that effect. (18) (1) This paragraph applies where an environmental authority considers that an owner of premises required by a species control order to carry out a species control operation has not done so by the date or in the way specified in the order. (2) The authority must give the owner notice to that effect. (3) Sub-paragraphs (4) to (6) apply if, after a week after giving notice under sub-paragraph (2), the authority considers that the owner has still not carried out the species control operation in the way specified in the order. (4) The authority may carry out the operation itself or carry out such further work as is necessary to ensure that the operation is carried out in the way specified in the order. (5) The authority may recover from the owner any expenses reasonably incurred by it in doing so (less any payment which the authority would apart from this paragraph have been required to make to the owner in respect of the carrying out of the operations by the owner). (6) The authority is not required to make any payment provided for under paragraph 13(2)(b) in relation to the operation (and may recover any payment made under that paragraph). (19) (1) A person who, without reasonable excuse, fails to comply with a requirement imposed on that person by a species control order commits an offence. (2) A person who intentionally obstructs a person from carrying out an operation required or proposed under a species control order commits an offence. (3) A person guilty of an offence under sub-paragraph (1) or (2) is liable on summary conviction to imprisonment for a term not exceeding 51 weeks, or a fine, or both. (4) In relation to an offence committed before section 281(5) of the Criminal Justice Act 2003 comes into force, the reference in sub-paragraph (3) to 51 weeks is to be read as a reference to 6 months. (5) In relation to an offence committed before section 85 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 comes into force, the reference in sub-paragraph (3) to a fine is to be read as a reference to a fine not exceeding £40,000. (20) (1) An owner of premises is not liable to any other person for doing anything required to be done by a species control order. (2) An environmental authority is not liable to a person with an interest in premises for anything done— (a) by an owner pursuant to a requirement included in a species control order, or (b) by the authority pursuant to— (i) provision included in a species control order under paragraph 11(1)(b), (2)(b) or (3), or (ii) paragraph 18(4). (21) (1) A person who is authorised to do so may enter any premises to— (a) assist an environmental authority to determine whether to offer to enter into a species agreement with a person, (b) assist an environmental authority to determine whether to make or revoke a species control order, (c) investigate suspected non-compliance with a species control agreement or a species control order, (d) carry out species control operations for an environmental authority under a species control order, (e) place a notice as specified in paragraph 10(2)(d)(i) or 14(2) (no identifiable owner), or (f) carry out species control operations or work pursuant to paragraph 18(4). This is subject to the other provisions of this Schedule. (2) A person may not enter premises under sub-paragraph (1)(a) or (b) with a view to establishing whether a species is present unless the environmental authority has reasonable grounds for suspecting that it is. (22) (1) To enter premises under paragraph 21 a person must be authorised by a warrant issued by a justice of the peace where— (a) the premises consist of a dwelling or a garden, yard, outbuildings or other land used or enjoyed wholly with a dwelling, (b) admission to the premises has been refused by an owner or refusal is reasonably apprehended, (c) the premises are unoccupied, (d) the owner is temporarily absent, (e) giving notice would defeat the purpose of entry, (f) entry is to carry out species control operations for an environmental authority under an order under paragraph 10(2)(c) (emergency), (g) entry is to carry out species control operations for an environmental authority under an order under paragraph 10(2)(d) (no identifiable owner), (h) entry is to place a notice as specified in paragraph 10(2)(d)(i) or 14(2), or (i) entry is to carry out operations or work pursuant to paragraph 18(4) which the environmental authority considers to be urgently necessary. (2) A justice of the peace may not grant a warrant— (a) in the circumstances in sub-paragraph (1)(a) to (d) unless satisfied that reasonable notice of the proposed entry has been given to all owners of the premises of whom the environmental authority is aware, or (b) in the circumstances in paragraph (1)(g) unless satisfied that the requirement in paragraph 14(2) (notice) has been met. (3) For the purposes of sub-paragraph (2)(a) less than 48 hours' notice is not reasonable. (4) A warrant may authorise a person to use reasonable force if necessary, but a person so authorised— (a) must be accompanied by a constable when doing so, and (b) may not use force against an individual. (23) (1) To enter premises under paragraph 21 in circumstances other than those specified in paragraph 22(1), a person must be authorised in writing by the environmental authority. (2) A person authorised by an environmental authority may not demand admission as of right to any premises unless reasonable notice has been given to all owners of the premises of whom the authority is aware. (3) For these purposes less than 48 hours' notice is not reasonable. (24) (1) A right of entry under paragraph 21 is exercisable at any reasonable time. (2) A person authorised under paragraph 22 or 23 to enter premises must, if so required before entering, produce evidence of his or her warrant or other authorisation and state the purpose of entry. (3) A person entering premises under paragraph 21 may— (a) take on to the premises such other persons as may be necessary; (b) take any equipment, machinery or materials on to the premises; (c) take samples of anything in or on the premises. (4) A person who enters premises under paragraph 21 which are unoccupied or from which the owner is temporarily absent must, on departure, leave them as effectively secured as they were on entry. (25) (1) The Secretary of State and the Welsh Ministers may (separately or jointly) make arrangements for the payment of compensation to an owner of premises in respect of financial loss resulting from— (a) a species control agreement or order, or (b) the exercise of the powers of entry under this Schedule. (2) The arrangements may secure that compensation is payable only for financial loss above a specified amount. (26) (1) The Secretary of State must issue a code of practice in relation to species control agreements and orders in England. (2) A code under this paragraph must in particular provide guidance to environmental authorities in England on— (a) when to offer to enter into a species control agreement; (b) how to go about entering into a species control agreement; (c) what a species control agreement should contain (and in particular what it should contain by way of provision about payment of costs); (d) when to make a species control order; (e) what a species control order should contain (and in particular what it should contain by way of provision about payment and recovery of costs); (f) standards of animal welfare to be met in connection with species control agreements and orders. (3) A code under this paragraph may be revised or replaced. (4) Before issuing (or revising or replacing) a code under this paragraph the Secretary of State must carry out a public consultation. (5) The Secretary of State must— (a) ensure that a code under this paragraph is published in a way that is appropriate for bringing it to the attention of persons likely to be affected by it, and (b) lay a copy of a code under this paragraph before Parliament. (27) (1) The Welsh Ministers must issue a code of practice in relation to species control agreements and orders in Wales. (2) A code under this paragraph must in particular provide guidance to environmental authorities in Wales on— (a) when to offer to enter into a species control agreement; (b) how to go about entering into a species control agreement; (c) what a species control agreement should contain (and in particular what it should contain by way of provision about payment of costs); (d) when to make a species control order; (e) what a species control order should contain (and in particular what it should contain by way of provision about payment and recovery of costs); (f) standards of animal welfare to be met in connection with species control agreements and orders. (3) A code under this paragraph may be revised or replaced. (4) Before issuing (or revising or replacing) a code under this paragraph the Welsh Ministers must carry out a public consultation. (5) The Welsh Ministers must— (a) ensure that a code under this paragraph is published in a way that is appropriate for bringing it to the attention of persons likely to be affected by it, and (b) lay a copy of a code under this paragraph before the National Assembly for Wales. (28) (1) A person's failure to comply with a provision of a code under paragraph 26 or 27 does not make the person liable to civil or criminal proceedings. (2) A code under paragraph 26 or 27— (a) is admissible in evidence in any civil proceedings, and (b) must be taken into account by a court in any civil proceedings in which it appears to the court to be relevant.

• (4) In section 19 (enforcement), at the end insert—

(9) This section does not apply in relation to offences under Schedule 9A.

• (5) In section 25 (functions of local authorities), at the end insert—

(3) Nothing in this section applies in relation to Schedule 9A or orders or offences under it.

• (6) In section 26 (regulations, orders, notices etc), at the end insert—

(7) In this section references to orders do not include species control orders under Schedule 9A.

Native and non-native species etc

24

• (1) Schedule 9 to the Wildlife and Countryside Act 1981 (animals and plants to which section 14 of that Act applies) is amended as follows.

• (2) In the heading to Part I, at the beginning insert “ NON-NATIVE ”.

• (3) In Part I, omit the entries relating to the wild boar, capercaillie, chough, corncrake, common crane, white-tailed eagle, goshawk, red kite and barn owl.

• (4) After Part I insert—

NOTE. The common name or names given in the first column of this Schedule are included by way of guidance only; in the event of any dispute or proceedings, the common name or names shall not be taken into account.	NOTE. The common name or names given in the first column of this Schedule are included by way of guidance only; in the event of any dispute or proceedings, the common name or names shall not be taken into account.
Common name	Scientific name
Capercaillie	Tetrao urogallus
Chough	Pyrrhocorax pyrrhocorax
Corncrake	Crex crex
Crane, Common	Grus grus
Eagle, White-tailed	Haliaetus albicilla
Goshawk	Accipiter gentilis
Kite, Red	Milvus milvus
Owl, Barn	Tyto alba.

• (5) After Part IA (as inserted by subsection (4) above) insert—

NOTE. The common name or names given in the first column of this Schedule are included by way of guidance only; in the event of any dispute or proceedings, the common name or names shall not be taken into account.	NOTE. The common name or names given in the first column of this Schedule are included by way of guidance only; in the event of any dispute or proceedings, the common name or names shall not be taken into account.
Common name	Scientific name
Beaver, Eurasian (but not in relation to Wales)	Castor fiber
Boar, Wild	Sus Scrofa.

Part 4: supplementary

25

• (1) The Wildlife and Countryside Act 1981 is amended as follows.

• (2) In section 14 (introduction of new species etc), in subsection (1)(b), after “Part I” insert “ , IA or IB ”.

• (3) In the heading to section 14ZA (sale etc of invasive non-native species), for “invasive non-native species” substitute “ certain animals and plants included in Schedule 9 ”.

• (4) In the heading to section 14ZB (codes of practice in connection with invasive non-native species), for “invasive non-native species” substitute “ species which are non-native or included in Schedule 9 ”.

• (5) In section 22 (power to vary Schedules), in subsection (5)(a), after “Part I” insert “ , IA or IB ”.

PART 5 — Planning, land and buildings

Nationally significant infrastructure projects

Timing of appointment of examining authority

26

In section 61 of the Planning Act 2008 (decision as to whether application for order granting development consent should be handled by Panel or single appointed person) for subsection (1) substitute—

(1) Subsection (2) applies where the Secretary of State has accepted an application for an order granting development consent.

Two-person Panels

27

• (1) In section 65 of the Planning Act 2008 (appointment of Panel to examine application for order granting development consent) in subsection (1)(a) (Panel to consist of three, four or five persons) before “three” insert “ two, ”.

• (2) In section 68(3) of that Act (duty of Secretary of State to appoint additional members if Panel comes to have two members or a single member)—

• (a) omit “two members or”, and

• (b) for “three” substitute “ two ”.

• (3) In section 73(1)(b) of that Act (Panel's continuing identity not affected by its coming to have two members or a single member) omit “two members or”.

• (4) In section 75 of that Act (decision-making by Panel)—

• (a) before subsection (1) insert—

(A1) If the members of a Panel with two members disagree as to a proposed decision by the Panel, the view of the lead member is to prevail.

, and

• (b) in subsection (1) (decision by Panel requires the agreement of a majority) for “the Panel” substitute “ a Panel with three or more members ”.

Changes to, and revocation of, development consent orders

28

• (1) Schedule 6 to the Planning Act 2008 (changes to, and revocation of, orders granting development consent) is amended as follows.

• (2) In paragraph 2 (non-material changes to orders)—

• (a) in sub-paragraph (8) (duty for Secretary of State to comply with prescribed consultation and publicity requirements) after “Secretary of State” insert “ and the person who has made the application under sub-paragraph (4) ”, and

• (b) after that sub-paragraph insert—

(8A) The power to make regulations under sub-paragraph (8) includes power to allow the Secretary of State or the person who has made the application under sub-paragraph (4) to exercise a discretion.

• (3) In paragraph 3 (changes to, and revocation of, orders) after sub-paragraph (5) insert—

(5A) The Secretary of State may refuse to exercise the power on an application made under sub-paragraph (4) or (5) if, in particular, the Secretary of State considers that the development that would be authorised as a result of the change should properly be the subject of an application under section 37 for a development consent order.

• (4) In paragraph 4 (supplementary provisions about changes to, and revocation of, orders) after sub-paragraph (5) insert—

(5A) The power to make regulations under sub-paragraph (4) includes power to allow a person to exercise a discretion.

Deemed discharge of planning conditions

Deemed discharge of planning conditions

29

After section 74 of the Town and Country Planning Act 1990 insert—

(74A) (1) The Secretary of State may by development order make provision for the deemed discharge of a condition to which this section applies. (2) This section applies to a condition which— (a) has been imposed on the grant of planning permission for the development of land in England, and (b) requires the consent, agreement or approval of a local planning authority to any matter. (3) Deemed discharge of a condition means that the local planning authority's consent, agreement or approval to any matter as required by the condition is deemed to have been given. (4) A development order which makes provision for deemed discharge of a condition must provide that the condition is deemed to be discharged only if— (a) a person (“the applicant”) has applied to the local planning authority for the consent, agreement or approval required by the condition, (b) the period for the authority to give notice of their decision on the application has elapsed without that notice having been given, and (c) the applicant has taken such further steps (if any) as are prescribed under subsection (5). (5) The Secretary of State may by development order make provision about the procedure for the deemed discharge of a planning condition and, in particular, provision— (a) allowing or requiring steps to be taken by the applicant or the local planning authority; (b) as to the time at which or period within which a step may or must be taken; (c) as to the time at which the deemed discharge takes effect (including for this to be determined by the applicant, subject to such limitations as may be prescribed); (d) for a time or period within paragraph (b) or (c) to be modified by agreement between the applicant and the local planning authority; (e) as to the form or content of any notice which may or must be given as part of the procedure, and as to the means by which it may or must be given. (6) The Secretary of State may by development order provide that provision for deemed discharge of a condition does not apply— (a) in relation to a condition of a prescribed description; (b) in relation to a condition imposed on the grant of planning permission of a prescribed description; (c) in relation to a condition imposed on the grant of planning permission for development of a prescribed description; (d) in other prescribed circumstances. (7) The power in subsection (6)(d) includes power to provide that provision for deemed discharge of a condition does not apply where an applicant for planning permission and the local planning authority to whom the application is made agree, before or after planning permission is granted, that it should not apply in relation to a condition imposed on the grant of permission. (8) The Secretary of State may by development order make provision for section 78(2) (appeals to the Secretary of State) not to apply, or to apply with modifications, where— (a) a person has applied for the consent, agreement or approval of a local planning authority required by a condition imposed on a grant of planning permission, (b) the local planning authority have not given notice to that person of their decision on the application within the period mentioned in section 78(2), and (c) the person has taken such further steps (if any) as are prescribed to bring about the deemed discharge of the planning condition. (9) A development order which makes provision for deemed discharge of a condition must limit the application of that provision to a condition imposed on the grant of planning permission following an application made after the development order comes into force. (10) In this section— - “condition” includes a limitation; - “prescribed” means prescribed by development order made by the Secretary of State.

Mayoral development orders

Mayoral development orders

30

• (1) Schedule 4 (Mayoral development orders) has effect.

• (2) The Secretary of State may by regulations make consequential provision in connection with any provision made by that Schedule.

• (3) Regulations under this section may amend, repeal, revoke or otherwise modify the application of any enactment (but, in the case of an Act, only if the Act was passed before the end of the Session in which this Act is passed).

• (4) In this section “enactment” includes an enactment comprised in subordinate legislation within the meaning of the Interpretation Act 1978.

The Homes and Communities Agency and other bodies

Property etc transfers to the HCA and the GLA

31

• (1) The Housing and Regeneration Act 2008 is amended in accordance with subsections (2) to (4).

• (2) After section 53 (and after the italic heading before section 54) insert—

(53A) (1) The Secretary of State may at any time make one or more schemes for the transfer to the HCA of designated property, rights or liabilities of a specified public body. (2) In subsection (1) “specified public body” means a public body which is for the time being specified, or of a description specified, by regulations made by the Secretary of State. (3) On the date specified by a scheme as the date on which the scheme is to have effect, the designated property, rights or liabilities are transferred and vest in accordance with the scheme. (4) Schedule 6 applies to a scheme under this section. (5) The Secretary of State may not make a scheme under this section unless the specified public body to which the scheme relates has consented to its provisions. (6) A scheme under this section may not make provision in relation to land which is held by the Secretary of State and was acquired, or is treated as having been acquired, under section 39 of the Forestry Act 1967 (power to acquire land which is suitable for afforestation or purposes connected with forestry). (7) In this section— - “designated”, in relation to a scheme, means specified in or determined in accordance with the scheme; - “public body” means a person or body with functions of a public nature. (8) This section and section 53B bind the Crown, but do not have effect in relation to property, rights or liabilities belonging to— (a) Her Majesty in right of the Crown, (b) Her Majesty in right of Her private estates, (c) Her Majesty in right of the Duchy of Lancaster, or (d) the Duchy of Cornwall. (9) The reference in subsection (8) to Her Majesty's private estates is to be construed in accordance with section 1 of the Crown Private Estates Act 1862. (53B) (1) The Treasury may by regulations make provision for varying the way in which a relevant tax has effect from time to time in relation to— (a) any property, rights or liabilities transferred in accordance with a transfer scheme under section 53A, or (b) anything done for the purposes of, or in relation to, or in consequence of, the transfer of any property, rights or liabilities in accordance with such a transfer scheme. (2) The provision that may be made under subsection (1)(a) includes, in particular, provision for— (a) a tax provision not to apply, or to apply with modifications, in relation to any property, rights or liabilities transferred; (b) any property, rights or liabilities transferred to be treated in a specified way for the purposes of a tax provision; (c) the Secretary of State to be required or permitted, with the consent of the Treasury, to determine, or to specify the method for determining, anything which needs to be determined for the purposes of any tax provision so far as relating to any property, rights or liabilities transferred. (3) The provision that may be made under subsection (1)(b) includes, in particular, provision for— (a) a tax provision not to apply, or to apply with modifications, in relation to anything done for the purposes of, or in relation to, or in consequence of, the transfer; (b) anything done for the purposes of, or in relation to, or in consequence of, the transfer to have or not to have a specified consequence or be treated in a specified way; (c) the Secretary of State to be required or permitted, with the consent of the Treasury, to determine, or to specify the method for determining, anything which needs to be determined for the purposes of any tax provision so far as relating to anything done for the purposes of, or in relation to, or in consequence of, the transfer. (4) In this section— - “relevant tax” means income tax, corporation tax, capital gains tax, stamp duty, stamp duty land tax or stamp duty reserve tax; - “tax provision” means a provision of an enactment about a relevant tax. (5) References in this section to the transfer of property, rights or liabilities in accordance with a transfer scheme under section 53A include references to— (a) the creation of interests, rights or liabilities under the scheme, and (b) the modification of interests, rights or liabilities under the scheme, (and “transferred”, in relation to property, rights or liabilities, is to be read accordingly).

• (3) In section 51 (property etc transfers) after subsection (3) insert—

(3A) A scheme under this section may not make provision in relation to land which is held by the Secretary of State and was acquired, or is treated as having been acquired, under section 39 of the Forestry Act 1967 (power to acquire land which is suitable for afforestation or purposes connected with forestry).

• (4) In section 320 (orders and regulations)—

• (a) in subsection (7) (instruments subject to annulment in pursuance of a resolution of either House of Parliament) after paragraph (c) insert—

(ca) regulations under section 53A(2),

, and

• (b) after that subsection insert—

(7A) An instrument containing regulations under section 53B is subject to annulment in pursuance of a resolution of the House of Commons.

• (5) The Greater London Authority Act 1999 is amended in accordance with subsections (6) to (9).

• (6) After section 333D insert—