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Infrastructure Act 2015

Type Public General Act

Publication 2015-02-12

Last updated 2018-10-01

State In force

Department Statute Law Database

Source legislation.gov.uk

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Reform history JSON API

The Extractive Industries Transparency Initiative

40

After section 8 of the Commissioners for Revenue and Customs Act 2005 insert—

(8A) (1) The Commissioners may do anything which they think necessary or expedient in connection with the Extractive Industries Transparency Initiative in so far as it relates to taxes the collection and management of which is the responsibility of the Commissioners. (2) In this section “the Extractive Industries Transparency Initiative” means the international initiative of that name which has the aim of promoting openness in the management of revenues from natural resources.

Recovery of UK petroleum

Maximising economic recovery of UK petroleum

41

After section 9 of the Petroleum Act 1998 insert—

(9A) (1) In this Part the “principal objective” is the objective of maximising the economic recovery of UK petroleum, in particular through— (a) development, construction, deployment and use of equipment used in the petroleum industry (including upstream petroleum infrastructure), and (b) collaboration among the following persons— (i) holders of petroleum licences; (ii) operators under petroleum licences; (iii) owners of upstream petroleum infrastructure; (iv) persons planning and carrying out the commissioning of upstream petroleum infrastructure. (2) The Secretary of State must produce one or more strategies for enabling the principal objective to be met. (3) A strategy may relate to matters other than those mentioned in subsection (1)(a) and (b). (4) For provision about producing and revising a strategy, see sections 9F and 9G. (9B) The Secretary of State must act in accordance with the current strategy or strategies when— (a) exercising functions under the other Parts of this Act (except Part 4), (b) exercising functions under Part 4 to the extent that they concern reduction of the costs of abandonment of offshore installations and submarine pipelines, (c) exercising functions under Chapter 3 of Part 2 of the Energy Act 2011 (upstream petroleum infrastructure), (d) exercising any function or using any power under a petroleum licence, and (e) exercising any other function or using any power— (i) to provide advice or assistance to another person, or (ii) to acquire, use or supply information, for the purpose of enabling the principal objective to be met. (9C) (1) A person who is the holder of a petroleum licence must act in accordance with the current strategy or strategies when planning and carrying out activities as the licence holder. (2) A person who is an operator under a petroleum licence must act in accordance with the current strategy or strategies when planning and carrying out activities as the operator under the licence. (3) A person who is the owner of upstream petroleum infrastructure must act in accordance with the current strategy or strategies when planning and carrying out the person's activities as the owner of upstream petroleum infrastructure (including the development, construction, deployment and use of the infrastructure). (4) A person must act in accordance with the current strategy or strategies when planning and carrying out the commissioning of upstream petroleum infrastructure. (9D) (1) As soon as practicable after the end of each reporting period, the Secretary of State must— (a) consider the extent to which, during that period, these persons have followed section 9C by acting in accordance with the current strategy or strategies— (i) licence holders, (ii) operators under petroleum licences, (iii) owners of upstream petroleum infrastructure, and (iv) persons planning and carrying out the commissioning of upstream petroleum infrastructure; and (b) produce a report on the results of the consideration of that question. (2) The report may contain other material, including a statement of action which the Secretary of State has taken, or is proposing to take, in response to any matter included in the report (including changes to a strategy). (3) The Secretary of State must publish, and lay before each House of Parliament, a copy of each report produced under this section. (4) In this section “reporting period” means— (a) the period of two years beginning with the day when this section comes into force, and (b) each subsequent period of one year beginning with the day after the end of a previous reporting period. (9E) (1) This Part does not limit the exercise of the Secretary of State's security and resilience functions. (2) This Part is subject to the exercise of the security and resilience functions by the Secretary of State. (3) In this section “security and resilience function” means any function which relates to— (a) the security of petroleum supplies, or (b) the resilience of the petroleum industry. (9F) (1) The Secretary of State must produce the first strategy before the end of the period of one year beginning with the day on which this section comes into force. (2) The Secretary of State may subsequently— (a) produce a new strategy, or (b) revise a current strategy, whenever the Secretary of State thinks appropriate. (3) The Secretary of State must review each current strategy before the end of each relevant four year period. (4) In reviewing a current strategy, the Secretary of State must (in particular) take account of the results of any consideration undertaken under section 9D in respect of reporting periods falling within the relevant four year period. (5) In this section “relevant four year period”, in relation to a current strategy, means a period of four years beginning with— (a) the date on which the strategy was issued, or (b) if later, the date on which the last review under subsection (3) was concluded. (9G) (1) Before— (a) producing the first strategy, (b) producing a new strategy, or (c) revising a current strategy, the Secretary of State must prepare a draft of the strategy or revised strategy. (2) The Secretary of State must— (a) consult such persons as the Secretary of State thinks appropriate about the draft, and (b) consider any representations made by them. (3) If, after complying with that duty, the Secretary of State decides to proceed with the draft (in its original form or with modifications), the Secretary of State must lay a copy of the draft before each House of Parliament. (4) The Secretary of State may not take any further steps in relation to the draft if, within the 40 day period, either House resolves not to approve the draft (a “negative resolution”). (5) If neither House passes a negative resolution, the Secretary of State may issue the strategy or revised strategy in the form laid before Parliament. (6) The strategy or revised strategy comes into force on the date specified by the Secretary of State (which must not be before the date when it is issued). (7) Subsection (4) does not prevent a new draft of a strategy or revised strategy from being laid before Parliament. (8) In this section “40 day period”, in relation to the draft of a strategy or revised strategy, means the period of 40 days beginning with the day on which the draft is laid before Parliament (or if the draft is not laid before each House on the same day, the later of the 2 days on which it is laid). (9) For the purposes of calculating the 40 day period, no account is to be taken of any period during which Parliament is dissolved or prorogued or during which both Houses are adjourned for more than four days. (9H) (1) In this Part “upstream petroleum infrastructure” means— (a) a gas processing facility, (b) an oil processing facility, or (c) an upstream petroleum pipeline, if and in so far as it meets conditions A and B. (2) A facility or pipeline meets condition A if and in so far as it is situated in Great Britain or relevant UK waters. (3) A facility or pipeline meets condition B if and in so far as it is used in relation to UK petroleum (including such petroleum after it has been got). (4) But an upstream petroleum pipeline is not “upstream petroleum infrastructure” if it is a pipeline to which section 17GA applies (petroleum pipelines subject to Norwegian access system). (5) In this section, the following expressions have the same meanings as in Chapter 3 of Part 2 of the Energy Act 2011 (see section 90 of that Act)— (a) “gas processing facility”; (b) “oil processing facility”; (c) “upstream petroleum pipeline”. (6) In this Part, “owner”, in relation to upstream petroleum infrastructure, means— (a) a person in whom the pipeline or facility is vested; (b) a lessee and any person occupying or controlling the pipeline or facility; and (c) a person who has the right to have things conveyed by the pipeline or processed by the facility. (9I) In this Part— - “current strategy”, in relation to any particular time, means a strategy under section 9A(2) in force at that time; - “operator under a petroleum licence” means a person who is responsible for organising or supervising any of the operations of searching for, boring for, or getting UK petroleum in pursuance of the petroleum licence; - “owner”, in relation to upstream petroleum infrastructure, has the meaning given in section 9H; - “petroleum” has meaning given in section 1; - “petroleum licence” means a licence granted under— 1. section 3 of this Act, or 2. section 2 of the Petroleum (Production) Act 1934; - “principal objective” has the meaning given in section 9A; - “relevant UK waters” means— 1. the territorial sea adjacent to the United Kingdom, and 2. the sea in any area designated under section 1(7) of the Continental Shelf Act 1964; - “UK petroleum” means petroleum which for the time being exists in its natural condition in strata beneath relevant UK waters; - “upstream petroleum infrastructure” has the meaning given in section 9H.

Levy on holders of certain energy industry licences

42

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Petroleum and geothermal energy in deep-level land

Petroleum and geothermal energy: right to use deep-level land

43

(1) A person has the right to use deep-level land in any way for the purposes of exploiting petroleum or deep geothermal energy.

(2) Land is subject to the right of use (whether for the purposes of exploiting petroleum or deep geothermal energy) only if it is—

(a) deep-level land, and

(b) within a landward area.

(3) But that does not prevent deep-level land that is within a landward area from being used for the purposes of exploiting petroleum or deep geothermal energy outside a landward area.

(4) Deep-level land is any land at a depth of at least 300 metres below surface level.

Further provision about the right of use

44

(1) The ways in which the right of use may be exercised include—

(a) drilling, boring, fracturing or otherwise altering deep-level land;

(b) installing infrastructure in deep-level land;

(d) passing any substance through, or putting any substance into, deep-level land or infrastructure installed in deep-level land;

(e) keeping, using or removing any substance put into deep-level land or into infrastructure installed in deep-level land.

(2) The purposes for which the right of use may be exercised include—

(a) searching for petroleum or deep geothermal energy;

(b) assessing the feasibility of exploiting petroleum or deep geothermal energy;

(d) decommissioning, and other activity which falls to be continued or undertaken, in consequence of activities undertaken for the purposes of exploiting petroleum or deep geothermal energy.

(3) The right of use includes the right to leave deep-level land in a different condition from the condition it was in before an exercise of the right of use (including by leaving any infrastructure or substance in the land).

(4) The right of use—

(a) does not give a person (“R”) any power which is greater than, or different from, the power which R would have had if the right had been granted by a person legally entitled to grant it; and

(b) does not relieve a person (“R”) from any obligation or liability to which R would have been subject if the right had been granted by a person legally entitled to grant it.

(5) A person (“L”) who owns land (the “relevant land”) is not liable, as the owner of that land, in tort for any loss or damage which is attributable to the exercise, or proposed exercise, of the right of use by another person (whether in relation to the relevant land or any other land).

(6) For that purpose, loss or damage is not attributable to the exercise, or proposed exercise, of the right of use (in particular) if, or to the extent that, the loss or damage is attributable to a deliberate omission by L.

(7) There is a “deliberate omission by L” if L, as owner of the relevant land, decides—

(a) not to do an act, or

(b) not to allow another person to do an act,

and the circumstances at the time of that decision were such that L would not have had to bear any of the costs incurred (whether by L or any other person) in doing or allowing the act.

(8) Section 43 and this section bind the Crown.

Payment scheme

45

(1) The Secretary of State may, by regulations, require relevant energy undertakings to make payments in respect of the proposed exercise, or exercise, of—

(a) the right to use deep-level land in England for the purposes of exploiting petroleum, and

(b) the right to use deep-level land for the purposes of exploiting deep geothermal energy.

(1A) The Welsh Ministers may, by regulations, require relevant energy undertakings to make payments in respect of the proposed exercise, or exercise, of the right to use deep-level land in Wales for the purposes of exploiting petroleum.

(2) Regulations under subsection (1) may require payments to be made—

(a) to owners of relevant land or interests in relevant land;

(b) to other persons for the benefit of areas in which relevant land is situated.

(3) Regulations under subsection (1) may—

(a) specify the amount or amounts of payments;

(b) make provision for determining the amount or amounts of payments.

(4) Regulations under subsection (1) may require relevant energy undertakings to provide the Secretary of State, or any other specified person, with specified information about—

(a) the proposed exercise, or exercise, of the right of use; to which the regulations relate

(b) the making of payments in accordance with regulations under subsection (1).

(4A) Regulations under subsection (1A) may require relevant energy undertakings to provide the Welsh Ministers, or any other specified person, with specified information about—

(a) the proposed exercise, or exercise, of the right of use to which the regulations relate;

(b) the making of payments in accordance with regulations under subsection (1A).

(5) Before making any regulations under subsection (1), the Secretary of State must consult such persons as the Secretary of State considers appropriate.

(6) Before making any regulations under subsection (1A), the Welsh Ministers must consult such persons as they consider appropriate.

Notice scheme

46

(1) The Secretary of State may, by regulations, require relevant energy undertakings to give notice of the proposed exercise, or exercise, of —

(a) the right to use deep-level land in England for the purposes of exploiting petroleum, and

(b) the right to use deep-level land for the purposes of exploiting deep geothermal energy.

(1A) The Welsh Ministers may, by regulations, require relevant energy undertakings to give notice of the proposed exercise, or exercise, of the right to use deep-level land in Wales for the purposes of exploiting petroleum.

(2) The regulations may require relevant energy undertakings—

(a) to give notice—

(i) to owners of relevant land or interests in relevant land;

(ii) to persons of other specified descriptions;

(b) to display notice within the area in which relevant land is situated or elsewhere;

(3) The regulations may make provision about the information which the notice is to contain, including provision about information relating to—

(a) any payment scheme regulations which are in force;

(b) the application of any payment scheme regulations to the proposed exercise, or exercise, of the right of use; to which the regulations relate

(4) The regulations may make provision about the manner in which notice is to be given, displayed or published, including provision requiring notice to be—

(a) displayed at specified places or places of specified descriptions;

(b) published in specified publications or publications of specified descriptions.

(5) Regulations under subsection (1) may require relevant energy undertakings to provide the Secretary of State, or any other specified person, with specified information about—

(a) the proposed exercise, or exercise, of the right of use to which the regulations relate;

(b) the giving of notice in accordance with regulations under subsection (1).

(5A) Regulations under subsection (1A) may require relevant energy undertakings to provide the Welsh Ministers, or any other specified person, with specified information about—

(a) the proposed exercise, or exercise, of the right of use to which the regulations relate;

(b) the giving of notice in accordance with regulations under subsection (1A).

(6) Before making regulations under subsection (1), the Secretary of State must consult such persons as the Secretary of State considers appropriate.

(6A) Before making regulations under subsection (1A), the Welsh Ministers must consult such persons as they consider appropriate.

(7) In this section “payment scheme regulations” means regulations under section 45.

Payment and notice schemes: supplementary provision

47

(1) Regulations under section 45 or 46 may make provision about the enforcement of relevant requirements, including provision for the imposition of financial penalties in respect of breach of relevant requirements.

(2) Regulations made by the Secretary of State under section 45 or 46 may confer a function on—

(a) the Secretary of State, or

(b) any other person, apart from the Welsh Ministers.

(2A) Regulations made by the Welsh Ministers under section 45 or 46 may confer a function on—

(a) the Welsh Ministers, or

(b) any other person apart from a Minister of the Crown (within the meaning of the Ministers of the Crown Act 1975).

(3) The functions that may be imposed include—

(a) a duty (including a restriction or prohibition);

(b) a function involving the exercise of a discretion;

(4) The provisions of sections 45 and 46 and this section which specify particular kinds of provision that may be made in regulations under section 45 or 46 do not limit the powers conferred by that section to make such regulations.

(5) The Secretary of State must carry out a review of the Secretary of State's powers under sections 45 and 46 and the preceding provisions of this section as soon as reasonably practicable after the end of the period of 5 years beginning with the day on which they come into force.

(6) The Secretary of State must by regulations—

(a) repeal section 45(1), and make any consequential amendments (including repeals) of the other provisions of this Act that the Secretary of State considers appropriate, if the relevant conditions are met in relation to the power under section 45(1);

(b) repeal section 46(1), and make any consequential amendments (including repeals) of the other provisions of this Act that the Secretary of State considers appropriate, if the relevant conditions are met in relation to the power under section 46(1).

(7) The relevant conditions are met in relation to the power under section 45(1) or the power under section 46(1) if—

(a) that power is not exercised within the period of 7 years beginning with the day on which that section comes into force, and

(b) the Secretary of State is satisfied that there is no convincing case for retaining that power.

Interpretation

48

(1) For the purposes of deciding whether land is deep-level land—

(a) the depth of a point in land below surface level is the distance between that point and the surface of the land vertically above that point; and

(b) in determining what is the surface of the land, any building or other structure on the land, and any water covering the land, must be ignored.

(1A) The Secretary of State may make regulations setting out the definition of “landward area” as it applies in relation to—

(a) the right to use deep-level land in England for the purposes of exploiting petroleum, and

(b) the right to use deep-level land for the purposes of exploiting deep geothermal energy.

(1B) The Welsh Ministers may make regulations setting out the definition of “landward area” as it applies in relation to the right to use deep-level land in Wales for the purposes of exploiting petroleum within the Welsh onshore area.

(1C) Until regulations are made under subsection (1A) or (1B), “landward area” means those parts of the landward area, within the meaning of the 2014 Regulations, that are in England and Wales.

(2) In sections 43 to 47 and this section—

“the 2014 Regulations” means the Petroleum Licensing (Exploration and Production) (Landward Areas) Regulations 2014 (S.I. 2014/1686), as in force on the day on which subsections (1A) to (1C) come into force;

“deep geothermal energy” means geothermal energy in deep-level land (including in water or any other fluid in deep-level land);

“deep-level land” has the meaning given in section 43(4);

“England” includes the sea adjacent to England out as far as— the seaward boundary of the territorial sea, orif nearer to the land, any boundary between waters that are treated as part of the sea adjacent to Wales and those that are not, as determined by an order made under section 158(3) of the Government of Wales Act 2006;

“petroleum” has the same meaning as in Part 1 of the Petroleum Act 1998 (see section 1 of that Act);

“relevant energy undertaking” means a person who proposes to exercise, or exercises, the right of use;

“relevant land” means land in respect of which the right of use is proposed to be, or is, exercised;

“relevant requirement” means a requirement imposed by regulations under section 45 or 46;

“right of use” means the right conferred by section 43;

“specified” means specified in regulations under section 45 or 46;

“substance” includes electricity and any other intangible thing;

“Wales” has the same meaning as in the Government of Wales Act 2006 (see section 158(1) and (3) of that Act);

“Welsh onshore area” has the same meaning as in Section D2 in Part 2 of Schedule 7A to the Government of Wales Act 2006.

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Other provision about onshore petroleum

Advice on likely impact of onshore petroleum on the carbon budget

49

(1) The Secretary of State must from time to time request the Committee on Climate Change to provide advice (in accordance with section 38 of the CCA 2008) on the impact which combustion of, and fugitive emissions from, petroleum got through onshore activity in England is likely to have on the Secretary of State's ability to meet the duties imposed by—

(a) section 1 of the CCA 2008 (net UK carbon account target for 2050), and

(b) section 4(1)(b) of the CCA 2008 (UK carbon account not to exceed carbon budget).

(2) As soon as practicable after each reporting period, the Secretary of State must—

(a) lay before Parliament a copy of advice received under subsection (1) during the reporting period, and

(b) lay before Parliament a draft of regulations under subsection (3) or a report under subsection (5).

(3) Regulations under this subsection are regulations providing for section 43 to cease to have effect in England to such extent as may be specified in the regulations.

(4) No provision made in regulations under subsection (3) has effect in relation to anything done in exercise of the right of use conferred by section 43 before the date on which the regulations come into force.

(5) A report under this subsection is a report explaining why a draft of regulations under subsection (3) has not been laid.

(6) Regulations under this section may make such consequential amendments or repeals of sections 43 to 48 and this section as the Secretary of State considers appropriate.

(7) In this section—

“CCA 2008” means the Climate Change Act 2008;

“petroleum got through onshore activity in England” means petroleum got from the strata in which it exists in its natural condition by activity carried out on land in England (excluding land covered by the sea or any tidal waters);

“petroleum” has the same meaning as in Part 1 of the Petroleum Act 1998 (see section 1 of that Act);

“reporting period” means—the period ending with 1 April 2016, andeach subsequent period of 5 years.

Onshore hydraulic fracturing: safeguards

50

After section 4 of the Petroleum Act 1998 insert—

(4A) (1) The Secretary of State must not issue a well consent that is required by an onshore licence for England or Wales unless the well consent imposes— (a) a condition which prohibits associated hydraulic fracturing from taking place in land at a depth of less than 1000 metres; and (b) a condition which prohibits associated hydraulic fracturing from taking place in land at a depth of 1000 metres or more unless the licensee has the Secretary of State's consent for it to take place (a “hydraulic fracturing consent”). (2) A hydraulic fracturing consent is not to be issued unless an application for its issue is made by, or on behalf of, the licensee. (3) Where an application is made, the Secretary of State may not issue a hydraulic fracturing consent unless the Secretary of State— (a) is satisfied that— (i) the conditions in column 1 of the following table are met, and (ii) the conditions in subsection (6) are met, and (b) is otherwise satisfied that it is appropriate to issue the consent. (4) The existence of a document of the kind mentioned in column 2 of the table in this section is sufficient for the Secretary of State to be satisfied that the condition to which that document relates is met. (5) But the absence of such a document does not prevent the Secretary of State from being satisfied that that condition is met.

Column 1: conditions	Column 1: conditions	Column 2: documents
1	The environmental impact of the development which includes the relevant well has been taken into account by the local planning authority	A notice given by the local planning authority that the environmental information was taken into account in deciding to grant the relevant planning permission
2	Appropriate arrangements have been made for the independent inspection of the integrity of the relevant well	A certificate given by the Health and Safety Executive that it— (a) has received a well notification under regulation 6 of the Borehole Sites and Operations Regulations 1995, (b) has received the information required by regulation 19 of the Offshore Installations and Wells (Design and Construction, etc.) Regulations 1996, and (c) has visited the site of the relevant well
3	The level of methane in groundwater has, or will have, been monitored in the period of 12 months before the associated hydraulic fracturing begins	An environmental permit has been given by the relevant environmental regulator which contains a condition that requires compliance with a waste management plan which provides for monitoring of the level of methane in groundwater in the period of 12 months before the associated hydraulic fracturing begins
4	Appropriate arrangements have been made for the monitoring of emissions of methane into the air	An environmental permit which contains a condition requiring compliance with a waste management plan which provides for the monitoring of emissions of methane into the air for the period of the permit
5	The associated hydraulic fracturing will not take place within protected groundwater source areas	A decision document given by the relevant environmental regulator (in connection with an environmental permit) which indicates that the associated hydraulic fracturing will not take place within protected groundwater source areas
6	The associated hydraulic fracturing will not take place within other protected areas	A notice given by the local planning authority that the area in respect of which the relevant planning permission has been granted does not include any land which is within any other protected areas
7	In considering an application for the relevant planning permission, the local planning authority has (where material) taken into account the cumulative effects of— (a) that application, and (b) other applications relating to exploitation of onshore petroleum obtainable by hydraulic fracturing	A notice given by the local planning authority that it has taken into account those cumulative effects
8	The substances used, or expected to be used, in associated hydraulic fracturing— (a) are approved, or (b) are subject to approval, by the relevant environmental regulator	An environmental permit has been given by the relevant environmental regulator which contains a condition that requires substances used in associated hydraulic fracturing to be approved by that regulator
9	In considering an application for the relevant planning permission, the local planning authority has considered whether to impose a restoration condition in relation to that development	A notice given by the local planning authority that it has considered whether to impose such a condition
10	The relevant undertaker has been consulted before grant of the relevant planning permission	A notice given by the local planning authority that the relevant undertaker has been consulted
11	The public was given notice of the application for the relevant planning permission	A notice given by the local planning authority which confirms that the applicant for the relevant planning permission has certified that public notification requirements, as set out in a development order, have been met

(6) The conditions mentioned in subsection (3)(a)(ii) are— (a) that appropriate arrangements have been made for the publication of the results of the monitoring referred to in condition 4 in the table; (b) that a scheme is in place to provide financial or other benefit for the local area. (7) A hydraulic fracturing consent may be issued subject to any conditions which the Secretary of State thinks appropriate. (8) A breach of such a condition is to be treated as if it were a breach of a condition of a well consent. (4B) (1) “Associated hydraulic fracturing” means hydraulic fracturing of shale or strata encased in shale which— (a) is carried out in connection with the use of the relevant well to search or bore for or get petroleum, and (b) involves, or is expected to involve, the injection of— (i) more than 1,000 cubic metres of fluid at each stage, or expected stage, of the hydraulic fracturing, or (ii) more than 10,000 cubic metres of fluid in total. (2) For the purposes of deciding the depth at which associated hydraulic fracturing is taking place in land— (a) the depth of a point in land below surface level is the distance between that point and the surface of the land vertically above that point; and (b) in determining what is the surface of the land, any building or other structure on the land, and any water covering the land, must be ignored. (3) Subsections (1) and (2) apply for the purposes of section 4A and this section. (4) The Secretary of State must, by regulations made by statutory instrument, specify— (a) the descriptions of areas which are “protected groundwater source areas”, and (b) the descriptions of areas which are “other protected areas”, for the purposes of section 4A. (5) A statutory instrument which contains regulations under subsection (4) may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament. (6) The Secretary of State must lay a draft of the first such regulations before each House of Parliament on or before 31 July 2015. (7) The Secretary of State must consult— (a) the Environment Agency before making any regulations under subsection (4)(a) in relation to England; (b) the Natural Resources Body for Wales before making any regulations under subsection (4)(a) in relation to Wales. (8) These expressions have the meanings given— - “development order” has the meaning given in section 59 of the Town and Country Planning Act 1990; - “environmental permit” means a permit granted under regulation 13 of the Environmental Permitting (England and Wales) Regulations 2010; - “hydraulic fracturing consent” has the meaning given in subsection (1)(b); - “licensee” means the holder of the onshore licence for England or Wales; - “local planning authority” means— 1. the planning authority to which the application for the relevant planning permission was made (unless the Secretary of State or Welsh Ministers are responsible for determining the application), or 2. the Secretary of State or Welsh Ministers (if responsible for determining the application); - “onshore licence for England or Wales” means a licence granted under section 3 which authorises a person to search or bore for or get petroleum in those parts of the landward area (within the meaning of the Petroleum Licensing (Exploration and Production) (Landward Areas) Regulations 2014) that are in England or Wales or are beneath waters (other than waters adjacent to Scotland); - “relevant environmental regulator” means— 1. the Environment Agency, if the relevant well is situated in England, or 2. the Natural Resources Body for Wales, if the relevant well is situated in Wales; - “relevant planning permission” means planning permission to be granted, or granted, in respect of development which includes the relevant well; - “relevant undertaker” means the water undertaker or sewerage undertaker in whose area of appointment the relevant well is located; - “relevant well” means the well to which a well consent relates; - “well consent” means a consent in writing of the Secretary of State to the commencement of drilling of a well. (9) The power of the Secretary of State to make regulations under section 4 includes power to make such amendments of the definition of “onshore licence for England or Wales” in this section as the Secretary of State considers appropriate in consequence of any other exercise of the power under section 4. (10) The Secretary of State may, by regulations made by statutory instrument— (a) make such amendments of column 2 of the table in section 4A as the Secretary of State considers appropriate, and (b) make such other amendments of section 4A or this section as the Secretary of State considers appropriate in consequence of provision made under paragraph (a). (11) A statutory instrument which contains regulations under subsection (10) may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.

Renewable heat incentives

51

(1) Section 100 of the Energy Act 2008 (renewable heat incentives) is amended in accordance with subsections (2) to (4).

(2) After subsection (1) insert—

(1A) Regulations under this section may confer any function on any person. (1B) Regulations under this section may provide for a function conferred on a person to be exercisable on behalf of another person.

(3) In subsection (2)—

(a) in paragraph (a), for the words before sub-paragraph (i) substitute—

(a) make provision giving any of the following persons entitlements to payments (“RHI payments”) in specified circumstances—

;

(b) in paragraph (b), for “such payments” substitute “ RHI payments ”;

(ba) make provision about the circumstances in which, and descriptions of persons to whom, the whole or a part of an entitlement to an RHI payment may be assigned (whether the person has the entitlement by virtue of regulations under paragraph (a) or regulations under this paragraph); (bb) authorise or require the Secretary of State, the Authority, designated fossil fuel suppliers, or any person with any other administration function, to make an RHI payment— (i) to the person who is entitled to the payment by virtue of regulations under paragraph (a), or (ii) where that entitlement has been wholly or partly assigned in accordance with regulations under this section, to the person or persons for the time being enjoying the entitlement or any part of it;

;

(d) in paragraph (c), for “such payments” substitute “ RHI payments ”;

(e) for paragraph (d) substitute—

(d) authorise or require a person to provide specified information;

;

(f) in paragraph (e), omit “to the Secretary of State or the Authority”;

(g) in paragraph (h), omit “for the Secretary of State or the Authority”;

(h) omit paragraph (i);

(i) at the end insert—

(j) authorise the Secretary of State to make payments to a person in respect of the exercise by the person of functions under regulations under this section; (k) make provision about the resolution of disputes relating to the exercise of functions under regulations under this section, including provision about arbitration or appeals (which may, in particular, provide for the person conducting an arbitration or determining an appeal to order the payment of costs or compensation).

(4) In subsection (3), after the definition of “fossil fuel supplier” insert—

“other administration function” means a function relating to the administration of a scheme established under this section, other than a function conferred by regulations under subsection (2)(bb);

(5) Section 105 of the Energy Act 2008 (Parliamentary control of subordinate legislation) is amended in accordance with subsections (6) to (8).

(6) In subsection (2)—

(a) in paragraph (a), omit sub-paragraph (vi);

(b) after paragraph (aa) insert—

(ab) regulations which contain (whether alone or together with other provision) affirmative resolution provision made under section 100 (renewable heat incentives);

(7) In subsection (3), after “(2)(a)” insert “ , (ab) ”

(8) After subsection (3) insert—

(3A) Provision made under section 100 is affirmative resolution provision if— (a) the provision is made under any of the powers which always attract the affirmative resolution procedure, or (b) the provision— (i) is not made under any of those powers, and (ii) meets condition A, B, C or D. (3B) The powers which always attract the affirmative resolution procedure are the powers conferred by— (a) section 100(2)(c), (e), (f), (g), (h) and (k), (b) section 100(5), and (c) section 100(6). (3C) Provision meets condition A if— (a) it is made under the power conferred by section 100(2)(bb), and (b) it requires a designated fossil fuel supplier to make a payment under an RHI scheme. (3D) Provision meets condition B if— (a) it confers an administration function on a person who is not the Secretary of State or the Authority, and (b) the time when the provision comes into force will be the first time that an administration function under the RHI scheme concerned is exercisable by a person who is not the Secretary of State or the Authority. (3E) Provision meets condition C if— (a) it is made under a power conferred by paragraph (ba) or (bb)(ii) of section 100(2), (b) it is made in relation to an RHI scheme that was in existence immediately before the coming into force of this subsection, and (c) it is the first provision to be made under that power in relation to that RHI scheme. (3F) Provision meets condition D if— (a) it is made under a power conferred by paragraph (a), (b), (ba), (bb), (d) or (j) of section 100(2), (b) it is made in relation to an RHI scheme that was not in existence immediately before the coming into force of this subsection, and (c) it is the first provision to be made under that power in relation to that RHI scheme. (3G) In deciding whether provision meets condition B, the following matters must be ignored— (a) for the purposes of subsection (3D)(a): any provision which confers a payment function on designated fossil fuel suppliers; (b) for the purposes of subsection (3D)(b): any payment function under the RHI scheme concerned which (before the time when the provision comes into force) is, or has been, exercisable by designated fossil fuel suppliers. (3H) The fact that provision is to some extent made under a power conferred by section 100(1), (1A) or (1B) does not prevent that provision from being taken (for the purposes of subsections (3A) to (3F)) as being made under any other power conferred by section 100. (3I) In subsections (3B) to (3H) and this subsection— - “administration function” means a function relating to the administration of an RHI scheme; - “designated fossil fuel suppliers” has the same meaning as in section 100; - “payment function” means a function of making a payment under an RHI scheme (whether the function authorises or requires the making of the payment); - “RHI scheme” means a scheme under section 100 to facilitate and encourage renewable generation of heat.

(9) In section 105 of the Utilities Act 2000 (general restrictions on disclosure of information), in subsection (3)—

(a) in paragraph (a), omit “or section 100”;

(b) after paragraph (a) insert—

(aa) it is made for the purpose of facilitating any functions of any person under section 100 of the Energy Act 2008;

Reimbursement of persons who have met expenses

Reimbursement of persons who have met expenses of making electrical connections

52

(1) The Electricity Act 1989 is amended in accordance with this section.

(2) In section 19 (power to recover expenditure)—

(a) omit subsections (2) and (3);

(b) after subsection (3) insert—

(3A) Schedule 5B (reimbursement of persons who have met expenses) has effect.

;

(3) After Schedule 5A insert—

SCHEDULE 5B (1) (1) The Secretary of State may, by regulations, make provision entitling the relevant electricity distributor to exercise the reimbursement powers in cases where conditions A, B, C and D are met. (2) Condition A is met if any electric line or electrical plant is provided for the purpose of making a connection (the “first connection”)— (a) between premises and a distribution system, or (b) between two distribution systems. (3) Condition B is met if a payment in respect of first connection expenses is made by one or more of the following persons— (a) a person requiring the first connection in pursuance of section 16(1); (b) a person who otherwise causes the first connection to be made (including by means of contractual arrangements). (4) Condition C is met if any electric line or electric plant provided for the purpose of making the first connection is used for the purpose of making another connection (the “second connection”)— (a) between premises and a distribution system, or (b) between two distribution systems. (5) Condition D is met if the second connection is made within the prescribed period after the first connection was made. (6) “First connection expenses” are any expenses reasonably incurred by a person in providing any electric line or electric plant for the purpose of making the first connection. (7) It does not matter whether the first connection, or the second connection, is made by an electricity distributor or a person of another description. (2) (1) The “reimbursement powers” are— (a) the power to demand a reimbursement payment from— (i) a person requiring the second connection in pursuance of section 16(1), or (ii) a person who otherwise causes the second connection to be made (including by means of contractual arrangements); and (b) the power to apply the reimbursement payment in making such payments as may be appropriate towards reimbursing any persons for any payments they were previously required to make in respect of first connection expenses (whether that requirement arose by virtue of paragraph (a) or otherwise). (2) A “reimbursement payment” is a payment, of such amount as may be reasonable in all the circumstances, in respect of first connection expenses. (3) (1) The Secretary of State must consult the Authority before making regulations under this Schedule. (2) Regulations under this Schedule may make provision requiring relevant electricity distributors to exercise a reimbursement power (whether in all cases or in cases provided for in the regulations). (3) Regulations under this Schedule may make provision for the relevant electricity distributor to establish or estimate the amount of first connection expenses — or an amount of any aspect of those expenses — in cases where that distributor is not the person who made the first connection. (4) Regulations under sub-paragraph (3) may not require any person to supply the relevant electricity distributor with information about any expenses incurred. (5) Regulations under sub-paragraph (3) may provide for an estimate of an amount of first connection expenses to be calculated by a relevant electricity distributor by reference only to a combination of— (a) expenses which that distributor would incur if that distributor were making the connection at the time of the estimate, and (b) changes in prices since the time when the connection was actually made. (4) (1) In this Schedule— - “first connection” has the meaning given in paragraph 1; - “first connection expenses” has the meaning given in paragraph 1; - “reimbursement payment” has the meaning given in paragraph 2; - “reimbursement powers” has the meaning given in paragraph 2; - “relevant electricity distributor”, in relation to the exercise of a reimbursement power, means— 1. in a case where the first connection was made between premises and a distribution system, the electricity distributor that (at the time of the exercise of the power) operates that distribution system; 2. in a case where the first connection was made between two distribution systems, the electricity distributor that (at the time of the exercise of the power) operates the distribution system into which the first connection has been, or is expected to be, incorporated. (2) A reference in this Schedule to a payment in respect of first connection expenses includes a reference to such a payment made in pursuance of section 19(1).

(4) In section 16 (duty to connect on request), in subsection (4), after “23” insert “ and Schedule 5B ”.

(5) In section 16A (procedure for requiring a connection), in subsection (5)(b)—

(a) omit “or regulations under section 19(2)”;

(b) after “19(2)” insert “ or regulations under Schedule 5B ”.

(6) In section 23 (determination of disputes)—

(a) after subsection (1) insert—

(1ZA) This section also applies to any dispute arising under regulations under Schedule 5B between— (a) an electricity distributor, and (b) a person in respect of whom the electricity distributor exercises the reimbursement powers conferred by the regulations.

;

(b) after subsection (1C) insert—

(1D) No dispute arising under regulations under Schedule 5B may be referred to the Authority after the end of the period of 12 months beginning with the time when the second connection (within the meaning of Schedule 5B) is made.

;

(2A) Where a dispute arising under regulations under Schedule 5B falls to be determined under this section, the Authority may give directions as to the circumstances in which, and the terms on which, an electricity distributor is to make or (as the case may be) to maintain the second connection (within the meaning of Schedule 5B) pending the determination of the dispute.

;

(d) in subsection (4), after “(2)” insert “ , (2A) ”.

Consequential provision

53

(1) The Secretary of State may by regulations make consequential provision in connection with any provision made by or under this Part (other than section 40).

(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).

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

PART 7 — Public Works Loan Commissioners

Power to abolish Public Works Loan Commissioners

54

In the Public Bodies Act 2011, in Schedule 1 (power to abolish: bodies and offices), after “Plant Varieties and Seeds Tribunal.” insert— “ Public Works Loan Commissioners. ”

PART 8 — General provisions

Regulations and orders

55

(1) Regulations and orders made by the Secretary of State, the Treasury or the Welsh Ministers under this Act are to be made by statutory instrument.

(2) A statutory instrument which contains an order under section 1—

(a) appointing a strategic highways company for an area other than the whole of England, and

(b) which is the first exercise of the power in respect of such an area,

may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.

(3) A statutory instrument which contains an order under section 1—

(a) appointing a strategic highways company for an area other than the whole of England, and

(b) which is a subsequent exercise of the power in respect of such an area,

is subject to annulment in pursuance of a resolution of either House of Parliament.

(4) A statutory instrument made by the Secretary of State containing (whether alone or with other provisions)—

(a) regulations under section 18,

(b) regulations under section 38 ...,

(d) regulations under section 19(1)(a), 30 or 53 which amend, repeal or modify the application of an Act,

may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.

(5) Subsection (4) does not apply to a statutory instrument containing only regulations under section 38(5)(b).

(5A) A statutory instrument made by the Welsh Ministers containing regulations under section 45, 46 or 48 may not be made unless a draft of the instrument has been laid before and approved by a resolution of the National Assembly for Wales.

(6) A statutory instrument—

(a) which contains regulations under this Act other than under section 16 or 57, and

(b) to which subsection (4) or (5A) does not apply,

is subject to annulment in pursuance of a resolution of either House of Parliament.

(7) A statutory instrument which contains regulations under section 16 is subject to annulment in pursuance of a resolution of the House of Commons.

(8) A power to make regulations under this Act may be used—

(a) to make different provision for different purposes;

(b) in relation to all or only some of the purposes for which it may be used.

(9) Regulations under this Act may include incidental, supplementary, consequential, transitional, transitory or saving provision.

(10) Subsections (8) and (9) do not apply to regulations under section 57.

Extent

56

(1) Part 1 (strategic highways companies) extends to England and Wales only, save that—

(a) sections 16 and 18 to 20 extend to England and Wales, Scotland and Northern Ireland, and

(b) an amendment or repeal made by that Part, other than the amendment made by section 17(7), has the same extent as the provision to which it relates.

(2) Part 2 (Cycling and Walking Investment Strategies) extends to England and Wales only.

(3) In Part 3 (powers of British Transport Police Force)—

(a) section 22(1) extends to England and Wales only, and

(b) section 22(2) extends to England and Wales and Scotland.

(4) Part 4 (environmental control of animal and plant species) extends to England and Wales only.

(5) In Part 5 (planning, land and buildings)—

(a) an amendment or repeal has the same extent as the provision to which it relates, and

(b) sections 30(2) to (4), 32(11) and (12) and 33(2), Part 4 of Schedule 5 and section 34 so far as applying to that Part and section 37(6) extend to England and Wales only.

(6) In Part 6 (energy)—

(a) sections 38 and 39, sections 41 and 42, sections 51 to 53 and Schedules 6 and 7 extend to England and Wales and Scotland,

(b) section 40 and section 49 extend to England and Wales, Scotland and Northern Ireland, and

(7) Part 7 (Public Works Loan Commissioners) extends to England and Wales, Scotland and Northern Ireland.

(8) This Part extends to England and Wales, Scotland and Northern Ireland.

Commencement

57

(1) Part 1 (strategic highways companies) comes into force—

(a) in so far as it confers power to make regulations, on the day on which this Act is passed, and

(b) for all other purposes, on such day as the Secretary of State appoints by regulations.

(2) Part 2 (Cycling and Walking Investment Strategies) comes into force on such day as the Secretary of State appoints by regulations.

(3) Part 3 (powers of British Transport Police Force) comes into force at the end of the period of two months beginning with the day on which this Act is passed.

(4) Part 4 (environmental control of animal and plant species)—

(a) so far as it relates to England, comes into force on such day as the Secretary of State appoints by regulations, and

(b) so far as it relates to Wales, comes into force on such day as the Welsh Ministers appoint by regulations.

(5) In Part 5 (planning, land and buildings)—

(a) sections 26, 27 and 37 come into force on such day as the Secretary of State appoints by regulations,

(b) section 28 comes into force—

(i) in so far as it confers power to make regulations, on the day on which this Act is passed, and

(ii) for all other purposes, on such day as the Secretary of State appoints by regulations,

(d) section 30 and Schedule 4 come into force—

(i) in so far as they confer power to make provision by regulations or by development order within the meaning of the Town and Country Planning Act 1990, on the day on which this Act is passed, and

(ii) for all other purposes, on such day as the Secretary of State appoints by regulations, and

(e) sections 31, 32, 34, 35 and 36 and Schedule 5 come into force at the end of the period of two months beginning with the day on which this Act is passed.

(6) In the case of section 34 and Schedule 5, subsection (5) has effect subject to Part 4 of that Schedule.

(7) In Part 6 (energy)—

(a) sections 38 and 39 and Schedule 6 come into force on 1 June 2016,

(b) section 40 and sections 43 to 49 come into force at the end of the period of two months beginning with the day on which this Act is passed,

(c) sections 41 and 42, section 50, section 52 and Schedule 7 come into force on such day as the Secretary of State appoints by regulations, and

(d) section 51 and section 53 come into force on the day on which this Act is passed.

(8) Part 7 (Public Works Loan Commissioners) comes into force at the end of the period of two months beginning with the day on which this Act is passed.

(9) This Part comes into force on the day on which this Act is passed.

(10) Regulations under subsection (1)(b), (4), (5)(a), (b)(ii) or (d)(ii) or (7)(c) may appoint different days for different purposes or areas.

(11) The Secretary of State may by regulations make transitional, transitory or saving provision in connection with the coming into force of any provision of this Act, other than Part 4 so far as it relates to Wales.

(12) The Welsh Ministers may by regulations make transitional, transitory or saving provision in connection with the coming into force of Part 4 so far as it relates to Wales.

Short title

58

This Act may be cited as the Infrastructure Act 2015.

SCHEDULE 1

PART 1 — Highways Act 1980

1

The Highways Act 1980 is amended as follows.

2

(1) Section 1 (highway authorities: general provision) is amended as follows.

(2) In subsection (1)—

(a) after “Minister is” insert “ , subject to subsection (1A), ”;

(b) after paragraph (d) insert—

(e) any highway for which he becomes the highway authority by virtue of section 2 of the Infrastructure Act 2015.

(3) After subsection (1) insert—

(1A) A strategic highways company is the highway authority for— (a) any highway specified in the appointment of the company in accordance with Part 1 of the Infrastructure Act 2015; (b) any highway that is directed to become a trunk road and for which that company is directed to be highway authority under section 10; (c) any special road provided by the company; (d) any highway for which an order made under any enactment expressly provides for that company to be the highway authority; (e) any highway transferred to the company by an order under section 14 or 18; (f) any other highway constructed by the company except where— (i) by virtue of section 4(3) or 5(2) or some other enactment, a local highway authority is the highway authority for it; or (ii) by means of an order under section 14 or 18 the highway is transferred to a local highway authority. Paragraphs (a), (b) and (f) do not apply where a local highway authority becomes the highway authority by virtue of section 2.

(4) In subsections (2) and (3) to (4)—

(a) after “subsection (1)” insert “ or (1A) ”;

(b) after “Minister” insert “ or a strategic highways company ”.

3

In section 2 (highway authority for road which ceases to be a trunk road), in subsection (2)—

(a) after the first “Minister” insert “ or by a strategic highways company ”;

(b) after the second “Minister” insert “ or the company ”.

4

(1) Section 3 (highway authority for approaches to and parts of certain bridges) is amended as follows.

(2) In subsection (1), after the first “Minister” insert “ or a strategic highways company ”.

(3) In subsection (3), after “Minister” insert “ or a strategic highways company ”.

5

(1) Section 4 (agreement for exercise by Minister of certain functions of local highway authority as respects highway affected by construction etc of trunk road) is amended as follows.

(2) In subsection (1)—

(a) after the first “Minister” insert “or a strategic highways company, whichever is the highway authority for a trunk road (“the trunk road authority”);

(b) for the second “Minister” substitute “ trunk road authority ”;

(3) In subsection (2)—

(a) for “Minister”, wherever occurring, substitute “ trunk road authority ”;

(b) for “he” substitute “ the trunk road authority ”.

(4) In subsection (3)—

(a) omit “by him”;

(b) for “Minister” substitute “ trunk road authority ”.

(5) In subsections (4) and (5), for “Minister”, wherever occurring, substitute “ trunk road authority ”.

(6) In the heading, after “Minister” insert “ or strategic highways company ”.

6

(1) Section 5 (agreement for local highway authority to maintain and improve certain highways constructed or to be constructed by Minister) is amended as follows.

(2) In subsection (1)—

(a) after the first “Minister” insert “ or a strategic highways company ”;

(b) for “their” substitute “the local highway authority's”;

(3) In the heading, after “Minister” insert “ or strategic highways company ”.

7

(1) Section 6 (delegation etc of functions with respect to trunk roads) is amended as follows.

(2) In subsection (1)—

(a) after “Minister” insert “ or a strategic highways company ”;

(b) after “his” insert “ or its ”;

(3) In subsection (1A)—

(a) after “Minister” insert “ or a strategic highways company ”;

(b) for “their”, wherever occurring, substitute “that council's”.

(4) In subsection (1B)—

(a) after “Minister” insert “ or a strategic highways company ”;

(b) for “their” substitute “that council's”.

(5) In subsection (2)—

(a) after “Minister”, wherever occurring, insert “ or a strategic highways company ”;

(b) for “he may attach” substitute “ may be attached ”.

(6) In subsection (3)—

(a) after “Minister”, wherever occurring, insert “ or a strategic highways company ”;

(b) after “he” insert “ or the company ”;

(7) In subsection (4), after “Minister”, wherever occurring, insert “ or a strategic highways company ”.

(8) In subsection (5)—

(a) after “Minister” insert “ or a strategic highways company ”;

(b) in paragraph (b), for “them” substitute “ the council ”.

(9) In subsection (6), after “Minister”, wherever occurring, insert “ or a strategic highways company ”.

(10) In subsection (8)—

(a) after “Minister”, wherever occurring, insert “ or a strategic highways company ”.

(b) after “his” insert “or the company's”.

8

(1) Section 8 (agreements between local highway authorities for doing of certain works) is amended as follows.

(2) In subsection (1)—

(a) after “local highway authorities” insert “ and strategic highways companies ”;

(b) for “each other” substitute “ other such authorities and companies ”.

(3) In the heading, after “local highway authorities” insert “ and strategic highways companies ”.

9

(1) Section 9 (seconding of staff etc) is amended as follows.

(2) In subsection (1)—

(a) after “Minister” insert “ or a strategic highways company ”.

(b) after “his”, wherever occurring, insert “or the company's”.

(3) In subsection (2), after “Minister” insert “ or a strategic highways company ”.

10

(1) Section 10 (general provision as to trunk roads) is amended as follows.

(2) In subsection (2)(a)(i), after “Minister” insert “ or a strategic highways company ”.

(3) After subsection (3) insert—

(3A) The power to direct that a highway or proposed highway become a trunk road includes the power to direct that a strategic highways company is the highway authority for that trunk road.

(4) In subsection (8), after “Minister” insert “ or a strategic highways company ”.

11

(1) Section 11 (local and private Act functions with respect to trunk roads) is amended as follows.

(2) In subsection (1), after “Minister alone” insert “ or a strategic highways company alone, whichever is highway authority for the trunk road (“the trunk road authority”), ”.

(3) In subsection (2), in paragraphs (a), (b) and (c), for “Minister”, wherever occurring, substitute “ trunk road authority ”.

12

In section 14 (powers as respects roads that cross or join trunk or classified roads), in subsection (3)—

(a) in paragraph (a), after “trunk road” insert “ for which he is the highway authority ”;

(b) in paragraph (b), for “in relation to a classified road” substitute “ in any other case ”.

13

(1) Section 16 (general provision as to special roads) is amended as follows.

(2) For subsection (4) substitute—

(4) A reference in this Act to a special road authority is a reference to— (a) except where paragraph (b) or (c) applies, a highway authority authorised to provide a special road by means of— (i) a scheme under this section, or (ii) a scheme referred to in subsection (1); (b) except where paragraph (c) applies, the highway authority determined to be the special road authority by a jointly submitted scheme under subsection (10); (c) a strategic highways company, where the company is the highway authority for a special road by virtue of an appointment under Part 1 of the Infrastructure Act 2015.

(3) In subsection (6)(b)—

(a) for “the case” substitute “ any other case ”;

(b) omit “local”.

(4) In subsection (10)—

(a) omit “local”;

(b) omit from “, references in this Act” to the end.

14

In section 18 (supplementary orders relating to special roads), in subsection (3)(b)—

(a) for “the case” substitute “ any other case ”;

(b) omit “local”.

15

In section 19 (certain special roads and other highways to become trunk roads), in subsections (1) and (2), after “Minister”, wherever occurring, insert “ or a strategic highways company ”.

16

(1) Section 23 (compensation in respect of certain works executed in pursuance of orders under section 14 or 18) is amended as follows.

(2) After the first “Minister,” insert “ a strategic highways company, ”.

(3) After the second “Minister,” insert “ the strategic highways company, ”.

17

(1) Section 24 (construction of new highways and provision of road-ferries) is amended as follows.

(2) In subsection (1)—

(a) after “Minister” insert “ or a strategic highways company ”;

(b) omit “, with the approval of the Treasury,”;

(d) in paragraph (d), after “him” insert “ or it ”;

(e) in the words following paragraph (d), after “his” insert “ or its ”.

(3) After subsection (1) insert—

(1A) Where a strategic highways company proposes to construct a highway which will communicate with a highway for which another strategic highways company is the highway authority, the communication shall not be made unless the manner in which it is to be made has been approved by the Secretary of State.

(4) In subsection (2)—

(a) after the first “Minister” insert “ or a strategic highways company ”;

(b) after the second “Minister” insert “ or the company ”.

18

(1) Section 26 (compulsory powers for creation of footpaths, bridleways and restricted byways) is amended as follows.

(2) In subsection (1)—

(a) after “local authority” insert “ or a strategic highways company ”;

(b) after “the authority” insert “ or company ”;

(3) In subsection (3)—

(a) after the first “local authority” insert “ and a strategic highways company ”;

(b) omit “other”.

(4) In subsection (3A)(b), after “local authority” insert “ and a strategic highways company ”.

19

In section 38 (power of highway authorities to adopt by agreement), in subsection (1), after “Minister,” insert “ or a strategic highways company, whichever is the highway authority ”.

20

(1) Section 41 (duty to maintain highways maintainable at public expense) is amended as follows.

(2) In subsection (2), after “him” insert “ or a strategic highways company ”.

(3) In subsection (4)(b), after “Minister” insert “ or the strategic highways company ”.

(4) In subsection (5), after the second “Minister” insert “ or the strategic highways company ”.

21

(1) Section 55 (extinguishment of liability to maintain or improve bridges comprised in trunk roads and special roads) is amended as follows.

(2) In subsection (1), after “Minister” insert “ or a strategic highways company (“the trunk road authority”) ”.

(3) In subsection (2)—

(a) for the first “Minister” substitute “ trunk road authority ”;

(b) for the second “Minister” substitute “ authority ”.

(4) In subsection (3), for “Minister”, wherever occurring, substitute “ trunk road authority ”.

(5) In subsection (4)—

(a) for the first “Minister” substitute “ trunk road authority ”;

(b) after the second “Minister” insert “ , a strategic highways company or trunk road authority ”.

(6) In subsection (5), in the definition of “owners”, for “Minister” substitute “ trunk road authority ”.

22

In section 63 (relief of main carriageway of trunk road from local traffic), after “Minister” insert “ or a strategic highways company ”.

23

In section 66 (footways and guard-rails etc for publicly maintainable highways), in subsection (6)—

(a) after the first “Minister” insert “ or a strategic highways company ”;

(b) after the second “Minister” insert “ or the strategic highways company ”.

24

In section 69 (subways), in subsection (2)(a), after “Minister” insert “ or a strategic highways company ”.

25

(1) Section 80 (power to fence highways) is amended as follows.

(2) In subsection (1)(b), after “Minister” insert “ or a strategic highways company ”.

(3) In subsection (3), after “Part III)” insert “ and, in the case of a trunk road, consent has been given under section 175B (consent of highway authority required for trunk road access) ”.

(4) In subsection (4)—

(a) in paragraph (b)—

(i) after “Minister” insert “ or a strategic highways company ”;

(ii) after “him” insert “ or it ”;

(b) in the words following paragraph (b), after “Minister” insert “ or a strategic highways company ”.

26

(1) Section 90C (consultation and local inquiries) is amended as follows.

(2) In subsection (1)—

(a) after “Secretary of State” insert “ , a strategic highways company ”;

(b) after “he” insert “ , it ”.

(3) In subsection (2), after “Secretary of State” insert “ , a strategic highways company ”.

(4) In subsection (4)—

(a) after “Secretary of State” insert “ , a strategic highways company ”;

(b) after “him” insert “ , it ”;

27

(1) Section 93 (power to make orders as to reconstruction, improvement etc of privately maintainable bridges) is amended as follows.

(2) In subsections (1) and (2), omit “local”, wherever occurring.

(3) Omit subsection (5).

28

In section 95 (supplemental provisions as to orders and agreements under sections 93 and 94), in subsection (2), for the words from “section 94” to the end substitute “ sections 93 and 94 are exercisable by the highway authority for the trunk road over, or partly over, the bridge. ”

29

In section 97 (lighting of highways), in subsection (1), for “The Minister and every local” substitute “ A ”.

30

(1) Section 105A (environmental impact assessments) is amended as follows.

(2) In subsection (2)—

(a) after “Secretary of State” insert “ or a strategic highways company ”;

(b) after the first “he” insert “ or it ”;

(3) In subsection (3)—

(a) after “Secretary of State” insert “ or the strategic highways company ”;

(b) after “he” insert “ or the company ”.

(4) In subsection (4), after “Secretary of State” insert “ or the strategic highways company ”.

(5) In subsection (5)(d)—

(a) after “Secretary of State” insert “ or the strategic highways company ”;

(b) after “his” insert “ or its ”.

31

(1) Section 105B (procedure) is amended as follows.

(2) In subsection (1)—

(a) after “Secretary of State” insert “ or a strategic highways company ”;

(b) after “him” insert “ or it (as the case may be) ”.

(3) In subsection (3), after “Secretary of State” insert “ or the strategic highways company (as the case may be) ”.

(4) In subsection (3A)—

(a) in paragraphs (a) and (h), after “Secretary of State” insert “ or the strategic highways company ”;

(b) in paragraph (i), after “Secretary of State” insert “ or the strategic highways company (as the case may be) ”;

(5) In subsections (3B) and (3C), after “Secretary of State” insert “ or the strategic highways company ”.

(6) In subsection (4)—

(a) after “Secretary of State” insert “ or the strategic highways company ”;

(b) after “he” insert “ or it ”.

(7) In subsection (5)—

(a) after the first “Secretary of State” insert “ or the strategic highways company ”;

(b) in paragraphs (b) and (c)—

(i) after “Secretary of State” insert “ or the strategic highways company (as the case may be) ”;

(ii) after “him” insert “ or it ”.

(8) In subsection (5A)—

(a) after “Secretary of State”, wherever occurring, insert “ or the strategic highways company ”;

(b) after “him”, wherever occurring, insert “ or it ”.

(9) In subsection (6)—

(a) after “Secretary of State” insert “ or the strategic highways company (as the case may be) ”;

(b) after “he”, wherever occurring, insert “ or it ”;

(10) In subsection (7), after “Secretary of State”, wherever occurring, insert “ or the strategic highways company ”.

(11) In subsection (8)(e), after “Secretary of State” insert “ , the strategic highways company ”.

32

(1) Section 105C (other EEA States) is amended as follows.

(2) In subsection (1)—

(a) in paragraph (a), after “Secretary of State” insert “ or a strategic highways company ”;

(b) in paragraph (b), after “Secretary of State” insert “ or the strategic highways company, whichever is considering the project, ”.

(3) In subsection (2)—

(a) after “Secretary of State” insert “ or the strategic highways company ”;

(b) in paragraph (a), after “him” insert “ or the company ”;

(4) In subsection (4)—

(a) after “Secretary of State” insert “ or the strategic highways company ”;

(b) in paragraphs (a) and (c), after “he” insert “ or the company ”.

(5) In subsection (5)—

(a) after “Secretary of State” insert “ or the strategic highways company ”;

(b) after “he”, wherever occurring, insert “ or the company ”;

(6) In subsections (6) and (7), after “Secretary of State” insert “ or the strategic highways company ”.

33

In section 105D (validity of decisions), in subsection (1), after “Secretary of State” insert “ or a strategic highways company ”.

34

(1) Section 106 (orders and schemes providing for construction of bridges over or tunnels under navigable waters) is amended as follows.

(2) In subsection (3)—

(a) after “local highway authority” insert “ or a strategic highways company ”;

(b) after “the authority” insert “ or company ”.

(3) In subsection (6), omit “local”.

35

In section 108 (power to divert navigable watercourses), in subsection (2)(b), for “a local” substitute “ any other ”.

36

In section 110 (power to divert non-navigable watercourses and to carry out other works on any watercourse), in subsection (6)(b), for “, they shall not carry them” substitute “ or a strategic highways company, they must not be carried ”.

37

(1) Section 112 (provision of picnic sites and public conveniences for users of trunk roads) is amended as follows.

(2) In subsection (1), after “Minister” insert “ or a strategic highways company ”.

(3) In subsection (2)—

(a) after “Minister” insert “ or a strategic highways company ”;

(b) after “him” insert “ or the company ”.

(4) In subsections (3) to (5), after “Minister”, wherever occurring, insert “ or a strategic highways company ”.

(5) In subsection (6)—

(a) after “Minister” insert “ or the strategic highways company, whichever is highway authority for the trunk road, ”;

(b) after “him” insert “ or it ”.

(6) In subsection (7), after “Minister” insert “ or a strategic highways company ”.

38

(1) Section 113 (exercise by council of functions of Minister with respect to management or provision of picnic sites etc) is amended as follows.

(2) In subsection (1)—

(a) after “Minister” insert “ or a strategic highways company ”;

(b) after “his” insert “ or its ”;

(3) In subsection (2), omit “by Minister”.

(4) In subsection (3)—

(a) after “Minister” insert “ or a strategic highways company ”;

(b) in paragraph (b), after “he” insert “ or it ”;

(5) In subsections (5) and (7), after “Minister” insert “ or a strategic highways company ”.

(6) In the heading, after “Minister” insert “ or a strategic highways company ”.

39

(1) Section 124 (stopping up of private access to highways) is amended as follows.

(2) In subsection (2), after “if they are” insert “ a strategic highways company or ”.

(3) In subsection (3)—

(a) for “a local” substitute “ any other ”;

(b) in paragraph (b), for “local” substitute “ other ”.

(4) In subsection (4)(d) and (e), omit “local”, wherever occurring.

(5) In subsection (5)—

(a) after “order made by” insert “ a strategic highways company or ”;

(b) omit the second “local”.

(6) In subsections (6) and (7), omit “local”.

40

In section 129 (further provision with respect to new means of access), in subsection (3), for “a local” substitute “ any other ”.

41

In section 154 (cutting or felling etc trees etc that overhang or are a danger to roads or paths), in subsection (1)(a)—

(a) after the first “Minister” insert “ or a strategic highways company ”;

(b) for the second “Minister” substitute “ highway authority ”.

42

In section 174 (precautions to be taken by persons executing works in streets), in subsections (1A) and (1B), omit “local”.

43

Before section 176 insert—

(175B) (1) Access to or from a trunk road in England must not be constructed, formed or laid out without the consent of the highway authority for the trunk road. (2) Subsection (1) does not apply where— (a) section 24(2) applies, or (b) development consent is required under the Planning Act 2008.

44

In section 232 (power to treat as a private street land designated for purposes of this section by development plan), in subsection (7), after “constructed by” insert “ a strategic highways company or ”.

45

(1) Section 239 (acquisition of land for construction, improvement etc of highway: general powers) is amended as follows.

(2) In subsection (1), after “Minister” insert “ or a strategic highways company ”.

(3) In subsection (2)—

(a) after “Minister” insert “ or a strategic highways company ”;

(b) after “his” insert “ or its ”.

46

In section 240 (acquisition of land in connection with construction, improvement etc of highway: further general powers), in subsection (3)—

(a) after “Minister” insert “ or a strategic highways company ”;

(b) in paragraph (b), after “his” insert “ or its ”.

47

(1) Section 245A (acquisition of land by Secretary of State or Assembly for buildings etc needed for traffic management purposes) is amended as follows.

(2) After subsection (1) insert—

(1A) A strategic highways company may acquire land in England which in its opinion is required for the provision of any buildings or facilities which are needed— (a) for use by, or in connection with the activities of, traffic officers in the area for which it is appointed in accordance with Part 1 of the Infrastructure Act 2015; or (b) for other purposes connected with the management of traffic on highways in that area and for which it is the highway authority.

(3) In the heading, after “Secretary of State” insert “ , strategic highways company ”.

48

In section 247 (general provision as to acquisition procedure etc), in subsection (1), after “this Act on” insert “ a strategic highways company or ”.

49

(1) Section 254 (compulsory acquisition for certain purposes of rights in land belonging to local authorities etc) is amended as follows.

(2) In subsection (1)(b), after “Minister”, wherever occurring, insert “ or a strategic highways company ”.

(3) In subsection (2), after “Minister”, wherever occurring, insert “ or a strategic highways company ”.

(4) In subsection (5)(b), after “Minister” insert “ or a strategic highways company ”.

50

(1) Section 260 (clearance of title to land acquired for statutory purposes) is amended as follows.

(2) In subsection (3)(b), after “Minister” insert “ or a strategic highways company ”.

(3) In subsection (4), after “Minister” insert “ , strategic highways company ”.

51

In section 263 (vesting of highways maintainable at public expense), in subsection (3), omit “local”.

52

(1) Section 265 (transfer of property and liabilities upon a highway becoming or ceasing to be a trunk road) is amended as follows.

(2) In subsection (1)—

(a) after the first “Minister” insert “ or the strategic highways company, whichever is highway authority for the trunk road, ”;

(b) after the second “Minister” insert “ or the company ”.

(3) In subsection (2), after “Minister” insert “ or a strategic highways company ”.

(4) In subsection (4)—

(a) after “Minister” insert “ or a strategic highways company ”;

(b) after “him” insert “ or the company ”.

(5) In subsection (5)—

(a) after “Minister”, wherever occurring, insert “ or the strategic highways company ”;

(b) in paragraph (a), after “him” insert “ or the company ”.

(6) In subsections (6) and (7), after “Minister”, wherever occurring, insert “ or a strategic highways company ”.

(7) In subsection (8)—

(a) after “Minister” insert “ or the strategic highways company ”;

(b) after “him” insert “ or it ”;

53

(1) Section 266 (transfer to Minister of privately maintainable bridges carrying trunk roads) is amended as follows.

(2) In subsection (1), after “Minister” insert “ or a strategic highways company, whichever is highway authority for the trunk road (“the trunk road authority”), ”.

(3) In subsection (2), for “Minister” substitute “ trunk road authority ”.

(4) In subsection (3)—

(a) for the first “Minister” substitute “ trunk road authority ”;

(b) for “Minister”, wherever else occurring, substitute “ authority ”.

(5) In subsection (4), for “Minister” substitute “ trunk road authority ”.

(6) In subsections (5) and (6)—

(a) for the first “Minister” substitute “ trunk road authority ”;

(b) for “Minister”, wherever else occurring, substitute “ authority ”.

(7) In subsections (7), (8) and (10), for “Minister”, wherever occurring, substitute “ trunk road authority ”.

(8) In the heading, after “Minister” insert “ or a strategic highways company ”.

54

In section 266A (transfer of property and liabilities upon a highway becoming or ceasing to be a GLA road), in subsection (8)(b), after “Minister” insert “ or a strategic highways company ”.

55

(1) Section 267 (transfer to local highway authorities of privately maintainable bridges carrying special roads) is amended as follows.

(2) In subsection (1), after “Minister” insert “ or a strategic highways company, ”.

(3) In subsections (2) and (3), for “Minister” substitute “ trunk road authority ”.

56

(1) Section 271 (provisions with respect to transfer of toll highways to highway authorities) is amended as follows.

(2) In subsection (1)(i), after “trunk road” insert “ for which he is the highway authority ”.

(3) After subsection (1)(i) insert—

(ia) in the case of a trunk road for which it is the highway authority, a strategic highways company;

57

(1) Section 277 (contribution towards maintenance of bridge where road ceases to be a trunk road) is amended as follows.

(2) After the first “Minister” insert “ or a strategic highways company ”.

(3) After the second “Minister” insert “ or the company ”.

58

(1) Section 284 (powers of Minister in relation to privately maintainable parts of trunk roads) is amended as follows.

(2) After “Minister” insert “ or a strategic highways company, whichever is highway authority for the trunk road, ”.

(3) In the heading, after “Minister” insert “ or strategic highways company ”.

59

(1) Section 284A (trunk roads: miscellaneous functions of Secretary of State) is amended as follows.

(2) For the words from “any trunk road” to the end substitute “ a trunk road for which the Secretary of State is highway authority, include the Secretary of State and, in relation to a trunk road for which a strategic highways company is the highway authority, include that company. ”

(3) In the heading, after “Secretary of State” insert “ and strategic highways company ”.

60

(1) Section 329 (further provision as to interpretation) is amended as follows.

(2) In subsection (1)—

(a) in the definition of “local highway authority” after “Minister” insert “ or a strategic highways company ”;

(b) at the appropriate place insert—

“strategic highways company” means a company for the time being appointed under Part 1 of the Infrastructure Act 2015;

(3) After subsection (5) insert—

(6) Subsection (5) is subject to the specification of those roads as ones for which a strategic highways company is highway authority under Part 1 of the Infrastructure Act 2015.

61

In section 330 (construction of certain enactments relating to execution of works by statutory undertakers), in subsection (1), after “Minister” insert “ or a strategic highways company, whichever is highway authority for the trunk road, ”.

62

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