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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

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

In section 331 (references to functions of council as respects any highway), after “Minister” insert “ or a strategic highways company ”.

63

(1) Schedule 1 (procedures for making or confirming certain orders and schemes) is amended as follows.

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

(3) In paragraph 2—

(a) after “order relating to” insert “ a trunk road for which a strategic highways company is the highway authority or to ”;

(b) omit “local”.

(4) In paragraph 3—

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

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

(5) In paragraphs 4 and 5, after “Minister” insert “ , the strategic highways company ”.

(6) In paragraph 6, after “Minister” insert “ , a strategic highways company ”.

(7) In paragraphs 7(1)(ii), 8(1)(b), 9 and 10 omit “local”.

(8) In paragraph 11, for “local” substitute “ other ”.

(9) In paragraph 12, for the first “local” substitute “ other ”.

(10) In paragraph 13, for “a local” substitute “ another ”.

(11) In paragraphs 14(1)(ii), 15(1)(b) and 16 omit “local”.

(12) In paragraph 17, for “local” substitute “ other ”.

64

In Schedule 3 (provisions of this Act referred to in section 11), in the headings to Parts 1, 2 and 3, after “Minister”, wherever occurring, insert “ or a strategic highways company ”.

65

(1) Schedule 5 (modifications of certain provisions of the Town and Country Planning Act 1990 as applied by section 21) is amended as follows.

(2) In Part 1 (modifications in relation to land referred to in paragraph (a) or (b) of section 21(2)), in paragraph 3, after “when” insert “ a strategic highways company or ”.

(3) In Part 2 (modifications in relation to land referred to in paragraph (c) of section 21(2))—

(a) in paragraph 1, after “Minister,” insert “ the strategic highways company, ”;

(b) in paragraph 3, after “references to” insert “ a strategic highways company or ”;

(c) in paragraph 4, in the substituted text of subsection (1) of section 273 of the Town and Country Planning Act 1990, after “ Minister, ” insert “ the strategic highways company, ”;

(d) in paragraph 5, after “Minister,” insert “ the strategic highways company, ”.

66

(1) Schedule 11 (provisions as to orders under section 93 of this Act) is amended as follows.

(2) In paragraph 9(3), omit “local”.

(3) In paragraph 15(1), omit “other than a trunk road bridge”.

(4) Omit paragraph 17.

67

(1) Schedule 21 (transitional matters arising where a highway becomes a trunk road or a trunk road ceases to be a trunk road) is amended as follows.

(2) In paragraph 1—

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

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

(3) In paragraph 3—

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

(b) after “Minister”, wherever else occurring, insert “ or the company ”.

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

(5) In paragraphs 6 to 9—

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

(b) after “Minister”, wherever else occurring, insert “ or the company ”.

PART 2 — Other enactments

Public Records Act 1958 (c. 51)

68

In Schedule 1 to the Public Records Act 1958, in the table at the end of paragraph 3, at the appropriate place in Part 2 insert “ A strategic highways company for the time being appointed under Part 1 of the Infrastructure Act 2015. ”

Parliamentary Commissioner Act 1967 (c. 13)

69

In Schedule 2 to the Parliamentary Commissioner Act 1967, at the appropriate place insert “ A strategic highways company for the time being appointed under Part 1 of the Infrastructure Act 2015. ”

Road Traffic Regulation Act 1984 (c. 27)

70

The Road Traffic Regulation Act 1984 is amended as follows.

71

(1) Section 1 (traffic regulation orders outside Greater London) is amended as follows.

(2) In subsection (3)—

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

(b) after “he is” insert “ , it is ”.

(3) In subsection (3A)—

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

(b) in paragraph (b), after “Secretary of State,” insert “ the strategic highways company ”.

72

In section 2 (what a traffic regulation order may provide), in subsection (5), after “local authority” insert “ , a strategic highways company ”.

73

In section 6 (orders similar to traffic regulation orders), in subsection (2)—

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

(b) after “his” insert “ or its ”.

74

(1) Section 9 (experimental traffic orders) is amended as follows.

(2) In subsection (2)—

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

(b) after “he” insert “ or it ”.

(3) In subsection (2A)—

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

(b) after “his” insert “ or its ”.

75

In section 16A (prohibition or restriction on roads in connection with certain events), in subsection (6)—

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

(b) after “his” insert “ or its ”.

76

(1) Section 16B (restrictions on orders under s16A) 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 “he” insert “ or it ”.

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

(4) In subsections (4) and (5), for “is not himself the traffic authority, he” substitute “ or a strategic highways company (whichever made the order or agreed that it should continue in force) is not the traffic authority, he or it ”.

(5) In subsection (6)—

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

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

77

In section 19 (regulation of use of highways by public service vehicles), in subsection (1), after “Greater London” insert “ or a strategic highways company ”.

78

(1) Section 23 (powers of local authorities with respect to pedestrian crossings on roads other than trunk roads) is amended as follows.

(2) In subsections (1) to (3), before “local traffic authority” insert “ strategic highways company or a ”.

(3) For the heading substitute “ Powers of strategic highways companies and local traffic authorities with respect to pedestrian crossings ”.

79

In section 24 (pedestrian crossings on trunk roads), in the heading, for “trunk” substitute “ other ”.

80

In section 37 (extension of powers for purposes of general scheme of traffic control), in subsection (3), after “Secretary of State” insert “ or a strategic highways company ”.

81

In section 58 (consents for the purposes of s 57(1)), in paragraph (i) of the table in subsection (1)—

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

(b) in the second column, after “Secretary of State” insert “ or the strategic highways company, whichever is the traffic authority for the road ”.

82

(1) Section 65 (powers and duties of highway authorities as to placing of traffic signs) is amended as follows.

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

(3) In the heading, for “highway” substitute “ traffic ”.

83

In section 69 (general provisions as to removal of signs), in subsection (3)—

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

(b) for “the authority” substitute “ it or them ”.

84

(1) Section 70 (default powers of Secretary of State as to traffic signs) is amended as follows.

(2) In subsection (1)—

(a) after “If” insert “ a strategic highways company, ”;

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

(3) After subsection (2) insert—

(3) In England, where subsection (1) applies in respect of non-compliance with a direction by a traffic authority other than a strategic highways company— (a) a strategic highways company may carry out the work required by the direction with the consent of the Secretary of State, and (b) the expenses incurred by the company in doing so are recoverable by the company from the authority summarily as a civil debt.

85

In section 71 (power to enter land in connection with traffic signs), in subsection (1), after “A” insert “ strategic highways company, a ”.

86

(1) Section 74B (transfer of traffic control systems between Secretary of State and Transport for London) is amended as follows.

(2) In subsections (1) and (2)—

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

(b) after the second “Secretary of State” insert “ or the company ”.

(3) In subsection (5), after “Secretary of State” insert “ or the strategic highways company ”.

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

87

In section 83 (provisions as to directions under s 82(2)), in subsection (2)—

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

(b) after the third “by” insert “ the company or ”.

88

In section 84 (speed limits on roads other than restricted roads), in subsection (1B), after “orders of” insert “ strategic highways companies or ”.

89

(1) Section 85 (traffic signs for indicating speed restrictions) is amended as follows.

(2) In subsections (2) and (3), omit “local”, wherever occurring.

(3) After subsection (3) insert—

(3A) In England, where subsection (3) applies in respect of non-compliance with a direction by a traffic authority other than a strategic highways company— (a) a strategic highways company may execute the work required by the direction with the consent of the Secretary of State, and (b) the expense incurred by the company in doing so is recoverable by the company from the authority summarily as a civil debt.

90

(1) Section 93 (powers of Secretary of State in relation to functions under s 92) is amended as follows.

(2) In subsection (2), for “a local” substitute “ another ”.

(3) In subsection (3), omit “local”.

91

(1) Section 94 (bollards and other constructions in Greater London) is amended as follows.

(2) In subsection (1)—

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

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

(3) In subsection (2), after “Secretary of State” insert “ nor a strategic highways company ”.

(4) In subsection (4)—

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

(b) after the second “Secretary of State” insert “ , the company ”;

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

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

(iii) for “he might under subsection (1)(a) above require” substitute “ might under subsection (1)(a) be required ”.

(5) In subsection (5)—

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

(b) after the second “Secretary of State” insert “ , the company ”.

92

In section 100 (interim disposal of vehicles removed under section 99), in subsection (3A), after “Secretary of State” insert “ or a strategic highways company ”.

93

In section 101 (ultimate disposal of vehicles abandoned and removable under this Act), in paragraph (d) of the definition of “competent authority” in subsection (8), after “Secretary of State” insert “ or a strategic highways company ”.

94

(1) Section 102 (charges for removal, storage and disposal of vehicles) is amended as follows.

(2) In subsection (2ZA)—

(a) in the substituted paragraph (b)—

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

(ii) after “his” insert “ or its ”;

(b) in the substituted paragraph (c)—

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

(ii) after “him” insert “ or it ”.

(3) In subsection (4A)—

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

(b) after the second “Secretary of State” insert “ or the company ”.

(4) In subsection (8), in paragraph (c) of the definition of “appropriate authority”, after “Secretary of State” insert “ or a strategic highways company ”.

95

(1) Section 121A (traffic authorities) is amended as follows.

(2) After subsection (1AA) insert—

(1AB) A strategic highways company is the traffic authority for every highway for which it is the highway authority within the meaning of the Highways Act 1980.

(3) In subsections (2), (3) and (5)(a), after “Secretary of State” insert “ or a strategic highways company ”.

96

(1) Section 122 (exercise of functions by local authorities) is amended as follows.

(2) In subsection (1), after “every” insert “ strategic highways company and ”.

(3) In subsection (2)(d), after “appearing to” insert “ the strategic highways company or ”.

(4) In the heading, after “functions by” insert “ strategic highways companies or ”.

97

In section 124A (GLA side roads), in subsection (4), after “Secretary of State” insert “ or a strategic highways company ”.

98

In section 124B (orders of the Authority changing what are GLA side roads), in subsection (2)(a), after “Secretary of State” insert “ or a strategic highways company ”.

99

In section 142 (general interpretation of Act), in subsection (1), at the appropriate place insert—

“strategic highways company” means a company appointed under section 1 of the Infrastructure Act 2015;

100

(1) Schedule 9 (special provision as to certain orders) is amended as follows.

(2) In paragraph 1, after “consultation with” insert “ a strategic highways company or ”.

(3) In paragraph 7, omit sub-paragraph (3).

(4) In paragraph 13—

(a) after sub-paragraph (1)(b) insert—

(ba) applying to a road for which a strategic highways company is the traffic authority, or

;

(b) in sub-paragraph (1), for “or sub-paragraph (3)” substitute “ , (3) or (4) ”;

(4) This sub-paragraph applies where it is proposed to include in the order provision mentioned in sub-paragraph (1)(ba), in which case the order must not be made without the consent of the strategic highways company.

(5) In paragraph 14—

(a) the existing provision becomes sub-paragraph (1);

(b) in sub-paragraph (1), after “except” insert “ in a case to which sub-paragraph (2) applies or ”;

(2) This sub-paragraph applies where it is proposed to include in the order provision mentioned in paragraph 13(1)(ba), in which case the order must not be made without the consent of the strategic highways company.

(6) After paragraph 14 insert—

(14A) (1) This paragraph applies where a strategic highways company proposes, other than further to a direction under paragraph 2, to include provision mentioned in paragraph 13(1)(b) or (c) to (f) in an order made by it under sections 1, 6, 9, 83(2) or 84. (2) Where this paragraph applies, the order must not be made without the consent of the Secretary of State.

(7) In paragraph 15(1)—

(a) for “and 14” substitute “ to 14A ”;

(b) for “local” substitute “ traffic ”.

(8) In paragraph 16(2), for “local” substitute “ traffic ”.

(9) In paragraph 20(1)—

(a) after “and 84,” insert “ a strategic highways company, ”;

(b) after the second “of this Act,” insert “ the company, ”.

(10) In paragraph 21, after “orders of” insert “ a strategic highways company or ”.

Transport Act 1985 (c. 67)

101

In section 112G of the Transport Act 1985 (representations following an investigation by the Passengers' Council), in subsection (1), for paragraph (d) substitute—

(d) a strategic highways company for the time being appointed under Part 1 of the Infrastructure Act 2015;

Dartford-Thurrock Crossing Act 1988 (c. 20)

102

In the Dartford-Thurrock Crossing Act 1988, after section 46 (interpretation) insert—

(46A) (1) This section applies in any period in which, by virtue of an appointment under section 1 of the Infrastructure Act 2015, a strategic highways company is the highway authority for the highways comprised in the tunnel crossing or the bridge. (2) The reference to the Secretary of State in section 12(4) (crossing operator) is to be read as a reference to the strategic highways company. (3) References to the Secretary of State in the following provisions are to be read as references to the strategic highways company— (a) section 24(1)(a) and (b) (special traffic restrictions); (b) section 27(1) and (2) (bicycles); (c) section 37 (powers in relation to River Thames); (d) section 38 (restriction on works on crossing); (e) Schedule 7 (protective provisions), except— (i) paragraph 2 of Part 1, and (ii) paragraph 2 of Part 3.

Road Traffic Act 1988 (c. 52)

103

In section 44 (authorisation of use on roads of special vehicles not complying with regulations under section 41) of the Road Traffic Act 1988, after subsection (3) insert—

(4) The function of the Secretary of State under subsection (1) in the case of orders applying only to— (a) specified vehicles, or (b) vehicles of specified persons, may be delegated to a strategic highways company. (5) A delegation under subsection (4) may specify— (a) the extent to which the function is delegated; (b) any conditions to which the delegation is subject.

Town and Country Planning Act 1990 (c. 8)

104

(1) Section 247 of the Town and Country Planning Act 1990 (highways affected by development: orders by Secretary of State) is amended as follows.

(2) In subsection (3)—

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

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

(3) In subsection (3A)—

(a) after paragraph (a) insert—

(aa) a strategic highways company,

;

(b) after the second “Secretary of State,” insert “ the strategic highways company, ”.

105

In section 248 (highways crossing or entering route of proposed new highway etc), in subsection (1)(a), after “Secretary of State” insert “ or a strategic highways company ”.

106

In section 254 (compulsory acquisition of land in connection with highways), in subsection (1), after “local highway authority” insert “ or a strategic highways company ”.

107

In section 256 (electronic communications apparatus: orders by Secretary of State), in subsection (3) omit “local”.

108

In section 336 (interpretation), in subsection (1)—

(a) in the definition of “local highway authority”, after “Secretary of State” 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;

109

(1) Schedule 13 (blighted land) is amended as follows.

(2) In paragraph 16, for “if he” substitute “ or a strategic highways company if he or it ”.

(3) In paragraph 18—

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

(b) after “him” insert “ or it ”;

Environmental Protection Act 1990 (c. 43)

110

The Environmental Protection Act 1990 is amended as follows.

111

(1) Section 89 (duty to keep land and highways clear of litter etc) is amended as follows.

(2) In subsection (1)—

(a) in paragraph (b), after “special road” insert “ (other than one to which paragraph (ba)(i) applies) ”;

(b) after paragraph (b) insert—

(ba) a strategic highways company as respects— (i) any trunk road which is a special road for which it is the highway authority, and (ii) any relevant highway for which it is responsible,

(3) In subsection (2)—

(a) in paragraph (b), after “special road” insert “ (other than one to which paragraph (c)(i) applies) ”;

(b) after paragraph (b) insert—

(c) a strategic highways company as respects— (i) any trunk road which is a special road for which it is the highway authority, and (ii) any relevant highway for which it is responsible,

112

(1) Section 98 (definitions) is amended as follows.

(2) In subsection (5), after “public expense”),” insert “ “highway authority”, ”.

(3) After subsection (5A) insert—

(5B) Strategic highways company” means a company for the time being appointed under Part 1 of the Infrastructure Act 2015.

New Roads and Street Works Act 1991 (c. 22)

113

The New Roads and Street Works Act 1991 is amended as follows.

114

In section 6 (toll orders), in subsection (2)—

(a) after the second “provided by” insert “ a strategic highways company or ”;

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

115

(1) Section 12 (extension toll orders) is amended as follows.

(2) In subsection (2)—

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

(b) after the second “made by” insert “ that company or ”.

(3) In subsection (5), after the third “made by” insert “ a strategic highways company or ”.

116

(1) Section 26 (interpretation) is amended as follows.

(2) After subsection (1) insert—

(1A) In this Part, “strategic highways company” means a company for the time being appointed under Part 1 of the Infrastructure Act 2015.

(3) In subsection (3)—

(a) in the first column of the table, at the appropriate place insert “ strategic highways company ”;

(b) in the second column opposite that entry insert “ section 26(1) ”.

117

In section 49 (the street authority and other relevant authorities), in subsection (2)—

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

(b) after “his” insert “ or its ”.

118

In section 63 (streets with special engineering difficulties), in subsection (3), after “Where” insert “ a strategic highways company or ”.

119

In section 74 (charge for occupation of the highway where works unreasonably prolonged), in subsection (7A)(a), after “application by” insert “ strategic highways companies or ”.

120

(1) Section 74A (charge determined by reference to duration of works) is amended as follows.

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

(3) In subsection (10)(a), after “application by” insert “ strategic highways companies or ”.

121

In section 86 (highway authorities, highways and related matters), after subsection (1) insert—

(1A) In this Part, “strategic highways company” means a company for the time being appointed under Part 1 of the Infrastructure Act 2015.

122

In section 106 (index of defined expressions)—

(a) in the first column of the table, at the appropriate place insert “ strategic highways company ”;

(b) in the second column opposite that entry insert “ section 86(1A) ”.

123

(1) Schedule 2 (procedure in connection with toll orders) is amended as follows.

(2) In paragraph 1—

(a) in sub-paragraph (2)—

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

(ii) after “local highway authority,” insert “ the company or ”.

(b) in sub-paragraph (3), after “Secretary of State” insert “ , the strategic highways company ”.

(3) In paragraph 2(1), 3 and 4(1) after “Secretary of State” insert “ , the strategic highways company ”.

124

In Schedule 3 (street works licences), in paragraph 9—

(a) in sub-paragraph (1)—

(i) after “is made to” insert “ a strategic highways company or ”;

(ii) in paragraph (a), after “refusal of” insert “ the company or ”;

(b) in sub-paragraph (3)—

(i) after “decision of” insert “ the strategic highways company or ”;

(ii) after “duty of” insert “ that company or ”.

Transport Act 2000 (c. 38)

125

The Transport Act 2000 is amended as follows.

126

In section 167 (trunk road charging schemes), in subsection (1)(a), after “he” insert “ or a strategic highways company ”.

127

In section 176 (equipment etc), after subsection (1) insert—

(1A) In relation to a charging scheme under section 167 (trunk road charging schemes), a strategic highways company may— (a) install and maintain, or authorise the installation and maintenance of, any equipment, or (b) construct and maintain, or authorise the construction and maintenance of, any buildings or other structures, used or to be used for or in connection with the operation of a charging scheme under that section.

128

(1) Section 177 (traffic signs) is amended as follows.

(2) After subsection (3) insert—

(3A) The Secretary of State may direct a strategic highways company to place and maintain traffic signs, or cause traffic signs to be placed and maintained, in connection with a trunk road charging scheme.

(3) In subsection (4), after “an authority” insert “ or a strategic highways company ”.

Traffic Management Act 2004 (c. 18)

129

The Traffic Management Act 2004 is amended as follows.

130

(1) Section 1 (traffic officers: introduction) is amended as follows.

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

(3) In subsection (5), after “Secretary of State” insert “ or a strategic highways company ”.

131

(1) Section 11 (uniform) is amended as follows.

(2) The existing provision becomes subsection (1) of section 11.

(3) After subsection (1) insert—

(2) The Secretary of State may delegate his or her function under subsection (1) to a strategic highways company. (3) A delegation under subsection (2) may specify— (a) the extent to which the function is delegated; (b) any conditions to which the delegation is subject.

132

In section 12 (power to charge for traffic officer services provided on request), after “national authority” insert “ or, as respects England, a strategic highways company ”.

133

In section 15 (interpretation of Part 1), at the appropriate place insert—

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

134

In the heading to Part 2, after “local traffic authorities” insert “ and strategic highways companies ”.

135

(1) Section 16 (the network management duty) is amended as follows.

(2) In subsection (1), after “local highway authority” insert “ or a strategic highways company (“the network management authority”) ”.

(3) In subsection (3), for “local traffic” substitute “ network management ”.

136

In section 17 (arrangements for network management), in subsection (1), for “local traffic” substitute “ network management ”.

137

In section 18 (guidance to local authorities), in subsections (1) and (2), and in the heading, for “local traffic” substitute “ network management ”.

138

In section 19 (power to require information relating to network management), in subsections (1), (2) and (3), for “local traffic”, wherever occurring, substitute “ network management ”.

139

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