Legalize / United Kingdom / Public General Act

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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(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

In section 20 (intervention notices), in subsections (1), (2)(b) and (3), for “local traffic” substitute “ network management ”.

140

In section 21 (intervention orders), in subsections (1), (4), (5), (6), (8) and (9), for “local traffic”, wherever occurring, substitute “ network management ”.

141

In section 22 (appointment of traffic director: supplementary), in subsections (1) and (3), for “local traffic”, wherever occurring, substitute “ network management ”.

142

In section 23 (monitoring and reporting), in subsections (1), (2)(b) and (3), for “local traffic” substitute “ network management ”.

143

In section 24 (intervention in activities of local traffic authority), in subsection (2), and in the heading, for “local traffic” substitute “ network management ”.

144

(1) Section 25 (exercise of local traffic authority functions) is amended as follows.

(2) In subsection (2), after “from the” insert “ network management ”.

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

145

In section 26 (application of sections 20 to 25 to local traffic authorities exercising functions jointly), in subsection (1), and in the heading, for “local traffic” substitute “ network management ”.

146

In section 30 (recovery of costs from local traffic authorities), in subsections (1) and (2), and in the heading, for “local traffic” substitute “ network management ”.

147

(1) Section 31 (interpretation of Part 2) is amended as follows.

(2) In the definition of “local traffic authority”, after “Secretary of State” insert “ , a strategic highways company ”.

(3) In the definition of “road network”—

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

(b) after “for which” insert “ the company or ”.

(4) Before the definition of “network management duty” insert—

“network management authority” has the meaning given in section 16(1);

148

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

149

(1) Section 60 (strategic roads in London: initial designation by Secretary of State) is amended as follows.

(2) In subsection (1), after the second “Secretary of State” insert “ , a strategic highways company ”.

(3) After subsection (4)(a) insert—

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

150

In section 61 (orders of the Greater London Authority changing what are strategic roads), in subsection (1), after “Secretary of State” insert “ , a strategic highways company ”.

151

(1) Section 65 (duty of local highway authority to keep records of objects in highway) is amended as follows.

(2) In subsection (1)—

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

(b) after “placed by” insert “ that company or ”.

(3) In subsection (4)—

(a) in paragraph (a) of the definition of “appropriate national authority”, after “in relation to” insert “ strategic highways companies or ”;

(b) after that definition insert—

“local highway authority” has the same meaning as in the 1980 Act;

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

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

Civil Contingencies Act 2004 (c. 36)

152

In Part 3 of Schedule 1 to the Civil Contingencies Act 2004 (category 2 responders: transport), in paragraph 28—

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

(b) after sub-paragraph (1) insert—

(2) A strategic highways company for the time being appointed under Part 1 of the Infrastructure Act 2015.

Planning Act 2008 (c. 29)

153

(1) Section 22 of the Planning Act 2008 (highways) is amended as follows.

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

(3) In subsection (9), at the appropriate place insert—

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

SCHEDULE 2

PART 1 — Setting a Road Investment Strategy

Introductory

1

(1) This Part specifies the procedure by which a Road Investment Strategy is set.

(2) It does not apply to the first Road Investment Strategy under section 3 where it is published and laid before Parliament by the Secretary of State within a year of that section coming into force.

Step 1: the Secretary of State’s proposals

2

(1) The Secretary of State must provide a strategic highways company with proposals for a Road Investment Strategy.

(2) The proposals must include details of—

(a) the objectives to be achieved by the company,

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

(3) The Secretary of State must—

(a) specify a date before which the company is to respond, and

(b) provide the company with—

(i) a statement of his or her general strategy in respect of highways for which the company is the highway authority, and

(ii) such other information in support of the proposals as the Secretary of State considers appropriate.

Step 2: the strategic highways company’s response

3

(1) Having been provided with proposals under paragraph 2, the strategic highways company must respond to the Secretary of State—

(a) agreeing to the proposals, or

(b) making counter-proposals.

(2) The company must respond before the date specified by the Secretary of State in accordance with paragraph 2(3)(a).

Step 3: where the strategic highways company has agreed to the proposals

4

(1) Where the strategic highways company has agreed to proposals under paragraph 2, the Secretary of State may publish those proposals as the Road Investment Strategy.

(2) The Secretary of State may only publish proposals under sub-paragraph (1) if satisfied that appropriate consultation has taken place.

(3) Publication under sub-paragraph (1) may be in such manner as the Secretary of State considers appropriate.

Step 4: where the strategic highways company has made counter-proposals or failed to respond

5

(1) Where the strategic highways company has made counter-proposals to the Secretary of State's proposals under paragraph 3, or has failed to respond before the date specified, the Secretary of State may—

(a) provide the company with revised proposals under paragraph 2, or

(b) publish as the Road Investment Strategy—

(i) the Secretary of State's proposals, or

(ii) the company's counter-proposals.

(2) The Secretary of State may only publish proposals under sub-paragraph (1)(b) if satisfied that appropriate consultation has taken place.

(3) Publication under sub-paragraph (1)(b) may be in such manner as the Secretary of State considers appropriate.

PART 2 — Varying a Road Investment Strategy

6

(1) This paragraph applies where the Secretary of State is considering varying a Road Investment Strategy.

(2) Paragraphs 2 to 5 apply to proposals for a varied Road Investment Strategy as they apply to proposals for a Road Investment Strategy.

(3) In performing their functions under this Part of this Schedule, the Secretary of State and the strategic highways company must have regard to the desirability of maintaining certainty and stability in respect of Road Investment Strategies.

SCHEDULE 3

Application and commencement of scheme

1

(1) The property, rights and liabilities to be transferred may be specified or described by a scheme.

(2) A scheme comes into force on the date it appoints.

Property, rights and liabilities that may be transferred

2

(1) The property, rights and liabilities that may be transferred by a scheme include—

(a) property, rights and liabilities that would not otherwise be capable of being transferred or assigned;

(b) property acquired in the period after the making of the scheme and before it comes into force;

(d) rights and liabilities arising after the scheme comes into force in respect of matters occurring before it comes into force;

(e) rights and liabilities under an enactment or EU instrument.

(2) A scheme may provide that transfers are to take effect irrespective of—

(a) any requirement to obtain a person's consent or concurrence,

(b) any liability in respect of a contravention of another requirement, or

which would otherwise apply.

(3) Sub-paragraph (4) applies where a person would otherwise be entitled, in consequence of anything done, or likely to be done, in connection with a scheme—

(a) to terminate, modify, acquire or claim an interest or right to which the transferor is entitled or subject, or

(b) to treat such an interest or right as modified or terminated.

(4) That entitlement is enforceable in relation to the interest or right—

(a) in consequence of what is done or likely to be done, and

(b) in corresponding circumstances arising after the transfer,

to the extent only that the scheme provides for it to be so enforceable.

Dividing and modifying transferor’s property, rights and liabilities

3

(1) A scheme may contain provision—

(a) for the creation, in favour of a transferor or transferee, of an interest or right in, or in relation to, property to be transferred in accordance with the scheme;

(b) for giving effect to a transfer to a person by the creation, in favour of that person, of an interest or right in, or in relation to, property to be retained by a transferor;

(c) for the creation of new rights and liabilities, including rights of indemnity and duties to indemnify, as between a transferee and a transferor.

(2) A scheme may contain provision for the creation of rights and liabilities for the purpose of converting arrangements between different parts of a transferor's undertaking which exist immediately before the coming into force of the scheme into a contract between—

(a) different transferees, or

(b) a transferee and a transferor.

(3) A scheme may contain provision—

(a) for rights and liabilities to be transferred so as to be enforceable by or against—

(i) more than one transferee, or

(ii) both the transferee and the transferor, and

(b) for rights and liabilities enforceable against more than one of those people to be enforceable in different or modified respects by or against each or any of them.

(4) A scheme may contain provision for interests, rights or liabilities of third parties in relation to anything to which the scheme relates to be modified in the manner set out in the scheme.

(5) Paragraph 2(2) applies to the creation of interests and rights in accordance with a scheme as it applies to the transfer of interests and rights.

Obligation to effect transfers etc under a scheme

4

(1) A scheme may contain provision for imposing on a transferee or a transferor an obligation—

(a) to enter into such agreements with another person on whom a corresponding obligation is, could be or has been, imposed by virtue of this paragraph (whether in the same or a different scheme), or

(b) to execute such instruments in favour of any such person,

as may be specified or described in the scheme.

(2) That other person may enforce an obligation imposed on a transferor or a transferee by virtue of sub-paragraph (1) in civil proceedings.

Effect of scheme

5

(1) Where a scheme provides for the transfer of property, rights or liabilities, or for the creation of interests, rights or liabilities—

(a) the property or interests, rights or liabilities vest, without further assurance, in the transferee at that time, and

(b) the provisions of that scheme in relation to that property or those interests, rights or liabilities have effect from the time when the scheme comes into force.

(2) Sub-paragraph (1) is subject to provision under a scheme for—

(a) the transfer of property, rights or liabilities, or

(b) the creation of interests, rights and liabilities,

to be effected by or under an agreement or instrument entered into or executed in pursuance of an obligation imposed by virtue of paragraph 4(1).

(3) A certificate issued by the Secretary of State that any property, rights or liabilities have been transferred under a scheme is conclusive evidence of the transfer.

Powers and duties under statutory provisions

6

(1) A scheme may make provision for some or all of the powers and duties to which this paragraph applies—

(a) to be transferred to a transferee,

(b) to become powers and duties that are exercisable, or must be performed, concurrently by two or more transferees, or

(c) to become powers and duties that are exercisable, or must be performed, concurrently by a transferor and a transferee.

(2) The powers and duties to which this paragraph applies are the powers and duties conferred or imposed upon a transferor by or under an enactment so far as they relate to—

(a) property to be transferred in accordance with the scheme,

(b) carrying out works designed to be used in connection with such property, or

(3) This paragraph does not require a restrictive construction to be given to what may be transferred by virtue of paragraph 2(1)(e).

Supplementary provisions of schemes

7

(1) A scheme may—

(a) make such incidental, supplemental, consequential and transitional provision in connection with the scheme as the Secretary of State thinks fit;

(b) make different provision for different cases.

(2) In particular, a scheme may make provision—

(a) for the transferee to be treated as the same person in law as the transferor;

(b) for agreements made, transactions effected or other things done by or in relation to the transferor to be treated, so far as may be necessary for the purposes of or in connection with the transfer, as made, effected or done by or in relation to the transferee;

(c) for references in an agreement, instrument or other document to the transferor, or to an employee or office holder of the transferor, to have effect, so far as may be necessary for the purposes of or in connection with a transfer, with such modifications as are specified in the scheme;

(d) for proceedings commenced by or against the transferor to be continued by or against the transferee.

(3) Sub-paragraph (2)(c) does not apply to references in an enactment.

Modification of a scheme by agreement

8

(1) Where the transferor and transferee under a scheme that has come into force so agree, the scheme is to be treated for all purposes as having come into force with such modifications as may be agreed.

(2) An agreement under this paragraph which relates to rights and liabilities under a contract of employment may be entered into only if the employee is a party to the agreement.

(3) An agreement under this paragraph that adversely affects the property or rights of a person other than the transferor, the transferee or such an employee may be entered into only if that person is a party to the agreement.

(4) An agreement under this paragraph may include—

(a) any provision that could have been contained in the scheme;

(b) incidental, supplemental, consequential and transitional provision in connection with any such provision.

Continuity of employment etc

9

(1) Where in accordance with a scheme a person employed by a transferor becomes an employee of a transferee—

(a) that person is not to be regarded for the purposes of Part 11 (redundancy payments etc) of the Employment Rights Act 1996 as having been dismissed by virtue of the transfer,

(b) that person's period of employment with the transferor counts for the purposes of that Act as a period of employment with the transferee, and

(2) Where in accordance with a scheme a person employed by a transferor becomes an employee of a transferee, the scheme must provide for the transfer of all the rights and liabilities relating to the person's contract of employment.

(3) Where a transfer scheme contains provision for the transfer of rights and liabilities relating to a person's contract of employment but, before the transfer takes effect, the person informs the transferor or the transferee that the person objects to the transfer—

(a) those rights and liabilities are not transferred under the transfer scheme,

(b) the person's contract of employment is terminated immediately before the day on which the transfer would occur, and

(4) Nothing in sub-paragraph (3) affects the person's right to terminate the contract of employment if, apart from the change of employer, a substantial change is made to the person's detriment in the person's working conditions.

(5) No damages are payable by virtue of a constructive dismissal occurring under sub-paragraph (4) in respect of unpaid wages relating to a notice period which the employee has not worked.

(6) Where a transfer scheme contains provision for the transfer of rights and liabilities relating to a person's contract of employment, it may include provision with respect to—

(a) the person's eligibility to become a member of a pension scheme by virtue of employment with the transferee;

(b) the rights of, or rights or liabilities in respect of, the person under a pension scheme of which the person may become a member by virtue of employment with the transferee;

(c) the rights of, or rights or liabilities in respect of, the person under a pension scheme of which the person is a member by virtue of employment immediately before the transfer.

Compensation for third parties

10

(1) A third party is entitled to compensation in respect of the extinguishment of that party's entitlement where—

(a) the entitlement is to an interest or right which would, apart from a provision of a scheme and paragraph 2(3) and (4), have become enforceable in respect of the transfer or creation of any property, rights or liabilities in accordance with the scheme,

(b) the provisions of that scheme or of paragraph 2(3) and (4) have the effect of preventing that party's entitlement to that interest or right from being enforced in respect of anything for which the scheme provides, and

(c) provision is not made by the scheme for securing that an entitlement to that interest or right, or to an equivalent interest or right, is preserved or created so as to arise and be enforceable in respect of the first occasion when corresponding circumstances next occur after the coming into force of the transfers for which the scheme provides.

(2) The amount of compensation to which a third party is entitled under this paragraph is the amount necessary for securing, to the extent that it is just to do so, that the third party does not suffer financial loss from the extinguishment of the entitlement.

(3) A liability to pay compensation under this paragraph falls on the Secretary of State.

(4) This paragraph has effect in relation to—

(a) the provisions of an agreement or instrument entered into or executed in pursuance of an obligation imposed by a scheme, and

(b) the provisions of an agreement under paragraph 8 relating to property, rights or liabilities transferred or created in accordance with a scheme,

as it has effect in relation to the scheme but as if, in the case of an agreement under paragraph 8, only persons who are not parties to the agreement were third parties.

Provision of information to Secretary of State for the purposes of making a scheme

11

(1) The Secretary of State may direct a strategic highways company, or a former strategic highways company, to provide such information as he or she may consider necessary for the purposes of making a scheme.

(2) The direction must specify the period within which the information is to be provided.

(3) The period specified in the direction must be not less than 28 days beginning with the day on which the direction is given.

(4) If the company fails to comply with the direction, the Secretary of State may serve a notice on the company requiring—

(a) production to the Secretary of State of any documents which are specified or described in the notice and are in the custody or under the control of that company, or

(b) provision to the Secretary of State of such information as may be specified or described in the notice.

(5) Documents or information to be produced or provided in accordance with such a notice must be produced or provided at the time and place, and in the form and manner, specified in the notice.

(6) A direction or notice under this paragraph may not require—

(a) production of a document which a person could not be compelled to produce in civil proceedings, or

(b) provision of information which a person could not be compelled to give in evidence in such proceedings.

(7) If a strategic highways company fails to comply with a notice under sub-paragraph (4), the court may, on the application of the Secretary of State, make such order as the court thinks fit for requiring the failure to be made good.

(8) Any order under sub-paragraph (7) may include provision requiring all the costs or expenses of, or incidental to, the application to be borne by one or more of the following—

(a) the strategic highways company in default;

(b) any officers of that company who are responsible for its default.

(9) In this paragraph, reference to the production of a document includes reference to the production of a legible and intelligible copy of information recorded otherwise than in legible form.

Interpretation

12

(1) In this Schedule—

“third party”, in relation to a scheme, means a person other than a transferor and a transferee;

“transferee”—in relation to a scheme, means a person to whom property, rights or liabilities are transferred in accordance with the scheme, andin relation to particular property, rights or liabilities transferred or created in accordance with a scheme, means the person—to whom that property or those rights or liabilities are transferred, orin whose favour, or in relation to whom, they are created;

“transferor”—in relation to a scheme, means the person from whom property, rights or liabilities are transferred in accordance with the scheme, andin relation to particular property, rights or liabilities transferred or created in accordance with a scheme, means the person—from whom that property or those rights or liabilities are transferred,who, or whose property, is subject to the interest or right created, orfor whose benefit the liability is created;

“scheme” means a scheme under section 15.

(2) In this Schedule, reference to employment includes reference to employment in the civil service of the State and, in respect of such employment—

(a) reference to a contract of employment is to be treated as a reference to the terms of employment in the civil service of the State, and

(b) reference to a dismissal is to be treated as a reference to the termination of the employment.

(3) References in this Schedule—

(a) to a right or to an entitlement to a right include references to an entitlement to exercise a right, and

(b) to a right's arising include references to its becoming exercisable.

SCHEDULE 4

PART 1 — Main amendments

1

After section 61D of the Town and Country Planning Act 1990 insert—

(61DA) (1) The Mayor of London may by order (a Mayoral development order) grant planning permission for development specified in the order on one or more sites specified in the order. (2) The site or sites must fall within— (a) the area of a local planning authority in Greater London, or (b) the areas of two or more local planning authorities in Greater London. (3) The Secretary of State may by development order specify an area or class of development in respect of which a Mayoral development order must not be made. (61DB) (1) Planning permission granted by a Mayoral development order may be granted— (a) unconditionally, or (b) subject to such conditions or limitations as are specified in the order. (2) A condition imposed by a Mayoral development order may provide for the consent, agreement or approval to a matter specified in the condition to be given by one or more persons specified in the condition. (3) A person specified in a condition must be the Mayor of London or a relevant local planning authority. (4) The Secretary of State may by development order provide that, if the consent, agreement or approval of a person required by a condition imposed by a Mayoral development order is not given within a specified period, that consent, agreement or approval may be sought from a specified person. (5) In subsection (4) “specified” means specified, or of a description specified, in the development order. (6) The Secretary of State may by development order make provision for a person to apply for planning permission for the development of land without complying with a condition imposed on the grant of planning permission by a Mayoral development order. (7) A development order under subsection (6) may, in particular make provision similar to that made by section 73, subject to such modifications as the Secretary of State thinks appropriate. (8) So far as the context requires, in relation to— (a) an application for the consent, agreement or approval of the Mayor of London to a matter specified in a condition imposed by a Mayoral development order, or (b) the determination of such an application, any reference in an enactment to a local planning authority (however expressed) includes a reference to the Mayor. (9) For the purposes of this Act a local planning authority is a relevant local planning authority in relation to a Mayoral development order or proposed Mayoral development order if a site or part of a site to which the order or proposed order relates is within the authority's area. (61DC) (1) The Secretary of State may by development order make provision about the procedure for the preparation and making of a Mayoral development order. (2) A development order under subsection (1) may in particular make provision about— (a) notice, publicity and inspection by the public; (b) consultation with and consideration of views of such persons and for such purposes as are specified in the order; (c) the making and consideration of representations. (3) A Mayoral development order may be made only in response to an application to the Mayor of London by each relevant local planning authority. (4) A proposed Mayoral development order may be consulted on only with the consent of each relevant local planning authority. (5) A Mayoral development order may not be made unless the order has been approved, in the form in which it is made, by each relevant local planning authority. (6) If the Mayor of London makes a Mayoral development order, the Mayor must send a copy to the Secretary of State as soon as is reasonably practicable after the order is made. (61DD) (1) The Mayor of London may at any time revise or revoke a Mayoral development order with the approval of each relevant local planning authority. (2) The Mayor of London must revise a Mayoral development order if the Secretary of State directs the Mayor to do so (and the requirement for the approval of each relevant local planning authority does not apply in those circumstances). (3) The Secretary of State may at any time revoke a Mayoral development order if the Secretary of State thinks it is expedient to do so. (4) The power under subsection (3) is to be exercised by order made by the Secretary of State. (5) If the Secretary of State revokes a Mayoral development order the Secretary of State must state the reasons for doing so. (6) The Secretary of State may by development order make provision about— (a) the steps to be taken by the Secretary of State before giving a direction or making an order under this section; (b) the procedure for the revision or revocation of a Mayoral development order. (7) A development order under subsection (6) may in particular make provision about— (a) notice, publicity and inspection by the public; (b) consultation with and consideration of views of such persons and for such purposes as are specified in the order; (c) the making and consideration of representations. (61DE) (1) This section applies if planning permission for development granted by a Mayoral development order is withdrawn at a time when the development has been started but not completed. (2) For this purpose planning permission for development granted by a Mayoral development order is withdrawn— (a) if the order is revoked under section 61DD, or (b) if the order is revised under that section so that it ceases to grant planning permission for the development or materially changes any condition or limitation to which the grant of permission is subject. (3) The development may, despite the withdrawal of the permission, be completed, subject as follows. (4) If the permission is withdrawn because the Mayoral development order is revoked by the Mayor of London, the Mayor may make a determination that subsection (3) is not to apply in relation to development specified in the determination. (5) A determination under subsection (4) must be published in such manner as the Mayor of London thinks appropriate. (6) If the permission is withdrawn because the Mayoral development order is revoked by an order made by the Secretary of State under section 61DD, the order under that section may provide that subsection (3) is not to apply in relation to development specified in that order. (7) If the permission is withdrawn because the order is revised as mentioned in subsection (2)(b), the revised order may provide that subsection (3) is not to apply in relation to development specified in the order. (8) The power under this section to include provision in an order under section 61DD or a Mayoral development order may be exercised differently for different purposes.

PART 2 — Consequential amendments

2

The Town and Country Planning Act 1990 is amended as follows.

3

In section 56(5)(a) (time when development begun where planning permission granted by general or local development order) for “or a local development order” substitute “ , a local development order or a Mayoral development order ”.

4

In section 57(3) (planning permission not required for normal use of land where planning permission for development of land granted by development order etc) after “a local development order” insert “ , a Mayoral development order ”.

5

In section 58(1) (planning permission may be granted by development order etc) after “a local development order” insert “ , a Mayoral development order ”.

6

In section 62(2A) (applications for planning permission: references in subsections (1) and (2) to applications for planning permission to include applications under section 61L(2)) after “references to” in the second place insert

— (a) applications for consent, agreement or approval as mentioned in section 61DB(2), and (b)

7

In section 65(3A) (notice etc of applications for planning permission: references in subsections (1) and (3) to applications for planning permission etc to include applications under section 61L(2) etc) after “references to” in the second place insert

— (a) any application for consent, agreement or approval as mentioned in section 61DB(2) or any applicant for such consent, agreement or approval, and (b)

8

(1) Section 69 (register of applications etc) is amended as follows.

(2) In subsection (1) (duty of local planning authority to keep register containing information about planning applications etc) after paragraph (c) insert—

(cza) Mayoral development orders;

(3) In subsection (2)(b) (requirement for register to contain information about local development orders etc) after “local development order,” insert “ Mayoral development order, ”.

9

(1) Section 71 (consultations in connection with determinations under section 70) is amended as follows.

(2) In subsection (2ZA) (references in subsections (1) and (2) to applications for planning permission to include applications under section 61L(2)) after “references to” in the second place insert

— (a) an application for consent, agreement or approval as mentioned in section 61DB(2), and (b)

(3) In subsection (3A) (disapplication of consultation requirement relating to caravan sites in case of neighbourhood development order) after “granted by” insert “ a Mayoral development order or ”.

10

In section 74(1ZA) (directions etc as to method of dealing with applications: references in subsections (1)(c) and (f) to planning permission etc to include approvals under section 61L(2) etc)—

(a) in paragraph (a) after “reference to” in the second place insert

— (i) a consent, agreement or approval as mentioned in section 61DB(2), and (ii)

, and

(b) in paragraph (b) after “references to” in the second place insert

— (i) applications for consent, agreement or approval as mentioned in section 61DB(2), and (ii)

11

In section 77(1) (reference of applications to the Secretary of State)—

(a) for “approval” substitute “ consent, agreement or approval ”, and

(b) after “a local development order” insert “ , a Mayoral development order ”.

12

In section 78(1)(c) (right of appeal against refusal of application for approval under development order etc.) after “a local development order” insert “ , a Mayoral development order ”.

13

In section 88(9) (provision for permission for development in enterprise zones does not prevent planning permission from being granted by other means) after “a local development order” insert “ , a Mayoral development order ”.

14

In section 91(4)(a) (provisions about general condition limiting duration of planning permission do not apply to permission granted by development order etc) after “a local development order” insert “ , a Mayoral development order ”.

15

(1) Section 108 (compensation for refusal etc of planning permission formerly granted by development order etc) is amended as follows.

(2) In the heading after “local development order” insert “ , Mayoral development order ”.

(3) In subsection (1)—

(a) in paragraph (a) after “a local development order” insert “ , a Mayoral development order ”, and

(b) after “the local development order” insert “ , the Mayoral development order ”.

(4) After subsection (1) insert—

(1A) Where section 107 applies in relation to planning permission granted by a Mayoral development order— (a) subsection (1) of that section has effect as if it provided for a claim to be made to, and compensation to be paid by, the Mayor of London rather than the local planning authority, and (b) subject to subsection (1B), sections 109 to 112 have effect where compensation is payable by the Mayor of London under section 107(1) as if references to the local planning authority (however expressed) were references to the Mayor of London. (1B) Subsection (1A)(b) does not apply to section 110(2) or (4).

(5) In subsection (2)—

(a) after “a local development order” insert “ , a Mayoral development order ”, and

(b) after “revocation” in both places insert “ , revision ”.

(6) In subsection (3B) after paragraph (b) insert—

(ba) in the case of planning permission granted by a Mayoral development order, the condition in subsection (3DA) is met, or

(7) After subsection (3D) insert—

(3DA) The condition referred to in subsection (3B)(ba) is that— (a) the planning permission is withdrawn by the revocation or revision of the Mayoral development order, (b) notice of the revocation or revision was published in the prescribed manner not less than 12 months or more than the prescribed period before the revocation or revision took effect, and (c) either— (i) the development authorised by the Mayoral development order had not begun before the notice was published, or (ii) section 61DE(3) applies in relation to the development.

16

In section 109(6) (apportionment of compensation for depreciation: interpretation) in the definition of “relevant planning decision” after “the local development order” insert “ , the Mayoral development order ”.

17

In section 171H(1)(a) (compensation for temporary stop notice: application where activity authorised by development order etc) after “a local development order” insert “ , a Mayoral development order ”.

18

In section 264(5)(ca) (land which is treated as operational land of a statutory undertaker by virtue of planning permission for its development granted by a local development order etc) after “a local development order” insert “ , a Mayoral development order ”.

19

(1) Section 303 (fees for planning applications etc) is amended as follows.

(2) After subsection (1) insert—

(1ZA) The Secretary of State may by regulations make provision for the payment of a fee to— (a) the Mayor of London in respect of an application for consent, agreement or approval as mentioned in section 61DB(2) or the giving of advice about such an application; (b) a specified person in respect of an application for consent, agreement or approval for which provision is made under section 61DB(4) or the giving of advice about such an application.

(3) After subsection (10) insert—

(10A) If the Mayor of London or a specified person calculates the amount of fees in pursuance of provision made by regulations under subsection (1ZA) the Mayor of London or the specified person must secure that, taking one financial year with another, the income from the fees does not exceed the cost of performing the function.

(4) After subsection (11) insert—

(12) In this section “specified person” means a person specified by development order under section 61DB(4).

20

In section 305(1)(a) (contributions by Ministers towards compensation paid by local authorities) after “local authority” insert “ , the Mayor of London ”.

21

In section 324 (rights of entry) after subsection (1A) insert—

(1B) Any person duly authorised in writing by the Secretary of State, a local planning authority or the Mayor of London may at any reasonable time enter any land for the purpose of surveying it in connection with— (a) a proposal by a local planning authority to apply to the Mayor of London for the Mayor to make a Mayoral development order, or (b) a proposal by the Mayor of London to make a Mayoral development order.

22

(1) Section 333 (regulations and orders) is amended as follows.

(2) In subsection (4) after “61A(5)” insert “ , 61DD(4), ”.

(3) In subsection (5) after “Wales),” insert “ 61DD(4), ”.

23

In section 336(1) (interpretation) at the appropriate place insert—

“relevant local planning authority” is to be construed in accordance with section 61DB(9);

SCHEDULE 5

PART 1 — Amendments to the Local Land Charges Act 1975

1

The Local Land Charges Act 1975 is amended as follows.

2

In the italic heading before section 3 for “registers” substitute “ register ”.

3

For section 3 (registering authorities, local land charges registers, and indexes) substitute—

(3) (1) The Chief Land Registrar must keep the local land charges register. (2) The local land charges register is a register of— (a) each local land charge registered in a local land charges register for a local authority's area immediately before this section first had effect in relation to that area, and (b) each local land charge subsequently registered under section 5 or 6 or another relevant enactment in respect of land which is wholly or partly within that area. (3) Subsection (2) is subject to any later variation or cancellation of the registration of the local land charge. (4) The local land charges register may be kept in electronic form. (5) In this section— - “local authority” means— 1. a district council, 2. a county council in England for an area for which there is no district council, 3. a county council in Wales, 4. a county borough council, 5. a London borough council, 6. the Common Council of the City of London, or 7. the Council of the Isles of Scilly; - “relevant enactment” means a provision which is made by or under an Act and which provides for the registration of a charge or other matter as a local land charge. (6) For the purposes of this section the area of the Common Council of the City of London includes the Inner Temple and the Middle Temple.

4

Omit section 4 (the appropriate local land charges register).

5

(1) Section 5 (registration) is amended as follows.

(2) Omit subsection (1).

(3) For subsections (2) and (3) substitute—

(2) Subject to subsection (6) below, the originating authority as respects a local land charge must apply to the Chief Land Registrar for its registration in the local land charges register; and on the application being made the Chief Land Registrar must register the charge accordingly. (3) The registration in the local land charges register of a local land charge, or of any matter which when registered becomes a local land charge, must be carried out by reference to the land affected.

(4) In subsection (6) for “a local land charges register” substitute “ the local land charges register ”.

6

(1) Section 6 (local authority's right to register a general charge against land in certain circumstances) is amended as follows.

(2) For subsection (2) substitute—

(2) At any time before the specific charge comes into existence, the Chief Land Registrar must register a general charge against the land, without any amount being specified, in the local land charges register if the originating authority make an application for that purpose.

(3) In subsection (3) for “5(1) and (2)” substitute “ 5(2) ”.

(4) In subsection (4)—

(a) for “pursuant to an application by the originating authority, they” substitute “ the originating authority ”, and

(b) for “registering authority” substitute “ Chief Land Registrar ”.

7

(1) Section 8 (personal searches) is amended as follows.

(2) In subsection (1)—

(a) for “any local land charges register” substitute “ the local land charges register ”, and

(b) after “fee” insert “ (if any) ”.

(3) In subsection (1A)—

(a) for “a local land charges register is kept otherwise than in documentary” substitute “ the local land charges register is kept in electronic ”, and

(b) for “registering authority” substitute “ Chief Land Registrar ”.

(4) In subsection (2)—

(a) for “a registering authority” substitute “ the Chief Land Registrar ”, and

(b) omit “authority's”.

8

(1) Section 9 (official searches) is amended as follows.

(2) In subsection (1)—

(a) omit “appropriate”, and

(b) for “registering authority” substitute “ Chief Land Registrar ”.

(3) Omit subsection (2).

(4) For subsections (3) and (3A) substitute—

(3) The prescribed fee (if any) shall be payable in the prescribed manner in respect of any requisition made under this section.

(5) In subsection (4)—

(a) for “a registering authority” substitute “ the Chief Land Registrar ”,

(b) omit “or (3A)”, and

(6) In consequence of the amendment made by sub-paragraph (5)(b), in Schedule 4 to the Constitutional Reform Act 2005 omit paragraph 84(3)(b).

9

(1) Section 10 (compensation for non-registration or defective official search certificate) is amended as follows.

(2) In subsection (1)—

(a) omit “appropriate” in each place,

(b) in paragraph (aa) for “in a case where” substitute “ if ”, and

(3) Omit subsection (2).

(4) In subsection (4) for “registering authority in whose area the land affected is situated” substitute “ Chief Land Registrar ”.

(5) In subsection (5)—

(a) for the words from “a registering authority” to “not the originating authority” substitute “ the Chief Land Registrar ”, and

(b) for “the registering authority” in each place substitute “ the Chief Land Registrar ”.

(6) After that subsection insert—

(5A) An amount equal to any compensation paid under this section by the Chief Land Registrar in respect of a local land charge is also recoverable from the originating authority in a case where the matter within subsection (1) giving rise to the Chief Land Registrar's liability is a consequence of— (a) an error made by the originating authority in applying to register the local land charge, or (b) an error made by the originating authority in applying for the registration of the local land charge to be varied or cancelled.

(7) In subsection (6)—

(a) for “a registering authority” substitute “ the Chief Land Registrar ”,

(b) for “that authority” substitute “ the Chief Land Registrar ”,

(d) for “the registering authority” substitute “ the Chief Land Registrar ”.

(8) After subsection (6) insert—

(6A) The Chief Land Registrar may insure against the risk of liability to pay compensation under this section.

(9) In subsection (7) for “Limitation Act 1939” substitute “ Limitation Act 1980 ”.

(10) In subsection (9) for “registering authority's” substitute “Chief Land Registrar's”.

10

In section 12 (office copies as evidence) for “any local land charges register” substitute “ the local land charges register ”.

11

In section 13 (protection of solicitors, trustees etc) for “a local land charges register” substitute “ the local land charges register ”.

12

(1) Omit section 13A (specification of fees by registering authorities in England).

(2) In consequence of the amendment made by sub-paragraph (1), in Schedule 4 to the Constitutional Reform Act 2005 omit paragraph 83.

13

(1) Section 14 (rules) is amended as follows.

(2) In subsection (1)—

(a) in paragraph (a) for “registering authorities” substitute “ the Chief Land Registrar ”,

(b) after paragraph (f) insert—

(fa) as to the variation without an order of the court of the registration of a local land charge— (i) on the application or with the consent of the person by whom it is enforceable, or (ii) of the Chief Land Registrar's own motion;

(g) as to the cancellation without an order of the court of the registration of a local land charge— (i) on its cesser, (ii) on the application or with the consent of the person by whom it is or was enforceable, or (iii) of the Chief Land Registrar's own motion;”, and

(d) for paragraph (h) substitute—

(h) for prescribing the fees to be paid to the Chief Land Registrar for services relating to local land charges provided by the Chief Land Registrar.

(3) In subsection (2)—

(a) in paragraph (a) for “any local land charges register” substitute “ the local land charges register ”,

(b) after paragraph (a) insert—

(aa) power to make rules— (i) prescribing different fees for different services or descriptions of service; (ii) prescribing services or descriptions of service for which no fees are payable;

, and

(b) power to make rules about communications for the purposes of this Act, or any statutory provision by virtue of which any matter is registrable in the local land charges register, including rules as to— (i) the particular means of communication which may or must be used for such purposes (which may include an electronic means of communication), (ii) the circumstances in which a particular means of communication may or must be used (which may be all circumstances, subject to exceptions); (iii) the form or contents of anything sent using a particular means of communication; (ba) power to make rules requiring or enabling anything which is provided to or by the Chief Land Registrar for the purposes of this Act, or any statutory provision by virtue of which any matter is registrable in the local land charges register, to be provided in electronic form; (bb) power to make rules enabling the Chief Land Registrar, or a person providing services to the Chief Land Registrar, to determine— (i) any matter within paragraph (b), or (ii) whether anything of the kind referred to in paragraph (ba) may or must be provided in electronic form; and

(4) Sub-paragraphs (5) and (6) apply to the function of the Lord Chancellor under section 14(1) of the Local Land Charges Act 1975 as amended by this paragraph so far as it relates to the power to make rules for prescribing fees and the manner of payment of fees (“the new function”).

(5) The new function is to be treated as having been transferred to the Welsh Ministers by—

(a) the National Assembly for Wales (Transfer of Functions) Order 2004 (S.I. 2004/3044), and

(b) Schedule 11 to the Government of Wales Act 2006,

in the same way as the equivalent function of the Lord Chancellor under that section as it had effect apart from this paragraph (“the old function”).

(6) A provision made by that Order or that Act in respect of the old function continues to apply to the new function.

14

In section 15(b) (expenses) for “a registering authority” substitute “ the Chief Land Registrar ”.

15

(1) Section 16 (interpretation) is amended as follows.

(2) In subsection (1) omit the definitions of “the appropriate local land charges register” and “the registering authority”.

(3) In subsection (1A) for “otherwise than in documentary” substitute “ in electronic ”.

16

In section 19(4) (transitional provision) omit the words from “In so far as” to “so made, but”.

PART 2 — Amendments to the Land Registration Act 2002

17

The Land Registration Act 2002 is amended as follows.

18

In section 100 (conduct of business) after subsection (2) insert—

(2A) Subsections (1) and (2) apply to all functions of the registrar, whether or not conferred by this Act.

19

In section 106(1) (incidental powers of registrar in relation to companies) after “Schedule 5,” insert “ or under the Local Land Charges Act 1975, ”.

20

In paragraph 4 of Schedule 7 (indemnity for members of the land registry in relation to functions relating to land registration) after “land registration” insert “ or local land charges ”.

PART 3 — Amendments to other Acts

Law of Property Act 1925 (c. 20)

21

In section 198(1) of the Law of Property Act 1925 (registration in local land charges register to be notice) for “any local land charges register” substitute “ the local land charges register ”.

Requisitioned Land and War Works Act 1948 (c. 17)

22

In section 14 of the Requisitioned Land and War Works Act 1948 (registration of rights as to government oil pipelines)—

(a) in subsections (1) and (4)(b) omit “appropriate”,

(b) in subsection (1) for “authority keeping that register that authority” substitute “ Chief Land Registrar, the Chief Land Registrar ”, and

Cheshire County Council Act 1953 (c. xl)

23

In section 25(3) of the Cheshire County Council Act 1953 (notice preventing building next to proposed street to be void unless registered as a local land charge) omit the words from “Provided that” to “local land charge”.

Land Powers (Defence) Act 1958 (c. 30)

24

The Land Powers (Defence) Act 1958 is amended as follows.

25

In section 12 (extension of provisions of Requisitioned Land and War Works Acts) in each of subsections (2) and (5) for “appropriate register of local land charges” substitute “ local land charges register ”.

26

In section 17 (registration of wayleave orders and restrictions under section 16)—

(a) in subsections (2)(a), (2A) and (3)(b) omit “appropriate”,

(b) in subsection (2A) for “authority keeping that register” substitute “ Chief Land Registrar ”, and

Rights of Light Act 1959 (c. 56)

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