Infrastructure Act 2015

27

The Rights of Light Act 1959 is amended as follows.

28

• (1) Section 2 (registration of notice in lieu of obstruction of access of light) is amended as follows.

• (2) In subsection (1) for “local authority in whose area the dominant building is situated” substitute “ Chief Land Registrar ”.

• (3) In subsection (2) omit “be in the prescribed form and shall”.

• (4) In subsection (3) after “accompanied by” insert “ a copy of ”.

• (5) In subsection (4)—

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

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

• (c) omit “appropriate”, and

• (d) in paragraph (b) for “5(1) and (2)” substitute “ 5(2) ”.

29

In section 3(2)(c) (period for which notice has effect)—

• (a) after “expires without” insert “ a copy of ”, and

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

30

In section 7(1) (interpretation)—

• (a) for the definition of “prescribed” substitute—

“prescribed” means prescribed by rules under section 14 of the Local Land Charges Act 1975;

, and

• (b) omit the definition of “local authority”.

31

In consequence of the amendment made by paragraph 30(b), in Schedule 1 to the Local Land Charges Act 1975 omit paragraph (c) of the amendments to the Rights of Light Act 1959.

Leasehold Reform Act 1967 (c. 88)

32

In section 19(10) of the Leasehold Reform Act 1967 (registration of scheme or certificate under section 19 in appropriate local land charges register) in the opening words omit “appropriate”.

Land Compensation Act 1973 (c. 26)

33

In section 52(9) of the Land Compensation Act 1973 (registration of advance payment of compensation in appropriate local land charges register) omit “appropriate”.

Interpretation Act 1978 (c. 30)

34

In Schedule 1 to the Interpretation Act 1978 (words and expressions defined) in the entry containing definitions of “local land charges register” and “the appropriate local land charges register”—

• (a) for “a register” substitute “ the register ”, and

• (b) omit the words from “and “the appropriate local land charges register”” to the end of that entry.

Highways Act 1980 (c. 66)

35

In paragraph 9(a) of Schedule 9 to the Highways Act 1980 (notification of revocation of improvement line or building line) for the words from “the council” to “is situated” substitute “ the Chief Land Registrar ”.

Disused Burial Grounds (Amendment) Act 1981 (c. 18)

36

In section 2(4) of the Disused Burial Grounds (Amendment) Act 1981 (requirement to deposit copy of order of Secretary of State dispensing with requirements as to human remains with registering authority) for the words from “deposited with” to “1975)” substitute “ sent to the Chief Land Registrar, ”.

Compulsory Purchase (Vesting Declarations) Act 1981 (c. 66)

37

In section 3(4) of the Compulsory Purchase (Vesting Declarations) Act 1981 (registration of preliminary notice) for the words from “registered” to the end of the subsection substitute “ sent to the Chief Land Registrar, and the notice shall be a local land charge ”.

Leasehold Reform, Housing and Urban Development Act 1993 (c. 28)

38

In section 70(12) of the Leasehold Reform, Housing and Urban Development Act 1993 (consequence of registration of scheme in appropriate local land charges register) in the opening words omit “appropriate”.

Local Government (Wales) Act 1994 (c. 19)

39

In Schedule 17 to the Local Government (Wales) Act 1994 (savings and transitional provision) omit paragraph 11 (local land charges registers).

PART 4 — Transitional provision

Power for Parts 1 and 3 to be applied gradually to local authority areas

40

• (1) Parts 1 and 3 of this Schedule have effect in relation to the area of a local authority if (and only if)—

• (a) the Chief Land Registrar gives notice in writing to the local authority that, on and after the date specified in the notice, those Parts will have effect in relation to that area, and

• (b) before that date, the notice is publicised in such manner as the Chief Land Registrar thinks is likely to bring the arrangements under the Local Land Charges Act 1975 as amended by Part 1 of this Schedule to the attention of persons who are likely to want to apply to register local land charges in, or to search, the register of local land charges after that Part has effect in relation to that area.

• (2) The Chief Land Registrar may withdraw a notice under sub-paragraph (1) (“the original notice”) by a notice in writing which—

• (a) is given before the date specified in the original notice to the authorities to whom the original notice was given, and

• (b) is publicised before that date in such manner as the Chief Land Registrar thinks is likely to bring the withdrawal to the attention of the persons to whom the original notice was publicised.

• (3) If, in accordance with this paragraph, the Chief Land Registrar gives a notice under sub-paragraph (1) which is not withdrawn, Parts 1 and 3 have effect in relation to the area specified in the notice on and after the date specified in it.

• (4) This paragraph does not prevent the making of rules under section 14 of the Local Land Charges Act 1975 as amended by Part 1 of this Schedule—

• (a) in relation to the operation of that Act as amended by that Part, or

• (b) in relation to the operation of any other statutory provision by virtue of which any matter is registrable in the local land charges register,

but such rules have effect in relation to the area of a local authority if (and only if) that Part has effect in relation to that area in accordance with this paragraph.

Duty of local authorities to assist Chief Land Registrar

41

A local authority must provide the Chief Land Registrar with such information or other assistance as the Chief Land Registrar reasonably requires for the purposes of enabling Part 1 of this Schedule to have effect in relation to the area of that authority.

Continuity of functions

42

• (1) This paragraph and paragraph 43 apply where Parts 1 and 3 of this Schedule have effect in relation to the area of a local authority by virtue of paragraph 40.

• (2) Anything done or omitted to be done by or in relation to the local authority and in relation to the old register which is in force or effective immediately before the relevant date is to be treated as done or omitted to be done by or in relation to the Chief Land Registrar and in relation to the new register.

• (3) There may be continued by or in relation to the Chief Land Registrar anything (including legal proceedings) that relates to the old register and is in the process of being done by or in relation to the local authority immediately before the relevant date.

Compensation

43

• (1) The amendments in Part 1 of this Schedule to section 10(1) and (2) of the Local Land Charges Act 1975 (compensation for non-registration or defective official search certificate) and to section 16(1) of that Act so far as it applies to that section do not have effect in relation to a search of the old register made before the relevant date.

• (2) Subject to sub-paragraphs (4) and (5), the Chief Land Registrar may recover from the local authority an amount equal to any compensation which the Chief Land Registrar is liable to pay under section 10 of the Local Land Charges Act 1975 in consequence of—

• (a) the authority's failure before the relevant date to register, or register correctly, a local land charge in the old register,

• (b) the authority's failure before the relevant date to satisfy an entitlement to search in the old register conferred by section 8 of that Act as mentioned in subsection (1A) of that section, or

• (c) the omission of a local land charge from an official search certificate issued by the authority before the relevant date.

• (3) Subject to sub-paragraphs (4) and (5), the Chief Land Registrar may recover from the local authority an amount equal to any compensation which the Chief Land Registrar is liable to pay under section 10 of the Local Land Charges Act 1975 where—

• (a) an act or omission of the Chief Land Registrar gives rise to that liability, but

• (b) that act or omission is in consequence of a failure by the authority to provide any information about a charge registered in the old register.

• (4) Sub-paragraph (5) applies where—

• (a) the Chief Land Registrar's liability arises as a result of the local authority's failure before the relevant date—

• (i) to register, or register correctly, a local land charge in the old register, or

• (ii) to provide any information about a local land charge registered in the old register to the Chief Land Registrar,

• (b) the local authority is not the originating authority in relation to the charge, and

• (c) the originating authority—

• (i) did not apply for registration of the charge in time for it to be practicable for the local authority to register it before the relevant date, or

• (ii) made an error in applying to register the charge, or in applying for the registration of the charge to be varied or cancelled.

• (5) Where this sub-paragraph applies, the Chief Land Registrar may recover an amount equal to the compensation from the originating authority (and may not recover such an amount from the local authority).

• (6) Sub-paragraph (7) applies where compensation for loss under section 10 of the Local Land Charges Act 1975 is paid by the Chief Land Registrar in the circumstances described in any of sub-paragraphs (2) to (4).

• (7) No part of the amount paid, or of any corresponding amount paid to the Chief Land Registrar by the local authority or originating authority under any of those sub-paragraphs, is to be recovered by the Chief Land Registrar, the local authority or originating authority from any other person except as provided by any of sub-paragraphs (2) to (4) or under a policy of insurance or on grounds of fraud.

• (8) Subsections (5) and (6) of section 10 of the Local Land Charges Act 1975 do not apply where compensation for loss under that section is paid by the Chief Land Registrar in the circumstances described in any of sub-paragraphs (2) to (4).

Interpretation

44

• (1) In this Part of this Schedule—

• “local authority” means—a district council,a county council in England for an area for which there is no district council,a county council in Wales,a county borough council,a London borough council,the Common Council of the City of London, orthe Council of the Isles of Scilly;

• “the old register”, in relation to a local authority, means the local land charges register kept by the authority under the Local Land Charges Act 1975 before the relevant date;

• “the new register” means the local land charges register kept by the Chief Land Registrar under the Local Land Charges Act 1975;

• “the relevant date”, in relation to a local authority, means the date on which Parts 1 and 3 of this Schedule first had effect in relation to the authority's area.

• (2) For the purposes of this Part of this Schedule the area of the Common Council of the City of London includes the Inner Temple and the Middle Temple.

• (3) Expressions used in this Part of this Schedule and in the Local Land Charges Act 1975 have the same meaning as in that Act.

SCHEDULE 6

PART 1 — The right to buy

“Right to buy regulations”

1

In this Schedule “right to buy regulations” means regulations under subsection (1) of section 38.

Kinds of facilities in relation to which right to buy exercisable

2

• (1) Right to buy regulations must specify the kind, or kinds, of renewable electricity generation facilities in relation to which the right to buy is to be exercisable.

• (2) The regulations must secure that the right to buy is not to be exercisable in relation to a renewable electricity generation facility if the total installed capacity of the facility is expected to be less than 5 megawatts.

• (3) The regulations may specify a kind of renewable electricity generation facility by reference to one or more of the following factors—

• (a) the renewable source of energy used at the facility;

• (b) the technology used to generate electricity at the facility;

• (c) the electricity generation capacity of the facility;

• (d) whether the facility is a land-based facility or an offshore facility.

Identification of qualifying facilities

3

• (1) Right to buy regulations must make provision enabling those renewable electricity generation facilities which are qualifying facilities to be identified.

• (2) The regulations may make provision enabling the following to be identified—

• (a) different renewable electricity generation facilities located at the same site;

• (b) any facility at that site which is a qualifying facility.

• (3) The regulations may make provision enabling the following to be identified in cases where there is expansion at a site where a renewable electricity generation facility is located—

• (a) any new renewable electricity generation facility created by the expansion;

• (b) any facility at that site which is a qualifying facility (including any existing facility which becomes a qualifying facility because its total installed capacity is expected to be 5 megawatts or more as a result of the expansion).

• (4) Right to buy regulations may make provision about cases in which the right to buy is not to be exercisable in relation to a renewable electricity generation facility which would otherwise be a qualifying facility (an “excepted facility”).

• (5) The functions that may be conferred by regulations under sub-paragraph (4) (in accordance with section 39(1)) include—

• (a) the function of determining whether or not a renewable electricity generation facility is an excepted facility;

• (b) the function of specifying that a particular renewable electricity generation facility is an excepted facility.

• (6) The regulations may provide for an excepted facility to be identified by reference to one or more of the following factors—

• (a) community ownership of the facility;

• (b) community ownership of a stake in the facility;

• (c) non-participation in a statutory energy scheme (whether or not there could be participation in the scheme in respect of the facility).

The promoter

4

• (1) Right to buy regulations must make provision enabling the promoter of a qualifying facility to be identified in a case where the promoter is not, or is not expected to become, the facility operator.

• (2) In this paragraph “promoter” means a person developing a qualifying facility.

The community

5

• (1) Right to buy regulations must make provision enabling the following to be identified—

• (a) the community in which a land-based facility is located;

• (b) the community adjacent to which an offshore facility is located.

• (2) A community must be a geographical area which is—

• (a) wholly in England, wholly in Wales or wholly in Scotland;

• (b) partly in England and partly in Wales; or

• (c) partly in England and partly in Scotland.

• (3) A community may be identified by reference to one or more of the following factors—

• (a) distance measured from the facility or some other point (such as a point on a coastline adjacent to an offshore facility);

• (b) the number of residents;

• (c) administrative boundaries of any kind.

The members of the community

6

• (1) Right to buy regulations must make provision enabling the following to be identified—

• (a) individuals who may exercise the right to buy;

• (b) groups who may exercise the right to buy.

• (2) The individuals who may exercise the right to buy may be identified by reference to one or more of the following factors—

• (a) how old an individual is;

• (b) how long an individual has been resident in the community;

• (c) whether the community is an individual's only (or main) place of residence.

• (3) Right to buy regulations may specify the kind, or kinds, of individuals who may not exercise the right to buy.

• (4) Those kinds of individuals may be identified by reference to one or more of the following factors—

• (a) whether an individual is, or has been, bankrupt or subject to any other kind of arrangement relating to indebtedness;

• (b) whether an individual has been convicted of a criminal offence involving fraud;

• (c) whether an individual is connected with—

• (i) the designated promoter or facility operator, or

• (ii) bodies or individuals connected with the designated promoter or facility operator.

• (5) The groups who may exercise the right to buy may be identified by reference to one or more of the following factors—

• (a) the legal form of the group;

• (b) the constitution, structure and management of the group;

• (c) the criteria for membership of the group (including criteria relating to residence);

• (d) the members of the group;

• (e) the aims of the group;

• (f) the activities of the group (including economic activities);

• (g) the geographical area or areas in which, or in relation to which, the group operates;

• (h) the treatment of income and profits of the group;

• (i) the treatment of assets of the group (including on its dissolution);

• (j) whether the group is connected with—

• (i) the designated promoter or facility operator, or

• (ii) bodies or individuals connected with the designated promoter or facility operator.

• (6) The provision that may be made about membership, or members, of the group under sub-paragraph (5)(c) or (d) includes provision of any kind that may be made under sub-paragraph (2) or (4) about individuals.

• (7) Right to buy regulations may specify the kind, or kinds, of groups who may not exercise the right to buy.

• (8) Regulations under this paragraph may make provision about which persons are connected with which other persons for the purposes of any such regulations.

• (9) The regulations may provide that one person (“A”) is connected with another person (“B”) by virtue of—

• (a) a direct or indirect connection;

• (b) connections arising from employment or office-holding, from family relationships, or from financial arrangements;

• (c) A being the parent of B or another person connected with B;

• (d) A being a subsidiary of B or another person connected with B.

Kinds of stake which may be bought through the right to buy

7

• (1) Right to buy regulations must specify the kinds of stakes in qualifying facilities which may be bought through the right to buy.

• (2) A stake may take any of the following forms—

• (a) one or more shares in a company;

• (b) any other interest in a body other than a company;

• (c) an equitable interest;

• (d) a right to a royalty related to revenues;

• (e) a loan.

• (3) Right to buy regulations may make provision about the rights, obligations, powers and other terms attaching to a stake.

Particular kind of stake which may be bought in particular facility

8

• (1) Right to buy regulations must require the designated promoter or facility operator to choose the kind, or kinds, of stake in a qualifying facility that are to be available through the right to buy.

• (2) The regulations must give the designated promoter or facility operator a choice of at least two different kinds of stake in relation to a qualifying facility.

• (3) The regulations must require the designated promoter or facility operator—

• (a) to carry out a consultation before choosing which kind, or kinds, of stake are to be available, and

• (b) to take the results of that consultation into account in making the choice.

The price of the stakes

9

• (1) Right to buy regulations must make provision about setting the price of the available stakes in a qualifying facility.

• (2) In making the regulations, the Secretary of State must have regard to the desirability of the prices of available stakes reflecting a measure of fair value.

• (3) In this paragraph “available stakes”, in relation to a qualifying facility, means the stakes in the qualifying facility that are to be offered through the right to buy.

Total value of the offer

10

• (1) Right to buy regulations must require the offer to consist of stakes whose combined price is—

• (a) equal to, or

• (b) greater than,

the minimum amount described in the regulations.

• (2) That minimum amount must be expressed as a percentage of the total capital costs of development of a qualifying facility.

• (3) That percentage must not exceed 5%.

• (4) The regulations may make provision about—

• (a) the kinds of costs that are capital costs of development of a qualifying facility;

• (b) calculation of the total capital costs of development of a qualifying facility.

• (5) The provision about calculation of the total capital costs may provide for the total—

• (a) to be calculated by reference to a period ending after the time of the calculation (including a period ending with commissioning of the facility);

• (b) to include costs which have not been incurred at the time of the calculation;

• (c) to include estimated costs.

• (6) In this paragraph—

• “combined price”, in relation to the stakes offered through the right to buy, means the total which the amounts to be paid for all of those stakes will add up to (assuming those stakes are all bought);

• “offer” means the offer of stakes in a qualifying facility through the right to buy.

Buying a stake

11

• (1) Right to buy regulations must make provision about the procedure for exercising the right to buy in relation to a qualifying facility (the “purchase procedure”).

• (2) The purchase procedure must identify what stake or stakes—

• (a) the individuals resident in the community, and

• (b) the groups connected with the community,

may buy through the right to buy.

• (3) The regulations may require the designated promoter or facility operator to conduct the purchase procedure.

• (4) The purchase procedure must identify the period of time during which stakes in a qualifying facility may be applied for (the “application period”).

• (5) The purchase procedure must secure that the application period does not begin until after planning consent has been given for the development of the qualifying facility.

• (6) Here “planning consent” means whichever of the following is, or are, needed for that facility to be developed—

• (a) development consent under the Planning Act 2008;

• (b) planning permission under Part 3 of the Town and Country Planning Act 1990;

• (c) a marine licence under the Marine and Coastal Access Act 2009;

• (d) consent of the Scottish Ministers under section 36 of the Electricity Act 1989;

• (e) planning permission under the Town and Country Planning (Scotland) Act 1997;

• (f) a marine licence under Part 4 of the Marine (Scotland) Act 2010.

Excessive or insufficient take-up

12

• (1) Right to buy regulations may make provision (including provision relating to the allocation of stakes)—

• (a) about cases where applications made in the application period exceed the available stakes, and

• (b) about cases where applications made in the application period do not exceed the available stakes.

• (2) Provision about cases where applications made in the application period do not exceed the available stakes may—

• (a) provide for the right to buy to be modified or to cease to apply;

• (b) identify a subsequent period of time (a “secondary period”) during which the right to buy is to be exercisable.

• (3) If right to buy regulations identify a secondary period, the regulations may make, in relation to the secondary period, any provision of the kinds mentioned in sub-paragraphs (1) and (2)(a) that may be made in relation to the application period.

• (4) The power under section 55 to make different provision in community electricity right regulations for different purposes includes power to make provision relating to secondary periods that is different from provision relating to application periods.

• (5) The provision that may differ includes provision about—

• (a) the community in which a land-based facility is located or adjacent to which an offshore facility is located;

• (b) the individuals resident in a community or the groups connected with a community who may exercise the right to buy.

• (6) In this paragraph—

• “application period” has the meaning given in paragraph 11;

• “applications” means applications for stakes in a qualifying facility;

• “available stakes” means the stakes in a qualifying facility that are available to be bought through the right to buy.

Subsequent disposal of a stake

13

• (1) Right to buy regulations may make provision about the disposal of a stake in a qualifying facility after it has been bought through the right to buy (whether the disposal is by a person who bought the stake through the right to buy or by a person who has subsequently acquired it).

• (2) The regulations may impose restrictions or prohibitions on the disposal of a stake.

• (3) The regulations may impose duties to dispose of a stake in a case where the holder ceases to be—

• (a) an individual resident in a community, or

• (b) a body connected with a community.

• (4) A restriction or prohibition may limit or prevent the disposal of a stake except to an individual or body who—

• (a) would have been able to buy the stake at the time when the right to buy was originally exercisable, or

• (b) would be able to buy the stake at the time of the disposal, were the right to buy exercisable at that time.

PART 2 — Operators, ownership & related matters

“Operator and ownership regulations”

14

In this Schedule “operator and ownership regulations” means regulations under subsection (2) of section 38.

Bodies that may be facility operators

15

If operator and ownership regulations specify two or more kinds of bodies which may be a facility operator, the regulations may make provision about which kind of body may own which kind of facility in which circumstances.

Constitutions of facility operators

16

• (1) Operator and ownership regulations may require the constitution of a facility operator to be in accordance with provision specified in the regulations.

• (2) In the case of a facility operator that is a company, the regulations may require the constitution of the company to be in accordance with provision about—

• (a) the voting rights attached to, or other characteristics of, shares in the company;

• (b) the issuing of new shares in the company.

Ownership of facility operators

17

• (1) Operator and ownership regulations may make provision about the ownership of facility operators.

• (2) The regulations may—

• (a) impose limitations on who may own a facility operator;

• (b) require the owners of a facility operator to consist of, or include, one or more persons of a kind specified in the regulations.

Conduct of owners of facility operators

18

• (1) Operator and ownership regulations may make provision about the conduct of the owners of facility operators.

• (2) The regulations may impose duties, restrictions or prohibitions in relation to the exercise of rights or powers of owners (including a right or power to exercise a vote attached to a share).

Revenues

19

• (1) Operator and ownership regulations may make provision about the treatment of the revenues earned by a qualifying facility.

• (2) The regulations may restrict or prohibit the making of arrangements affecting the destination of the revenues.

PART 3 — Information

“Information regulations”

20

In this Schedule “information regulations” means regulations under subsection (3) of section 38.

Particular kinds of information

21

Information regulations may make provision about the supply of—

• (a) financial information relating to a renewable electricity generation facility;

• (b) information relating to electricity generation at a renewable electricity generation facility.

Possible buyers of stakes

22

Information regulations may make provision about the supply of information by, or to, individuals and groups who are, or may be, interested in exercising the right to buy (were it available to them).

Prospective buyers of stakes

23

Information regulations may make provision about the supply of information by, or to, individuals and groups who are entitled to exercise the right to buy.

Applicants for stakes

24

Information regulations may make provision about the supply of information by, or to, individuals and groups who are exercising the right to buy.

Owners of stakes

25

Information regulations may make provision about the supply of information by, or to, individuals and groups who hold—

• (a) stakes which they have bought through the right to buy, or

• (b) stakes which they have acquired after their sale through the right to buy.

PART 4 — Supplementary

Interpretation

26

In this Schedule—

• “body” means an incorporated or unincorporated body of persons;

• “company” includes any other kind of incorporated body;

• “designated promoter”, in relation to a renewable electricity generation facility, means the promoter identified in accordance with regulations under paragraph 4;

• “shares” includes any other instrument by which a person holds an interest in the equity of an incorporated body;

• “total installed capacity”, in relation to a renewable electricity generation facility, means the maximum capacity at which the facility could be operated for a sustained period without causing damage to it.

SCHEDULE 7

The amount of the levy

1

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

Basis of amount

2

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

Amounts payable by different categories of licence holders

3

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

Exemptions

4

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

Unpaid levy

5

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

Conferral of functions

6

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

Categories of licence holders

7

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

Interpretation

8

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

Areas and highways in an appointment

Monitor: compliance and fines

Consequential and transitional provision etc

Cycling and Walking Investment Strategies

Powers of British Transport Police Force

Environmental control of animal and plant species

Native and non-native species etc

Part 4: supplementary

Two-person Panels

Changes to, and revocation of, development consent orders

Mayoral development orders

Easements etc affecting land

Expenditure of Greater London Authority on housing or regeneration

Provision in building regulations for off-site carbon abatement measures

Provision in building regulations for off-site carbon abatement measures

Levy on holders of certain energy industry licences

Levy on holders of certain energy industry licences

Reimbursement of persons who have met expenses of making electrical connections

Power to abolish Public Works Loan Commissioners

Power to abolish Public Works Loan Commissioners

Regulations and orders

Public Records Act 1958 (c. 51)

Parliamentary Commissioner Act 1967 (c. 13)

Road Traffic Regulation Act 1984 (c. 27)

Transport Act 1985 (c. 67)

Dartford-Thurrock Crossing Act 1988 (c. 20)

Road Traffic Act 1988 (c. 52)

Town and Country Planning Act 1990 (c. 8)

Environmental Protection Act 1990 (c. 43)

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

Transport Act 2000 (c. 38)

Traffic Management Act 2004 (c. 18)

Civil Contingencies Act 2004 (c. 36)

Planning Act 2008 (c. 29)

Introductory

Step 1: the Secretary of State's proposals

Step 2: the strategic highways company's response

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

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

Application and commencement of scheme

Property, rights and liabilities that may be transferred

Dividing and modifying transferor's property, rights and liabilities

Obligation to effect transfers etc under a scheme

Effect of scheme

Powers and duties under statutory provisions

Supplementary provisions of schemes

Modification of a scheme by agreement

Continuity of employment etc

Compensation for third parties

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

Interpretation

Law of Property Act 1925 (c. 20)

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

Cheshire County Council Act 1953 (c. xl)

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

Rights of Light Act 1959 (c. 56)

Leasehold Reform Act 1967 (c. 88)

Land Compensation Act 1973 (c. 26)

Interpretation Act 1978 (c. 30)

Highways Act 1980 (c. 66)

Disused Burial Grounds (Amendment) Act 1981 (c. 18)

Compulsory Purchase (Vesting Declarations) Act 1981 (c. 66)

Leasehold Reform, Housing and Urban Development Act 1993 (c. 28)

Local Government (Wales) Act 1994 (c. 19)

Power for Parts 1 and 3 to be applied gradually to local authority areas

Duty of local authorities to assist Chief Land Registrar

Continuity of functions

Compensation

Interpretation

“Right to buy regulations”

Kinds of facilities in relation to which right to buy exercisable

Identification of qualifying facilities

The promoter

The community

The members of the community

Kinds of stake which may be bought through the right to buy

Particular kind of stake which may be bought in particular facility

The price of the stakes

Total value of the offer

Buying a stake

Excessive or insufficient take-up

Subsequent disposal of a stake

“Operator and ownership regulations”

Bodies that may be facility operators

Constitutions of facility operators

Ownership of facility operators

Conduct of owners of facility operators

Revenues

“Information regulations”

Particular kinds of information

Possible buyers of stakes

Prospective buyers of stakes

Applicants for stakes

Owners of stakes

Interpretation

The amount of the levy

Basis of amount

Amounts payable by different categories of licence holders

Exemptions

Unpaid levy

Conferral of functions

Categories of licence holders

Interpretation

Editorial notes

[^c22564471]: S. 1 partly in force; s. 1 in force for specified purposes at Royal Assent, see s. 57(1)(a)

[^c22510471]: S. 7 partly in force; s. 7 in force for specified purposes at Royal Assent, see s. 57(1)(a)

[^c22469021]: S. 9 partly in force; s. 9 in force for specified purposes at Royal Assent, see s. 57(1)(a)

[^c22469031]: S. 10 partly in force; s. 10 in force for specified purposes at Royal Assent, see s. 57(1)(a)

[^c22469051]: S. 16 partly in force; s. 16 in force for specified purposes at Royal Assent, see s. 57(1)(a)

[^c22469061]: S. 18 partly in force; s. 18 in force for specified purposes at Royal Assent, see s. 57(1)(a)

[^c22469071]: S. 19 partly in force; s. 19 in force for specified purposes at Royal Assent, see s. 57(1)(a)

[^c22469101]: S. 28 partly in force; s. 28 in force for specified purposes at Royal Assent, see s. 57(5)(b)

[^c22469081]: S. 30 partly in force; s. 30 in force for specified purposes at Royal Assent, see s. 57(5)(d)

[^c22469121]: Sch. 4 para. 1 partly in force; Sch. 4 para. 1 in force for specified purposes at Royal Assent, see s. 57(5)(d)

[^c22469141]: Sch. 4 para. 19 partly in force; Sch. 4 para. 19 in force for specified purposes at Royal Assent, see s. 57(5)(d)

[^key-1e750cb298198ef910e8dee1ad49a8cf]: S. 7 in force at 5.3.2015 in so far as not already in force by S.I. 2015/481, reg. 2(a)

[^key-7fda05637c21ce405fc0dd08b6424bba]: S. 9 in force at 5.3.2015 in so far as not already in force by S.I. 2015/481, reg. 2(a)

[^key-53b5f2497ebf7e12bb8d30de22f0695c]: S. 10 in force at 5.3.2015 in so far as not already in force by S.I. 2015/481, reg. 2(a)

[^key-fb6eb714bce3f36f025cc04adc385240]: S. 16 in force at 5.3.2015 in so far as not already in force by S.I. 2015/481, reg. 2(a)

[^key-5eb62fd55e673b86bd72510bac41229d]: S. 18 in force at 5.3.2015 in so far as not already in force by S.I. 2015/481, reg. 2(a)

[^key-9f2e4712c10f37bd2323e1349b29d955]: S. 19 in force at 5.3.2015 in so far as not already in force by S.I. 2015/481, reg. 2(a)

[^key-4b05c5a3fff52d4f6c73c433d21063b5]: S. 24 in force at 5.3.2015 for E. by S.I. 2015/481, reg. 2(b)

[^key-a02d30af05a31e58f6860adc249c113d]: S. 25 in force at 5.3.2015 for E. by S.I. 2015/481, reg. 2(c)

[^key-68b3e7a161709dad6c4a2d5af89e9c96]: S. 1 in force at 5.3.2015 by S.I. 2015/481, reg. 2(a)

[^key-4a298a38789225f5126afa841549414b]: S. 2 in force at 5.3.2015 by S.I. 2015/481, reg. 2(a)

[^key-463d50e20e966377c419116e2419d9de]: S. 3 in force at 5.3.2015 by S.I. 2015/481, reg. 2(a)

[^key-33dc5cd1194d49129049ca36a404ae58]: S. 4 in force at 5.3.2015 by S.I. 2015/481, reg. 2(a)

[^key-06659b31e6305bd74c2ed9ea10a825d1]: S. 5 in force at 5.3.2015 by S.I. 2015/481, reg. 2(a)

[^key-95a995b78f81b097e6146f5e26f1180e]: S. 6 in force at 5.3.2015 by S.I. 2015/481, reg. 2(a)

[^key-97c1a87bd2acaad0a1c95967ab25607b]: S. 8 in force at 5.3.2015 by S.I. 2015/481, reg. 2(a)

[^key-734451d328a17e1c609a8c143ccd4c36]: S. 11 in force at 5.3.2015 by S.I. 2015/481, reg. 2(a)

[^key-fb69f07e258e125e7aad4a2d8ef75789]: S. 12 in force at 5.3.2015 by S.I. 2015/481, reg. 2(a)

[^key-d1b220fb08fc1472fbcd13530eed89ea]: S. 13 in force at 5.3.2015 by S.I. 2015/481, reg. 2(a)

[^key-809de62cce43deea47686f5569857181]: S. 14 in force at 5.3.2015 by S.I. 2015/481, reg. 2(a)

[^key-60f659d398bc3f5248461bc6fc9d11c5]: S. 15 in force at 5.3.2015 by S.I. 2015/481, reg. 2(a)

[^key-ca361c7fc5f041068231dff022b89d42]: S. 17 in force at 5.3.2015 by S.I. 2015/481, reg. 2(a)

[^key-d944120ea64bf80a7e687f234b0cdabc]: S. 20 in force at 5.3.2015 by S.I. 2015/481, reg. 2(a)

[^key-3e7f1ba21f61c3506b213f3ba4be4c12]: Sch. 1 para. 1 in force at 5.3.2015 by S.I. 2015/481, reg. 2(a)

[^key-63de4453b924ade315a6f9bdbeee67a3]: Sch. 1 para. 2 in force at 5.3.2015 by S.I. 2015/481, reg. 2(a)

[^key-391a336fd69eac26cbe841b91f1f206d]: Sch. 1 para. 3 in force at 5.3.2015 by S.I. 2015/481, reg. 2(a)

[^key-64c718cb90a9eb1d825b3b74425f2ceb]: Sch. 1 para. 4 in force at 5.3.2015 by S.I. 2015/481, reg. 2(a)

[^key-607fac8287f5bd26f3084db2736fbbc8]: Sch. 1 para. 5 in force at 5.3.2015 by S.I. 2015/481, reg. 2(a)

[^key-a720253ff742ab10a223e34a32da9b31]: Sch. 1 para. 6 in force at 5.3.2015 by S.I. 2015/481, reg. 2(a)

[^key-96fe4bffe4c106595e1208478cb806f7]: Sch. 1 para. 7 in force at 5.3.2015 by S.I. 2015/481, reg. 2(a)

[^key-f85df132de47d6e8bc7e02004f268848]: Sch. 1 para. 8 in force at 5.3.2015 by S.I. 2015/481, reg. 2(a)

[^key-ffc863dfd70004139cbc890674636807]: Sch. 1 para. 9 in force at 5.3.2015 by S.I. 2015/481, reg. 2(a)

[^key-d922034264eb2f79f63418d534c4f867]: Sch. 1 para. 10 in force at 5.3.2015 by S.I. 2015/481, reg. 2(a)

[^key-c4488d70ee9f6034ab44098f38ac4d6c]: Sch. 1 para. 11 in force at 5.3.2015 by S.I. 2015/481, reg. 2(a)

[^key-c06ba5272a5f4e92a7c0c20def162e08]: Sch. 1 para. 12 in force at 5.3.2015 by S.I. 2015/481, reg. 2(a)

[^key-8fe5840ad1ba75f1640e53c99ab84829]: Sch. 1 para. 13 in force at 5.3.2015 by S.I. 2015/481, reg. 2(a)

[^key-d13785bb81647e9e01dc356fff0cb4ef]: Sch. 1 para. 14 in force at 5.3.2015 by S.I. 2015/481, reg. 2(a)

[^key-51a68b5b062a6ec30ad182b06b9f0de5]: Sch. 1 para. 15 in force at 5.3.2015 by S.I. 2015/481, reg. 2(a)

[^key-4260bbdf1ca1587fc112470b0765a5c4]: Sch. 1 para. 16 in force at 5.3.2015 by S.I. 2015/481, reg. 2(a)

[^key-a4b558faf1c00e62c18b769c2633ec5e]: Sch. 1 para. 17 in force at 5.3.2015 by S.I. 2015/481, reg. 2(a)

[^key-86389add943fcc481243500e6345e0dc]: Sch. 1 para. 18 in force at 5.3.2015 by S.I. 2015/481, reg. 2(a)

[^key-84ab13cc2736e9b07bc482989caaccd0]: Sch. 1 para. 19 in force at 5.3.2015 by S.I. 2015/481, reg. 2(a)

[^key-e4338840fdc308e8abaec6e260fb6176]: Sch. 1 para. 20 in force at 5.3.2015 by S.I. 2015/481, reg. 2(a)

[^key-ce81cb9063f865519346b8a65d4863c2]: Sch. 1 para. 21 in force at 5.3.2015 by S.I. 2015/481, reg. 2(a)

[^key-bc7f532e211054029738fe1fdeddab21]: Sch. 1 para. 22 in force at 5.3.2015 by S.I. 2015/481, reg. 2(a)

[^key-303edc9d71732bc73a938249a0f712c4]: Sch. 1 para. 23 in force at 5.3.2015 by S.I. 2015/481, reg. 2(a)

[^key-e0dbc67a5f62e1b00402155685b83f01]: Sch. 1 para. 24 in force at 5.3.2015 by S.I. 2015/481, reg. 2(a)

[^key-4c8495a99cdde8b7c3eff1919fff8f1b]: Sch. 1 para. 25 in force at 5.3.2015 by S.I. 2015/481, reg. 2(a)

[^key-c1087b5279e34a859acae2c86e8bb92d]: Sch. 1 para. 26 in force at 5.3.2015 by S.I. 2015/481, reg. 2(a)

[^key-9d89471eecb4c2e7c744cef369e23281]: Sch. 1 para. 27 in force at 5.3.2015 by S.I. 2015/481, reg. 2(a)

[^key-1416e84f490f839055494720ea56a014]: Sch. 1 para. 28 in force at 5.3.2015 by S.I. 2015/481, reg. 2(a)

[^key-63064300981d0e60b743bb3777530c1e]: Sch. 1 para. 29 in force at 5.3.2015 by S.I. 2015/481, reg. 2(a)

[^key-e9c10af5ca8e4599c901f661d99ee43a]: Sch. 1 para. 30 in force at 5.3.2015 by S.I. 2015/481, reg. 2(a)

[^key-56005c3abfc4f2db9b8097293d254d7d]: Sch. 1 para. 31 in force at 5.3.2015 by S.I. 2015/481, reg. 2(a)

[^key-f631e6e601af6e38f711f4d428e73d08]: Sch. 1 para. 32 in force at 5.3.2015 by S.I. 2015/481, reg. 2(a)

[^key-8ed250c74944b3a7562be98125f30463]: Sch. 1 para. 33 in force at 5.3.2015 by S.I. 2015/481, reg. 2(a)

[^key-bb6d516123123c6d1fc3103a08416b70]: Sch. 1 para. 34 in force at 5.3.2015 by S.I. 2015/481, reg. 2(a)

[^key-0f7dbc4ad4bf717ef68ec0f94c4c7b5f]: Sch. 1 para. 35 in force at 5.3.2015 by S.I. 2015/481, reg. 2(a)

[^key-3b601b7f2a58761c41dd0b3acf656c34]: Sch. 1 para. 36 in force at 5.3.2015 by S.I. 2015/481, reg. 2(a)

[^key-0f266726e12165e8690a0f7ecf813252]: Sch. 1 para. 37 in force at 5.3.2015 by S.I. 2015/481, reg. 2(a)

[^key-de761be209255e58e78bcdb9a0c82bc3]: Sch. 1 para. 38 in force at 5.3.2015 by S.I. 2015/481, reg. 2(a)

[^key-7a63a61670907e4ba1aabe44a0a81c0b]: Sch. 1 para. 39 in force at 5.3.2015 by S.I. 2015/481, reg. 2(a)

[^key-f86e861e5b5954929c61abfcd022085e]: Sch. 1 para. 40 in force at 5.3.2015 by S.I. 2015/481, reg. 2(a)

[^key-896803c26df01b39a4d808271afe2a7a]: Sch. 1 para. 41 in force at 5.3.2015 by S.I. 2015/481, reg. 2(a)

[^key-46f63793999b55afc653867612a7ac7f]: Sch. 1 para. 42 in force at 5.3.2015 by S.I. 2015/481, reg. 2(a)

[^key-614102767bc43f4de6d651a8643ba8a3]: Sch. 1 para. 43 in force at 5.3.2015 by S.I. 2015/481, reg. 2(a)

[^key-c1adefdce3e3c7c6706eec66a27b0cf1]: Sch. 1 para. 44 in force at 5.3.2015 by S.I. 2015/481, reg. 2(a)

[^key-3983954d8ced0d4f702f5acc65373ee3]: Sch. 1 para. 45 in force at 5.3.2015 by S.I. 2015/481, reg. 2(a)

[^key-b60ac09172f8e03b8cbadc84a51a5c57]: Sch. 1 para. 46 in force at 5.3.2015 by S.I. 2015/481, reg. 2(a)

[^key-e0108c9609c72e568e5899e7a56a5aa4]: Sch. 1 para. 47 in force at 5.3.2015 by S.I. 2015/481, reg. 2(a)

[^key-725085c84b9b515066e6228a28b59338]: Sch. 1 para. 48 in force at 5.3.2015 by S.I. 2015/481, reg. 2(a)

[^key-13a06aba0d44e83ba2949bf37cf0c439]: Sch. 1 para. 49 in force at 5.3.2015 by S.I. 2015/481, reg. 2(a)

[^key-d068a24eee10b4575725b5d55dd258be]: Sch. 1 para. 50 in force at 5.3.2015 by S.I. 2015/481, reg. 2(a)

[^key-4472f314447f2ac63bf8c1e80b1d71e3]: Sch. 1 para. 51 in force at 5.3.2015 by S.I. 2015/481, reg. 2(a)

[^key-6a4100d20180bf6946564e6e9a692c91]: Sch. 1 para. 52 in force at 5.3.2015 by S.I. 2015/481, reg. 2(a)

[^key-459a663c63ce7ba7e711dc09231b7d9f]: Sch. 1 para. 53 in force at 5.3.2015 by S.I. 2015/481, reg. 2(a)

[^key-61c27bfe0927ca904b7ab53ff8c301fa]: Sch. 1 para. 54 in force at 5.3.2015 by S.I. 2015/481, reg. 2(a)

[^key-b480c1b0a472fb2505a844a7c14f3b18]: Sch. 1 para. 55 in force at 5.3.2015 by S.I. 2015/481, reg. 2(a)

[^key-41c2117a3e90327c7e8c00448b554204]: Sch. 1 para. 56 in force at 5.3.2015 by S.I. 2015/481, reg. 2(a)

[^key-d1b71164a280fb721ff40b609ee186e5]: Sch. 1 para. 57 in force at 5.3.2015 by S.I. 2015/481, reg. 2(a)

[^key-75789eb5a9f1521282cb53a8a2acbca8]: Sch. 1 para. 58 in force at 5.3.2015 by S.I. 2015/481, reg. 2(a)

[^key-e35c845534354e8a4e2f3b943fe60f51]: Sch. 1 para. 59 in force at 5.3.2015 by S.I. 2015/481, reg. 2(a)

[^key-9e085a85ecdbe83a8c9ca36858130ad2]: Sch. 1 para. 60 in force at 5.3.2015 by S.I. 2015/481, reg. 2(a)

[^key-647c6d4c75edefb0a0b251d071e5040a]: Sch. 1 para. 61 in force at 5.3.2015 by S.I. 2015/481, reg. 2(a)

[^key-36e1e16a96920acc57f5dd499911c816]: Sch. 1 para. 62 in force at 5.3.2015 by S.I. 2015/481, reg. 2(a)

[^key-8974477fa004a694a4879302a75e7990]: Sch. 1 para. 63 in force at 5.3.2015 by S.I. 2015/481, reg. 2(a)

[^key-31be2b9caf6c62d571f1dfabcf93dd1a]: Sch. 1 para. 64 in force at 5.3.2015 by S.I. 2015/481, reg. 2(a)

[^key-cecbae6865adbdc8c7e1dad2d2711137]: Sch. 1 para. 65 in force at 5.3.2015 by S.I. 2015/481, reg. 2(a)

[^key-4a3581d58cbcdf8eb67dd7a35c7900a5]: Sch. 1 para. 66 in force at 5.3.2015 by S.I. 2015/481, reg. 2(a)

[^key-a84a4fb967a71bf37ebce4b34b418ccb]: Sch. 1 para. 67 in force at 5.3.2015 by S.I. 2015/481, reg. 2(a)

[^key-755530a6d5f47620c80ef16a1c9cd44d]: Sch. 1 para. 68 in force at 5.3.2015 by S.I. 2015/481, reg. 2(a)

[^key-bd9fbddb4c4b6059eebfbb6102ab93d4]: Sch. 1 para. 69 in force at 5.3.2015 by S.I. 2015/481, reg. 2(a)

[^key-773c21927de3d4d6f4614101259beeac]: Sch. 1 para. 70 in force at 5.3.2015 by S.I. 2015/481, reg. 2(a)

[^key-335a5ab936e7267ebd4634aba0187bdd]: Sch. 1 para. 71 in force at 5.3.2015 by S.I. 2015/481, reg. 2(a)

[^key-c7515e03d55b6b3f217c58285f0a2a27]: Sch. 1 para. 72 in force at 5.3.2015 by S.I. 2015/481, reg. 2(a)

[^key-c4e5c78d0599e61819f9b938e2651200]: Sch. 1 para. 73 in force at 5.3.2015 by S.I. 2015/481, reg. 2(a)

[^key-e7ab13c3a45c28f523104c2646508f82]: Sch. 1 para. 74 in force at 5.3.2015 by S.I. 2015/481, reg. 2(a)

[^key-195583c8f254f971ff0961f39994fb91]: Sch. 1 para. 75 in force at 5.3.2015 by S.I. 2015/481, reg. 2(a)

[^key-09efdc4505aff6508584df44382636b5]: Sch. 1 para. 76 in force at 5.3.2015 by S.I. 2015/481, reg. 2(a)

[^key-1194ae169f72884eb95232a5cbf30a84]: Sch. 1 para. 77 in force at 5.3.2015 by S.I. 2015/481, reg. 2(a)

[^key-e31c4e02895f7a0c1181b4053116d7b5]: Sch. 1 para. 78 in force at 5.3.2015 by S.I. 2015/481, reg. 2(a)

[^key-fcf21d55d9c42bdef326293b8102446b]: Sch. 1 para. 79 in force at 5.3.2015 by S.I. 2015/481, reg. 2(a)

[^key-4b8729b956a1e2c205f6ada177fe37c8]: Sch. 1 para. 80 in force at 5.3.2015 by S.I. 2015/481, reg. 2(a)

[^key-94c0f9b4080d98c58d29e9ce447df3ee]: Sch. 1 para. 81 in force at 5.3.2015 by S.I. 2015/481, reg. 2(a)

[^key-8daaf4b583927705abcab7444eac3dba]: Sch. 1 para. 82 in force at 5.3.2015 by S.I. 2015/481, reg. 2(a)

[^key-1b6975fdb1808ac3522a749f64d88403]: Sch. 1 para. 83 in force at 5.3.2015 by S.I. 2015/481, reg. 2(a)