Planning and Infrastructure Act 2025

• (a) consent granted under section 36 or 37 of the Electricity Act 1989 (consent for construction etc of generating stations or for overhead lines), or

• (b) variation of consent granted under section 36 of that Act.

• (2) That provision is—

• (a) provision for the Scottish Ministers to refuse an application in respect of Schedule 2 development that is not accompanied by an EIA report if the development has not been the subject of a screening opinion;

• (b) provision for the Scottish Ministers to charge developers fees for screening opinions and scoping opinions;

• (c) provision about the sending of copies of EIA reports to the Scottish Ministers;

• (d) provision about the publication by developers of the information listed in regulation 14(2) of the 2017 Regulations (information about EIA reports);

• (e) provision about making EIA reports available for inspection;

• (f) provision about time limits for the consultation bodies and other public bodies to make representations to the Scottish Ministers about scoping opinions and EIA reports;

• (g) provision about time limits for the consultation bodies and other public bodies to enter into consultation with developers about, and to make available, information relevant to the preparation of EIA reports;

• (h) provision about time limits for developers to provide additional information to the Scottish Ministers;

• (i) provision about the publication by developers of the information listed in regulation 20(3) of the 2017 Regulations (information about additional information);

• (j) provision about making additional information available for inspection;

• (k) provision about the publication by developers of the information listed in regulation 23(2) of the 2017 Regulations (information about decisions);

• (l) provision that the Secretary of State or the Scottish Ministers consider appropriate for securing that the procedures under the 2017 Regulations operate effectively, or more effectively, alongside the procedures under regulations made under section 36C of the Electricity Act 1989 or paragraph 1A or 7B of Schedule 8 to that Act (inserted by section 19 of this Act).

• (3) The Secretary of State or the Scottish Ministers may by regulations amend the 2017 Regulations by making provision described in subsection (4) in connection with environmental impact assessments and applications made to the Scottish Ministers for variation of consent granted under section 37 of the Electricity Act 1989.

• (4) That provision is—

• (a) provision requiring an environmental impact assessment in respect of the proposed variation to be carried out before Scottish Ministers—

• (i) vary the consent, or

• (ii) direct that planning permission is deemed to be granted under section 57(2) or (2ZA) of the Town and Country Planning (Scotland) Act 1997 in respect of EIA development;

• (b) provision requiring the Scottish Ministers to take the environmental information into account when carrying out an environmental impact assessment in respect of the proposed variation;

• (c) provision applying provisions of the 2017 Regulations (including provisions amended by regulations under subsection (1)), with or without modifications;

• (d) provision that the Secretary of State or the Scottish Ministers consider appropriate for securing that the procedures under the 2017 Regulations operate effectively, or more effectively, alongside the procedures under regulations made under section 37A of the Electricity Act 1989 (inserted by section 20 of this Act).

• (5) Regulations under this section may—

• (a) make different provision for different purposes or different areas;

• (b) make consequential or supplementary provision;

• (c) make transitional provision.

• (6) Regulations under this section made by the Secretary of State are to be made by statutory instrument.

• (7) A statutory instrument containing regulations made by the Secretary of State under this section is subject to annulment in pursuance of a resolution of either House of Parliament.

• (8) Before making regulations under this section, the Secretary of State must consult the Scottish Ministers.

• (9) For regulations under this section made by the Scottish Ministers, see section 27 of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10) (Scottish statutory instruments).

• (10) Regulations made by the Scottish Ministers under this section are subject to the negative procedure (see section 28 of the Interpretation and Legislative Reform (Scotland) Act 2010 (asp 10)).

• (11) Before making regulations under this section, the Scottish Ministers must consult the Secretary of State.

• (12) In this section, subject to subsection (13), the following terms have the same meaning as they have in the 2017 Regulations—

• “additional information”

• “the consultation bodies”

• “developer”

• “EIA development”

• “EIA report”

• “environmental impact assessment”

• “environmental information”

• “Schedule 2 development”

• “scoping opinion”

• “screening opinion”.

• (13) In subsections (3) and (4), those terms have the same meaning in connection with applications for variation of consent granted under section 37 of the Electricity Act 1989 as they have, in the 2017 Regulations, in connection with applications for variation of consent granted under section 36 of that Act.

Long duration electricity storage

Long duration electricity storage

26

In the Electricity Act 1989, after section 10O insert—

(10P) (1) The Authority must, as soon as reasonably practicable after this section comes into force, establish and operate a scheme in accordance with this section. (2) The scheme must be designed for the purpose of encouraging the development and use of long duration electricity storage installations. (3) The scheme must be open to persons who— (a) hold or intend to apply for a generation licence to operate a long duration electricity storage installation, and (b) meet any other specified criteria. (4) The scheme must provide for an LDES operator who operates an approved installation— (a) to receive payments from a holder of an electricity system operator licence where the operator’s assessed revenue from that installation is below a specified amount, in specified circumstances, and (b) to make payments to a holder of an electricity system operator licence where the operator’s assessed revenue from that installation is above a specified amount, in specified circumstances. (5) In subsection (4)— - “an approved installation” means a long duration electricity storage installation which is approved by the Authority for the purposes of subsection (4) in accordance with the scheme; - “assessed revenue”, in relation to a long duration electricity storage installation, means the difference between— revenue of a specified kind earned or derived in connection with that installation, and costs of a specified kind incurred in connection with operating the installation. (6) The Authority may determine how costs and revenue are to be calculated for the purposes of the scheme. (7) In setting charges to which Article 18(1) of the Electricity Regulation applies, the holder of an electricity system operator licence may take account of payments it makes or receives under the scheme. (8) In this section— - “LDES operator” means a person who, under a generation licence, generates electricity by means of a long duration electricity storage installation; - “long duration electricity storage installation” means an installation that— generates electricity from stored energy, has an electricity generating capacity of not less than 50 megawatts, and is capable of generating electricity at its full capacity for a continuous period of not less than eight hours; - “specified” means specified by the Authority for the purposes of the scheme in— a document published by the Authority, or a condition of a licence; - “stored energy” has the meaning given by section 4(3ZB). (9) The Secretary of State may by regulations amend the definition of “long duration electricity storage installation” by substituting— (a) for the amount of electricity generating capacity for the time being mentioned in paragraph (b) of the definition, a different amount; (b) for the period for the time being mentioned in paragraph (c) of the definition, a different period (which may not be less than eight hours).

Consumer benefits

Benefits for homes near electricity transmission projects

27

• (1) The Electricity Act 1989 is amended as follows.

• (2) After section 38 insert—

(38A) (1) The Secretary of State may by regulations establish a scheme under which persons with a specified connection to qualifying premises are entitled to financial benefits provided (directly or indirectly) by electricity suppliers. (2) Qualifying premises must be identified by reference to their proximity to qualifying works. (3) Qualifying works must involve the construction, erection, expansion or improvement of electrical plant or an electric line that (in either case)— (a) is wholly or partly above the ground, and (b) forms or is intended to form part of a transmission system. They may be works that took place before the making of the regulations or the coming into force of this section. (4) The regulations may (among other things)— (a) make further provision determining, or for the determination of, whether premises or works are qualifying; (b) confer functions in connection with the scheme; (c) provide for the delegation of functions conferred in connection with the scheme; (d) provide for payments by electricity suppliers to meet costs incurred in the carrying out of functions in connection with the scheme; (e) provide for the costs of electricity suppliers under the scheme to be distributed among suppliers on such basis, and by such means, as the regulations provide; (f) restrict a person’s ability to obtain payment of an amount standing to the credit of the person’s account with an electricity supplier, where that amount derives from benefits under the scheme; (g) make provision about cases in which a person who has received benefits under the scheme in respect of premises ceases to be entitled under the scheme in respect of the premises, including provision for the withdrawal or recovery of the benefits; (h) make pass-through provision and associated provision (see section 38B); (i) make enforcement provision (see section 38C); (j) make information provision (see section 38D). (5) To the extent that this section enables provision to be made affecting the holders of licences, provision for that purpose may be made by modifying, or empowering or requiring the Authority to modify— (a) the conditions of a licence, or (b) a document maintained in accordance with the conditions of a licence, or an agreement that gives effect to a document so maintained. (6) A statutory instrument containing regulations under this section may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament. (7) A draft laid under subsection (6) is not to be treated as a hybrid instrument for the purposes of the standing orders of either House of Parliament. (8) Regulations under this section bind the Crown unless they provide otherwise. (9) The Secretary of State may, out of money provided by Parliament, make payments to a person on whom functions are conferred by regulations under this section for the purposes of meeting (or helping to meet) the expenses of carrying out those functions. (38B) (1) This section applies for the purposes of section 38A(4)(h). (2) “Pass-through provision” is provision that— (a) applies where— (i) one person (“the intermediary”) receives benefits under the scheme in connection with qualifying premises, and (ii) another person (“the end-user”) who is not living as part of the same household as the intermediary consumes electricity supplied to the premises, and (b) requires the intermediary to pass on the substance of those benefits to the end-user. (3) “Associated provision” means provision that relates to pass-through provision and— (a) requires intermediaries to take steps to obtain benefits that will be subject to the requirement referred to in subsection (2)(b), (b) requires intermediaries to supply information to end-users, (c) provides for the making of payments to intermediaries (in addition to the provision of benefits of the sort mentioned in section 38A(1)), or (d) provides for the withdrawal or recovery of benefits given or other payments made to intermediaries who fail to comply with the requirement referred to in subsection (2)(b). (4) For the purposes of subsection (2)(a)(ii), the cases in which electricity is consumed by a person include those in which the electricity is used to make available to the person heating, cooling, hot water or energy. (38C) (1) In section 38A(4)(i), “enforcement provision” means— (a) provision for the enforcement in civil proceedings of requirements under the scheme, (b) provision for a person to impose a monetary penalty where the person is satisfied on the balance of probabilities that— (i) a requirement under the regulations has not been complied with, or (ii) benefits or other payments under the scheme have been wrongfully obtained, or (c) provision for complaints procedures, dispute resolution, adjudication, appeals or redress in connection with the scheme. (2) If regulations under section 38A provide for the imposition of monetary penalties, they must provide a right of appeal to a court or tribunal on grounds including both error of fact and error of law. (3) The provision that may be made by virtue of subsection (1)(c) includes provision for Part 2 of the Consumers, Estate Agents and Redress Act 2007 (complaints handling and redress schemes) to apply (with or without modifications) to end-user complaints as it applies to consumer complaints within the meaning of that Part. (4) In subsection (3), “end-user complaints” means complaints in connection with pass-through provision made by end-users against intermediaries or electricity suppliers (with the definitions in section 38B applying for the purposes of this subsection). (38D) (1) In section 38A(4)(j), “information provision” means provision within subsection (2) or (3). (2) Provision is within this subsection if it is provision for the disclosure of information or evidence for the purposes of— (a) identifying persons entitled to benefits under the scheme, (b) identifying qualifying premises or qualifying works, (c) checking whether requirements under, or resulting from, the regulations are being or have been complied with, (d) checking payments made under the scheme, (e) facilitating the performance of functions conferred, or the enforcement of duties imposed, by or as a result of the regulations, or (f) evaluating the performance of the scheme. (3) Provision is within this subsection if it is provision about the use or further disclosure of information disclosed— (a) further to provision within subsection (2), or (b) otherwise in connection with the scheme. (4) The provision that may be made by virtue of subsection (3) includes provision making it an offence to use or disclose information in an unauthorised manner; but such an offence may not be made punishable by imprisonment. (5) Regulations under section 38A that authorise the use or disclosure of information are not to be taken to authorise disclosure or use that would be liable to harm the commercial interests of any person, except to the extent that— (a) the regulations otherwise provide, or (b) the person disclosing or using the information reasonably considers such disclosure or use necessary in view of the purpose of the regulations. (6) Regulations under section 38A do not require or authorise the disclosure or use of information that— (a) contravenes the data protection legislation (but this section and the regulations are to be taken into account in determining whether the disclosure or use would contravene that legislation), or (b) is prohibited by any of Parts 1 to 7 and Chapter 1 of Part 9 of the Investigatory Powers Act 2016. (7) In subsection (6), “the data protection legislation” has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act).

• (3) In section 106 (regulations and orders under the Act), in subsection (2ZA) (inserted by section 23(3)), after paragraph (a) insert—

(b) regulations under section 38A.

• (4) In paragraph 6 of Schedule 6A (requirements enforceable against suppliers under section 25), before sub-paragraph (a) insert—

(za) any provision of regulations under section 38A that is designated in the regulations as a relevant provision for the purposes of this paragraph;

Electricity transmission period

Electricity transmission systems: extension of commissioning period

28

In section 6G(1) of the Electricity Act 1989 (meaning of “commissioning period” for the purposes of determining whether a person is to be regarded as participating in the transmission of electricity), in paragraph (b), for “18 months” substitute “27 months”.

Electricity generation on forestry land

Use of forestry estate for renewable electricity

29

In the Forestry Act 1967, after section 3 insert—

(3A) (1) The Commissioners may— (a) use, or enter into arrangements in connection with the use of, English forestry land for the generation, storage, transmission or supply of renewable electricity; (b) sell, or enter into other arrangements concerning, renewable electricity generated, stored or supplied on, or transmitted across, English forestry land; (c) use, or enter into arrangements in connection with the use of, English forestry land for activity that— (i) is intended to satisfy, or enable the satisfaction of, a relevant condition of development (whether existing or contemplated), or (ii) otherwise arises in connection with such a condition. (2) For the purposes of subsection (1)(c), a relevant condition of development is a condition of development that— (a) relates to renewable electricity development located wholly or partly on English forestry land, and (b) is intended to benefit the natural environment of land. (3) The exercise of the powers in subsection (1) for either of the following purposes is to be taken to be consistent with the Commissioners’ general duty under section 1(2)— (a) facilitating or promoting the use of renewable electricity; (b) obtaining funds for meeting the expenses referred to in section 41(2). (4) When the Commissioners are considering the exercise of those powers, section 1(3A) applies as if it included a further paragraph referring to those purposes. (5) In this section— - “condition of development” means— a condition to which planning permission is subject, or a requirement contained in an order granting development consent under the Planning Act 2008 (development consent for nationally significant infrastructure); - “English forestry land” means land placed at the disposal of the Commissioners under this Act; - “natural environment”, in relation to land, includes— its plants, animals and other living organisms, their habitats, and its geological features; - “renewable electricity” means electricity produced from sources other than— coal, lignite, peat, natural gas, within the meaning of the Energy Act 1976, crude liquid petroleum, petroleum products, within the meaning of the Energy Act 1976, any substance produced directly or indirectly from a substance within paragraphs (a) to (f), energy derived from any substance within paragraphs (a) to (g), or nuclear fuel; - “renewable electricity development” means development the main purpose of which is the generation, storage, transmission or supply of renewable electricity. (6) References in this section to the storage of electricity are to the storage of energy converted from electricity for the purpose of its reconversion into electricity. (3B) (1) The Secretary of State may make regulations that, in a case within subsection (2), require the consent of the Secretary of State to an exercise of the Commissioners’ powers under section 3A. (2) The cases are those where— (a) a proposed exercise of the powers is intended to enable the construction on English forestry land of the whole or part of a generating station (including an extension to an existing station), and (b) the capacity threshold is exceeded. (3) In the case of the construction of a new generating station, the capacity threshold is exceeded if it is expected that the generating capacity of the station would equal or exceed the relevant wattage. (4) In the case of an extension to an existing station, the capacity threshold is exceeded if it is expected that— (a) the extension would cause the generating capacity of the station to equal or exceed the relevant wattage, or (b) the extension, whether alone or taken together with previous non-consented extensions, would increase the generating capacity of the station by at least the relevant wattage. (5) An extension is “non-consented” for the purposes of subsection (4)(b) if— (a) it was enabled by an exercise of the Commissioners’ powers under section 3A, and (b) that exercise of those powers did not have the consent of the Secretary of State under regulations under subsection (1). (6) But an extension ceases to be “non-consented” for those purposes if— (a) a subsequent extension to the station in question is constructed having been enabled by an exercise of the Commissioners’ powers under section 3A, and (b) that exercise of those powers had the consent of the Secretary of State under regulations under subsection (1). (7) The relevant wattage is— (a) 5 megawatts, if the station generates electricity from wind, and (b) 50 megawatts, if it does not. (8) The Secretary of State may by regulations amend this section so as to change the relevant wattage (including by adding or combining categories of station in relation to which a particular wattage is prescribed). (9) In calculating the relevant wattage there is to be disregarded— (a) in the case of a generating station only partly situated on English forestry land, any generating capacity that can be attributed to parts not situated on English forestry land; (b) in the case of a generating station whose capacity is provided in part by facilities for the storage of electricity and in part by other means, the capacity provided by those facilities. (10) In this section— - “generating station” has the same meaning as in Part 1 of the Electricity Act 1989 (see section 64(1)); - “storage” is to be read in accordance with section 3A(6). (3C) (1) Regulations under section 3B(1) may— (a) make provision about the process by which consent is to be sought and given or refused; (b) provide for consent to be given subject to conditions. (2) Regulations under section 3B may— (a) make different provision for different purposes or areas; (b) include consequential, incidental, supplementary, transitional or saving provision. (3) Regulations under section 3B are to be made by statutory instrument. (4) A statutory instrument containing (whether alone or with other provision) regulations under section 3B(8) may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament. (5) A statutory instrument containing regulations under section 3B(1) (but not regulations under section 3B(8)) is subject to annulment in pursuance of a resolution of either House of Parliament.

Wind generating stations and seismic array systems

Wind generating stations that may affect seismic array systems

30

• (1) The Secretary of State may make regulations about planning permissions or consents relating to wind generating stations that may affect the functioning of a relevant seismic array system.

• (2) A “relevant seismic array system” is a spatially distributed system of linked seismometers, arranged so as to enhance the detection and characterisation of seismic signals, that—

• (a) is used for defence purposes, and

• (b) is in use on the day on which this Act is passed.

• (3) The regulations may provide for—

• (a) an exclusion zone, and

• (b) a restricted zone,

around a relevant seismic array system.

• (4) The regulations may—

• (a) require a planning decision-maker to refuse, or decline to determine or accept, a planning application relating to a wind generating station that is (or would be) situated in an exclusion zone;

• (b) provide that a relevant development order or MCA scheme may not be made if it would grant planning permission for development relating to a wind generating station that is (or would be) situated in an exclusion zone;

• (c) allow the Secretary of State to direct that a relevant development order or MCA scheme may not be made if it would grant such planning permission.

• (5) The regulations may, in relation to a planning application relating to a wind generating station that is (or would be) situated in a restricted zone—

• (a) require the applicant to provide specified information about the seismic impact of the proposals (“seismic impact information”) to which their application relates;

• (b) require the planning decision-maker to use the seismic impact information in a specified way when determining the application (including when determining conditions relating to a permission or consent);

• (c) require the planning decision-maker to refuse, or decline to determine or accept, the application in specified circumstances;

• (d) require the planning decision-maker to provide the Secretary of State with the seismic impact information, and to seek the Secretary of State’s views on the seismic impact of the proposals;

• (e) require the planning decision-maker to refuse, or decline to determine or accept, the application if the Secretary of State objects to it on grounds relating to the seismic impact of the proposals.

• (6) The regulations may—

• (a) require a person proposing to make a relevant development order or MCA scheme to consult the Secretary of State if the order or scheme would grant planning permission for development relating to a wind generating station that is (or would be) situated in a restricted zone;

• (b) allow the Secretary of State to direct that a relevant development order or MCA scheme may not be made if it would grant such planning permission.

• (7) The regulations may include provision about the procedure for planning applications to which they relate, such as—

• (a) provision enabling or requiring a planning decision-maker to decline to determine or accept an application;

• (b) provision modifying the process for determining an application;

• (c) provision allowing the Secretary of State to give a direction to the planning-decision maker about the procedure for an application;

• (d) provision modifying or disapplying a right of appeal or review;

• (e) provision disapplying a duty imposed on a planning decision-maker when determining an application.

• (8) The regulations may require a planning decision-maker to have regard to guidance issued by the Secretary of State.

• (9) Regulations under this section may—

• (a) amend or repeal provision contained in an Act of Parliament or an Act of the Scottish Parliament;

• (b) make different provision for different purposes or areas;

• (c) make provision binding the Crown;

• (d) make transitional, transitory or saving provision;

• (e) make incidental, supplementary or consequential provision.

• (10) Regulations under this section are to be made by statutory instrument.

• (11) A statutory instrument containing regulations under this section which amend or repeal provision contained in an Act of Parliament or an Act of the Scottish Parliament may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

• (12) Any other statutory instrument containing regulations under this section is subject to annulment in pursuance of a resolution of either House of Parliament.

• (13) If a draft of a statutory instrument containing regulations under this section would, apart from this subsection, be treated for the purposes of the standing orders of either House of Parliament as a hybrid instrument, it is to proceed in that House as if it were not such an instrument.

• (14) In this section—

• “MCA scheme” means a masterplan consent area scheme made under Part 3 of the Town and Country Planning (Scotland) Act 1997;

• “planning application” means— an application for planning permission under Part 3 or Part 13 of the Town and Country Planning Act 1990, an application for planning permission under Part 3 or Part 12 of the Town and Country Planning (Scotland) Act 1997, an application for an order granting development consent under section 37 of the Planning Act 2008, or an application under section 36 or 36C of the Electricity Act 1989 (consent for construction etc of generating station);

• “planning decision-maker” means a person who determines a planning application;

• “relevant development order” means— a local development order made under section 61A of the Town and Country Planning Act 1990; a Mayoral development order made under section 61DA of that Act; a neighbourhood development order made under section 61E of that Act; a development order made under section 30 of the Town and Country Planning (Scotland) Act 1997;

• “wind generating station” means a generating station that generates electricity from wind.

Chapter 3 — Transport infrastructure

Amendments to the Highways Act 1980

Fees for certain services

31

• (1) The Highways Act 1980 is amended as follows.

• (2) After section 281A (stamp duty land tax) insert—

(281B) (1) The appropriate national authority may by regulations make provision for, or in connection with, the charging of fees to highway authorities by prescribed public authorities, in relation to the provision of relevant services. (2) A “relevant service” means any advice, information or other assistance (including a response to a consultation) provided, whether or not to a highway authority, in connection with— (a) an order made, or proposed to be made, under Part 2, 6 or 12, or (b) any other prescribed matter relating to any of those Parts. (3) The regulations under subsection (1) may, in particular, make provision— (a) about when a fee (including a supplementary fee) may, and may not, be charged; (b) about the amount which may be charged; (c) about what may, and may not, be taken into account in calculating the amount charged; (d) about which highway authority is liable to pay a fee charged; (e) about when a fee charged is payable; (f) about the recovery of fees charged; (g) about waiver, reduction or repayment of fees; (h) about the effect of paying or failing to pay fees charged (including provision permitting a prescribed public authority to withhold a relevant service that it would otherwise be required to provide under an enactment until any outstanding fees for that service are paid); (i) for the supply of information for any purpose of the regulations; (j) conferring a function, including a function involving the exercise of a discretion, on any person. (4) A prescribed public authority must have regard to— (a) any guidance published by the Secretary of State in relation to the exercise of the authority’s functions under regulations made under this section by the Secretary of State; (b) any guidance published by the Welsh Ministers in relation to the exercise of the authority’s functions under regulations made under this section by the Welsh Ministers. (5) Regulations under this section may make— (a) different provision for different purposes or areas; (b) incidental, consequential, supplementary, transitional or transitory provision or savings. (6) In this section— - “appropriate national authority” means— in relation to England, the Secretary of State, and in relation to Wales, the Welsh Ministers; - “prescribed” means prescribed by regulations made by the appropriate national authority under this section; - “public authority” means any person certain of whose functions are of a public nature.

• (3) In section 325 (provisions as to regulations, schemes and orders)—

• (a) before subsection (2) insert—

(1B) The power of the Welsh Ministers to make regulations under section 281B is exercisable by statutory instrument.

• (b) in subsection (2)(a), after “8A” insert “or regulations made by the Welsh Ministers under section 281B”;

• (c) after subsection (2A) insert—

(2B) A statutory instrument containing regulations made by the Welsh Ministers under section 281B is subject to annulment in pursuance of a resolution of Senedd Cymru.

Power of strategic highways company in relation to trunk roads

32

• (1) Section 10 of the Highways Act 1980 (trunk roads) is amended as set out in subsections (2) to (6).

• (2) Omit subsection (2A).

• (3) In subsection (3), for “this section” substitute “subsection (2)”.

• (4) In subsection (3A), after “power” insert “under subsection (2)”.

• (5) In subsection (4), for “this section” substitute “subsection (2)”.

• (6) After subsection (4) insert—

(4A) A strategic highways company may by order direct— (a) that a highway for which the company is the highway authority is to become a trunk road, (b) in relation to a highway in the company’s area for which the company is not the highway authority, that— (i) the highway is to become a trunk road, and (ii) the company is to become the highway authority for it, or (c) that a trunk road for which the company is the highway authority is to cease to be a trunk road. (4B) In subsection (4A)(b)— (a) the reference to the company’s area is to the area in respect of which it was appointed (see section 2(1) of the Infrastructure Act 2015), and (b) the reference to a highway for which the company is not the highway authority includes a proposed highway to be constructed by the company. (4C) A strategic highways company may make an order under subsection (4A) only if it is satisfied that the order is expedient for the purpose of extending, improving or reorganising the national system of routes for through traffic in England and Wales. (4D) A strategic highways company may be satisfied as mentioned in subsection (4C) only after taking into consideration the requirements of local and national planning, including the requirements of agriculture. (4E) An order under subsection (4A)— (a) must specify the date on which it takes effect, and (b) must be confirmed by the Secretary of State. (4F) Subsections (3) and (4) apply in relation to the power in subsection (4A) as they apply in relation to the power in subsection (2). (4G) The powers in this section are subject to section 33(4) of the Planning Act 2008 (exclusion of powers to make or confirm orders in relation to highways for which development consent required).

• (7) In Schedule 1 to the Highways Act 1980 (procedures for making or confirming orders and schemes), after paragraph 1 insert—

(1A) Where an order under section 10 of this Act is submitted to the Secretary of State by a strategic highways company, that company must publish, in the manner specified in paragraph 1, the notice there referred to; and that paragraph has effect in relation to the notice as if, for the references to the draft order and the making of the order, there were substituted references to the order as submitted to the Secretary of State and the confirmation of the order respectively.

Deadlines for consultation and decisions on certain orders and schemes

33

• (1) Schedule 1 to the Highways Act 1980 (procedures for making or confirming certain orders and schemes) is amended as follows.

• (2) In paragraph 1, in sub-paragraph (b), for “6 weeks from the date of the publication of the notice” substitute “the minimum period specified in paragraph 2A”.

• (3) After paragraph 2 insert—

(2A) The minimum period is— (a) 30 days from the date of the publication of the notice, in the case of an order proposed by, or submitted to, the Secretary of State; (b) 6 weeks from the date of the publication of the notice, in the case of an order proposed by, or submitted to, the Welsh Ministers.

• (4) After paragraph 8 insert—

(8A) (1) This paragraph applies where the Secretary of State is exercising the functions conferred by paragraph 8. (2) The Secretary of State must— (a) decide to make or confirm the proposed order, (b) decide not to make or confirm the proposed order, or (c) decide to give notification under paragraph 8(3)(a), within the period of 10 weeks beginning with the relevant day. (3) Subject to sub-paragraph (4), the relevant day is the day on which any of the following occurs in relation to the proposed order— (a) the period specified in the notice published under paragraph 1 or (as the case may be) paragraph 5 expires with no qualifying objection having been received by the Secretary of State; (b) a qualifying objection is withdrawn with the result that no qualifying objections remain live; (c) the Secretary of State decides under paragraph 7(2) to dispense with an inquiry; (d) the Secretary of State receives the report of the person who has held a local inquiry. (4) In a case where— (a) the Secretary of State has to decide whether to confirm a related compulsory purchase order, and (b) the relevant day in relation to that compulsory purchase order is later than the relevant day specified in sub-paragraph (3), the relevant day for the purposes of sub-paragraph (2) is the relevant day in relation to the compulsory purchase order. (5) The relevant day in relation to a related compulsory purchase order is the day on which the procedure that must be followed before the Secretary of State can decide whether to confirm the order (not including any duty on the Secretary of State to consider certain matters before taking that decision) is completed. (6) Where the Secretary of State gives notification under paragraph 8(3)(a), the Secretary of State must decide whether or not to make or confirm the proposed order within the period of 10 weeks beginning with the final day of the period specified under paragraph 8(3)(b). (7) Sub-paragraphs (4) and (5) apply for postponing the first day of the period referred to in sub-paragraph (6) as they apply for postponing the relevant day for the purposes of sub-paragraph (2). (8) If the Secretary of State has decided to proceed in accordance with paragraph 8(2), sub-paragraphs (2) to (7) of this paragraph apply separately in relation to each part of the proposals that is being given separate consideration. (9) The Secretary of State may in any particular case, if the Secretary of State considers it appropriate, extend a period that applies under this paragraph. (10) The power under sub-paragraph (9) may be exercised— (a) more than once in relation to the same period; (b) after the expiry of the period. (11) The Secretary of State must give written notice of any extension— (a) in a case where the proposed order has already been made, to the authority that made it, and (b) to each person who has made a qualifying objection and not withdrawn it. (12) In this paragraph— - “qualifying objection” means an objection received as described in paragraph 7(1)(a) or (b); - “related compulsory purchase order”, in relation to a proposed order, means a compulsory purchase order proceedings on which could, by virtue of section 257(1), be taken concurrently with any proceedings under this Schedule on the proposed order.

• (5) In paragraph 10—

• (a) the existing text becomes sub-paragraph (1);

• (b) in paragraph (b) of that sub-paragraph, for “6 weeks from the date of the publication of the notice” substitute “the minimum period specified in sub-paragraph (2)”;

• (c) after that sub-paragraph insert—

(2) The minimum period is— (a) 30 days from the date of the publication of the notice, in the case of a scheme proposed by, or submitted to, the Secretary of State; (b) 6 weeks from the date of the publication of the notice, in the case of a scheme proposed by, or submitted to, the Welsh Ministers.

• (6) After paragraph 15 insert—

(15A) (1) This paragraph applies where the Secretary of State is exercising the functions conferred by paragraph 15. (2) The Secretary of State must— (a) decide to make or confirm the proposed scheme, (b) decide not to make or confirm the proposed scheme, or (c) decide to give notification under paragraph 15(3)(a), within the period of 10 weeks beginning with the relevant day. (3) Subject to sub-paragraph (4), the relevant day is the day on which any of the following occurs in relation to the proposed scheme— (a) the period specified in the notice published under paragraph 10 or (as the case may be) paragraph 12 expires with no qualifying objection having been received by the Secretary of State; (b) a qualifying objection is withdrawn with the result that no qualifying objections remain live; (c) the Secretary of State decides under paragraph 14(2) to dispense with an inquiry; (d) the Secretary of State receives the report of the person who has held a local inquiry. (4) In a case where— (a) the Secretary of State has to decide whether to confirm a related compulsory purchase order, and (b) the relevant day in relation to that compulsory purchase order is later than the relevant day specified in sub-paragraph (3), the relevant day for the purposes of sub-paragraph (2) is the relevant day in relation to the compulsory purchase order. (5) The relevant day in relation to a related compulsory purchase order is the day on which the procedure that must be followed before the Secretary of State can decide whether to confirm the order (not including any duty on the Secretary of State to consider certain matters before taking that decision) is completed. (6) Where the Secretary of State gives notification under paragraph 15(3)(a), the Secretary of State must decide whether or not to make or confirm the proposed scheme within the period of 10 weeks beginning with the final day of the period specified under paragraph 15(3)(b). (7) Sub-paragraphs (4) and (5) apply for postponing the first day of the period referred to in sub-paragraph (6) as they apply for postponing the relevant day for the purposes of sub-paragraph (2). (8) If the Secretary of State has decided to proceed in accordance with paragraph 15(2), sub-paragraphs (2) to (7) of this paragraph apply separately in relation to each part of the proposals that is being given separate consideration. (9) The Secretary of State may in any particular case, if the Secretary of State considers it appropriate, extend a period that applies under this paragraph. (10) The power under sub-paragraph (9) may be exercised— (a) more than once in relation to the same period; (b) after the expiry of the period. (11) The Secretary of State must give written notice of any extension— (a) in a case where the proposed scheme has already been made, to the authority that made it, and (b) to each person who has made a qualifying objection and not withdrawn it. (12) In this paragraph— - “qualifying objection” means an objection received as described in paragraph 14(1)(a) or (b); - “related compulsory purchase order”, in relation to a proposed scheme, means a compulsory purchase order proceedings on which could, by virtue of section 257(1), be taken concurrently with any proceedings under this Schedule on the proposed scheme.

Procedure for certain orders and schemes

34

• (1) The Highways Act 1980 is amended as follows.

• (2) In section 325 (provision for certain regulations, orders and schemes to be made by statutory instrument)—

• (a) in the heading, omit “, schemes”;

• (b) in subsection (1)—

• (i) omit paragraph (b);

• (ii) in paragraph (d), after “sections” insert “10,”.

• (3) In section 326 (revocation and variation of schemes and orders)—

• (a) in subsection (2)—

• (i) after “An order” insert “or scheme”;

• (ii) after “section” insert “10,”;

• (iii) after “14B,” insert “16,”;

• (iv) after “27,” insert “106(3),”;

• (v) after “orders” insert “or schemes”;

• (vi) after “subsequent order” insert “or scheme”;

• (b) after subsection (2) insert—

(2A) Subsection (2) does not apply to an order or scheme under section 10, 16 or 106(3) made or confirmed by the Welsh Ministers (but see section 325(1A)).

• (c) in subsection (6), before “14,” insert “10,”.

• (4) In Schedule 1 (procedures for making or confirming certain orders and schemes), after paragraph 19 insert—

(19A) On making or confirming an order or scheme in accordance with this Schedule, the Secretary of State must publish on a government website— (a) notice of the making or confirmation of the order or scheme, (b) if the order or scheme was made with modifications, a summary of those modifications, and (c) either— (i) a copy of the order or scheme, together with any maps or plans referred to in it, or (ii) an explanation of where and how that documentation can be inspected.

Compulsory acquisition powers to include taking of temporary possession

35

In section 250(8) of the Highways Act 1980 (compulsory acquisition by creation of new rights to include rights of carrying out certain activity on land), after “references to” insert

— (a) the right to take temporary possession or occupation of land, and (b)

Amendments to the Transport and Works Act 1992

Replacement of model clauses with guidance

36

In the Transport and Works Act 1992, for section 8 (model clauses) substitute—

(8) (1) The Secretary of State may publish guidance about the preparation of draft orders, for cases in which rules under section 6 require the submission of such drafts to the Secretary of State. (2) The Welsh Ministers may publish guidance about the preparation of draft orders, for cases in which rules under section 6 require the submission of such drafts to the Welsh Ministers. (3) The guidance may set out model provisions considered suitable for inclusion in the drafts (whether generally or in certain cases). (4) In arriving at a determination under section 13 in a case to which guidance under this section applies, the Secretary of State or (as the case may be) the Welsh Ministers must have regard to— (a) any departure from the guidance, and (b) any reasons given by the applicant for that departure.

Removal of special procedure for projects of national significance

37

• (1) In the Transport and Works Act 1992, omit section 9 (special procedure for projects considered to be of national significance).

• (2) In consequence of that amendment—

• (a) in section 3 of the Statutory Orders (Special Procedure) Act 1945 (petitions against orders), omit subsection (4A);

• (b) in section 12 of the Transport and Works Act 1992 (special parliamentary procedure), omit subsection (2);

• (c) in the Channel Tunnel Rail Link Act 1996, omit section 42 (application of section 9 of the 1992 Act to certain proposals affecting the Channel Tunnel).

• (3) The amendments made by this section do not apply in relation to an application in respect of which a notice under section 9(2) of the Transport and Works Act 1992 has been published before this section comes into force.

Duty to hold inquiry or hearing

38

• (1) Section 11 of the Transport and Works Act 1992 (inquiries and hearings) is amended as follows.

• (2) In subsection (3) (duty to hold inquiry or hearing on request from objector), for the words from “an objection” to “applies,” substitute

— (a) an objection is made by a person within subsection (4), (b) the person informs the Secretary of State in writing that the person wishes the objection to be referred to an inquiry or dealt with in accordance with subsection (2), and (c) the Secretary of State considers that the objection is serious enough to merit such treatment,

• (3) After subsection (3) insert—

(3A) In a case in which the powers in subsections (1) and (2) are exercisable by the Welsh Ministers, subsection (3) is to be read as referring to the Welsh Ministers instead of the Secretary of State.

• (4) The amendments made by this section do not apply in relation to an application in respect of which rule 5(1) of the Transport and Works (Applications and Objections Procedure) (England and Wales) Rules 2006 (S.I. 2006/1466) has been complied with before this section comes into force.

Costs of inquiries

39

• (1) Section 11 of the Transport and Works Act 1992 (inquiries and hearings) is amended as follows.

• (2) In subsection (5) (application of section 250 of the Local Government Act 1972), before paragraph (a) insert—

(za) the powers of direction, certification and order-making conferred by section 250(4) and (5) as applied by this subsection may, unless otherwise directed by the Secretary of State or the Welsh Ministers, be exercised on their behalf by the person holding the inquiry,

• (3) After subsection (5) insert—

(5A) The power of direction conferred by section 250(4) of the Local Government Act 1972 (costs of inquiry) as applied by subsection (5) is, in the case of an application under section 6, to be exercised so as to require the applicant to pay the costs in question, unless the person exercising the power considers that there is good reason to exercise it differently.

• (4) In subsection (6) (application to hearings of provisions applied to inquiries), after “(costs)” insert “, and subsection (5A) of this section,”.

• (5) The amendments made by subsections (3) and (4) do not apply in relation to an application in respect of which rule 5(1) of the Transport and Works (Applications and Objections Procedure) (England and Wales) Rules 2006 (S.I. 2006/1466) has been complied with before this section comes into force.

Deadline for decisions

40

• (1) The Transport and Works Act 1992 is amended as follows.

• (2) In section 13 (making or refusal of orders), after subsection (6) insert—

(7) The Secretary of State may, for cases involving applications under section 6, make rules as to the period within which— (a) a determination under subsection (1) must be made, or (b) a step must be taken as required by subsection (4), section 13B or section 13C. (8) Rules under subsection (7)— (a) may provide for periods to be determined or changed by the Secretary of State or the Welsh Ministers in individual cases; (b) may provide for the postponement of a requirement under the rules where a fee payable in connection with the application is not paid on time; (c) may make different provision for different cases; (d) if they apply in relation to Wales, may be made only with the agreement of the Welsh Ministers; (e) must be made by statutory instrument; and such an instrument is subject to annulment in pursuance of a resolution of either House of Parliament.

• (3) In consequence of that amendment—

• (a) in section 13(6), for “to 13D” substitute “and 13C”;

• (b) omit section 13D (requirement to determine EIA application or proposal within reasonable time);

• (c) in section 14(3A)(a), for “to 13D” substitute “and 13C”.

Publication of decisions and time for bringing challenge

41

• (1) The Transport and Works Act 1992 is amended as follows.

• (2) In section 14 (publicity for making or refusal of order)—

• (a) in subsection (1), for paragraphs (b) and (c) substitute

and (b) publish the notice on a government website.

• (b) in subsection (2), for “(1)(a)” substitute “(1)”;

• (c) omit subsection (2A);

• (d) in subsection (3A), for “notices” substitute “notice”;

• (e) for subsection (3AA) substitute—

(3AA) If the determination is for the making of an EIA order, the notice under subsection (1) must include the information specified in subsection (3AB).

• (f) in subsection (4)—

• (i) for “a notice” substitute “a copy of the notice under subsection (1)”;

• (ii) omit the words from “; and” to the end.

• (3) In section 22(1) (period for challenging order), for the words from “within” to “published” substitute “before the end of the period of 6 weeks beginning with the day after the day on which notice of the determination to make the order is first published under section 14(1)(b)”.

• (4) In consequence of those amendments—

• (a) in section 12(3)(c) (modification of section 22(1) where special parliamentary procedure applies), for “the notice required by section 14(1)(b) is published” substitute “notice is first published under section 14(1)(b)”;

• (b) in section 13(5) (date of operation of order), for the words from “the notice” to “published” substitute “notice of the determination to make the order is first published under section 14(1)(b)”.

• (5) The amendments made by this section do not apply in relation to a determination made before this section comes into force or any order made further to such a determination.

Fees for certain services

42

After section 23 of the Transport and Works Act 1992 insert—

(23A) (1) The appropriate national authority may by regulations make provision for, or in connection with, the charging of fees to applicants under section 6 by prescribed public authorities, in relation to the provision of relevant services. (2) A “relevant service” means any advice, information or other assistance (including a response to a consultation) provided, whether or not to an applicant under section 6, in connection with— (a) an application under section 6, or (b) any other prescribed matter relating to an order, or proposed order, under section 1 or 3. (3) Regulations made under subsection (1) may, in particular, make provision— (a) about when a fee (including a supplementary fee) may, and may not, be charged; (b) about the amount which may be charged; (c) about what may, and may not, be taken into account in calculating the amount charged; (d) about when a fee charged is payable; (e) about the recovery of fees charged; (f) about waiver, reduction or repayment of fees; (g) about the effect of paying or failing to pay fees charged (including provision permitting a prescribed public authority to withhold a relevant service that it would otherwise be required to provide under an enactment until any outstanding fees for that service are paid); (h) for the supply of information for any purpose of the regulations; (i) conferring a function, including a function involving the exercise of a discretion, on any person. (4) A prescribed public authority must have regard to— (a) any guidance published by the Secretary of State in relation to the exercise of the authority’s functions under regulations made under this section by the Secretary of State; (b) any guidance published by the Welsh Ministers in relation to the exercise of the authority’s functions under regulations made under this section by the Welsh Ministers. (5) Regulations under this section may make— (a) different provision for different purposes or areas; (b) incidental, consequential, supplementary, transitional or transitory provision or savings. (6) Regulations under this section are to be made by statutory instrument. (7) A statutory instrument containing regulations made by the Secretary of State under this section is subject to annulment in pursuance of a resolution of either House of Parliament. (8) A statutory instrument containing regulations made by the Welsh Ministers under this section is subject to annulment in pursuance of a resolution of Senedd Cymru. (9) In this section— - “appropriate national authority” means— in relation to England and cross-border orders, the Secretary of State, and in relation to Wales but not cross-border orders, the Welsh Ministers; - “cross-border order” means an order under section 1 or 3 that has effect both in England and in Wales; - “prescribed” means prescribed by regulations made by the appropriate national authority under this section; - “public authority” means any person certain of whose functions are of a public nature.

Deemed grant of listed building consent etc

43

• (1) In the Transport and Works Act 1992, for section 17 (listed buildings and conservation areas) substitute—

(17) (1) On making an order under section 1 or 3 that authorises controlled listed building works in England, the Secretary of State may direct that listed building consent for the works is deemed to be granted, subject to such conditions (if any) as may be specified in the direction. (2) Section 16(2) of the Listed Buildings Act (duty of special regard to listed buildings) applies to the making of a direction under this section as it would apply to the grant of listed building consent in relation to the building concerned. (3) Section 72(1) of the Listed Buildings Act (duty of special attention to conservation areas) applies to the making of a direction under this section in relation to a building in a conservation area as it would apply to the grant of listed building consent in relation to that building. (4) The provisions of the Listed Buildings Act apply in relation to any listed building consent deemed to be granted by virtue of a direction of the Secretary of State under this section as if the consent had been granted by the Secretary of State on an application referred under section 12 of that Act. (5) But that does not bring the decision to make the direction within section 62(2)(a) of that Act (decisions of Secretary of State that may only be challenged by way of statutory review). (6) In this section— - “conservation area” has the same meaning as in the Listed Buildings Act (see section 91(1) of that Act); - “controlled listed building works in England” means works to which section 7(1) of the Listed Buildings Act (demolition or alteration in character of a listed building in England) applies; - “listed building consent” means consent under section 8 of the Listed Buildings Act (listed building consent in England); - “the Listed Buildings Act” means the Planning (Listed Buildings and Conservation Areas) Act 1990. (17A) (1) On making an order under section 1 or 3 that authorises controlled listed building works in Wales, the Welsh Ministers may direct that listed building consent for the works is deemed to be granted, subject to such conditions (if any) as may be specified in the direction. (2) On making an order under section 1 or 3 that authorises controlled conservation area works in Wales, the Welsh Ministers may direct that conservation area consent for the works is deemed to be granted, subject to such conditions (if any) as may be specified in the direction. (3) Section 96(2) of HEWA 2023 (duty of special regard to listed buildings) applies to the making of a direction under subsection (1) as it would apply to the grant of listed building consent in relation to the building concerned. (4) Section 160(1) of HEWA 2023 (duty of special regard to conservation areas) applies— (a) to the making of a direction under subsection (1) in relation to a building in a conservation area, as it would apply to the grant of listed building consent in relation to that building, and (b) to the making of a direction under subsection (2), as it would apply to the grant of conservation area consent in relation to the building concerned. (5) The provisions of HEWA 2023 apply in relation to any consent deemed to be granted by virtue of a direction of the Welsh Ministers under this section as if the consent had been granted by the Welsh Ministers on an application referred under section 94 of that Act. (6) But that does not bring the decision to make the direction within section 182(2)(b) of that Act (decisions of Welsh Ministers that may only be challenged by way of statutory review). (7) In this section— - “conservation area” has the same meaning as in HEWA 2023 (see section 210 of that Act); - “conservation area consent” means consent under section 162 of HEWA 2023 (conservation area consent in Wales); - “controlled conservation area works in Wales” means works to which section 161 of HEWA 2023 (demolition of building in conservation area in Wales) applies; - “controlled listed building works in Wales” means works to which section 88 of HEWA 2023 (demolition or alteration in character of a listed building in Wales) applies; - “HEWA 2023” means the Historic Environment (Wales) Act 2023; - “listed building consent” means consent under section 89 of HEWA 2023 (listed building consent in Wales).

• (2) In section 22 of that Act (validity of orders)—

• (a) in the heading, for “under section 1 or 3” substitute “and directions”;

• (b) after subsection (3) insert—

(4) This section applies to a direction under— (a) section 90(2A) of the Town and Country Planning Act 1990 (deemed planning permission), (b) section 17 or 17A of this Act (deemed listed building or conservation area consent), or (c) section 12(2A) of the Planning (Hazardous Substances) Act 1990 (deemed hazardous substances consent), as it applies to an order under section 1 or 3.

• (3) In section 12 of the Planning (Listed Buildings and Conservation Areas) Act 1990 (reference of applications for listed building consent to Secretary of State), omit subsection (3A).

• (4) In section 94(4) of the Historic Environment (Wales) Act 2023 (reference to Welsh Ministers of application for listed building consent associated with Transport and Works Act application), after “application” in the second place it occurs insert “to the Secretary of State”.

Deemed consent under marine licence

44

• (1) In the Transport and Works Act 1992, after section 19 insert—

(19A) (1) An order of the Secretary of State under section 1 or 3 may include provision deeming a marine licence to have been granted by the Secretary of State for activities specified in the order (being activities for which the Secretary of State is the appropriate licensing authority). (2) Activity specified under subsection (1) must be carried out wholly in one or more of these areas— (a) England; (b) waters adjacent to England up to the seaward limits of the territorial sea; (c) an exclusive economic zone, except any part of an exclusive economic zone in relation to which the Scottish Ministers have functions; (d) a Renewable Energy Zone, except any part of a Renewable Energy Zone in relation to which the Scottish Ministers have functions; (e) an area designated under section 1(7) of the Continental Shelf Act 1964, except any part of that area which is within a part of an exclusive economic zone or Renewable Energy Zone in relation to which the Scottish Ministers have functions. (3) An order of the Welsh Ministers under section 1 or 3 may include provision deeming a marine licence to have been granted by the Welsh Ministers for activities specified in the order (being activities for which the Welsh Ministers are the appropriate licensing authority). (4) An order including provision under subsection (1) or (3) may also include provision— (a) deeming the licence to have been granted subject to such conditions as may be specified in the order; (b) deeming any such conditions to have been attached to the marine licence by the Secretary of State or (as the case may be) the Welsh Ministers under Part 4 of the MCAA 2009. (5) If an order includes provision of the sort mentioned in paragraphs (a) and (b) of subsection (4), sections 68 (notice of applications) and 69(3) and (5) (representations) of the MCAA 2009 do not apply in relation to the deemed marine licence. (6) In this section— - “the appropriate licensing authority” has the meaning given by section 113 of the MCAA 2009; - “exclusive economic zone” has the meaning given by section 322(1) of the MCAA 2009; - “marine licence” means a marine licence under Part 4 of the MCAA 2009; - “the MCAA 2009” means the Marine and Coastal Access Act 2009; - “Renewable Energy Zone” has the meaning given by section 84(4) of the Energy Act 2004. (7) For the purposes of this section, waters are to be treated as adjacent, or as not adjacent, to England if they would be so treated for the purposes of section 113 of the MCAA 2009 as a result of sections 322(4) to (9) of that Act.

• (2) The amendments made by this section do not apply in relation to an order applied for under section 6 of the Transport and Works Act 1992 if rule 5(1) of the Transport and Works (Applications and Objections Procedure) (England and Wales) Rules 2006 (S.I. 2006/1466) has been complied with in respect of the application before this section comes into force.

Authorisation of applications by local authorities

45

• (1) In section 20 of the Transport and Works Act 1992 (power to apply for or object to orders)—

• (a) in subsection (2), omit “by subsection (3) or (4)”;

• (b) after subsection (4) insert—

(5) In the case of a local authority to which section 239 of the Local Government Act 1972 applies, a resolution to make an application passed, by virtue of this section, in accordance with subsection (2)(a) of that section does not need to be confirmed in accordance with subsection (2)(b) of that section.

• (2) The amendments made by this section do not apply in relation to an application or objection that is the subject of a resolution under section 239(2)(a) of the Local Government Act 1972 passed before this section comes into force.

Extension to Scotland of certain amendments

46

The amendments made to the Transport and Works Act 1992 by the following provisions are extended to Scotland—