Infrastructure Act 2015

Appointment as highway authorities

1 Appointment of strategic highways companies

(1) The Secretary of State may by order in accordance with this Part appoint one or more companies as a highway authority.

(2) A company may only be appointed under this section if it is—

(a) limited by shares, and

(b) wholly owned by the Secretary of State.

(3) The appointment of a company terminates (in addition to termination by revocation of the order making the appointment) if the company ceases to be wholly owned by the Secretary of State.

(4) A company appointed under this section is called a “strategic highways company”.

(5) In this section, “company” means a company registered under the Companies Act 2006.

(6) Schedule 1 (which contains consequential and supplemental amendments) has effect.

2 Areas and highways in an appointment

(1) The appointment of a strategic highways company must specify—

(a) an area, consisting of the whole or any part of England, in respect of which the company is appointed, and

(b) highways in that area for which the company is to be the highway authority.

(2) Highways may be specified under subsection (1)(b) by name or description.

(3) Highways specified under subsection (1)(b) must be highways for which the Secretary of State or another strategic highways company is the highway authority immediately before the appointment has effect.

(4) In the case of a strategic highways company appointed for an area adjacent to Wales, the highways specified under subsection (1)(b) may (subject to subsection (3)) include highways in Wales.

(5) Where—

(a) the appointment of a strategic highways company is varied, and

(b) by virtue of that variation the company ceases to be the highway authority for one or more highways,

the Secretary of State becomes the highway authority for those highways (to the extent that he or she would not otherwise be so).

(6) Where the appointment of a strategic highways company terminates, the Secretary of State becomes the highway authority for any highway for which the strategic highways company is highway authority (whether by virtue of the appointment or otherwise) immediately before the termination.

(7) Subsections (5) and (6) are subject to the appointment of another strategic highways company.