New Roads and Street Works Act 1991

27 Toll orders. S

(1) An order authorising the charging of tolls (a “toll order”) by a roads authority may be made in relation to a special road proposed to be provided by that roads authority.

(2) A toll order relating to a special road to be provided by the Secretary of State shall be made by the Secretary of State; and a toll order relating to a special road to be provided by a local roads authority shall be made by the authority and confirmed by the Secretary of State.

(3) Part IIA [F1 and paragraphs 15 and 18 of Part III] of Schedule 1 to the M1 Roads (Scotland) Act 1984 apply to the making or confirmation of a toll order and Schedule 2 to that Act applies to a toll order with regard to its validity and date of operation.

(4) The proceedings required by Part IIA of Schedule 1 to that Act to be taken for the purposes of a toll order shall (so far as practicable) be taken concurrently with the proceedings required to be taken for the purposes of the special road scheme authorising the provision of the road to which the order relates.

(5) The Secretary of State shall not make or confirm the scheme or the toll order unless he makes or confirms them both.

(6) If under paragraph 3(b) of Schedule 2 to that Act the court quashes a toll order, the special road scheme for the road in respect of which the toll order was made shall also cease to have effect.

(7) Where a roads authority enter into a contract with a person for the design or construction of a road which both parties intend will be subject to a toll order, the contract shall make provision for the compensation of that person for such expenses as may be agreed in accordance with the contract in the event of—

(a) the roads authority deciding not to proceed with the special road scheme, or

(b) the Secretary of State failing to make or confirm either the toll order or the scheme.

(8) Where a roads authority enter into a contract such as is mentioned in subsection (7) above and the person who has contracted to design or construct the road fails to complete the road in accordance with the contract he shall, without prejudice to any other liability, pay the authority such compensation in respect of costs incurred by them as may be determined in accordance with the contract.

Those costs shall be taken to include the relevant administrative expenses of the authority, including an appropriate sum in respect of general staff costs and overheads.

(9) Where a toll order has been made—

(a) the road in respect of which it has been made, and

(b) such buildings, structures or other facilities within the boundary of the road or on land adjoining the road as are reasonably required for the purpose of or in connection with the collection of tolls,

are exempt from rating and shall not be included in any valuation roll.

[F2 (9A) On the date when a toll order comes into force any provision of any enactment (other than an enactment contained in this Act) which confers a power or imposes a duty to charge tolls for the use of all or part of any road to which the toll order relates shall cease to have effect.]

(10) The power conferred on the Secretary of State by this section to make or confirm a toll order is exercisable by statutory instrument.

Textual Amendments

F1 Words in s. 27(3) substituted (28.12.2007) by Transport and Works (Scotland) Act 2007 (asp 8), s. 30(4), sch. 2 para. 4; S.S.I. 2007/516, art. 2

F2 S. 27(9A) inserted (S.) (4.1.1995) by 1994 c. 39, s. 148(2) (with s. 128(8)); S.I. 1994/2850, art. 3(a), Sch. 2

Marginal Citations

M1 1984 c. 54.