Infrastructure Act 2015

Section 1

SCHEDULE 1 E+W Strategic highways companies: consequential and supplemental amendments

PART 1 E+W Highways Act 1980

1 E+W The Highways Act 1980 is amended as follows.

Commencement Information

I1 Sch. 1 para. 1 in force at 5.3.2015 by S.I. 2015/481, reg. 2(a)

2 (1) Section 1 (highway authorities: general provision) is amended as follows. E+W

(2) In subsection (1)—

(a) after “Minister is” insert “ , subject to subsection (1A), ”;

(b) after paragraph (d) insert—

“(e) any highway for which he becomes the highway authority by virtue of section 2 of the Infrastructure Act 2015.”

(3) After subsection (1) insert—

“(1A) A strategic highways company is the highway authority for—

(a) any highway specified in the appointment of the company in accordance with Part 1 of the Infrastructure Act 2015;

(b) any highway that is directed to become a trunk road and for which that company is directed to be highway authority under section 10;

(c) any special road provided by the company;

(d) any highway for which an order made under any enactment expressly provides for that company to be the highway authority;

(e) any highway transferred to the company by an order under section 14 or 18;

(f) any other highway constructed by the company except where—

(i) by virtue of section 4(3) or 5(2) or some other enactment, a local highway authority is the highway authority for it; or

(ii) by means of an order under section 14 or 18 the highway is transferred to a local highway authority.

Paragraphs (a), (b) and (f) do not apply where a local highway authority becomes the highway authority by virtue of section 2.”

(4) In subsections (2) and (3) to (4)—

(a) after “subsection (1)” insert “ or (1A) ”;

(b) after “Minister” insert “ or a strategic highways company ”.

Commencement Information

I2 Sch. 1 para. 2 in force at 5.3.2015 by S.I. 2015/481, reg. 2(a)

3 E+W In section 2 (highway authority for road which ceases to be a trunk road), in subsection (2)—

(a) after the first “Minister” insert “ or by a strategic highways company ”;

(b) after the second “Minister” insert “ or the company ”.

Commencement Information

I3 Sch. 1 para. 3 in force at 5.3.2015 by S.I. 2015/481, reg. 2(a)

4 (1) Section 3 (highway authority for approaches to and parts of certain bridges) is amended as follows. E+W

(2) In subsection (1), after the first “Minister” insert “ or a strategic highways company ”.

(3) In subsection (3), after “Minister” insert “ or a strategic highways company ”.

Commencement Information

I4 Sch. 1 para. 4 in force at 5.3.2015 by S.I. 2015/481, reg. 2(a)

5 (1) Section 4 (agreement for exercise by Minister of certain functions of local highway authority as respects highway affected by construction etc of trunk road) is amended as follows. E+W

(2) In subsection (1)—

(a) after the first “Minister” insert “or a strategic highways company, whichever is the highway authority for a trunk road (“the trunk road authority”);

(b) for the second “Minister” substitute “ trunk road authority ”;

(c) for “a trunk road”, wherever occurring, substitute “ that trunk road ”.

(3) In subsection (2)—

(a) for “Minister”, wherever occurring, substitute “ trunk road authority ”;

(b) for “he” substitute “ the trunk road authority ”.

(4) In subsection (3)—

(a) omit “by him”;

(b) for “Minister” substitute “ trunk road authority ”.

(5) In subsections (4) and (5), for “Minister”, wherever occurring, substitute “ trunk road authority ”.

(6) In the heading, after “Minister” insert “ or strategic highways company ”.

Commencement Information

I5 Sch. 1 para. 5 in force at 5.3.2015 by S.I. 2015/481, reg. 2(a)

6 (1) Section 5 (agreement for local highway authority to maintain and improve certain highways constructed or to be constructed by Minister) is amended as follows. E+W

(2) In subsection (1)—

(a) after the first “Minister” insert “ or a strategic highways company ”;

(b) for “their” substitute “the local highway authority's”;

(c) after the second “Minister” insert “ or the company ”.

(3) In the heading, after “Minister” insert “ or strategic highways company ”.

Commencement Information

I6 Sch. 1 para. 6 in force at 5.3.2015 by S.I. 2015/481, reg. 2(a)

7 (1) Section 6 (delegation etc of functions with respect to trunk roads) is amended as follows. E+W

(2) In subsection (1)—

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

(b) after “his” insert “ or its ”;

(c) after “him” insert “ or it ”.

(3) In subsection (1A)—

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

(b) for “their”, wherever occurring, substitute “that council's”.

(4) In subsection (1B)—

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

(b) for “their” substitute “that council's”.

(5) In subsection (2)—

(a) after “Minister”, wherever occurring, insert “ or a strategic highways company ”;

(b) for “he may attach” substitute “ may be attached ”.

(6) In subsection (3)—

(a) after “Minister”, wherever occurring, insert “ or a strategic highways company ”;

(b) after “he” insert “ or the company ”;

(c) after “him” insert “ or the company ”.

(7) In subsection (4), after “Minister”, wherever occurring, insert “ or a strategic highways company ”.

(8) In subsection (5)—

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

(b) in paragraph (b), for “them” substitute “ the council ”.

(9) In subsection (6), after “Minister”, wherever occurring, insert “ or a strategic highways company ”.

(10) In subsection (8)—

(a) after “Minister”, wherever occurring, insert “ or a strategic highways company ”.

(b) after “his” insert “or the company's”.

Commencement Information

I7 Sch. 1 para. 7 in force at 5.3.2015 by S.I. 2015/481, reg. 2(a)

8 (1) Section 8 (agreements between local highway authorities for doing of certain works) is amended as follows. E+W

(2) In subsection (1)—

(a) after “local highway authorities” insert “ and strategic highways companies ”;

(b) for “each other” substitute “ other such authorities and companies ”.

(3) In the heading, after “local highway authorities” insert “ and strategic highways companies ”.

Commencement Information

I8 Sch. 1 para. 8 in force at 5.3.2015 by S.I. 2015/481, reg. 2(a)

9 (1) Section 9 (seconding of staff etc) is amended as follows. E+W

(2) In subsection (1)—

(a) after “Minister” insert “ or a strategic highways company ”.

(b) after “his”, wherever occurring, insert “or the company's”.

(3) In subsection (2), after “Minister” insert “ or a strategic highways company ”.

Commencement Information

I9 Sch. 1 para. 9 in force at 5.3.2015 by S.I. 2015/481, reg. 2(a)

10 (1) Section 10 (general provision as to trunk roads) is amended as follows. E+W

(2) In subsection (2)(a)(i), after “Minister” insert “ or a strategic highways company ”.

(3) After subsection (3) insert—

“(3A) The power to direct that a highway or proposed highway become a trunk road includes the power to direct that a strategic highways company is the highway authority for that trunk road.”

(4) In subsection (8), after “Minister” insert “ or a strategic highways company ”.

Commencement Information

I10 Sch. 1 para. 10 in force at 5.3.2015 by S.I. 2015/481, reg. 2(a)

11 (1) Section 11 (local and private Act functions with respect to trunk roads) is amended as follows. E+W

(2) In subsection (1), after “Minister alone” insert “ or a strategic highways company alone, whichever is highway authority for the trunk road (“the trunk road authority”), ”.

(3) In subsection (2), in paragraphs (a), (b) and (c), for “Minister”, wherever occurring, substitute “ trunk road authority ”.

Commencement Information

I11 Sch. 1 para. 11 in force at 5.3.2015 by S.I. 2015/481, reg. 2(a)

12 E+W In section 14 (powers as respects roads that cross or join trunk or classified roads), in subsection (3)—

(a) in paragraph (a), after “trunk road” insert “ for which he is the highway authority ”;

(b) in paragraph (b), for “in relation to a classified road” substitute “ in any other case ”.

Commencement Information

I12 Sch. 1 para. 12 in force at 5.3.2015 by S.I. 2015/481, reg. 2(a)

13 (1) Section 16 (general provision as to special roads) is amended as follows. E+W

(2) For subsection (4) substitute—

“(4) A reference in this Act to a special road authority is a reference to—

(a) except where paragraph (b) or (c) applies, a highway authority authorised to provide a special road by means of—

(i) a scheme under this section, or

(ii) a scheme referred to in subsection (1);

(b) except where paragraph (c) applies, the highway authority determined to be the special road authority by a jointly submitted scheme under subsection (10);

(c) a strategic highways company, where the company is the highway authority for a special road by virtue of an appointment under Part 1 of the Infrastructure Act 2015.”

(3) In subsection (6)(b)—

(a) for “the case” substitute “ any other case ”;

(b) omit “local”.

(4) In subsection (10)—

(a) omit “local”;

(b) omit from “, references in this Act” to the end.

Commencement Information

I13 Sch. 1 para. 13 in force at 5.3.2015 by S.I. 2015/481, reg. 2(a)

14 E+W In section 18 (supplementary orders relating to special roads), in subsection (3)(b)—

(a) for “the case” substitute “ any other case ”;

(b) omit “local”.

Commencement Information

I14 Sch. 1 para. 14 in force at 5.3.2015 by S.I. 2015/481, reg. 2(a)

15 E+W In section 19 (certain special roads and other highways to become trunk roads), in subsections (1) and (2), after “Minister”, wherever occurring, insert “ or a strategic highways company ”.

Commencement Information

I15 Sch. 1 para. 15 in force at 5.3.2015 by S.I. 2015/481, reg. 2(a)

16 (1) Section 23 (compensation in respect of certain works executed in pursuance of orders under section 14 or 18) is amended as follows. E+W

(2) After the first “Minister,” insert “ a strategic highways company, ”.

(3) After the second “Minister,” insert “ the strategic highways company, ”.

Commencement Information

I16 Sch. 1 para. 16 in force at 5.3.2015 by S.I. 2015/481, reg. 2(a)

17 (1) Section 24 (construction of new highways and provision of road-ferries) is amended as follows. E+W

(2) In subsection (1)—

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

(b) omit “, with the approval of the Treasury,”;

(c) after “he”, wherever occurring, insert “ or it ”;

(d) in paragraph (d), after “him” insert “ or it ”;

(e) in the words following paragraph (d), after “his” insert “ or its ”.

(3) After subsection (1) insert—

“(1A) Where a strategic highways company proposes to construct a highway which will communicate with a highway for which another strategic highways company is the highway authority, the communication shall not be made unless the manner in which it is to be made has been approved by the Secretary of State.”

(4) In subsection (2)—

(a) after the first “Minister” insert “ or a strategic highways company ”;

(b) after the second “Minister” insert “ or the company ”.

Commencement Information

I17 Sch. 1 para. 17 in force at 5.3.2015 by S.I. 2015/481, reg. 2(a)

18 (1) Section 26 (compulsory powers for creation of footpaths, bridleways and restricted byways) is amended as follows. E+W

(2) In subsection (1)—

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

(b) after “the authority” insert “ or company ”;

(c) after “them”, wherever occurring, insert “ or it ”.

(3) In subsection (3)—

(a) after the first “local authority” insert “ and a strategic highways company ”;

(b) omit “other”.

(4) In subsection (3A)(b), after “local authority” insert “ and a strategic highways company ”.

Commencement Information

I18 Sch. 1 para. 18 in force at 5.3.2015 by S.I. 2015/481, reg. 2(a)

19 E+W In section 38 (power of highway authorities to adopt by agreement), in subsection (1), after “Minister,” insert “ or a strategic highways company, whichever is the highway authority ”.

Commencement Information

I19 Sch. 1 para. 19 in force at 5.3.2015 by S.I. 2015/481, reg. 2(a)

20 (1) Section 41 (duty to maintain highways maintainable at public expense) is amended as follows. E+W

(2) In subsection (2), after “him” insert “ or a strategic highways company ”.

(3) In subsection (4)(b), after “Minister” insert “ or the strategic highways company ”.

(4) In subsection (5), after the second “Minister” insert “ or the strategic highways company ”.

Commencement Information

I20 Sch. 1 para. 20 in force at 5.3.2015 by S.I. 2015/481, reg. 2(a)

21 (1) Section 55 (extinguishment of liability to maintain or improve bridges comprised in trunk roads and special roads) is amended as follows. E+W

(2) In subsection (1), after “Minister” insert “ or a strategic highways company (“the trunk road authority”) ”.

(3) In subsection (2)—

(a) for the first “Minister” substitute “ trunk road authority ”;

(b) for the second “Minister” substitute “ authority ”.

(4) In subsection (3), for “Minister”, wherever occurring, substitute “ trunk road authority ”.

(5) In subsection (4)—

(a) for the first “Minister” substitute “ trunk road authority ”;

(b) after the second “Minister” insert “ , a strategic highways company or trunk road authority ”.

(6) In subsection (5), in the definition of “owners”, for “Minister” substitute “ trunk road authority ”.

Commencement Information

I21 Sch. 1 para. 21 in force at 5.3.2015 by S.I. 2015/481, reg. 2(a)

22 E+W In section 63 (relief of main carriageway of trunk road from local traffic), after “Minister” insert “ or a strategic highways company ”.

Commencement Information

I22 Sch. 1 para. 22 in force at 5.3.2015 by S.I. 2015/481, reg. 2(a)

23 E+W In section 66 (footways and guard-rails etc for publicly maintainable highways), in subsection (6)—

(a) after the first “Minister” insert “ or a strategic highways company ”;

(b) after the second “Minister” insert “ or the strategic highways company ”.

Commencement Information

I23 Sch. 1 para. 23 in force at 5.3.2015 by S.I. 2015/481, reg. 2(a)

24 E+W In section 69 (subways), in subsection (2)(a), after “Minister” insert “ or a strategic highways company ”.

Commencement Information

I24 Sch. 1 para. 24 in force at 5.3.2015 by S.I. 2015/481, reg. 2(a)

25 (1) Section 80 (power to fence highways) is amended as follows. E+W

(2) In subsection (1)(b), after “Minister” insert “ or a strategic highways company ”.

(3) In subsection (3), after “Part III)” insert “ and, in the case of a trunk road, consent has been given under section 175B (consent of highway authority required for trunk road access) ”.

(4) In subsection (4)—

(a) in paragraph (b)—

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

(ii) after “him” insert “ or it ”;

(b) in the words following paragraph (b), after “Minister” insert “ or a strategic highways company ”.

Commencement Information

I25 Sch. 1 para. 25 in force at 5.3.2015 by S.I. 2015/481, reg. 2(a)

26 (1) Section 90C (consultation and local inquiries) is amended as follows. E+W

(2) In subsection (1)—

(a) after “Secretary of State” insert “ , a strategic highways company ”;

(b) after “he” insert “ , it ”.

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

(4) In subsection (4)—

(a) after “Secretary of State” insert “ , a strategic highways company ”;

(b) after “him” insert “ , it ”;

(c) after “he” insert “ , it ”.

Commencement Information

I26 Sch. 1 para. 26 in force at 5.3.2015 by S.I. 2015/481, reg. 2(a)

27 (1) Section 93 (power to make orders as to reconstruction, improvement etc of privately maintainable bridges) is amended as follows. E+W

(2) In subsections (1) and (2), omit “local”, wherever occurring.

(3) Omit subsection (5).

Commencement Information

I27 Sch. 1 para. 27 in force at 5.3.2015 by S.I. 2015/481, reg. 2(a)

28 E+W In section 95 (supplemental provisions as to orders and agreements under sections 93 and 94), in subsection (2), for the words from “section 94” to the end substitute “ sections 93 and 94 are exercisable by the highway authority for the trunk road over, or partly over, the bridge. ”

Commencement Information

I28 Sch. 1 para. 28 in force at 5.3.2015 by S.I. 2015/481, reg. 2(a)

29 E+W In section 97 (lighting of highways), in subsection (1), for “The Minister and every local” substitute “ A ”.

Commencement Information

I29 Sch. 1 para. 29 in force at 5.3.2015 by S.I. 2015/481, reg. 2(a)

30 (1) Section 105A (environmental impact assessments) is amended as follows. E+W

(2) In subsection (2)—

(a) after “Secretary of State” insert “ or a strategic highways company ”;

(b) after the first “he” insert “ or it ”;

(c) after the second “he” insert “ or it, whichever is considering the project, ”.

(3) In subsection (3)—

(a) after “Secretary of State” insert “ or the strategic highways company ”;

(b) after “he” insert “ or the company ”.

(4) In subsection (4), after “Secretary of State” insert “ or the strategic highways company ”.

(5) In subsection (5)(d)—

(a) after “Secretary of State” insert “ or the strategic highways company ”;

(b) after “his” insert “ or its ”.

Commencement Information

I30 Sch. 1 para. 30 in force at 5.3.2015 by S.I. 2015/481, reg. 2(a)

31 (1) Section 105B (procedure) is amended as follows. E+W

(2) In subsection (1)—

(a) after “Secretary of State” insert “ or a strategic highways company ”;

(b) after “him” insert “ or it (as the case may be) ”.

(3) In subsection (3), after “Secretary of State” insert “ or the strategic highways company (as the case may be) ”.

(4) In subsection (3A)—

(a) in paragraphs (a) and (h), after “Secretary of State” insert “ or the strategic highways company ”;

(b) in paragraph (i), after “Secretary of State” insert “ or the strategic highways company (as the case may be) ”;

(c) in paragraph (j), after “Secretary of State” insert “ or the strategic highways company ”.

(5) In subsections (3B) and (3C), after “Secretary of State” insert “ or the strategic highways company ”.

(6) In subsection (4)—

(a) after “Secretary of State” insert “ or the strategic highways company ”;

(b) after “he” insert “ or it ”.

(7) In subsection (5)—

(a) after the first “Secretary of State” insert “ or the strategic highways company ”;

(b) in paragraphs (b) and (c)—

(i) after “Secretary of State” insert “ or the strategic highways company (as the case may be) ”;

(ii) after “him” insert “ or it ”.

(8) In subsection (5A)—

(a) after “Secretary of State”, wherever occurring, insert “ or the strategic highways company ”;

(b) after “him”, wherever occurring, insert “ or it ”.

(9) In subsection (6)—

(a) after “Secretary of State” insert “ or the strategic highways company (as the case may be) ”;

(b) after “he”, wherever occurring, insert “ or it ”;

(c) after “his”, wherever occurring, insert “ or its ”.

(10) In subsection (7), after “Secretary of State”, wherever occurring, insert “ or the strategic highways company ”.

(11) In subsection (8)(e), after “Secretary of State” insert “ , the strategic highways company ”.

Commencement Information

I31 Sch. 1 para. 31 in force at 5.3.2015 by S.I. 2015/481, reg. 2(a)

32 (1) Section 105C (other EEA States) is amended as follows. E+W

(2) In subsection (1)—

(a) in paragraph (a), after “Secretary of State” insert “ or a strategic highways company ”;

(b) in paragraph (b), after “Secretary of State” insert “ or the strategic highways company, whichever is considering the project, ”.

(3) In subsection (2)—

(a) after “Secretary of State” insert “ or the strategic highways company ”;

(b) in paragraph (a), after “him” insert “ or the company ”;

(c) in paragraphs (b) and (c), after “he” insert “ or the company ”.

(4) In subsection (4)—

(a) after “Secretary of State” insert “ or the strategic highways company ”;

(b) in paragraphs (a) and (c), after “he” insert “ or the company ”.

(5) In subsection (5)—

(a) after “Secretary of State” insert “ or the strategic highways company ”;

(b) after “he”, wherever occurring, insert “ or the company ”;

(c) in paragraph (b), after “him” insert “ or the company ”.

(6) In subsections (6) and (7), after “Secretary of State” insert “ or the strategic highways company ”.

Commencement Information

I32 Sch. 1 para. 32 in force at 5.3.2015 by S.I. 2015/481, reg. 2(a)

33 E+W In section 105D (validity of decisions), in subsection (1), after “Secretary of State” insert “ or a strategic highways company ”.

Commencement Information

I33 Sch. 1 para. 33 in force at 5.3.2015 by S.I. 2015/481, reg. 2(a)

34 (1) Section 106 (orders and schemes providing for construction of bridges over or tunnels under navigable waters) is amended as follows. E+W

(2) In subsection (3)—

(a) after “local highway authority” insert “ or a strategic highways company ”;

(b) after “the authority” insert “ or company ”.

(3) In subsection (6), omit “local”.

Commencement Information

I34 Sch. 1 para. 34 in force at 5.3.2015 by S.I. 2015/481, reg. 2(a)

35 E+W In section 108 (power to divert navigable watercourses), in subsection (2)(b), for “a local” substitute “ any other ”.

Commencement Information

I35 Sch. 1 para. 35 in force at 5.3.2015 by S.I. 2015/481, reg. 2(a)

36 E+W In section 110 (power to divert non-navigable watercourses and to carry out other works on any watercourse), in subsection (6)(b), for “, they shall not carry them” substitute “ or a strategic highways company, they must not be carried ”.

Commencement Information

I36 Sch. 1 para. 36 in force at 5.3.2015 by S.I. 2015/481, reg. 2(a)

37 (1) Section 112 (provision of picnic sites and public conveniences for users of trunk roads) is amended as follows. E+W

(2) In subsection (1), after “Minister” insert “ or a strategic highways company ”.

(3) In subsection (2)—

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

(b) after “him” insert “ or the company ”.

(4) In subsections (3) to (5), after “Minister”, wherever occurring, insert “ or a strategic highways company ”.

(5) In subsection (6)—

(a) after “Minister” insert “ or the strategic highways company, whichever is highway authority for the trunk road, ”;

(b) after “him” insert “ or it ”.

(6) In subsection (7), after “Minister” insert “ or a strategic highways company ”.

Commencement Information

I37 Sch. 1 para. 37 in force at 5.3.2015 by S.I. 2015/481, reg. 2(a)

38 (1) Section 113 (exercise by council of functions of Minister with respect to management or provision of picnic sites etc) is amended as follows. E+W

(2) In subsection (1)—

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

(b) after “his” insert “ or its ”;

(c) after “him” insert “ or it ”.

(3) In subsection (2), omit “by Minister”.

(4) In subsection (3)—

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

(b) in paragraph (b), after “he” insert “ or it ”;

(c) in paragraph (c), after “his” insert “ or its ”.

(5) In subsections (5) and (7), after “Minister” insert “ or a strategic highways company ”.

(6) In the heading, after “Minister” insert “ or a strategic highways company ”.

Commencement Information

I38 Sch. 1 para. 38 in force at 5.3.2015 by S.I. 2015/481, reg. 2(a)

39 (1) Section 124 (stopping up of private access to highways) is amended as follows. E+W

(2) In subsection (2), after “if they are” insert “ a strategic highways company or ”.

(3) In subsection (3)—

(a) for “a local” substitute “ any other ”;

(b) in paragraph (b), for “local” substitute “ other ”.

(4) In subsection (4)(d) and (e), omit “local”, wherever occurring.

(5) In subsection (5)—

(a) after “order made by” insert “ a strategic highways company or ”;

(b) omit the second “local”.

(6) In subsections (6) and (7), omit “local”.

Commencement Information

I39 Sch. 1 para. 39 in force at 5.3.2015 by S.I. 2015/481, reg. 2(a)

40 E+W In section 129 (further provision with respect to new means of access), in subsection (3), for “a local” substitute “ any other ”.

Commencement Information

I40 Sch. 1 para. 40 in force at 5.3.2015 by S.I. 2015/481, reg. 2(a)

41 E+W In section 154 (cutting or felling etc trees etc that overhang or are a danger to roads or paths), in subsection (1)(a)—

(a) after the first “Minister” insert “ or a strategic highways company ”;

(b) for the second “Minister” substitute “ highway authority ”.

Commencement Information

I41 Sch. 1 para. 41 in force at 5.3.2015 by S.I. 2015/481, reg. 2(a)

42 E+W In section 174 (precautions to be taken by persons executing works in streets), in subsections (1A) and (1B), omit “local”.

Commencement Information

I42 Sch. 1 para. 42 in force at 5.3.2015 by S.I. 2015/481, reg. 2(a)

43 E+W Before section 176 insert—

“175B Consent of highway authority required for trunk road access

(1) Access to or from a trunk road in England must not be constructed, formed or laid out without the consent of the highway authority for the trunk road.

(2) Subsection (1) does not apply where—

(a) section 24(2) applies, or

(b) development consent is required under the Planning Act 2008.”

Commencement Information

I43 Sch. 1 para. 43 in force at 5.3.2015 by S.I. 2015/481, reg. 2(a)

44 E+W In section 232 (power to treat as a private street land designated for purposes of this section by development plan), in subsection (7), after “constructed by” insert “ a strategic highways company or ”.

Commencement Information

I44 Sch. 1 para. 44 in force at 5.3.2015 by S.I. 2015/481, reg. 2(a)

45 (1) Section 239 (acquisition of land for construction, improvement etc of highway: general powers) is amended as follows. E+W

(2) In subsection (1), after “Minister” insert “ or a strategic highways company ”.

(3) In subsection (2)—

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

(b) after “his” insert “ or its ”.

Commencement Information

I45 Sch. 1 para. 45 in force at 5.3.2015 by S.I. 2015/481, reg. 2(a)

46 E+W In section 240 (acquisition of land in connection with construction, improvement etc of highway: further general powers), in subsection (3)—

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

(b) in paragraph (b), after “his” insert “ or its ”.

Commencement Information

I46 Sch. 1 para. 46 in force at 5.3.2015 by S.I. 2015/481, reg. 2(a)

47 (1) Section 245A (acquisition of land by Secretary of State or Assembly for buildings etc needed for traffic management purposes) is amended as follows. E+W

(2) After subsection (1) insert—

“(1A) A strategic highways company may acquire land in England which in its opinion is required for the provision of any buildings or facilities which are needed—

(a) for use by, or in connection with the activities of, traffic officers in the area for which it is appointed in accordance with Part 1 of the Infrastructure Act 2015; or

(b) for other purposes connected with the management of traffic on highways in that area and for which it is the highway authority.”

(3) In the heading, after “Secretary of State” insert “ , strategic highways company ”.

Commencement Information

I47 Sch. 1 para. 47 in force at 5.3.2015 by S.I. 2015/481, reg. 2(a)

48 E+W In section 247 (general provision as to acquisition procedure etc), in subsection (1), after “this Act on” insert “ a strategic highways company or ”.

Commencement Information

I48 Sch. 1 para. 48 in force at 5.3.2015 by S.I. 2015/481, reg. 2(a)

49 (1) Section 254 (compulsory acquisition for certain purposes of rights in land belonging to local authorities etc) is amended as follows. E+W

(2) In subsection (1)(b), after “Minister”, wherever occurring, insert “ or a strategic highways company ”.

(3) In subsection (2), after “Minister”, wherever occurring, insert “ or a strategic highways company ”.

(4) In subsection (5)(b), after “Minister” insert “ or a strategic highways company ”.

Commencement Information

I49 Sch. 1 para. 49 in force at 5.3.2015 by S.I. 2015/481, reg. 2(a)

50 (1) Section 260 (clearance of title to land acquired for statutory purposes) is amended as follows. E+W

(2) In subsection (3)(b), after “Minister” insert “ or a strategic highways company ”.

(3) In subsection (4), after “Minister” insert “ , strategic highways company ”.

Commencement Information

I50 Sch. 1 para. 50 in force at 5.3.2015 by S.I. 2015/481, reg. 2(a)

51 E+W In section 263 (vesting of highways maintainable at public expense), in subsection (3), omit “local”.

Commencement Information

I51 Sch. 1 para. 51 in force at 5.3.2015 by S.I. 2015/481, reg. 2(a)

52 (1) Section 265 (transfer of property and liabilities upon a highway becoming or ceasing to be a trunk road) is amended as follows. E+W

(2) In subsection (1)—

(a) after the first “Minister” insert “ or the strategic highways company, whichever is highway authority for the trunk road, ”;

(b) after the second “Minister” insert “ or the company ”.

(3) In subsection (2), after “Minister” insert “ or a strategic highways company ”.

(4) In subsection (4)—

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

(b) after “him” insert “ or the company ”.

(5) In subsection (5)—

(a) after “Minister”, wherever occurring, insert “ or the strategic highways company ”;

(b) in paragraph (a), after “him” insert “ or the company ”.

(6) In subsections (6) and (7), after “Minister”, wherever occurring, insert “ or a strategic highways company ”.

(7) In subsection (8)—

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

(b) after “him” insert “ or it ”;

(c) after “he” insert “ or it ”.

Commencement Information

I52 Sch. 1 para. 52 in force at 5.3.2015 by S.I. 2015/481, reg. 2(a)

53 (1) Section 266 (transfer to Minister of privately maintainable bridges carrying trunk roads) is amended as follows. E+W

(2) In subsection (1), after “Minister” insert “ or a strategic highways company, whichever is highway authority for the trunk road (“the trunk road authority”), ”.

(3) In subsection (2), for “Minister” substitute “ trunk road authority ”.

(4) In subsection (3)—

(a) for the first “Minister” substitute “ trunk road authority ”;

(b) for “Minister”, wherever else occurring, substitute “ authority ”.

(5) In subsection (4), for “Minister” substitute “ trunk road authority ”.

(6) In subsections (5) and (6)—

(a) for the first “Minister” substitute “ trunk road authority ”;

(b) for “Minister”, wherever else occurring, substitute “ authority ”.

(7) In subsections (7), (8) and (10), for “Minister”, wherever occurring, substitute “ trunk road authority ”.

(8) In the heading, after “Minister” insert “ or a strategic highways company ”.

Commencement Information

I53 Sch. 1 para. 53 in force at 5.3.2015 by S.I. 2015/481, reg. 2(a)

54 E+W In section 266A (transfer of property and liabilities upon a highway becoming or ceasing to be a GLA road), in subsection (8)(b), after “Minister” insert “ or a strategic highways company ”.

Commencement Information

I54 Sch. 1 para. 54 in force at 5.3.2015 by S.I. 2015/481, reg. 2(a)

55 (1) Section 267 (transfer to local highway authorities of privately maintainable bridges carrying special roads) is amended as follows. E+W

(2) In subsection (1), after “Minister” insert “ or a strategic highways company, ”.

(3) In subsections (2) and (3), for “Minister” substitute “ trunk road authority ”.

Commencement Information

I55 Sch. 1 para. 55 in force at 5.3.2015 by S.I. 2015/481, reg. 2(a)

56 (1) Section 271 (provisions with respect to transfer of toll highways to highway authorities) is amended as follows. E+W

(2) In subsection (1)(i), after “trunk road” insert “ for which he is the highway authority ”.

(3) After subsection (1)(i) insert—

“(ia) in the case of a trunk road for which it is the highway authority, a strategic highways company;”.

Commencement Information

I56 Sch. 1 para. 56 in force at 5.3.2015 by S.I. 2015/481, reg. 2(a)

57 (1) Section 277 (contribution towards maintenance of bridge where road ceases to be a trunk road) is amended as follows. E+W

(2) After the first “Minister” insert “ or a strategic highways company ”.

(3) After the second “Minister” insert “ or the company ”.

Commencement Information

I57 Sch. 1 para. 57 in force at 5.3.2015 by S.I. 2015/481, reg. 2(a)

58 (1) Section 284 (powers of Minister in relation to privately maintainable parts of trunk roads) is amended as follows. E+W

(2) After “Minister” insert “ or a strategic highways company, whichever is highway authority for the trunk road, ”.

(3) In the heading, after “Minister” insert “ or strategic highways company ”.

Commencement Information

I58 Sch. 1 para. 58 in force at 5.3.2015 by S.I. 2015/481, reg. 2(a)

59 (1) Section 284A (trunk roads: miscellaneous functions of Secretary of State) is amended as follows. E+W

(2) For the words from “any trunk road” to the end substitute “ a trunk road for which the Secretary of State is highway authority, include the Secretary of State and, in relation to a trunk road for which a strategic highways company is the highway authority, include that company. ”

(3) In the heading, after “Secretary of State” insert “ and strategic highways company ”.

Commencement Information

I59 Sch. 1 para. 59 in force at 5.3.2015 by S.I. 2015/481, reg. 2(a)

60 (1) Section 329 (further provision as to interpretation) is amended as follows. E+W

(2) In subsection (1)—

(a) in the definition of “local highway authority” after “Minister” insert “ or a strategic highways company ”;

(b) at the appropriate place insert—

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

(3) After subsection (5) insert—

“(6) Subsection (5) is subject to the specification of those roads as ones for which a strategic highways company is highway authority under Part 1 of the Infrastructure Act 2015.”

Commencement Information

I60 Sch. 1 para. 60 in force at 5.3.2015 by S.I. 2015/481, reg. 2(a)

61 E+W In section 330 (construction of certain enactments relating to execution of works by statutory undertakers), in subsection (1), after “Minister” insert “ or a strategic highways company, whichever is highway authority for the trunk road, ”.

Commencement Information

I61 Sch. 1 para. 61 in force at 5.3.2015 by S.I. 2015/481, reg. 2(a)

62 E+W In section 331 (references to functions of council as respects any highway), after “Minister” insert “ or a strategic highways company ”.

Commencement Information

I62 Sch. 1 para. 62 in force at 5.3.2015 by S.I. 2015/481, reg. 2(a)

63 (1) Schedule 1 (procedures for making or confirming certain orders and schemes) is amended as follows. E+W

(2) In paragraph 1, after “trunk road” insert “ for which he is the highway authority ”.

(3) In paragraph 2—

(a) after “order relating to” insert “ a trunk road for which a strategic highways company is the highway authority or to ”;

(b) omit “local”.

(4) In paragraph 3—

(a) after the first “Minister” insert “ , the strategic highways company ”;

(b) after the second “Minister” insert “ , of the strategic highways company ”.

(5) In paragraphs 4 and 5, after “Minister” insert “ , the strategic highways company ”.

(6) In paragraph 6, after “Minister” insert “ , a strategic highways company ”.

(7) In paragraphs 7(1)(ii), 8(1)(b), 9 and 10 omit “local”.

(8) In paragraph 11, for “local” substitute “ other ”.

(9) In paragraph 12, for the first “local” substitute “ other ”.

(10) In paragraph 13, for “a local” substitute “ another ”.

(11) In paragraphs 14(1)(ii), 15(1)(b) and 16 omit “local”.

(12) In paragraph 17, for “local” substitute “ other ”.

Commencement Information

I63 Sch. 1 para. 63 in force at 5.3.2015 by S.I. 2015/481, reg. 2(a)

64 E+W In Schedule 3 (provisions of this Act referred to in section 11), in the headings to Parts 1, 2 and 3, after “Minister”, wherever occurring, insert “ or a strategic highways company ”.

Commencement Information

I64 Sch. 1 para. 64 in force at 5.3.2015 by S.I. 2015/481, reg. 2(a)

65 (1) Schedule 5 (modifications of certain provisions of the Town and Country Planning Act 1990 as applied by section 21) is amended as follows. E+W

(2) In Part 1 (modifications in relation to land referred to in paragraph (a) or (b) of section 21(2)), in paragraph 3, after “when” insert “ a strategic highways company or ”.

(3) In Part 2 (modifications in relation to land referred to in paragraph (c) of section 21(2))—

(a) in paragraph 1, after “Minister,” insert “ the strategic highways company, ”;

(b) in paragraph 3, after “references to” insert “ a strategic highways company or ”;

(c) in paragraph 4, in the substituted text of subsection (1) of section 273 of the Town and Country Planning Act 1990, after “ Minister, ” insert “ the strategic highways company, ”;

(d) in paragraph 5, after “Minister,” insert “ the strategic highways company, ”.

Commencement Information

I65 Sch. 1 para. 65 in force at 5.3.2015 by S.I. 2015/481, reg. 2(a)

66 (1) Schedule 11 (provisions as to orders under section 93 of this Act) is amended as follows. E+W

(2) In paragraph 9(3), omit “local”.

(3) In paragraph 15(1), omit “other than a trunk road bridge”.

(4) Omit paragraph 17.

Commencement Information

I66 Sch. 1 para. 66 in force at 5.3.2015 by S.I. 2015/481, reg. 2(a)

67 (1) Schedule 21 (transitional matters arising where a highway becomes a trunk road or a trunk road ceases to be a trunk road) is amended as follows. E+W

(2) In paragraph 1—

(a) after the first “Minister” insert “ or a strategic highways company, whichever is highway authority for the trunk road ”;

(b) after the second “Minister” insert “ or the company ”;

(c) for “him” substitute “ it ”.

(3) In paragraph 3—

(a) after the first “Minister” insert “ or a strategic highways company ”;

(b) after “Minister”, wherever else occurring, insert “ or the company ”.

(4) In paragraph 4, after “Minister”, wherever occurring, insert “ or a strategic highways company ”.

(5) In paragraphs 6 to 9—

(a) after the first “Minister” insert “ or a strategic highways company ”;

(b) after “Minister”, wherever else occurring, insert “ or the company ”.

Commencement Information

I67 Sch. 1 para. 67 in force at 5.3.2015 by S.I. 2015/481, reg. 2(a)

PART 2 E+W Other enactments

Public Records Act 1958 (c. 51) E+W

68 E+W In Schedule 1 to the Public Records Act 1958, in the table at the end of paragraph 3, at the appropriate place in Part 2 insert “ A strategic highways company for the time being appointed under Part 1 of the Infrastructure Act 2015. ”

Commencement Information

I68 Sch. 1 para. 68 in force at 5.3.2015 by S.I. 2015/481, reg. 2(a)

Parliamentary Commissioner Act 1967 (c. 13) E+W

69 E+W In Schedule 2 to the Parliamentary Commissioner Act 1967, at the appropriate place insert “ A strategic highways company for the time being appointed under Part 1 of the Infrastructure Act 2015. ”

Commencement Information

I69 Sch. 1 para. 69 in force at 5.3.2015 by S.I. 2015/481, reg. 2(a)

Road Traffic Regulation Act 1984 (c. 27) E+W

70 E+W The Road Traffic Regulation Act 1984 is amended as follows.

Commencement Information

I70 Sch. 1 para. 70 in force at 5.3.2015 by S.I. 2015/481, reg. 2(a)

71 (1) Section 1 (traffic regulation orders outside Greater London) is amended as follows. E+W

(2) In subsection (3)—

(a) after “Secretary of State” insert “ , a strategic highways company ”;

(b) after “he is” insert “ , it is ”.

(3) In subsection (3A)—

(a) after the first “Secretary of State” insert “ , a strategic highways company ”;

(b) in paragraph (b), after “Secretary of State,” insert “ the strategic highways company ”.

Commencement Information

I71 Sch. 1 para. 71 in force at 5.3.2015 by S.I. 2015/481, reg. 2(a)

72 E+W In section 2 (what a traffic regulation order may provide), in subsection (5), after “local authority” insert “ , a strategic highways company ”.

Commencement Information

I72 Sch. 1 para. 72 in force at 5.3.2015 by S.I. 2015/481, reg. 2(a)

73 E+W In section 6 (orders similar to traffic regulation orders), in subsection (2)—

(a) after “Secretary of State” insert “ or a strategic highways company ”;

(b) after “his” insert “ or its ”.

Commencement Information

I73 Sch. 1 para. 73 in force at 5.3.2015 by S.I. 2015/481, reg. 2(a)

74 (1) Section 9 (experimental traffic orders) is amended as follows. E+W

(2) In subsection (2)—

(a) after “Secretary of State” insert “ or a strategic highways company ”;

(b) after “he” insert “ or it ”.

(3) In subsection (2A)—

(a) after “Secretary of State” insert “ or a strategic highways company ”;

(b) after “his” insert “ or its ”.

Commencement Information

I74 Sch. 1 para. 74 in force at 5.3.2015 by S.I. 2015/481, reg. 2(a)

75 E+W In section 16A (prohibition or restriction on roads in connection with certain events), in subsection (6)—

(a) after “Secretary of State” insert “ or a strategic highways company ”;

(b) after “his” insert “ or its ”.

Commencement Information

I75 Sch. 1 para. 75 in force at 5.3.2015 by S.I. 2015/481, reg. 2(a)

76 (1) Section 16B (restrictions on orders under s16A) is amended as follows. E+W

(2) In subsection (1)—

(a) in paragraph (a), after “Secretary of State” insert “ or a strategic highways company ”;

(b) in paragraph (b), after “he” insert “ or it ”.

(3) In subsection (2), after “Secretary of State” insert “ or a strategic highways company ”.

(4) In subsections (4) and (5), for “is not himself the traffic authority, he” substitute “ or a strategic highways company (whichever made the order or agreed that it should continue in force) is not the traffic authority, he or it ”.

(5) In subsection (6)—

(a) in paragraph (a), after “Secretary of State” insert “ or a strategic highways company ”;

(b) in paragraph (b), after “his” insert “ or its ”.

Commencement Information

I76 Sch. 1 para. 76 in force at 5.3.2015 by S.I. 2015/481, reg. 2(a)

77 E+W In section 19 (regulation of use of highways by public service vehicles), in subsection (1), after “Greater London” insert “ or a strategic highways company ”.

Commencement Information

I77 Sch. 1 para. 77 in force at 5.3.2015 by S.I. 2015/481, reg. 2(a)

78 (1) Section 23 (powers of local authorities with respect to pedestrian crossings on roads other than trunk roads) is amended as follows. E+W

(2) In subsections (1) to (3), before “local traffic authority” insert “ strategic highways company or a ”.

(3) For the heading substitute “ Powers of strategic highways companies and local traffic authorities with respect to pedestrian crossings ”.

Commencement Information

I78 Sch. 1 para. 78 in force at 5.3.2015 by S.I. 2015/481, reg. 2(a)

79 E+W In section 24 (pedestrian crossings on trunk roads), in the heading, for “trunk” substitute “ other ”.

Commencement Information

I79 Sch. 1 para. 79 in force at 5.3.2015 by S.I. 2015/481, reg. 2(a)

80 E+W In section 37 (extension of powers for purposes of general scheme of traffic control), in subsection (3), after “Secretary of State” insert “ or a strategic highways company ”.

Commencement Information

I80 Sch. 1 para. 80 in force at 5.3.2015 by S.I. 2015/481, reg. 2(a)

81 E+W In section 58 (consents for the purposes of s 57(1)), in paragraph (i) of the table in subsection (1)—

(a) in the first column, after “Secretary of State” insert “ or a strategic highways company ”;

(b) in the second column, after “Secretary of State” insert “ or the strategic highways company, whichever is the traffic authority for the road ”.

Commencement Information

I81 Sch. 1 para. 81 in force at 5.3.2015 by S.I. 2015/481, reg. 2(a)

82 (1) Section 65 (powers and duties of highway authorities as to placing of traffic signs) is amended as follows. E+W

(2) In subsection (2), after “directions to” insert “ a strategic highways company or ”.

(3) In the heading, for “highway” substitute “ traffic ”.

Commencement Information

I82 Sch. 1 para. 82 in force at 5.3.2015 by S.I. 2015/481, reg. 2(a)

83 E+W In section 69 (general provisions as to removal of signs), in subsection (3)—

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

(b) for “the authority” substitute “ it or them ”.

Commencement Information

I83 Sch. 1 para. 83 in force at 5.3.2015 by S.I. 2015/481, reg. 2(a)

84 (1) Section 70 (default powers of Secretary of State as to traffic signs) is amended as follows. E+W

(2) In subsection (1)—

(a) after “If” insert “ a strategic highways company, ”;

(b) after “from” insert “ the company or ”.

(3) After subsection (2) insert—

“(3) In England, where subsection (1) applies in respect of non-compliance with a direction by a traffic authority other than a strategic highways company—

(a) a strategic highways company may carry out the work required by the direction with the consent of the Secretary of State, and

(b) the expenses incurred by the company in doing so are recoverable by the company from the authority summarily as a civil debt.”

Commencement Information

I84 Sch. 1 para. 84 in force at 5.3.2015 by S.I. 2015/481, reg. 2(a)

85 E+W In section 71 (power to enter land in connection with traffic signs), in subsection (1), after “A” insert “ strategic highways company, a ”.

Commencement Information

I85 Sch. 1 para. 85 in force at 5.3.2015 by S.I. 2015/481, reg. 2(a)

86 (1) Section 74B (transfer of traffic control systems between Secretary of State and Transport for London) is amended as follows. E+W

(2) In subsections (1) and (2)—

(a) after the first “Secretary of State” insert “ or a strategic highways company ”;

(b) after the second “Secretary of State” insert “ or the company ”.

(3) In subsection (5), after “Secretary of State” insert “ or the strategic highways company ”.

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

Commencement Information

I86 Sch. 1 para. 86 in force at 5.3.2015 by S.I. 2015/481, reg. 2(a)

87 E+W In section 83 (provisions as to directions under s 82(2)), in subsection (2)—

(a) after the first “by” insert “ a strategic highways company or ”;

(b) after the third “by” insert “ the company or ”.

Commencement Information

I87 Sch. 1 para. 87 in force at 5.3.2015 by S.I. 2015/481, reg. 2(a)

88 E+W In section 84 (speed limits on roads other than restricted roads), in subsection (1B), after “orders of” insert “ strategic highways companies or ”.

Commencement Information

I88 Sch. 1 para. 88 in force at 5.3.2015 by S.I. 2015/481, reg. 2(a)

89 (1) Section 85 (traffic signs for indicating speed restrictions) is amended as follows. E+W

(2) In subsections (2) and (3), omit “local”, wherever occurring.

(3) After subsection (3) insert—

“(3A) In England, where subsection (3) applies in respect of non-compliance with a direction by a traffic authority other than a strategic highways company—

(a) a strategic highways company may execute the work required by the direction with the consent of the Secretary of State, and

(b) the expense incurred by the company in doing so is recoverable by the company from the authority summarily as a civil debt.”

Commencement Information

I89 Sch. 1 para. 89 in force at 5.3.2015 by S.I. 2015/481, reg. 2(a)

90 (1) Section 93 (powers of Secretary of State in relation to functions under s 92) is amended as follows. E+W

(2) In subsection (2), for “a local” substitute “ another ”.

(3) In subsection (3), omit “local”.

Commencement Information

I90 Sch. 1 para. 90 in force at 5.3.2015 by S.I. 2015/481, reg. 2(a)

91 (1) Section 94 (bollards and other constructions in Greater London) is amended as follows. E+W

(2) In subsection (1)—

(a) after the first “Secretary of State” insert “ or a strategic highways company ”;

(b) after “he”, wherever occurring, insert “ or it ”;

(c) in paragraph (a), after “Secretary of State” insert “ or the company ”.

(3) In subsection (2), after “Secretary of State” insert “ nor a strategic highways company ”.

(4) In subsection (4)—

(a) after the first “Secretary of State” insert “ , a strategic highways company ”;

(b) after the second “Secretary of State” insert “ , the company ”;

(c) in paragraph (a)—

(i) after “Secretary of State” insert “ or a strategic highways company ”;

(ii) after the first “he” insert “ or it ”;

(iii) for “he might under subsection (1)(a) above require” substitute “ might under subsection (1)(a) be required ”.

(5) In subsection (5)—

(a) after the first “Secretary of State” insert “ , the strategic highways company ”;

(b) after the second “Secretary of State” insert “ , the company ”.

Commencement Information

I91 Sch. 1 para. 91 in force at 5.3.2015 by S.I. 2015/481, reg. 2(a)

92 E+W In section 100 (interim disposal of vehicles removed under section 99), in subsection (3A), after “Secretary of State” insert “ or a strategic highways company ”.

Commencement Information

I92 Sch. 1 para. 92 in force at 5.3.2015 by S.I. 2015/481, reg. 2(a)

93 E+W In section 101 (ultimate disposal of vehicles abandoned and removable under this Act), in paragraph (d) of the definition of “competent authority” in subsection (8), after “Secretary of State” insert “ or a strategic highways company ”.

Commencement Information

I93 Sch. 1 para. 93 in force at 5.3.2015 by S.I. 2015/481, reg. 2(a)

94 (1) Section 102 (charges for removal, storage and disposal of vehicles) is amended as follows. E+W

(2) In subsection (2ZA)—

(a) in the substituted paragraph (b)—

(i) after “Secretary of State” insert “ or a strategic highways company ”;

(ii) after “his” insert “ or its ”;

(b) in the substituted paragraph (c)—

(i) after “Secretary of State” insert “ or a strategic highways company ”;

(ii) after “him” insert “ or it ”.

(3) In subsection (4A)—

(a) after the first “Secretary of State” insert “ or a strategic highways company ”;

(b) after the second “Secretary of State” insert “ or the company ”.

(4) In subsection (8), in paragraph (c) of the definition of “appropriate authority”, after “Secretary of State” insert “ or a strategic highways company ”.

Commencement Information

I94 Sch. 1 para. 94 in force at 5.3.2015 by S.I. 2015/481, reg. 2(a)

95 (1) Section 121A (traffic authorities) is amended as follows. E+W

(2) After subsection (1AA) insert—

“(1AB) A strategic highways company is the traffic authority for every highway for which it is the highway authority within the meaning of the Highways Act 1980.”

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

Commencement Information

I95 Sch. 1 para. 95 in force at 5.3.2015 by S.I. 2015/481, reg. 2(a)

96 (1) Section 122 (exercise of functions by local authorities) is amended as follows. E+W

(2) In subsection (1), after “every” insert “ strategic highways company and ”.

(3) In subsection (2)(d), after “appearing to” insert “ the strategic highways company or ”.

(4) In the heading, after “functions by” insert “ strategic highways companies or ”.

Commencement Information

I96 Sch. 1 para. 96 in force at 5.3.2015 by S.I. 2015/481, reg. 2(a)

97 E+W In section 124A (GLA side roads), in subsection (4), after “Secretary of State” insert “ or a strategic highways company ”.

Commencement Information

I97 Sch. 1 para. 97 in force at 5.3.2015 by S.I. 2015/481, reg. 2(a)

98 E+W In section 124B (orders of the Authority changing what are GLA side roads), in subsection (2)(a), after “Secretary of State” insert “ or a strategic highways company ”.

Commencement Information

I98 Sch. 1 para. 98 in force at 5.3.2015 by S.I. 2015/481, reg. 2(a)

99 E+W In section 142 (general interpretation of Act), in subsection (1), at the appropriate place insert—

““strategic highways company” means a company appointed under section 1 of the Infrastructure Act 2015;”.

Commencement Information

I99 Sch. 1 para. 99 in force at 5.3.2015 by S.I. 2015/481, reg. 2(a)

100 (1) Schedule 9 (special provision as to certain orders) is amended as follows. E+W

(2) In paragraph 1, after “consultation with” insert “ a strategic highways company or ”.

(3) In paragraph 7, omit sub-paragraph (3).

(4) In paragraph 13—

(a) after sub-paragraph (1)(b) insert—

“(ba) applying to a road for which a strategic highways company is the traffic authority, or”;

(b) in sub-paragraph (1), for “or sub-paragraph (3)” substitute “ , (3) or (4) ”;

(c) after sub-paragraph (3) insert—

“(4) This sub-paragraph applies where it is proposed to include in the order provision mentioned in sub-paragraph (1)(ba), in which case the order must not be made without the consent of the strategic highways company.”

(5) In paragraph 14—

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

(b) in sub-paragraph (1), after “except” insert “ in a case to which sub-paragraph (2) applies or ”;

(c) after sub-paragraph (1) insert—

“(2) This sub-paragraph applies where it is proposed to include in the order provision mentioned in paragraph 13(1)(ba), in which case the order must not be made without the consent of the strategic highways company.”

(6) After paragraph 14 insert—

“14A (1) This paragraph applies where a strategic highways company proposes, other than further to a direction under paragraph 2, to include provision mentioned in paragraph 13(1)(b) or (c) to (f) in an order made by it under sections 1, 6, 9, 83(2) or 84.

(2) Where this paragraph applies, the order must not be made without the consent of the Secretary of State.”

(7) In paragraph 15(1)—

(a) for “and 14” substitute “ to 14A ”;

(b) for “local” substitute “ traffic ”.

(8) In paragraph 16(2), for “local” substitute “ traffic ”.

(9) In paragraph 20(1)—

(a) after “and 84,” insert “ a strategic highways company, ”;

(b) after the second “of this Act,” insert “ the company, ”.

(10) In paragraph 21, after “orders of” insert “ a strategic highways company or ”.

Commencement Information

I100 Sch. 1 para. 100 in force at 5.3.2015 by S.I. 2015/481, reg. 2(a)

Transport Act 1985 (c. 67) E+W

101 E+W In section 112G of the Transport Act 1985 (representations following an investigation by the Passengers' Council), in subsection (1), for paragraph (d) substitute—

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

Commencement Information

I101 Sch. 1 para. 101 in force at 5.3.2015 by S.I. 2015/481, reg. 2(a)

Dartford-Thurrock Crossing Act 1988 (c. 20) E+W

102 E+W In the Dartford-Thurrock Crossing Act 1988, after section 46 (interpretation) insert—

“46A Appointment of a strategic highways company

(1) This section applies in any period in which, by virtue of an appointment under section 1 of the Infrastructure Act 2015, a strategic highways company is the highway authority for the highways comprised in the tunnel crossing or the bridge.

(2) The reference to the Secretary of State in section 12(4) (crossing operator) is to be read as a reference to the strategic highways company.

(3) References to the Secretary of State in the following provisions are to be read as references to the strategic highways company—

(a) section 24(1)(a) and (b) (special traffic restrictions);

(b) section 27(1) and (2) (bicycles);

(c) section 37 (powers in relation to River Thames);

(d) section 38 (restriction on works on crossing);

(e) Schedule 7 (protective provisions), except—

(i) paragraph 2 of Part 1, and

(ii) paragraph 2 of Part 3.”

Commencement Information

I102 Sch. 1 para. 102 in force at 5.3.2015 by S.I. 2015/481, reg. 2(a)

Road Traffic Act 1988 (c. 52) E+W

103 E+W In section 44 (authorisation of use on roads of special vehicles not complying with regulations under section 41) of the Road Traffic Act 1988, after subsection (3) insert—

“(4) The function of the Secretary of State under subsection (1) in the case of orders applying only to—

(a) specified vehicles, or

(b) vehicles of specified persons,

may be delegated to a strategic highways company.

(5) A delegation under subsection (4) may specify—

(a) the extent to which the function is delegated;

(b) any conditions to which the delegation is subject.”

Commencement Information

I103 Sch. 1 para. 103 in force at 5.3.2015 by S.I. 2015/481, reg. 2(a)

Town and Country Planning Act 1990 (c. 8) E+W

104 (1) Section 247 of the Town and Country Planning Act 1990 (highways affected by development: orders by Secretary of State) is amended as follows. E+W

(2) In subsection (3)—

(a) in paragraph (b), after “Secretary of State,” insert “ a strategic highways company, ”;

(b) in paragraph (c), after “Secretary of State” insert “ or a strategic highways company ”.

(3) In subsection (3A)—

(a) after paragraph (a) insert—

“(aa) a strategic highways company,”;

(b) after the second “Secretary of State,” insert “ the strategic highways company, ”.

Commencement Information

I104 Sch. 1 para. 104 in force at 5.3.2015 by S.I. 2015/481, reg. 2(a)

105 E+W In section 248 (highways crossing or entering route of proposed new highway etc), in subsection (1)(a), after “Secretary of State” insert “ or a strategic highways company ”.

Commencement Information

I105 Sch. 1 para. 105 in force at 5.3.2015 by S.I. 2015/481, reg. 2(a)

106 E+W In section 254 (compulsory acquisition of land in connection with highways), in subsection (1), after “local highway authority” insert “ or a strategic highways company ”.

Commencement Information

I106 Sch. 1 para. 106 in force at 5.3.2015 by S.I. 2015/481, reg. 2(a)

107 E+W In section 256 (electronic communications apparatus: orders by Secretary of State), in subsection (3) omit “local”.

Commencement Information

I107 Sch. 1 para. 107 in force at 5.3.2015 by S.I. 2015/481, reg. 2(a)

108 E+W In section 336 (interpretation), in subsection (1)—

(a) in the definition of “local highway authority”, after “Secretary of State” insert “ or a strategic highways company ”;

(b) at the appropriate place insert—

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

Commencement Information

I108 Sch. 1 para. 108 in force at 5.3.2015 by S.I. 2015/481, reg. 2(a)

109 (1) Schedule 13 (blighted land) is amended as follows. E+W

(2) In paragraph 16, for “if he” substitute “ or a strategic highways company if he or it ”.

(3) In paragraph 18—

(a) after “Secretary of State” insert “ or a strategic highways company ”;

(b) after “him” insert “ or it ”;

(c) after “he” insert “ or it ”.

Commencement Information

I109 Sch. 1 para. 109 in force at 5.3.2015 by S.I. 2015/481, reg. 2(a)

Environmental Protection Act 1990 (c. 43) E+W

110 E+W The Environmental Protection Act 1990 is amended as follows.

Commencement Information

I110 Sch. 1 para. 110 in force at 5.3.2015 by S.I. 2015/481, reg. 2(a)

111 (1) Section 89 (duty to keep land and highways clear of litter etc) is amended as follows. E+W

(2) In subsection (1)—

(a) in paragraph (b), after “special road” insert “ (other than one to which paragraph (ba)(i) applies) ”;

(b) after paragraph (b) insert—

“(ba) a strategic highways company as respects—

(i) any trunk road which is a special road for which it is the highway authority, and

(ii) any relevant highway for which it is responsible,”.

(3) In subsection (2)—

(a) in paragraph (b), after “special road” insert “ (other than one to which paragraph (c)(i) applies) ”;

(b) after paragraph (b) insert—

“(c) a strategic highways company as respects—

(i) any trunk road which is a special road for which it is the highway authority, and

(ii) any relevant highway for which it is responsible,”.

Commencement Information

I111 Sch. 1 para. 111 in force at 5.3.2015 by S.I. 2015/481, reg. 2(a)

112 (1) Section 98 (definitions) is amended as follows. E+W

(2) In subsection (5), after “public expense”),” insert “ “highway authority”, ”.

(3) After subsection (5A) insert—

“(5B) Strategic highways company” means a company for the time being appointed under Part 1 of the Infrastructure Act 2015.”

Commencement Information

I112 Sch. 1 para. 112 in force at 5.3.2015 by S.I. 2015/481, reg. 2(a)

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

113 E+W The New Roads and Street Works Act 1991 is amended as follows.

Commencement Information

I113 Sch. 1 para. 113 in force at 5.3.2015 by S.I. 2015/481, reg. 2(a)

114 E+W In section 6 (toll orders), in subsection (2)—

(a) after the second “provided by” insert “ a strategic highways company or ”;

(b) after the second “made by” insert “ the company or ”.

Commencement Information

I114 Sch. 1 para. 114 in force at 5.3.2015 by S.I. 2015/481, reg. 2(a)

115 (1) Section 12 (extension toll orders) is amended as follows. E+W

(2) In subsection (2)—

(a) after “highway authority is” insert “ a strategic highways company or ”;

(b) after the second “made by” insert “ that company or ”.

(3) In subsection (5), after the third “made by” insert “ a strategic highways company or ”.

Commencement Information

I115 Sch. 1 para. 115 in force at 5.3.2015 by S.I. 2015/481, reg. 2(a)

116 (1) Section 26 (interpretation) is amended as follows. E+W

(2) After subsection (1) insert—

“(1A) In this Part, “strategic highways company” means a company for the time being appointed under Part 1 of the Infrastructure Act 2015.”

(3) In subsection (3)—

(a) in the first column of the table, at the appropriate place insert “ strategic highways company ”;

(b) in the second column opposite that entry insert “ section 26(1) ”.

Commencement Information

I116 Sch. 1 para. 116 in force at 5.3.2015 by S.I. 2015/481, reg. 2(a)

117 E+W In section 49 (the street authority and other relevant authorities), in subsection (2)—

(a) after “Secretary of State” insert “ or a strategic highways company ”;

(b) after “his” insert “ or its ”.

Commencement Information

I117 Sch. 1 para. 117 in force at 5.3.2015 by S.I. 2015/481, reg. 2(a)

118 E+W In section 63 (streets with special engineering difficulties), in subsection (3), after “Where” insert “ a strategic highways company or ”.

Commencement Information

I118 Sch. 1 para. 118 in force at 5.3.2015 by S.I. 2015/481, reg. 2(a)

119 E+W In section 74 (charge for occupation of the highway where works unreasonably prolonged), in subsection (7A)(a), after “application by” insert “ strategic highways companies or ”.

Commencement Information

I119 Sch. 1 para. 119 in force at 5.3.2015 by S.I. 2015/481, reg. 2(a)

120 (1) Section 74A (charge determined by reference to duration of works) is amended as follows. E+W

(2) In subsection (2), after “paid to” insert “ a strategic highways company or ”.

(3) In subsection (10)(a), after “application by” insert “ strategic highways companies or ”.

Commencement Information

I120 Sch. 1 para. 120 in force at 5.3.2015 by S.I. 2015/481, reg. 2(a)

121 E+W In section 86 (highway authorities, highways and related matters), after subsection (1) insert—

“(1A) In this Part, “strategic highways company” means a company for the time being appointed under Part 1 of the Infrastructure Act 2015.”

Commencement Information

I121 Sch. 1 para. 121 in force at 5.3.2015 by S.I. 2015/481, reg. 2(a)

122 E+W In section 106 (index of defined expressions)—

(a) in the first column of the table, at the appropriate place insert “ strategic highways company ”;

(b) in the second column opposite that entry insert “ section 86(1A) ”.

Commencement Information

I122 Sch. 1 para. 122 in force at 5.3.2015 by S.I. 2015/481, reg. 2(a)

123 (1) Schedule 2 (procedure in connection with toll orders) is amended as follows. E+W

(2) In paragraph 1—

(a) in sub-paragraph (2)—

(i) after “Secretary of State by” insert “ a strategic highways company or ”;

(ii) after “local highway authority,” insert “ the company or ”.

(b) in sub-paragraph (3), after “Secretary of State” insert “ , the strategic highways company ”.

(3) In paragraph 2(1), 3 and 4(1) after “Secretary of State” insert “ , the strategic highways company ”.

Commencement Information

I123 Sch. 1 para. 123 in force at 5.3.2015 by S.I. 2015/481, reg. 2(a)

124 E+W In Schedule 3 (street works licences), in paragraph 9—

(a) in sub-paragraph (1)—

(i) after “is made to” insert “ a strategic highways company or ”;

(ii) in paragraph (a), after “refusal of” insert “ the company or ”;

(b) in sub-paragraph (3)—

(i) after “decision of” insert “ the strategic highways company or ”;

(ii) after “duty of” insert “ that company or ”.

Commencement Information

I124 Sch. 1 para. 124 in force at 5.3.2015 by S.I. 2015/481, reg. 2(a)

Transport Act 2000 (c. 38) E+W

125 E+W The Transport Act 2000 is amended as follows.

Commencement Information

I125 Sch. 1 para. 125 in force at 5.3.2015 by S.I. 2015/481, reg. 2(a)

126 E+W In section 167 (trunk road charging schemes), in subsection (1)(a), after “he” insert “ or a strategic highways company ”.

Commencement Information

I126 Sch. 1 para. 126 in force at 5.3.2015 by S.I. 2015/481, reg. 2(a)

127 E+W In section 176 (equipment etc), after subsection (1) insert—

“(1A) In relation to a charging scheme under section 167 (trunk road charging schemes), a strategic highways company may—

(a) install and maintain, or authorise the installation and maintenance of, any equipment, or

(b) construct and maintain, or authorise the construction and maintenance of, any buildings or other structures,

used or to be used for or in connection with the operation of a charging scheme under that section.”

Commencement Information

I127 Sch. 1 para. 127 in force at 5.3.2015 by S.I. 2015/481, reg. 2(a)

128 (1) Section 177 (traffic signs) is amended as follows. E+W

(2) After subsection (3) insert—

“(3A) The Secretary of State may direct a strategic highways company to place and maintain traffic signs, or cause traffic signs to be placed and maintained, in connection with a trunk road charging scheme.”

(3) In subsection (4), after “an authority” insert “ or a strategic highways company ”.

Commencement Information

I128 Sch. 1 para. 128 in force at 5.3.2015 by S.I. 2015/481, reg. 2(a)

Traffic Management Act 2004 (c. 18) E+W

129 E+W The Traffic Management Act 2004 is amended as follows.

Commencement Information

I129 Sch. 1 para. 129 in force at 5.3.2015 by S.I. 2015/481, reg. 2(a)

130 (1) Section 1 (traffic officers: introduction) is amended as follows. E+W

(2) In subsection (2)(b), after “national authority” insert “ or a strategic highways company ”.

(3) In subsection (5), after “Secretary of State” insert “ or a strategic highways company ”.

Commencement Information

I130 Sch. 1 para. 130 in force at 5.3.2015 by S.I. 2015/481, reg. 2(a)

131 (1) Section 11 (uniform) is amended as follows. E+W

(2) The existing provision becomes subsection (1) of section 11.

(3) After subsection (1) insert—

“(2) The Secretary of State may delegate his or her function under subsection (1) to a strategic highways company.

(3) A delegation under subsection (2) may specify—

(a) the extent to which the function is delegated;

(b) any conditions to which the delegation is subject.”

Commencement Information

I131 Sch. 1 para. 131 in force at 5.3.2015 by S.I. 2015/481, reg. 2(a)

132 E+W In section 12 (power to charge for traffic officer services provided on request), after “national authority” insert “ or, as respects England, a strategic highways company ”.

Commencement Information

I132 Sch. 1 para. 132 in force at 5.3.2015 by S.I. 2015/481, reg. 2(a)

133 E+W In section 15 (interpretation of Part 1), at the appropriate place insert—

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

Commencement Information

I133 Sch. 1 para. 133 in force at 5.3.2015 by S.I. 2015/481, reg. 2(a)

134 E+W In the heading to Part 2, after “local traffic authorities” insert “ and strategic highways companies ”.

Commencement Information

I134 Sch. 1 para. 134 in force at 5.3.2015 by S.I. 2015/481, reg. 2(a)

135 (1) Section 16 (the network management duty) is amended as follows. E+W

(2) In subsection (1), after “local highway authority” insert “ or a strategic highways company (“the network management authority”) ”.

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

Commencement Information

I135 Sch. 1 para. 135 in force at 5.3.2015 by S.I. 2015/481, reg. 2(a)

136 E+W In section 17 (arrangements for network management), in subsection (1), for “local traffic” substitute “ network management ”.

Commencement Information

I136 Sch. 1 para. 136 in force at 5.3.2015 by S.I. 2015/481, reg. 2(a)

137 E+W In section 18 (guidance to local authorities), in subsections (1) and (2), and in the heading, for “local traffic” substitute “ network management ”.

Commencement Information

I137 Sch. 1 para. 137 in force at 5.3.2015 by S.I. 2015/481, reg. 2(a)

138 E+W In section 19 (power to require information relating to network management), in subsections (1), (2) and (3), for “local traffic”, wherever occurring, substitute “ network management ”.

Commencement Information

I138 Sch. 1 para. 138 in force at 5.3.2015 by S.I. 2015/481, reg. 2(a)

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

Commencement Information

I139 Sch. 1 para. 139 in force at 5.3.2015 by S.I. 2015/481, reg. 2(a)

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

Commencement Information

I140 Sch. 1 para. 140 in force at 5.3.2015 by S.I. 2015/481, reg. 2(a)

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

Commencement Information

I141 Sch. 1 para. 141 in force at 5.3.2015 by S.I. 2015/481, reg. 2(a)

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

Commencement Information

I142 Sch. 1 para. 142 in force at 5.3.2015 by S.I. 2015/481, reg. 2(a)

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

Commencement Information

I143 Sch. 1 para. 143 in force at 5.3.2015 by S.I. 2015/481, reg. 2(a)

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

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

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

Commencement Information

I144 Sch. 1 para. 144 in force at 5.3.2015 by S.I. 2015/481, reg. 2(a)

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

Commencement Information

I145 Sch. 1 para. 145 in force at 5.3.2015 by S.I. 2015/481, reg. 2(a)

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

Commencement Information

I146 Sch. 1 para. 146 in force at 5.3.2015 by S.I. 2015/481, reg. 2(a)

147 (1) Section 31 (interpretation of Part 2) is amended as follows. E+W

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

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

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

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

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

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

Commencement Information

I147 Sch. 1 para. 147 in force at 5.3.2015 by S.I. 2015/481, reg. 2(a)

F1 148 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Sch. 1 para. 148 omitted (26.3.2015 for specified purposes, 30.6.2015 in so far as not already in force) by virtue of Deregulation Act 2015 (c. 20), s. 115(2)(e), Sch. 10 para. 12; S.I. 2015/994, art. 9(b)

Commencement Information

I148 Sch. 1 para. 148 in force at 5.3.2015 by S.I. 2015/481, reg. 2(a)

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

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

(3) After subsection (4)(a) insert—

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

Commencement Information

I149 Sch. 1 para. 149 in force at 5.3.2015 by S.I. 2015/481, reg. 2(a)

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

Commencement Information

I150 Sch. 1 para. 150 in force at 5.3.2015 by S.I. 2015/481, reg. 2(a)

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

(2) In subsection (1)—

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

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

(3) In subsection (4)—

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

(b) after that definition insert—

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

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

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

Commencement Information

I151 Sch. 1 para. 151 in force at 5.3.2015 by S.I. 2015/481, reg. 2(a)

Civil Contingencies Act 2004 (c. 36) E+W

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

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

(b) after sub-paragraph (1) insert—

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

Commencement Information

I152 Sch. 1 para. 152 in force at 5.3.2015 by S.I. 2015/481, reg. 2(a)

Planning Act 2008 (c. 29) E+W

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

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

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

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

Commencement Information

I153 Sch. 1 para. 153 in force at 5.3.2015 by S.I. 2015/481, reg. 2(a)