Infrastructure Act 2015

SCHEDULES

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) by virtue of Deregulation Act 2015 (c. 20), s. 115(2)(e), Sch. 10 para. 12

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)

Section 3

SCHEDULE 2 E+W Road Investment Strategy: procedure

PART 1 E+W Setting a Road Investment Strategy

Introductory E+W

1 (1) This Part specifies the procedure by which a Road Investment Strategy is set. E+W

(2) It does not apply to the first Road Investment Strategy under section 3 where it is published and laid before Parliament by the Secretary of State within a year of that section coming into force.

Commencement Information

I154 Sch. 2 para. 1 in force at 5.3.2015 by S.I. 2015/481, reg. 2(a)

Step 1: the Secretary of State's proposals E+W

2 (1) The Secretary of State must provide a strategic highways company with proposals for a Road Investment Strategy. E+W

(2) The proposals must include details of—

(a) the objectives to be achieved by the company,

(b) the financial resources to be provided by the Secretary of State for the purpose of achieving those objectives, and

(c) the period to which the proposals relate.

(3) The Secretary of State must—

(a) specify a date before which the company is to respond, and

(b) provide the company with—

(i) a statement of his or her general strategy in respect of highways for which the company is the highway authority, and

(ii) such other information in support of the proposals as the Secretary of State considers appropriate.

Commencement Information

I155 Sch. 2 para. 2 in force at 5.3.2015 by S.I. 2015/481, reg. 2(a)

Step 2: the strategic highways company's response E+W

3 (1) Having been provided with proposals under paragraph 2, the strategic highways company must respond to the Secretary of State— E+W

(a) agreeing to the proposals, or

(b) making counter-proposals.

(2) The company must respond before the date specified by the Secretary of State in accordance with paragraph 2(3)(a).

Commencement Information

I156 Sch. 2 para. 3 in force at 5.3.2015 by S.I. 2015/481, reg. 2(a)

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

4 (1) Where the strategic highways company has agreed to proposals under paragraph 2, the Secretary of State may publish those proposals as the Road Investment Strategy. E+W

(2) The Secretary of State may only publish proposals under sub-paragraph (1) if satisfied that appropriate consultation has taken place.

(3) Publication under sub-paragraph (1) may be in such manner as the Secretary of State considers appropriate.

Commencement Information

I157 Sch. 2 para. 4 in force at 5.3.2015 by S.I. 2015/481, reg. 2(a)

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

5 (1) Where the strategic highways company has made counter-proposals to the Secretary of State's proposals under paragraph 3, or has failed to respond before the date specified, the Secretary of State may— E+W

(a) provide the company with revised proposals under paragraph 2, or

(b) publish as the Road Investment Strategy—

(i) the Secretary of State's proposals, or

(ii) the company's counter-proposals.

(2) The Secretary of State may only publish proposals under sub-paragraph (1)(b) if satisfied that appropriate consultation has taken place.

(3) Publication under sub-paragraph (1)(b) may be in such manner as the Secretary of State considers appropriate.

Commencement Information

I158 Sch. 2 para. 5 in force at 5.3.2015 by S.I. 2015/481, reg. 2(a)

PART 2 E+W Varying a Road Investment Strategy

6 (1) This paragraph applies where the Secretary of State is considering varying a Road Investment Strategy. E+W

(2) Paragraphs 2 to 5 apply to proposals for a varied Road Investment Strategy as they apply to proposals for a Road Investment Strategy.

(3) In performing their functions under this Part of this Schedule, the Secretary of State and the strategic highways company must have regard to the desirability of maintaining certainty and stability in respect of Road Investment Strategies.

Commencement Information

I159 Sch. 2 para. 6 in force at 5.3.2015 by S.I. 2015/481, reg. 2(a)

Section 15

SCHEDULE 3 E+W Transfer schemes

Application and commencement of scheme E+W

1 (1) The property, rights and liabilities to be transferred may be specified or described by a scheme. E+W

(2) A scheme comes into force on the date it appoints.

Commencement Information

I160 Sch. 3 para. 1 in force at 5.3.2015 by S.I. 2015/481, reg. 2(a)

Property, rights and liabilities that may be transferred E+W

2 (1) The property, rights and liabilities that may be transferred by a scheme include— E+W

(a) property, rights and liabilities that would not otherwise be capable of being transferred or assigned;

(b) property acquired in the period after the making of the scheme and before it comes into force;

(c) rights and liabilities arising in that period;

(d) rights and liabilities arising after the scheme comes into force in respect of matters occurring before it comes into force;

(e) rights and liabilities under an enactment or EU instrument.

(2) A scheme may provide that transfers are to take effect irrespective of—

(a) any requirement to obtain a person's consent or concurrence,

(b) any liability in respect of a contravention of another requirement, or

(c) any interference with an interest or right,

which would otherwise apply.

(3) Sub-paragraph (4) applies where a person would otherwise be entitled, in consequence of anything done, or likely to be done, in connection with a scheme—

(a) to terminate, modify, acquire or claim an interest or right to which the transferor is entitled or subject, or

(b) to treat such an interest or right as modified or terminated.

(4) That entitlement is enforceable in relation to the interest or right—

(a) in consequence of what is done or likely to be done, and

(b) in corresponding circumstances arising after the transfer,

to the extent only that the scheme provides for it to be so enforceable.

Commencement Information

I161 Sch. 3 para. 2 in force at 5.3.2015 by S.I. 2015/481, reg. 2(a)

Dividing and modifying transferor's property, rights and liabilities E+W

3 (1) A scheme may contain provision— E+W

(a) for the creation, in favour of a transferor or transferee, of an interest or right in, or in relation to, property to be transferred in accordance with the scheme;

(b) for giving effect to a transfer to a person by the creation, in favour of that person, of an interest or right in, or in relation to, property to be retained by a transferor;

(c) for the creation of new rights and liabilities, including rights of indemnity and duties to indemnify, as between a transferee and a transferor.

(2) A scheme may contain provision for the creation of rights and liabilities for the purpose of converting arrangements between different parts of a transferor's undertaking which exist immediately before the coming into force of the scheme into a contract between—

(a) different transferees, or

(b) a transferee and a transferor.

(3) A scheme may contain provision—

(a) for rights and liabilities to be transferred so as to be enforceable by or against—

(i) more than one transferee, or

(ii) both the transferee and the transferor, and

(b) for rights and liabilities enforceable against more than one of those people to be enforceable in different or modified respects by or against each or any of them.

(4) A scheme may contain provision for interests, rights or liabilities of third parties in relation to anything to which the scheme relates to be modified in the manner set out in the scheme.

(5) Paragraph 2(2) applies to the creation of interests and rights in accordance with a scheme as it applies to the transfer of interests and rights.

Commencement Information

I162 Sch. 3 para. 3 in force at 5.3.2015 by S.I. 2015/481, reg. 2(a)

Obligation to effect transfers etc under a scheme E+W

4 (1) A scheme may contain provision for imposing on a transferee or a transferor an obligation— E+W

(a) to enter into such agreements with another person on whom a corresponding obligation is, could be or has been, imposed by virtue of this paragraph (whether in the same or a different scheme), or

(b) to execute such instruments in favour of any such person,

as may be specified or described in the scheme.

(2) That other person may enforce an obligation imposed on a transferor or a transferee by virtue of sub-paragraph (1) in civil proceedings.

Commencement Information

I163 Sch. 3 para. 4 in force at 5.3.2015 by S.I. 2015/481, reg. 2(a)

Effect of scheme E+W

5 (1) Where a scheme provides for the transfer of property, rights or liabilities, or for the creation of interests, rights or liabilities— E+W

(a) the property or interests, rights or liabilities vest, without further assurance, in the transferee at that time, and

(b) the provisions of that scheme in relation to that property or those interests, rights or liabilities have effect from the time when the scheme comes into force.

(2) Sub-paragraph (1) is subject to provision under a scheme for—

(a) the transfer of property, rights or liabilities, or

(b) the creation of interests, rights and liabilities,

to be effected by or under an agreement or instrument entered into or executed in pursuance of an obligation imposed by virtue of paragraph 4(1).

(3) A certificate issued by the Secretary of State that any property, rights or liabilities have been transferred under a scheme is conclusive evidence of the transfer.

Commencement Information

I164 Sch. 3 para. 5 in force at 5.3.2015 by S.I. 2015/481, reg. 2(a)

Powers and duties under statutory provisions E+W

6 (1) A scheme may make provision for some or all of the powers and duties to which this paragraph applies— E+W

(a) to be transferred to a transferee,

(b) to become powers and duties that are exercisable, or must be performed, concurrently by two or more transferees, or

(c) to become powers and duties that are exercisable, or must be performed, concurrently by a transferor and a transferee.

(2) The powers and duties to which this paragraph applies are the powers and duties conferred or imposed upon a transferor by or under an enactment so far as they relate to—

(a) property to be transferred in accordance with the scheme,

(b) carrying out works designed to be used in connection with such property, or

(c) acquiring land for the purpose of carrying out such works.

(3) This paragraph does not require a restrictive construction to be given to what may be transferred by virtue of paragraph 2(1)(e).

Commencement Information

I165 Sch. 3 para. 6 in force at 5.3.2015 by S.I. 2015/481, reg. 2(a)

Supplementary provisions of schemes E+W

7 (1) A scheme may— E+W

(a) make such incidental, supplemental, consequential and transitional provision in connection with the scheme as the Secretary of State thinks fit;

(b) make different provision for different cases.

(2) In particular, a scheme may make provision—

(a) for the transferee to be treated as the same person in law as the transferor;

(b) for agreements made, transactions effected or other things done by or in relation to the transferor to be treated, so far as may be necessary for the purposes of or in connection with the transfer, as made, effected or done by or in relation to the transferee;

(c) for references in an agreement, instrument or other document to the transferor, or to an employee or office holder of the transferor, to have effect, so far as may be necessary for the purposes of or in connection with a transfer, with such modifications as are specified in the scheme;

(d) for proceedings commenced by or against the transferor to be continued by or against the transferee.

(3) Sub-paragraph (2)(c) does not apply to references in an enactment.

Commencement Information

I166 Sch. 3 para. 7 in force at 5.3.2015 by S.I. 2015/481, reg. 2(a)

Modification of a scheme by agreement E+W

8 (1) Where the transferor and transferee under a scheme that has come into force so agree, the scheme is to be treated for all purposes as having come into force with such modifications as may be agreed. E+W

(2) An agreement under this paragraph which relates to rights and liabilities under a contract of employment may be entered into only if the employee is a party to the agreement.

(3) An agreement under this paragraph that adversely affects the property or rights of a person other than the transferor, the transferee or such an employee may be entered into only if that person is a party to the agreement.

(4) An agreement under this paragraph may include—

(a) any provision that could have been contained in the scheme;

(b) incidental, supplemental, consequential and transitional provision in connection with any such provision.

Commencement Information

I167 Sch. 3 para. 8 in force at 5.3.2015 by S.I. 2015/481, reg. 2(a)

Continuity of employment etc E+W

9 (1) Where in accordance with a scheme a person employed by a transferor becomes an employee of a transferee— E+W

(a) that person is not to be regarded for the purposes of Part 11 (redundancy payments etc) of the Employment Rights Act 1996 as having been dismissed by virtue of the transfer,

(b) that person's period of employment with the transferor counts for the purposes of that Act as a period of employment with the transferee, and

(c) the change of employment does not break the continuity of the period of employment for the purposes of that Act.

(2) Where in accordance with a scheme a person employed by a transferor becomes an employee of a transferee, the scheme must provide for the transfer of all the rights and liabilities relating to the person's contract of employment.

(3) Where a transfer scheme contains provision for the transfer of rights and liabilities relating to a person's contract of employment but, before the transfer takes effect, the person informs the transferor or the transferee that the person objects to the transfer—

(a) those rights and liabilities are not transferred under the transfer scheme,

(b) the person's contract of employment is terminated immediately before the day on which the transfer would occur, and

(c) the person is not, for any purpose, to be regarded as having been dismissed.

(4) Nothing in sub-paragraph (3) affects the person's right to terminate the contract of employment if, apart from the change of employer, a substantial change is made to the person's detriment in the person's working conditions.

(5) No damages are payable by virtue of a constructive dismissal occurring under sub-paragraph (4) in respect of unpaid wages relating to a notice period which the employee has not worked.

(6) Where a transfer scheme contains provision for the transfer of rights and liabilities relating to a person's contract of employment, it may include provision with respect to—

(a) the person's eligibility to become a member of a pension scheme by virtue of employment with the transferee;

(b) the rights of, or rights or liabilities in respect of, the person under a pension scheme of which the person may become a member by virtue of employment with the transferee;

(c) the rights of, or rights or liabilities in respect of, the person under a pension scheme of which the person is a member by virtue of employment immediately before the transfer.

Commencement Information

I168 Sch. 3 para. 9 in force at 5.3.2015 by S.I. 2015/481, reg. 2(a)

Compensation for third parties E+W

10 (1) A third party is entitled to compensation in respect of the extinguishment of that party's entitlement where— E+W

(a) the entitlement is to an interest or right which would, apart from a provision of a scheme and paragraph 2(3) and (4), have become enforceable in respect of the transfer or creation of any property, rights or liabilities in accordance with the scheme,

(b) the provisions of that scheme or of paragraph 2(3) and (4) have the effect of preventing that party's entitlement to that interest or right from being enforced in respect of anything for which the scheme provides, and

(c) provision is not made by the scheme for securing that an entitlement to that interest or right, or to an equivalent interest or right, is preserved or created so as to arise and be enforceable in respect of the first occasion when corresponding circumstances next occur after the coming into force of the transfers for which the scheme provides.

(2) The amount of compensation to which a third party is entitled under this paragraph is the amount necessary for securing, to the extent that it is just to do so, that the third party does not suffer financial loss from the extinguishment of the entitlement.

(3) A liability to pay compensation under this paragraph falls on the Secretary of State.

(4) This paragraph has effect in relation to—

(a) the provisions of an agreement or instrument entered into or executed in pursuance of an obligation imposed by a scheme, and

(b) the provisions of an agreement under paragraph 8 relating to property, rights or liabilities transferred or created in accordance with a scheme,

as it has effect in relation to the scheme but as if, in the case of an agreement under paragraph 8, only persons who are not parties to the agreement were third parties.

Commencement Information

I169 Sch. 3 para. 10 in force at 5.3.2015 by S.I. 2015/481, reg. 2(a)

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

11 (1) The Secretary of State may direct a strategic highways company, or a former strategic highways company, to provide such information as he or she may consider necessary for the purposes of making a scheme. E+W

(2) The direction must specify the period within which the information is to be provided.

(3) The period specified in the direction must be not less than 28 days beginning with the day on which the direction is given.

(4) If the company fails to comply with the direction, the Secretary of State may serve a notice on the company requiring—

(a) production to the Secretary of State of any documents which are specified or described in the notice and are in the custody or under the control of that company, or

(b) provision to the Secretary of State of such information as may be specified or described in the notice.

(5) Documents or information to be produced or provided in accordance with such a notice must be produced or provided at the time and place, and in the form and manner, specified in the notice.

(6) A direction or notice under this paragraph may not require—

(a) production of a document which a person could not be compelled to produce in civil proceedings, or

(b) provision of information which a person could not be compelled to give in evidence in such proceedings.

(7) If a strategic highways company fails to comply with a notice under sub-paragraph (4), the court may, on the application of the Secretary of State, make such order as the court thinks fit for requiring the failure to be made good.

(8) Any order under sub-paragraph (7) may include provision requiring all the costs or expenses of, or incidental to, the application to be borne by one or more of the following—

(a) the strategic highways company in default;

(b) any officers of that company who are responsible for its default.

(9) In this paragraph, reference to the production of a document includes reference to the production of a legible and intelligible copy of information recorded otherwise than in legible form.

Commencement Information

I170 Sch. 3 para. 11 in force at 5.3.2015 by S.I. 2015/481, reg. 2(a)

Interpretation E+W

12 (1) In this Schedule— E+W

• “third party”, in relation to a scheme, means a person other than a transferor and a transferee;

• “transferee”—

  (a)

  in relation to a scheme, means a person to whom property, rights or liabilities are transferred in accordance with the scheme, and

  (b)

  in relation to particular property, rights or liabilities transferred or created in accordance with a scheme, means the person—

  (i)

  to whom that property or those rights or liabilities are transferred, or

  (ii)

  in whose favour, or in relation to whom, they are created;

• “transferor”—

  (a)

  in relation to a scheme, means the person from whom property, rights or liabilities are transferred in accordance with the scheme, and

  (b)

  in relation to particular property, rights or liabilities transferred or created in accordance with a scheme, means the person—

  (i)

  from whom that property or those rights or liabilities are transferred,

  (ii)

  who, or whose property, is subject to the interest or right created, or

  (iii)

  for whose benefit the liability is created;

• “scheme” means a scheme under section 15.

(2) In this Schedule, reference to employment includes reference to employment in the civil service of the State and, in respect of such employment—

(a) reference to a contract of employment is to be treated as a reference to the terms of employment in the civil service of the State, and

(b) reference to a dismissal is to be treated as a reference to the termination of the employment.

(3) References in this Schedule—

(a) to a right or to an entitlement to a right include references to an entitlement to exercise a right, and

(b) to a right's arising include references to its becoming exercisable.

Commencement Information

I171 Sch. 3 para. 12 in force at 5.3.2015 by S.I. 2015/481, reg. 2(a)

Section 30

SCHEDULE 4 U.K. Mayoral development orders

PART 1 U.K. Main amendments

1 U.K. After section 61D of the Town and Country Planning Act 1990 insert—

“Mayoral development orders U.K.

61DA Mayoral development orders

(1) The Mayor of London may by order (a Mayoral development order) grant planning permission for development specified in the order on one or more sites specified in the order.

(2) The site or sites must fall within—

(a) the area of a local planning authority in Greater London, or

(b) the areas of two or more local planning authorities in Greater London.

(3) The Secretary of State may by development order specify an area or class of development in respect of which a Mayoral development order must not be made.

61DB Permission granted by Mayoral development order

(1) Planning permission granted by a Mayoral development order may be granted—

(a) unconditionally, or

(b) subject to such conditions or limitations as are specified in the order.

(2) A condition imposed by a Mayoral development order may provide for the consent, agreement or approval to a matter specified in the condition to be given by one or more persons specified in the condition.

(3) A person specified in a condition must be the Mayor of London or a relevant local planning authority.

(4) The Secretary of State may by development order provide that, if the consent, agreement or approval of a person required by a condition imposed by a Mayoral development order is not given within a specified period, that consent, agreement or approval may be sought from a specified person.

(5) In subsection (4) “specified” means specified, or of a description specified, in the development order.

(6) The Secretary of State may by development order make provision for a person to apply for planning permission for the development of land without complying with a condition imposed on the grant of planning permission by a Mayoral development order.

(7) A development order under subsection (6) may, in particular make provision similar to that made by section 73, subject to such modifications as the Secretary of State thinks appropriate.

(8) So far as the context requires, in relation to—

(a) an application for the consent, agreement or approval of the Mayor of London to a matter specified in a condition imposed by a Mayoral development order, or

(b) the determination of such an application,

any reference in an enactment to a local planning authority (however expressed) includes a reference to the Mayor.

(9) For the purposes of this Act a local planning authority is a relevant local planning authority in relation to a Mayoral development order or proposed Mayoral development order if a site or part of a site to which the order or proposed order relates is within the authority's area.

61DC Preparation and making of Mayoral development order

(1) The Secretary of State may by development order make provision about the procedure for the preparation and making of a Mayoral development order.

(2) A development order under subsection (1) may in particular make provision about—

(a) notice, publicity and inspection by the public;

(b) consultation with and consideration of views of such persons and for such purposes as are specified in the order;

(c) the making and consideration of representations.

(3) A Mayoral development order may be made only in response to an application to the Mayor of London by each relevant local planning authority.

(4) A proposed Mayoral development order may be consulted on only with the consent of each relevant local planning authority.

(5) A Mayoral development order may not be made unless the order has been approved, in the form in which it is made, by each relevant local planning authority.

(6) If the Mayor of London makes a Mayoral development order, the Mayor must send a copy to the Secretary of State as soon as is reasonably practicable after the order is made.

61DD Revision or revocation of Mayoral development order

(1) The Mayor of London may at any time revise or revoke a Mayoral development order with the approval of each relevant local planning authority.

(2) The Mayor of London must revise a Mayoral development order if the Secretary of State directs the Mayor to do so (and the requirement for the approval of each relevant local planning authority does not apply in those circumstances).

(3) The Secretary of State may at any time revoke a Mayoral development order if the Secretary of State thinks it is expedient to do so.

(4) The power under subsection (3) is to be exercised by order made by the Secretary of State.

(5) If the Secretary of State revokes a Mayoral development order the Secretary of State must state the reasons for doing so.

(6) The Secretary of State may by development order make provision about—

(a) the steps to be taken by the Secretary of State before giving a direction or making an order under this section;

(b) the procedure for the revision or revocation of a Mayoral development order.

(7) A development order under subsection (6) may in particular make provision about—

(a) notice, publicity and inspection by the public;

(b) consultation with and consideration of views of such persons and for such purposes as are specified in the order;

(c) the making and consideration of representations.

61DE Effect of revision or revocation on incomplete development

(1) This section applies if planning permission for development granted by a Mayoral development order is withdrawn at a time when the development has been started but not completed.

(2) For this purpose planning permission for development granted by a Mayoral development order is withdrawn—

(a) if the order is revoked under section 61DD, or

(b) if the order is revised under that section so that it ceases to grant planning permission for the development or materially changes any condition or limitation to which the grant of permission is subject.

(3) The development may, despite the withdrawal of the permission, be completed, subject as follows.

(4) If the permission is withdrawn because the Mayoral development order is revoked by the Mayor of London, the Mayor may make a determination that subsection (3) is not to apply in relation to development specified in the determination.

(5) A determination under subsection (4) must be published in such manner as the Mayor of London thinks appropriate.

(6) If the permission is withdrawn because the Mayoral development order is revoked by an order made by the Secretary of State under section 61DD, the order under that section may provide that subsection (3) is not to apply in relation to development specified in that order.

(7) If the permission is withdrawn because the order is revised as mentioned in subsection (2)(b), the revised order may provide that subsection (3) is not to apply in relation to development specified in the order.

(8) The power under this section to include provision in an order under section 61DD or a Mayoral development order may be exercised differently for different purposes.”

Commencement Information

I172 Sch. 4 para. 1 partly in force; Sch. 4 para. 1 in force for specified purposes at Royal Assent, see s. 57(5)(d)

PART 2 U.K. Consequential amendments

Prospective

2 U.K. The Town and Country Planning Act 1990 is amended as follows.

Prospective

3 U.K. In section 56(5)(a) (time when development begun where planning permission granted by general or local development order) for “or a local development order” substitute “ , a local development order or a Mayoral development order ”.

Prospective

4 U.K. In section 57(3) (planning permission not required for normal use of land where planning permission for development of land granted by development order etc) after “a local development order” insert “ , a Mayoral development order ”.

Prospective

5 U.K. In section 58(1) (planning permission may be granted by development order etc) after “a local development order” insert “ , a Mayoral development order ”.

Prospective

6 U.K. In section 62(2A) (applications for planning permission: references in subsections (1) and (2) to applications for planning permission to include applications under section 61L(2)) after “references to” in the second place insert “—

(a) applications for consent, agreement or approval as mentioned in section 61DB(2), and

(b)”.

Prospective

7 U.K. In section 65(3A) (notice etc of applications for planning permission: references in subsections (1) and (3) to applications for planning permission etc to include applications under section 61L(2) etc) after “references to” in the second place insert “—

(a) any application for consent, agreement or approval as mentioned in section 61DB(2) or any applicant for such consent, agreement or approval, and

(b)”.

Prospective

8 (1) Section 69 (register of applications etc) is amended as follows. U.K.

(2) In subsection (1) (duty of local planning authority to keep register containing information about planning applications etc) after paragraph (c) insert—

“(cza) Mayoral development orders;”.

(3) In subsection (2)(b) (requirement for register to contain information about local development orders etc) after “local development order,” insert “ Mayoral development order, ”.

Prospective

9 (1) Section 71 (consultations in connection with determinations under section 70) is amended as follows. U.K.

(2) In subsection (2ZA) (references in subsections (1) and (2) to applications for planning permission to include applications under section 61L(2)) after “references to” in the second place insert “—

(a) an application for consent, agreement or approval as mentioned in section 61DB(2), and

(b)”.

(3) In subsection (3A) (disapplication of consultation requirement relating to caravan sites in case of neighbourhood development order) after “granted by” insert “ a Mayoral development order or ”.

Prospective

10 U.K. In section 74(1ZA) (directions etc as to method of dealing with applications: references in subsections (1)(c) and (f) to planning permission etc to include approvals under section 61L(2) etc)—

(a) in paragraph (a) after “reference to” in the second place insert “—

(i) a consent, agreement or approval as mentioned in section 61DB(2), and

(ii)”, and

(b) in paragraph (b) after “references to” in the second place insert “—

(i) applications for consent, agreement or approval as mentioned in section 61DB(2), and

(ii)”.

Prospective

11 U.K. In section 77(1) (reference of applications to the Secretary of State)—

(a) for “approval” substitute “ consent, agreement or approval ”, and

(b) after “a local development order” insert “ , a Mayoral development order ”.

Prospective

12 U.K. In section 78(1)(c) (right of appeal against refusal of application for approval under development order etc.) after “a local development order” insert “ , a Mayoral development order ”.

Prospective

13 U.K. In section 88(9) (provision for permission for development in enterprise zones does not prevent planning permission from being granted by other means) after “a local development order” insert “ , a Mayoral development order ”.

Prospective

14 U.K. In section 91(4)(a) (provisions about general condition limiting duration of planning permission do not apply to permission granted by development order etc) after “a local development order” insert “ , a Mayoral development order ”.

Prospective

15 (1) Section 108 (compensation for refusal etc of planning permission formerly granted by development order etc) is amended as follows. U.K.

(2) In the heading after “local development order” insert “ , Mayoral development order ”.

(3) In subsection (1)—

(a) in paragraph (a) after “a local development order” insert “ , a Mayoral development order ”, and

(b) after “the local development order” insert “ , the Mayoral development order ”.

(4) After subsection (1) insert—

“(1A) Where section 107 applies in relation to planning permission granted by a Mayoral development order—

(a) subsection (1) of that section has effect as if it provided for a claim to be made to, and compensation to be paid by, the Mayor of London rather than the local planning authority, and

(b) subject to subsection (1B), sections 109 to 112 have effect where compensation is payable by the Mayor of London under section 107(1) as if references to the local planning authority (however expressed) were references to the Mayor of London.

(1B) Subsection (1A)(b) does not apply to section 110(2) or (4).”

(5) In subsection (2)—

(a) after “a local development order” insert “ , a Mayoral development order ”, and

(b) after “revocation” in both places insert “ , revision ”.

(6) In subsection (3B) after paragraph (b) insert—

“(ba) in the case of planning permission granted by a Mayoral development order, the condition in subsection (3DA) is met, or”.

(7) After subsection (3D) insert—

“(3DA) The condition referred to in subsection (3B)(ba) is that—

(a) the planning permission is withdrawn by the revocation or revision of the Mayoral development order,

(b) notice of the revocation or revision was published in the prescribed manner not less than 12 months or more than the prescribed period before the revocation or revision took effect, and

(c) either—

(i) the development authorised by the Mayoral development order had not begun before the notice was published, or

(ii) section 61DE(3) applies in relation to the development.”

Prospective

16 U.K. In section 109(6) (apportionment of compensation for depreciation: interpretation) in the definition of “relevant planning decision” after “the local development order” insert “ , the Mayoral development order ”.

Prospective

17 U.K. In section 171H(1)(a) (compensation for temporary stop notice: application where activity authorised by development order etc) after “a local development order” insert “ , a Mayoral development order ”.

Prospective

18 U.K. In section 264(5)(ca) (land which is treated as operational land of a statutory undertaker by virtue of planning permission for its development granted by a local development order etc) after “a local development order” insert “ , a Mayoral development order ”.

19 (1) Section 303 (fees for planning applications etc) is amended as follows. U.K.

(2) After subsection (1) insert—

“(1ZA) The Secretary of State may by regulations make provision for the payment of a fee to—

(a) the Mayor of London in respect of an application for consent, agreement or approval as mentioned in section 61DB(2) or the giving of advice about such an application;

(b) a specified person in respect of an application for consent, agreement or approval for which provision is made under section 61DB(4) or the giving of advice about such an application.”

(3) After subsection (10) insert—

“(10A) If the Mayor of London or a specified person calculates the amount of fees in pursuance of provision made by regulations under subsection (1ZA) the Mayor of London or the specified person must secure that, taking one financial year with another, the income from the fees does not exceed the cost of performing the function.”

(4) After subsection (11) insert—

“(12) In this section “specified person” means a person specified by development order under section 61DB(4).”

Commencement Information

I173 Sch. 4 para. 19 partly in force; Sch. 4 para. 19 in force for specified purposes at Royal Assent, see s. 57(5)(d)

Prospective

20 U.K. In section 305(1)(a) (contributions by Ministers towards compensation paid by local authorities) after “local authority” insert “ , the Mayor of London ”.

Prospective

21 U.K. In section 324 (rights of entry) after subsection (1A) insert—

“(1B) Any person duly authorised in writing by the Secretary of State, a local planning authority or the Mayor of London may at any reasonable time enter any land for the purpose of surveying it in connection with—

(a) a proposal by a local planning authority to apply to the Mayor of London for the Mayor to make a Mayoral development order, or

(b) a proposal by the Mayor of London to make a Mayoral development order.”

Prospective

22 (1) Section 333 (regulations and orders) is amended as follows. U.K.

(2) In subsection (4) after “61A(5)” insert “ , 61DD(4), ”.

(3) In subsection (5) after “Wales),” insert “ 61DD(4), ”.

Prospective

23 U.K. In section 336(1) (interpretation) at the appropriate place insert—

““relevant local planning authority” is to be construed in accordance with section 61DB(9);”.

Yn ddilys o 12/04/2015

Section 34

SCHEDULE 5 U.K. Transfer of responsibility for local land charges to Land Registry

PART 1 U.K. Amendments to the Local Land Charges Act 1975

1 U.K. The Local Land Charges Act 1975 is amended as follows.

2 U.K. In the italic heading before section 3 for “registers” substitute “ register ”.

3 U.K. For section 3 (registering authorities, local land charges registers, and indexes) substitute—

“3 The local land charges register

(1) The Chief Land Registrar must keep the local land charges register.

(2) The local land charges register is a register of—

(a) each local land charge registered in a local land charges register for a local authority's area immediately before this section first had effect in relation to that area, and

(b) each local land charge subsequently registered under section 5 or 6 or another relevant enactment in respect of land which is wholly or partly within that area.

(3) Subsection (2) is subject to any later variation or cancellation of the registration of the local land charge.

(4) The local land charges register may be kept in electronic form.

(5) In this section—

• “local authority” means—

  (a)

  a district council,

  (b)

  a county council in England for an area for which there is no district council,

  (c)

  a county council in Wales,

  (d)

  a county borough council,

  (e)

  a London borough council,

  (f)

  the Common Council of the City of London, or

  (g)

  the Council of the Isles of Scilly;

• “relevant enactment” means a provision which is made by or under an Act and which provides for the registration of a charge or other matter as a local land charge.

(6) For the purposes of this section the area of the Common Council of the City of London includes the Inner Temple and the Middle Temple.”

4 U.K. Omit section 4 (the appropriate local land charges register).

5 (1) Section 5 (registration) is amended as follows. U.K.

(2) Omit subsection (1).

(3) For subsections (2) and (3) substitute—

“(2) Subject to subsection (6) below, the originating authority as respects a local land charge must apply to the Chief Land Registrar for its registration in the local land charges register; and on the application being made the Chief Land Registrar must register the charge accordingly.

(3) The registration in the local land charges register of a local land charge, or of any matter which when registered becomes a local land charge, must be carried out by reference to the land affected.”

(4) In subsection (6) for “a local land charges register” substitute “ the local land charges register ”.

6 (1) Section 6 (local authority's right to register a general charge against land in certain circumstances) is amended as follows. U.K.

(2) For subsection (2) substitute—

“(2) At any time before the specific charge comes into existence, the Chief Land Registrar must register a general charge against the land, without any amount being specified, in the local land charges register if the originating authority make an application for that purpose.”

(3) In subsection (3) for “5(1) and (2)” substitute “ 5(2) ”.

(4) In subsection (4)—

(a) for “pursuant to an application by the originating authority, they” substitute “ the originating authority ”, and

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

7 (1) Section 8 (personal searches) is amended as follows. U.K.

(2) In subsection (1)—

(a) for “any local land charges register” substitute “ the local land charges register ”, and

(b) after “fee” insert “ (if any) ”.

(3) In subsection (1A)—

(a) for “a local land charges register is kept otherwise than in documentary” substitute “ the local land charges register is kept in electronic ”, and

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

(4) In subsection (2)—

(a) for “a registering authority” substitute “ the Chief Land Registrar ”, and

(b) omit “authority's”.

8 (1) Section 9 (official searches) is amended as follows. U.K.

(2) In subsection (1)—

(a) omit “appropriate”, and

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

(3) Omit subsection (2).

(4) For subsections (3) and (3A) substitute—

“(3) The prescribed fee (if any) shall be payable in the prescribed manner in respect of any requisition made under this section.”

(5) In subsection (4)—

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

(b) omit “or (3A)”, and

(c) for “the registering authority” substitute “ the Chief Land Registrar ”.

(6) In consequence of the amendment made by sub-paragraph (5)(b), in Schedule 4 to the Constitutional Reform Act 2005 omit paragraph 84(3)(b).

9 (1) Section 10 (compensation for non-registration or defective official search certificate) is amended as follows. U.K.

(2) In subsection (1)—

(a) omit “appropriate” in each place,

(b) in paragraph (aa) for “in a case where” substitute “ if ”, and

(c) in that paragraph for “otherwise than in documentary” substitute “ in electronic ”.

(3) Omit subsection (2).

(4) In subsection (4) for “registering authority in whose area the land affected is situated” substitute “ Chief Land Registrar ”.

(5) In subsection (5)—

(a) for the words from “a registering authority” to “not the originating authority” substitute “ the Chief Land Registrar ”, and

(b) for “the registering authority” in each place substitute “ the Chief Land Registrar ”.

(6) After that subsection insert—

“(5A) An amount equal to any compensation paid under this section by the Chief Land Registrar in respect of a local land charge is also recoverable from the originating authority in a case where the matter within subsection (1) giving rise to the Chief Land Registrar's liability is a consequence of—

(a) an error made by the originating authority in applying to register the local land charge, or

(b) an error made by the originating authority in applying for the registration of the local land charge to be varied or cancelled.”

(7) In subsection (6)—

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

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

(c) after “(5)” in each place insert “ or (5A) ”, and

(d) for “the registering authority” substitute “ the Chief Land Registrar ”.

(8) After subsection (6) insert—

“(6A) The Chief Land Registrar may insure against the risk of liability to pay compensation under this section.”

(9) In subsection (7) for “Limitation Act 1939” substitute “ Limitation Act 1980 ”.

(10) In subsection (9) for “registering authority's” substitute “Chief Land Registrar's”.

10 U.K. In section 12 (office copies as evidence) for “any local land charges register” substitute “ the local land charges register ”.

11 U.K. In section 13 (protection of solicitors, trustees etc) for “a local land charges register” substitute “ the local land charges register ”.

12 (1) Omit section 13A (specification of fees by registering authorities in England). U.K.

(2) In consequence of the amendment made by sub-paragraph (1), in Schedule 4 to the Constitutional Reform Act 2005 omit paragraph 83.

13 (1) Section 14 (rules) is amended as follows. U.K.

(2) In subsection (1)—

(a) in paragraph (a) for “registering authorities” substitute “ the Chief Land Registrar ”,

(b) after paragraph (f) insert—

“(fa) as to the variation without an order of the court of the registration of a local land charge—

(i) on the application or with the consent of the person by whom it is enforceable, or

(ii) of the Chief Land Registrar's own motion;”,

(c) for paragraph (g) substitute—

“(g) as to the cancellation without an order of the court of the registration of a local land charge—

(i) on its cesser,

(ii) on the application or with the consent of the person by whom it is or was enforceable, or

(iii) of the Chief Land Registrar's own motion;”, and”

(d) for paragraph (h) substitute—

“(h) for prescribing the fees to be paid to the Chief Land Registrar for services relating to local land charges provided by the Chief Land Registrar.”

(3) In subsection (2)—

(a) in paragraph (a) for “any local land charges register” substitute “ the local land charges register ”,

(b) after paragraph (a) insert—

“(aa) power to make rules—

(i) prescribing different fees for different services or descriptions of service;

(ii) prescribing services or descriptions of service for which no fees are payable;”, and

(c) for paragraph (b) and the “and” at the end of that paragraph substitute—

“(b) power to make rules about communications for the purposes of this Act, or any statutory provision by virtue of which any matter is registrable in the local land charges register, including rules as to—

(i) the particular means of communication which may or must be used for such purposes (which may include an electronic means of communication),

(ii) the circumstances in which a particular means of communication may or must be used (which may be all circumstances, subject to exceptions);

(iii) the form or contents of anything sent using a particular means of communication;

(ba) power to make rules requiring or enabling anything which is provided to or by the Chief Land Registrar for the purposes of this Act, or any statutory provision by virtue of which any matter is registrable in the local land charges register, to be provided in electronic form;

(bb) power to make rules enabling the Chief Land Registrar, or a person providing services to the Chief Land Registrar, to determine—

(i) any matter within paragraph (b), or

(ii) whether anything of the kind referred to in paragraph (ba) may or must be provided in electronic form; and”.

(4) Sub-paragraphs (5) and (6) apply to the function of the Lord Chancellor under section 14(1) of the Local Land Charges Act 1975 as amended by this paragraph so far as it relates to the power to make rules for prescribing fees and the manner of payment of fees (“the new function”).

(5) The new function is to be treated as having been transferred to the Welsh Ministers by—

(a) the National Assembly for Wales (Transfer of Functions) Order 2004 (S.I. 2004/3044), and

(b) Schedule 11 to the Government of Wales Act 2006,

in the same way as the equivalent function of the Lord Chancellor under that section as it had effect apart from this paragraph (“the old function”).

(6) A provision made by that Order or that Act in respect of the old function continues to apply to the new function.

14 U.K. In section 15(b) (expenses) for “a registering authority” substitute “ the Chief Land Registrar ”.

15 (1) Section 16 (interpretation) is amended as follows. U.K.

(2) In subsection (1) omit the definitions of “the appropriate local land charges register” and “the registering authority”.

(3) In subsection (1A) for “otherwise than in documentary” substitute “ in electronic ”.

16 U.K. In section 19(4) (transitional provision) omit the words from “In so far as” to “so made, but”.

PART 2 U.K. Amendments to the Land Registration Act 2002

17 U.K. The Land Registration Act 2002 is amended as follows.

18 U.K. In section 100 (conduct of business) after subsection (2) insert—

“(2A) Subsections (1) and (2) apply to all functions of the registrar, whether or not conferred by this Act.”

19 U.K. In section 106(1) (incidental powers of registrar in relation to companies) after “Schedule 5,” insert “ or under the Local Land Charges Act 1975, ”.

20 U.K. In paragraph 4 of Schedule 7 (indemnity for members of the land registry in relation to functions relating to land registration) after “land registration” insert “ or local land charges ”.

PART 3 U.K. Amendments to other Acts

Law of Property Act 1925 (c. 20) U.K.

21 U.K. In section 198(1) of the Law of Property Act 1925 (registration in local land charges register to be notice) for “any local land charges register” substitute “ the local land charges register ”.

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

22 U.K. In section 14 of the Requisitioned Land and War Works Act 1948 (registration of rights as to government oil pipelines)—

(a) in subsections (1) and (4)(b) omit “appropriate”,

(b) in subsection (1) for “authority keeping that register that authority” substitute “ Chief Land Registrar, the Chief Land Registrar ”, and

(c) in subsection (4) for “a local land charges register” substitute “ the local land charges register ”.

Cheshire County Council Act 1953 (c. xl) U.K.

23 U.K. In section 25(3) of the Cheshire County Council Act 1953 (notice preventing building next to proposed street to be void unless registered as a local land charge) omit the words from “Provided that” to “local land charge”.

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

24 U.K. The Land Powers (Defence) Act 1958 is amended as follows.

25 U.K. In section 12 (extension of provisions of Requisitioned Land and War Works Acts) in each of subsections (2) and (5) for “appropriate register of local land charges” substitute “ local land charges register ”.

26 U.K. In section 17 (registration of wayleave orders and restrictions under section 16)—

(a) in subsections (2)(a), (2A) and (3)(b) omit “appropriate”,

(b) in subsection (2A) for “authority keeping that register” substitute “ Chief Land Registrar ”, and

(c) in subsection (3) for “a local land charges register” substitute “ the local land charges register ”.

Rights of Light Act 1959 (c. 56) U.K.

27 U.K. The Rights of Light Act 1959 is amended as follows.

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

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

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

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

(5) In subsection (4)—

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

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

(c) omit “appropriate”, and

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

29 U.K. In section 3(2)(c) (period for which notice has effect)—

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

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

30 U.K. In section 7(1) (interpretation)—

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

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

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

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

Leasehold Reform Act 1967 (c. 88) U.K.

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

Land Compensation Act 1973 (c. 26) U.K.

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

Interpretation Act 1978 (c. 30) U.K.

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

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

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

Highways Act 1980 (c. 66) U.K.

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

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

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

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

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

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

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

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

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

PART 4 E+W Transitional provision

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

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

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

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

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

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

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

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

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

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

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

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

Duty of local authorities to assist Chief Land Registrar E+W

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

Continuity of functions E+W

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

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

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

Compensation E+W

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

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

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

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

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

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

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

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

(4) Sub-paragraph (5) applies where—

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

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

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

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

(c) the originating authority—

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

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

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

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

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

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

Interpretation E+W

44 (1) In this Part of this Schedule— E+W

• “local authority” means—

  (a)

  a district council,

  (b)

  a county council in England for an area for which there is no district council,

  (c)

  a county council in Wales,

  (d)

  a county borough council,

  (e)

  a London borough council,

  (f)

  the Common Council of the City of London, or

  (g)

  the Council of the Isles of Scilly;

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

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

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

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

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

Yn ddilys o 01/06/2016

Section 38

SCHEDULE 6 E+W+S Community electricity right regulations

PART 1 E+W+S The right to buy

“Right to buy regulations” E+W+S

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

Kinds of facilities in relation to which right to buy exercisable E+W+S

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

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

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

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

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

(c) the electricity generation capacity of the facility;

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

Identification of qualifying facilities E+W+S

3 (1) Right to buy regulations must make provision enabling those renewable electricity generation facilities which are qualifying facilities to be identified. E+W+S

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

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

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

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

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

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

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

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

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

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

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

(a) community ownership of the facility;

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

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

The promoter E+W+S

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

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

The community E+W+S

5 (1) Right to buy regulations must make provision enabling the following to be identified— E+W+S

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

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

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

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

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

(c) partly in England and partly in Scotland.

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

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

(b) the number of residents;

(c) administrative boundaries of any kind.

The members of the community E+W+S

6 (1) Right to buy regulations must make provision enabling the following to be identified— E+W+S

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

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

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

(a) how old an individual is;

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

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

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

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

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

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

(c) whether an individual is connected with—

(i) the designated promoter or facility operator, or

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

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

(a) the legal form of the group;

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

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

(d) the members of the group;

(e) the aims of the group;

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

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

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

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

(j) whether the group is connected with—

(i) the designated promoter or facility operator, or

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

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

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

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

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

(a) a direct or indirect connection;

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

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

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

Kinds of stake which may be bought through the right to buy E+W+S

7 (1) Right to buy regulations must specify the kinds of stakes in qualifying facilities which may be bought through the right to buy. E+W+S

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

(a) one or more shares in a company;

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

(c) an equitable interest;

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

(e) a loan.

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

Particular kind of stake which may be bought in particular facility E+W+S

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

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

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

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

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

The price of the stakes E+W+S

9 (1) Right to buy regulations must make provision about setting the price of the available stakes in a qualifying facility. E+W+S

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

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

Total value of the offer E+W+S

10 (1) Right to buy regulations must require the offer to consist of stakes whose combined price is— E+W+S

(a) equal to, or

(b) greater than,

the minimum amount described in the regulations.

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

(3) That percentage must not exceed 5%.

(4) The regulations may make provision about—

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

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

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

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

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

(c) to include estimated costs.

(6) In this paragraph—

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

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

Buying a stake E+W+S

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

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

(a) the individuals resident in the community, and

(b) the groups connected with the community,

may buy through the right to buy.

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

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

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

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

(a) development consent under the Planning Act 2008;

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

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

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

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

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

Excessive or insufficient take-up E+W+S

12 (1) Right to buy regulations may make provision (including provision relating to the allocation of stakes)— E+W+S

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

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

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

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

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

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

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

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

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

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

(6) In this paragraph—

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

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

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

Subsequent disposal of a stake E+W+S

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

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

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

(a) an individual resident in a community, or

(b) a body connected with a community.

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

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

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

PART 2 E+W+S Operators, ownership & related matters

“Operator and ownership regulations” E+W+S

14 E+W+S In this Schedule “operator and ownership regulations” means regulations under subsection (2) of section 38.

Bodies that may be facility operators E+W+S

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

Constitutions of facility operators E+W+S

16 (1) Operator and ownership regulations may require the constitution of a facility operator to be in accordance with provision specified in the regulations. E+W+S

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

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

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

Ownership of facility operators E+W+S

17 (1) Operator and ownership regulations may make provision about the ownership of facility operators. E+W+S

(2) The regulations may—

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

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

Conduct of owners of facility operators E+W+S

18 (1) Operator and ownership regulations may make provision about the conduct of the owners of facility operators. E+W+S

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

Revenues E+W+S

19 (1) Operator and ownership regulations may make provision about the treatment of the revenues earned by a qualifying facility. E+W+S

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

PART 3 E+W+S Information

“Information regulations” E+W+S

20 E+W+S In this Schedule “information regulations” means regulations under subsection (3) of section 38.

Particular kinds of information E+W+S

21 E+W+S Information regulations may make provision about the supply of—

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

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

Possible buyers of stakes E+W+S

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

Prospective buyers of stakes E+W+S

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

Applicants for stakes E+W+S

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

Owners of stakes E+W+S

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

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

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

PART 4 E+W+S Supplementary

Interpretation E+W+S

26 E+W+S In this Schedule—

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

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

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

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

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

Yn ddilys o 12/04/2015

Section 42

SCHEDULE 7 E+W+S The licensing levy

The amount of the levy E+W+S

1 E+W+S Regulations may provide for the licensing levy payable in respect of a charging period to increase or decrease over that period.

Basis of amount E+W+S

2 E+W+S Regulations may provide for an amount of licensing levy payable by a licence holder to be calculated by reference to the size of an area to which an energy industry licence held by that person relates.

Amounts payable by different categories of licence holders E+W+S

3 E+W+S Regulations may provide for different categories of licence holders to pay—

(a) different amounts of licensing levy, or

(b) amounts of licensing levy calculated, set or determined in different ways.

Exemptions E+W+S

4 E+W+S Regulations may provide for a category of licence holder to be exempt from payment of the licensing levy.

Unpaid levy E+W+S

5 (1) Regulations may provide for interest (at a rate specified in, or determined under, the regulations) to be charged in respect of unpaid amounts of licensing levy. E+W+S

(2) Regulations may provide for unpaid amounts of licensing levy (together with any interest charged) to be recoverable as a civil debt.

Conferral of functions E+W+S

6 E+W+S Regulations may confer a function (including a function involving the exercise of a discretion) on—

(a) the Secretary of State, or

(b) any other person, apart from the Scottish Ministers or the Welsh Ministers.

Categories of licence holders E+W+S

7 (1) Regulations (including regulations of the kinds mentioned in paragraphs 3 and 4) may provide for a category of licence holder to consist of persons who hold a kind of energy industry licence specified in the regulations. E+W+S

(2) The regulations may (in particular) specify any of the following kinds of energy industry licence—

(a) licences granted under a particular enactment;

(b) licences of a particular description granted under a particular enactment;

(c) licences, or licences of a particular description (including a description falling within paragraph (a) or (b)), granted—

(i) before a particular time,

(ii) after a particular time, or

(iii) during a particular period.

Interpretation E+W+S

8 E+W+S In this Schedule—

• “energy industry licence” means a licence falling within section 42(1);

• “licence holder” means a person who holds an energy industry licence (whether the person was granted it or has, after its grant, acquired it by assignment or other means);

• “regulations” means regulations under section 42(1).