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New Roads and Street Works Act 1991, Section 12 is up to date with all changes known to be in force on or before 17 August 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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(1)An order authorising the charging of tolls by the highway authority (an “extension toll order”) may be made in relation to a road which is or has been subject to a concession.
(2)An extension toll order relating to a special road for which the Secretary of State is the highway authority shall be made by the Secretary of State; and an extension toll order relating to a road for which the highway authority is [F1a strategic highways company or] a local highway authority shall be made by [F2that company or] that authority and confirmed by the Secretary of State.
(3)Any extension toll order must be made so as to come into force not later than—
(a)the end of the toll period under the previous toll order, or
(b)where the concession agreement terminates or is terminated before the end of that period, two years after the termination of the agreement,
whichever is the earlier.
(4)The following provisions of this Act apply in relation to an extension toll order as in relation to a toll order under section 6(1)—
section 7(1) and (2) (the toll period),
section 9 (amount of tolls chargeable by highway authority),
section 10 (application of enactments relating to monopolies, &c.),
section 11 (variation or revocation of order),
sections 13 to 17 (further provisions with respect to tolls), and
section 18 (annual report by Secretary of State).
(5)An extension toll order made by the Secretary of State, and an instrument made by the Secretary of State confirming an extension toll order made by [F3a strategic highways company or] a local highway authority, shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
The provisions of Schedule 2 (procedure in connection with toll orders) do not apply.
Textual Amendments
F1Words in s. 12(2) inserted (5.3.2015) by Infrastructure Act 2015 (c. 7), s. 57(1), Sch. 1 para. 115(2)(a); S.I. 2015/481, reg. 2(a)
F2Words in s. 12(2) inserted (5.3.2015) by Infrastructure Act 2015 (c. 7), s. 57(1), Sch. 1 para. 115(2)(b); S.I. 2015/481, reg. 2(a)
F3Words in s. 12(5) inserted (5.3.2015) by Infrastructure Act 2015 (c. 7), s. 57(1), Sch. 1 para. 115(3); S.I. 2015/481, reg. 2(a)
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