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

The order shall state whether it authorises the charging of tolls by a concessionaire or by the highway authority.

Subsection (1) is subject to section 33(4) of the Planning Act 2008 (exclusion of powers to make or confirm orders in relation to highways for which development consent required).

A toll order relating to a special road to be provided by the Secretary of State shall be made by the Secretary of State; and a toll order relating to a special road to be provided by F2a strategic highways company or a local highway authority shall be made by F3the company or the authority and confirmed by the Secretary of State.

Schedule 2 has effect as to the making or confirmation of a toll order and as to its validity and date of operation.

The proceedings required to be taken in relation to a toll order shall (so far as practicable) be taken concurrently with the proceedings required to be taken under the M1Highways Act 1980 in relation to the special road scheme authorising the provision of the road to which the order relates.

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

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