PART 1Strategic highways companies

Oversight

I1I210Monitor

1

F1The Office of Rail and Road must carry out activities to monitor how a strategic highways company exercises its functions.

2

Those activities may include investigating, publishing reports or giving advice to the Secretary of State on—

a

whether, how and at what cost a strategic highways company has achieved its objectives under a Road Investment Strategy,

b

objectives for a future Road Investment Strategy, and

c

the effect of directions and guidance given by the Secretary of State to a strategic highways company under this Part.

3

The Office may direct a strategic highways company to provide such information as the Office considers necessary for the purpose of carrying out activities under subsection (1).

4

A direction under subsection (3) may specify the form and manner in which the information is to be provided.

5

A direction under subsection (3) may not require—

a

production of a document which the strategic highways company could not be compelled to produce in civil proceedings, or

b

provision of information which the company could not be compelled to give in evidence in such proceedings.

6

The strategic highways company must comply with a direction under subsection (3).

7

The Secretary of State must, in exercising functions under this Part, have regard to any advice given to him or her by the Office under this section.

8

The Secretary of State must lay a report published by the Office under this section before Parliament.

9

In Part 2 (Office of Rail Regulation) of the Railways and Transport Safety Act 2003, after section 15 insert—

15AChange of name

1

The Secretary of State may by regulations make provision for the body established by section 15 to be known by a different name.

2

Regulations under this section may amend this Act or any other enactment, whenever passed or made.

3

Regulations under this section are to be made by statutory instrument.

4

A statutory instrument which contains regulations under this section is subject to annulment in pursuance of a resolution of either House of Parliament.