SCHEDULE 2Amendments to the Highways Act 1980

5

1

Section 105C is amended as follows.

2

In subsection (1)—

a

in paragraph (a)—

i

for “Secretary of State or a strategic highways company” substitute “project authority”;

ii

for “105A(3)” substitute “105B”;

b

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

3

In subsection (2)—

a

in the opening words for “Secretary of State or the strategic highways company” substitute “project authority”;

b

in paragraph (a) for “him or the company” substitute “the authority”;

c

in paragraphs (b) and (c) for “he or the company” substitute “the authority”.

4

In subsection (3), for “the determination referred to in section 105B(1)” substitute “the notice under section 105B(2)(b)”.

5

In subsection (4)—

a

in the opening words, for “Secretary of State or the strategic highways company” substitute “project authority”;

b

in paragraphs (a) and (c), for “he or the company” substitute “the authority”;

c

in paragraph (b)—

i

for “subsection (3A)” substitute “subsection (6)”;

ii

for “subsection (3)” substitute “subsection (2)(b)”.

6

In subsection (5)—

a

for the opening words substitute “The project authority must also”;

b

in paragraph (a)—

i

in the opening words, for “he or the company” substitute “the authority”;

ii

for paragraph (i) substitute—

i

the consultation bodies, and

c

in paragraph (b)—

i

for “him and the company” substitute “the project authority”;

ii

for “he and the company” substitute “the project authority”.

7

after subsection (6), insert—

6A

The consultations required under subsection (6)(a) may be carried out through an appropriate joint body (within the meaning of the Directive).

8

Omit subsection (7).