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Infrastructure BillPage 80

138 In section 20 (intervention notices), in subsections (1), (2)(b) and (3), for
“local traffic” substitute “network management”.

139 In section 21 (intervention orders), in subsections (1), (4), (5), (6), (8) and (9),
for “local traffic”, wherever occurring, substitute “network management”.

140 5In section 22 (appointment of traffic director: supplementary), in subsections
(1) and (3), for “local traffic”, wherever occurring, substitute “network
management”.

141 In section 23 (monitoring and reporting), in subsections (1), (2)(b) and (3), for
“local traffic” substitute “network management”.

142 10In section 24 (intervention in activities of local traffic authority), in
subsection (2), and in the heading, for “local traffic” substitute “network
management”.

143 (1) Section 25 (exercise of local traffic authority functions) is amended as
follows.

(2) 15In subsection (2), after “from the” insert “network management”.

(3) In the heading, for “local traffic” substitute “network management”.

144 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”.

145 20In section 30 (recovery of costs from local traffic authorities), in subsections
(1) and (2), and in the heading, for “local traffic” substitute “network
management”.

146 (1) Section 31 (interpretation of Part 2) is amended as follows.

(2) In the definition of “local traffic authority”, after “Secretary of State” insert “,
25a 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—

147 In section 33 (preparation of permit schemes), in subsections (1) and (2), omit
“local”.

148 (1) Section 60 (strategic roads in London: initial designation by Secretary of
35State) is amended as follows.

(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
40being appointed under Part 1 of the Infrastructure Act 2014;.

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149 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”.

150 (1) Section 65 (duty of local highway authority to keep records of objects in
5highway) is amended as follows.

(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) 10in paragraph (a) of the definition of “appropriate national authority”,
after “in relation to” insert “strategic highways companies or”;

(b) after that definition insert—

(4) In the heading, after “Duty of” insert “strategic highways company or”.

Civil Contingencies Act 2004 (c. 36)Civil Contingencies Act 2004 (c. 36)

151 20In 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
25appointed under Part 1 of the Infrastructure Act 2014.

Planning Act 2008 (c. 29)2008 (c. 29)

152 (1) Section 22 of the Planning Act 2008 (highways) is amended as follows.

(2) In subsections (2)(b), (3)(b) and (5)(b), after “Secretary of State” insert “or a
strategic highways company”.

(3) 30In subsection (9), at the appropriate place insert—

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Section 3

SCHEDULE 2 Road Investment Strategy: procedure

Part 1 Setting a Road Investment Strategy

5Introductory

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

(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.

10Step 1: the Secretary of State’s proposals

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

(2) The proposals must include details of—

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

(b) 15the 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) 20provide 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
25Secretary of State considers appropriate.

Step 2: the strategic highways company’s response

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

(a) agreeing to the proposals, or

(b) 30making counter-proposals.

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

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

4 (1) Where the strategic highways company has agreed to proposals under
35paragraph 2, the Secretary of State may publish those proposals as the Road
Investment Strategy.

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

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

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

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

(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) 10the 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.

15Part 2 Varying a Road Investment Strategy

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

(2) Paragraphs 2 to 5 apply to proposals for a varied Road Investment Strategy
20as 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.

Section 13

25SCHEDULE 3 Transfer schemes

Application and commencement of scheme

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

(2) 30A scheme comes into force on the date it appoints.

Property, rights and liabilities that may be transferred

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

(a) property, rights and liabilities that would not otherwise be capable
35of 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;

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(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) 5any 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
10consequence 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) 15That 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.

Dividing and modifying transferor’s property, rights and liabilities

3 (1) 20A scheme may contain provision—

(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
25that 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) 30A 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) 35a 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) 40both 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
45parties in relation to anything to which the scheme relates to be modified in
the manner set out in the scheme.

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(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.

Obligation to effect transfers etc under a scheme

4 (1) A scheme may contain provision for imposing on a transferee or a transferor
5an obligation—

(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,

10as 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.

Effect of scheme

5 (1) Where a scheme provides for the transfer of property, rights or liabilities, or
15for the creation of interests, rights or liabilities—

(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
20scheme 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
25executed 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.

Powers and duties under statutory provisions

6 (1) 30A scheme may make provision for some or all of the powers and duties to
which this paragraph applies—

(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) 35to 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) 40property 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.

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

Supplementary provisions of schemes

7 (1) A scheme may—

(a) 5make 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) 10for 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
15made, 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
20in 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.

Modification of a scheme by agreement

8 (1) 25Where 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.

(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
30a 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) 35any provision that could have been contained in the scheme;

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

Continuity of employment etc

9 (1) Where in accordance with a scheme a person employed by a transferor
40becomes an employee of a transferee—

(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,

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(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
5period of employment for the purposes of that Act.

(2) 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) 10those 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
15dismissed.

(3) Nothing in sub-paragraph (2) 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.

(4) 20Where 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) 25the 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;

(aa) 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.

Compensation for third parties

10 (1) 30A third party is entitled to compensation in respect of the extinguishment of
that party’s entitlement where—

(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,
35rights 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) 40provision 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) 45The 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

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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) 5This 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
10with 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.

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

11 (1) 15The 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.

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

(3) 20The 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
25specified 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
30such 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) 35provision 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
40good.

(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) 45any officers of that company who are responsible for its default.

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(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.

Interpretation

12 (1) 5In this Schedule—

(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) 35reference 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) 40to 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.

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