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(i) at the end insert—

(j) authorise the Secretary of State to make payments to a
person in respect of the exercise by the person of
functions under regulations under this section;

(k) 5make provision about the resolution of disputes relating
to the exercise of functions under regulations under this
section, including provision about arbitration or appeals
(which may, in particular, provide for the person
conducting an arbitration or determining an appeal to
10order the payment of costs or compensation).

(4) In subsection (3), after the definition of “fossil fuel supplier” insert—

(5) Section 105 of the Energy Act 2008 (Parliamentary control of subordinate
legislation) is amended in accordance with subsections (6) to (8).

(6) In subsection (2)—

(a) in paragraph (a), omit sub-paragraph (vi);

(b) 20after paragraph (aa) insert—

(ab) regulations which contain (whether alone or together
with other provision) affirmative resolution provision
made under section 100 (renewable heat incentives);.

(7) In subsection (3), after “(2)(a)” insert “, (ab)”

(8) 25After subsection (3) insert—

(3A) Provision made under section 100 is affirmative resolution provision
if—

(a) the provision is made under any of the powers which always
attract the affirmative resolution procedure, or

(b) 30the provision—

(i) is not made under any of those powers, and

(ii) meets condition A, B, C or D.

(3B) The powers which always attract the affirmative resolution procedure
are the powers conferred by—

(a) 35section 100(2)(c), (e), (f), (g), (h) and (k),

(b) section 100(5), and

(c) section 100(6).

(3C) Provision meets condition A if—

(a) it is made under the power conferred by section 100(2)(bb), and

(b) 40it requires a designated fossil fuel supplier to make a payment
under an RHI scheme.

(3D) Provision meets condition B if—

(a) it confers an administration function on a person who is not the
Secretary of State or the Authority, and

(b) 45the time when the provision comes into force will be the first
time that an administration function under the RHI scheme

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concerned is exercisable by a person who is not the Secretary of
State or the Authority.

(3E) Provision meets condition C if—

(a) it is made under a power conferred by paragraph (ba) or (bb)(ii)
5of section 100(2),

(b) it is made in relation to an RHI scheme that was in existence
immediately before the coming into force of this subsection, and

(c) it is the first provision to be made under that power in relation
to that RHI scheme.

(3F) 10Provision meets condition D if—

(a) it is made under a power conferred by paragraph (a), (b), (ba),
(bb), (d) or (j) of section 100(2),

(b) it is made in relation to an RHI scheme that was not in existence
immediately before the coming into force of this subsection, and

(c) 15it is the first provision to be made under that power in relation
to that RHI scheme.

(3G) In deciding whether provision meets condition B, the following matters
must be ignored—

(a) for the purposes of subsection (3D)(a): any provision which
20confers a payment function on designated fossil fuel suppliers;

(b) for the purposes of subsection (3D)(b): any payment function
under the RHI scheme concerned which (before the time when
the provision comes into force) is, or has been, exercisable by
designated fossil fuel suppliers.

(3H) 25The fact that provision is to some extent made under a power conferred
by section 100(1), (1A) or (1B) does not prevent that provision from
being taken (for the purposes of subsections (3A) to (3F)) as being made
under any other power conferred by section 100.

(3I) In subsections (3B) to (3H) and this subsection—

(9) In section 105 of the Utilities Act 2000 (general restrictions on disclosure of
40information), in subsection (3)—

(a) in paragraph (a), omit “or section 100”;

(b) after paragraph (a) insert—

(aa) it is made for the purpose of facilitating any functions of
any person under section 100 of the Energy Act 2008;.

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Consequential provision

45 Consequential provision

(1) The Secretary of State may by regulations make consequential provision in
connection with any provision made by or under this Part (other than section
535).

(2) Regulations under this section may amend, repeal, revoke or otherwise modify
the application of any enactment (but, in the case of an Act, only if the Act was
passed before the end of the Session in which this Act is passed).

(3) In this section “enactment” includes an enactment comprised in subordinate
10legislation within the meaning of the Interpretation Act 1978.

Part 6 General provisions

46 Regulations and orders

(1) Regulations and orders made by the Secretary of State, the Treasury or the
15Welsh Ministers under this Act are to be made by statutory instrument.

(2) A statutory instrument which contains an order under section 1—

(a) appointing a strategic highways company for an area other than the
whole of England, and

(b) which is the first exercise of the power in respect of such an area,

20may not be made unless a draft of the instrument has been laid before and
approved by a resolution of each House of Parliament.

(3) A statutory instrument which contains an order under section 1—

(a) appointing a strategic highways company for an area other than the
whole of England, and

(b) 25which is a subsequent exercise of the power in respect of such an area,

is subject to annulment in pursuance of a resolution of either House of
Parliament.

(4) A statutory instrument containing (whether alone or with other provisions)—

(a) regulations under section 16,

(b) 30regulations under section 33 or 37(11),

(c) regulations under section 40, 41 or 42, or

(d) regulations under section 17 or 45 which amend, repeal or modify the
application of an Act,

may not be made unless a draft of the instrument has been laid before and
35approved by a resolution of each House of Parliament.

(5) Subsection (2) does not apply to a statutory instrument containing only
regulations under section 33(5)(b).

(6) A statutory instrument—

(a) which contains regulations under this Act other than under section 14
40or 48, and

(b) to which subsection (2) does not apply,

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is subject to annulment in pursuance of a resolution of either House of
Parliament.

(7) A statutory instrument which contains regulations under section 14 is subject
to annulment in pursuance of a resolution of the House of Commons.

(8) 5A power to make regulations under this Act may be used—

(a) to make different provision for different purposes;

(b) in relation to all or only some of the purposes for which it may be used.

(9) Regulations under this Act may include incidental, supplementary,
consequential, transitional, transitory or saving provision.

(10) 10Subsections (8) and (9) do not apply to regulations under section 48.

47 Extent

(1) Part

1

(strategic highways companies) extends to England and Wales only,
15save that—

(a) sections 14 and 16 to 18 extend to England and Wales, Scotland and
Northern Ireland, and

(b) an amendment or repeal made by that Part, other than the amendment
made by section 15(7), has the same extent as the provision to which it
20relates.

(2) In Part

2

(powers of British Transport Police Force)—

(a) section 19(1) extends to England and Wales only, and

(b) 25section 19(2) extends to England and Wales and Scotland.

(3) Part

3

(environmental control of animal and plant species) extends to England
and Wales only.

(4) 30In Part

4

(planning, land and buildings)—

(a) an amendment or repeal has the same extent as the provision to which
it relates, and

(b) 35section 28(11) and (12), Part 4 of Schedule 4 and section 29 so far as
applying to that Part and section 32(6) extend to England and Wales
only.

(5) In Part

5

40 (energy)—

(a) sections 33 and 34, sections 36 and 37, sections 38 to 43, section 44,
section 45, and Schedules 5 and 6 extend to England and Wales and
Scotland, and

(b) section 35 extends to England and Wales, Scotland and Northern
45Ireland.

(6) This Part extends to England and Wales, Scotland and Northern Ireland.

48 Commencement

(1) Part

1

50 (strategic highways companies) comes into force—

(a) in so far as it confers power to make regulations, on the day on which
this Act is passed, and

(b) for all other purposes, on such day as the Secretary of State appoints by
regulations.

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(2) Part

2

(powers of British Transport Police Force) comes into force at the end of
the period of two months beginning with the day on which this Act is passed.

(3) 5Part

3

(environmental control of animal and plant species)—

(a) so far as it relates to England, comes into force on such day as the
Secretary of State appoints by regulations, and

(b) 10so far as it relates to Wales, comes into force on such day as the Welsh
Ministers appoint by regulations.

(4) In Part

4

(planning, land and buildings)—

(a) 15sections 23, 24 and 32 come into force on such day as the Secretary of
State appoints by regulations,

(b) section 25 comes into force—

(i) in so far as it confers power to make regulations, on the day on
which this Act is passed, and

(ii) 20for all other purposes, on such day as the Secretary of State
appoints by regulations,

(c) section 26 comes into force on the day on which this Act is passed, and

(d) sections 27, 28, 29, 30 and 31 and Schedule 4 come into force at the end
of the period of two months beginning with the day on which this Act
25is passed.

(5) In the case of section 29 and Schedule 4, subsection (4) has effect subject to Part
4 of that Schedule.

(6) In Part

5

30 (energy)—

(a) sections 33 and 34 and Schedule 5 come into force on 1 June 2016,

(b) section 35 and sections 38 to 43 come into force at the end of the period
of two months beginning with the day on which this Act is passed,

(c) sections 36 and 37 and Schedule 6 come into force on such day as the
35Secretary of State appoints by regulations, and

(d) section 44 and section 45 come into force on the day on which this Act
is passed.

(7) This Part comes into force on the day on which this Act is passed.

(8) Regulations under subsection (1)(b), (3), (4)(a) or (b)(ii) or (6)(c) may appoint
40different days for different purposes or areas.

(9) The Secretary of State may by regulations make transitional, transitory or
saving provision in connection with the coming into force of any provision of
this Act, other than Part

3

45 so far as it relates to Wales.

(10) The Welsh Ministers may by regulations make transitional, transitory or
saving provision in connection with the coming into force of Part

3

so far as it
50relates to Wales.

49 Short title

(1) This Act may be cited as the Infrastructure Act 2014.

(2) Nothing in this Act shall impose any charge on the people or on public
funds, or vary the amount or incidence of or otherwise alter any such charge
55in any manner, or affect the assessment, levying, administration or
application of any money raised by any such charge.

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SCHEDULES

Section 1

SCHEDULE 1 Strategic highways companies: consequential and supplemental amendments

Part 1 5Highways Act 1980

1 The Highways Act 1980 is amended as follows.

2 (1) Section 1 (highway authorities: general provision) is amended as follows.

(2) In subsection (1)—

(a) after “Minister is” insert “, subject to subsection (1A),”;

(b) 10after paragraph (d) insert—

(e) any highway for which he becomes the highway
authority by virtue of section 2 of the Infrastructure
Act 2014.

(3) After subsection (1) insert—

(1A) 15A strategic highways company is the highway authority for—

(a) any highway specified in the appointment of the company in
accordance with Part 1 of the Infrastructure Act 2014;

(b) any highway that is directed to become a trunk road and for
which that company is directed to be highway authority
20under section 10;

(c) any special road provided by the company;

(d) any highway for which an order made under any enactment
expressly provides for that company to be the highway
authority;

(e) 25any highway transferred to the company by an order under
section 14 or 18;

(f) any other highway constructed by the company except
where—

(i) by virtue of section 4(3) or 5(2) or some other
30enactment, a local highway authority is the highway
authority for it; or

(ii) by means of an order under section 14 or 18 the
highway is transferred to a local highway authority.

Paragraphs (a), (b) and (f) do not apply where a local highway
35authority becomes the highway authority by virtue of section 2.

(4) In subsections (2) and (3) to (4)—

(a) after “subsection (1)” insert “or (1A)”;

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(b) after “Minister” insert “or a strategic highways company”.

3 In section 2 (highway authority for road which ceases to be a trunk road), in
subsection (2)—

(a) after the first “Minister” insert “or by a strategic highways
5company”;

(b) after the second “Minister” insert “or the company”.

4 (1) Section 3 (highway authority for approaches to and parts of certain bridges)
is amended as follows.

(2) In subsection (1), after the first “Minister” insert “or a strategic highways
10company”.

(3) In subsection (3), after “Minister” insert “or a strategic highways company”.

5 (1) Section 4 (agreement for exercise by Minister of certain functions of local
highway authority as respects highway affected by construction etc of trunk
road) is amended as follows.

(2) 15In subsection (1)—

(a) after the first “Minister” insert “or a strategic highways company,
whichever is the highway authority for a trunk road (“the trunk road
authority”);

(b) for the second “Minister” substitute “trunk road authority”;

(c) 20for “a trunk road”, wherever occurring, substitute “that trunk road”.

(3) In subsection (2)—

(a) for “Minister”, wherever occurring, substitute “trunk road
authority”;

(b) for “he” substitute “the trunk road authority”.

(4) 25In subsection (3)—

(a) omit “by him”;

(b) for “Minister” substitute “trunk road authority”.

(5) In subsections (4) and (5), for “Minister”, wherever occurring, substitute
“trunk road authority”.

(6) 30In the heading, after “Minister” insert “or strategic highways company”.

6 (1) Section 5 (agreement for local highway authority to maintain and improve
certain highways constructed or to be constructed by Minister) is amended
as follows.

(2) In subsection (1)—

(a) 35after the first “Minister” insert “or a strategic highways company”;

(b) for “their” substitute “the local highway authority’s”;

(c) after the second “Minister” insert “or the company”.

(3) In the heading, after “Minister” insert “or strategic highways company”.

7 (1) Section 6 (delegation etc of functions with respect to trunk roads) is
40amended as follows.

(2) In subsection (1)—

(a) after “Minister” insert “or a strategic highways company”;

(b) after “his” insert “or its”;

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(c) after “him” insert “or it”.

(3) In subsection (1A)—

(a) after “Minister” insert “or a strategic highways company”;

(b) for “their”, wherever occurring, substitute “that council’s”.

(4) 5In subsection (1B)—

(a) after “Minister” insert “or a strategic highways company”;

(b) for “their” substitute “that council’s”.

(5) In subsection (2)—

(a) after “Minister”, wherever occurring, insert “or a strategic highways
10company”;

(b) for “he may attach” substitute “may be attached”.

(6) In subsection (3)—

(a) after “Minister”, wherever occurring, insert “or a strategic highways
company”;

(b) 15after “he” insert “or the company”;

(c) after “him” insert “or the company”.

(7) In subsection (4), after “Minister”, wherever occurring, insert “or a strategic
highways company”.

(8) In subsection (5)—

(a) 20after “Minister” insert “or a strategic highways company”;

(b) in paragraph (b), for “them” substitute “the council”.

(9) In subsection (6), after “Minister”, wherever occurring, insert “or a strategic
highways company”.

(10) In subsection (8)—

(a) 25after “Minister”, wherever occurring, insert “or a strategic highways
company”.

(b) after “his” substitute “or the company’s”.

8 (1) Section 8 (agreements between local highway authorities for doing of certain
works) is amended as follows.

(2) 30In subsection (1)—

(a) after “local highway authorities” insert “and strategic highways
companies”;

(b) for “each other” substitute “other such authorities and companies”.

(3) In the heading, after “local highway authorities” insert “and strategic
35highways companies”.

9 (1) Section 9 (seconding of staff etc) is amended as follows.

(2) In subsection (1)—

(a) after “Minister” insert “or a strategic highways company”.

(b) after “his”, wherever occurring, insert “or the company’s”.

(3) 40In subsection (2), after “Minister” insert “or a strategic highways company”.

10 (1) Section 10 (general provision as to trunk roads) is amended as follows.

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(2) In subsection (2)(a)(i), after “Minister” insert “or a strategic highways
company”.

(3) After subsection (3) insert—

(3A) The power to direct that a highway or proposed highway become a
5trunk road includes the power to direct that a strategic highways
company is the highway authority for that trunk road.

(4) In subsection (8), after “Minister” insert “or a strategic highways company”.

11 (1) Section 11 (local and private Act functions with respect to trunk roads) is
amended as follows.

(2) 10In subsection (1), after “Minister alone” insert “or a strategic highways
company alone, whichever is highway authority for the trunk road (“the
trunk road authority”),”.

(3) In subsection (2), in paragraphs (a), (b) and (c), for “Minister”, wherever
occurring, substitute “trunk road authority”.

12 15In section 14 (powers as respects roads that cross or join trunk or classified
roads), in subsection (3)—

(a) in paragraph (a), after “trunk road” insert “for which he is the
highway authority”;

(b) in paragraph (b), for “in relation to a classified road” substitute “in
20any other case”.

13 (1) Section 16 (general provision as to special roads) is amended as follows.

(2) For subsection (4) substitute—

(4) A reference in this Act to a special road authority is a reference to—

(a) except where paragraph (b) or (c) applies, a highway
25authority authorised to provide a special road by means of—

(i) a scheme under this section, or

(ii) a scheme referred to in subsection (1);

(b) except where paragraph (c) applies, the highway authority
determined to be the special road authority by a jointly
30submitted scheme under subsection (10);

(c) a strategic highways company, where the company is the
highway authority for a special road by virtue of an
appointment under Part 1 of the Infrastructure Act 2014.

(3) In subsection (6)(b)—

(a) 35for “the case” substitute “any other case”;

(b) omit “local”.

(4) In subsection (10)—

(a) omit “local”;

(b) omit from “, references in this Act” to the end.

14 40In section 18 (supplementary orders relating to special roads), in subsection
(3)(b)—

(a) for “the case” substitute “any other case”;

(b) omit “local”.

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15 In section 19 (certain special roads and other highways to become trunk
roads), in subsections (1) and (2), after “Minister”, wherever occurring, insert
“or a strategic highways company”.

16 (1) Section 23 (compensation in respect of certain works executed in pursuance
5of orders under section 14 or 18) is amended as follows.

(2) After the first “Minister,” insert “a strategic highways company,”.

(3) After the second “Minister,” insert “the strategic highways company,”.

17 (1) Section 24 (construction of new highways and provision of road-ferries) is
amended as follows.

(2) 10In subsection (1)—

(a) after “Minister” insert “or a strategic highways company”;

(b) omit “, with the approval of the Treasury,”;

(c) after “he”, wherever occurring, insert “or it”;

(d) in paragraph (d), after “him” insert “or it”;

(e) 15in the words following paragraph (d), after “his” insert “or its”.

(3) After subsection (1) insert—

(1A) Where a strategic highways company proposes to construct a
highway which will communicate with a highway for which another
strategic highways company is the highway authority, the
20communication shall not be made unless the manner in which it is to
be made has been approved by the Secretary of State.

(4) In subsection (2)—

(a) after the first “Minister” insert “or a strategic highways company”;

(b) after the second “Minister” insert “or the company”.

18 (1) 25Section 26 (compulsory powers for creation of footpaths, bridleways and
restricted byways) is amended as follows.

(2) In subsection (1)—

(a) after “local authority” insert “or a strategic highways company”;

(b) after “the authority” insert “or company”;

(c) 30after “them”, wherever occurring, insert “or it”.

(3) In subsection (3)—

(a) after the first “local authority” insert “and a strategic highways
company”;

(b) omit “other”.

(4) 35In subsection (3A)(b), after “local authority” insert “and a strategic highways
company”.

19 In section 38 (power of highway authorities to adopt by agreement), in
subsection (1), after “Minister,” insert “or a strategic highways company,
whichever is the highway authority”.

20 (1) 40Section 41 (duty to maintain highways maintainable at public expense) is
amended as follows.

(2) In subsection (2), after “him” insert “or a strategic highways company”.

Infrastructure BillPage 60

(3) In subsection (4)(b), after “Minister” insert “or the strategic highways
company”.

(4) In subsection (5), after the second “Minister” insert “or the strategic
highways company”.

21 (1) 5Section 55 (extinguishment of liability to maintain or improve bridges
comprised in trunk roads and special roads) is amended as follows.

(2) In subsection (1), after “Minister” insert “or a strategic highways company
(“the trunk road authority”)”.

(3) In subsection (2)—

(a) 10for the first “Minister” substitute “trunk road authority”;

(b) for the second “Minister” substitute “authority”.

(4) In subsection (3), for “Minister”, wherever occurring, substitute “trunk road
authority”.

(5) In subsection (4)—

(a) 15for the first “Minister” substitute “trunk road authority”;

(b) after the second “Minister” insert “, a strategic highways company or
trunk road authority”.

(6) In subsection (5), in the definition of “owners”, for “Minister” substitute
“trunk road authority”.

22 20In section 63 (relief of main carriageway of trunk road from local traffic),
after “Minister” insert “or a strategic highways company”.

23 In section 66 (footways and guard-rails etc for publicly maintainable
highways), in subsection (6)—

(a) after the first “Minister” insert “or a strategic highways company”;

(b) 25after the second “Minister” insert “or the strategic highways
company”.

24 In section 69 (subways), in subsection (2)(a), after “Minister” insert “or a
strategic highways company”.

25 (1) Section 80 (power to fence highways) is amended as follows.

(2) 30In subsection (1)(b), after “Minister” insert “or a strategic highways
company”.

(3) In subsection (3), after “Part III)” insert “and, in the case of a trunk road,
consent has been given under section 175B (consent of highway authority
required for trunk road access).”

(4) 35In subsection (4)—

(a) in paragraph (b)—

(i) after “Minister” insert “or a strategic highways company”;

(ii) after “him” insert “or it”;

(b) in the words following paragraph (b), after “Minister” insert “or a
40strategic highways company”.

26 (1) Section 90C (consultation and local inquiries) is amended as follows.

(2) In subsection (1)—

(a) after “Secretary of State” insert “, a strategic highways company”;

Infrastructure BillPage 61

(b) after “he” insert “, it”.

(3) In subsection (2), after “Secretary of State” insert “, a strategic highways
company”.

(4) In subsection (4)—

(a) 5after “Secretary of State” insert “, a strategic highways company”;

(b) after “him” insert “, it”;

(c) after “he” insert “, it”.

27 (1) Section 93 (power to make orders as to reconstruction, improvement etc of
privately maintainable bridges) is amended as follows.

(2) 10In subsections (1) and (2), omit “local”, wherever occurring.

(3) Omit subsection (5).

28 In section 95 (supplemental provisions as to orders and agreements under
sections 93 and 94), in subsection (2), for the words from “section 94” to the
end substitute “sections 93 and 94 are exercisable by the highway authority
15for the trunk road over, or partly over, the bridge.”

29 In section 97 (lighting of highways), in subsection (1), for “The Minister and
every local” substitute “A”.

30 (1) Section 105A (environmental impact assessments) is amended as follows.

(2) In subsection (2)—

(a) 20after “Secretary of State” insert “or a strategic highways company”;

(b) after the first “he” insert “or it”;

(c) after the second “he” insert “or it, whichever is considering the
project,”.

(3) In subsection (3)—

(a) 25after “Secretary of State” insert “or the strategic highways company”;

(b) after “he” insert “or the company”.

(4) In subsection (4), after “Secretary of State” insert “or the strategic highways
company”.

(5) In subsection (5)(d)—

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