Infrastructure Bill (HC Bill 124)

Infrastructure BillPage 70

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

(b) after “he” insert “or it”.

(3) In subsection (2A)—

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

(b) 5after “his” insert “or its”.

74 In section 16A (prohibition or restriction on roads in connection with certain
events), in subsection (6)—

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

(b) after “his” insert “or its”.

75 (1) 10Section 16B (restrictions on orders under s16A) is amended as follows.

(2) In subsection (1)—

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

(b) in paragraph (b), after “he” insert “or it”.

(3) 15In subsection (2), after “Secretary of State” insert “or a strategic highways
company”.

(4) In subsections (4) and (5), for “is not himself the traffic authority, he”
substitute “or a strategic highways company (whichever made the order or
agreed that it should continue in force) is not the traffic authority, he or it”.

(5) 20In subsection (6)—

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

(b) in paragraph (b), after “his” insert “or its”.

76 In section 19 (regulation of use of highways by public service vehicles), in
25subsection (1), after “Greater London” insert “or a strategic highways
company”.

77 (1) Section 23 (powers of local authorities with respect to pedestrian crossings
on roads other than trunk roads) is amended as follows.

(2) In subsections (1) to (3), before “local traffic authority” insert “strategic
30highways company or a”.

(3) For the heading substitute “Powers of strategic highways companies and
local traffic authorities with respect to pedestrian crossings”.

78 In section 24 (pedestrian crossings on trunk roads), in the heading, for
“trunk” substitute “other”.

79 35In section 37 (extension of powers for purposes of general scheme of traffic
control), in subsection (3), after “Secretary of State” insert “or a strategic
highways company”.

80 In section 58 (consents for the purposes of s 57(1)), in paragraph (i) of the
table in subsection (1)—

(a) 40in the first column, after “Secretary of State” insert “or a strategic
highways company”;

(b) in the second column, after “Secretary of State” insert “or the
strategic highways company, whichever is the traffic authority for
the road”.

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81 (1) Section 65 (powers and duties of highway authorities as to placing of traffic
signs) is amended as follows.

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

(3) 5In the heading, for “highway” substitute “traffic”.

82 In section 69 (general provisions as to removal of signs), in subsection (3)—

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

(b) for “the authority” substitute “it or them”.

83 (1) Section 70 (default powers of Secretary of State as to traffic signs) is amended
10as follows.

(2) In subsection (1)—

(a) after “If” insert “a strategic highways company,”;

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

(3) After subsection (2) insert—

(3) 15In England, where subsection (1) applies in respect of non-
compliance with a direction by a traffic authority other than a
strategic highways company—

(a) a strategic highways company may carry out the work
required by the direction with the consent of the Secretary of
20State, and

(b) the expenses incurred by the company in doing so are
recoverable by the company from the authority summarily as
a civil debt.

84 In section 71 (power to enter land in connection with traffic signs), in
25subsection (1), after “A” insert “strategic highways company, a”.

85 (1) Section 74B (transfer of traffic control systems between Secretary of State
and Transport for London) is amended as follows.

(2) In subsections (1) and (2)—

(a) after the first “Secretary of State” insert “or a strategic highways
30company”;

(b) after the second “Secretary of State” insert “or the company”.

(3) In subsection (5), after “Secretary of State” insert “or the strategic highways
company”.

(4) In the heading, after “Secretary of State” insert “or a strategic highways
35company”.

86 In section 83 (provisions as to directions under s 82(2)), in subsection (2)—

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

(b) after the third “by” insert “the company or”.

87 In section 84 (speed limits on roads other than restricted roads), in
40subsection (1B), after “orders of” insert “strategic highways companies or”.

88 (1) Section 85 (traffic signs for indicating speed restrictions) is amended as
follows.

(2) In subsections (2) and (3), omit “local”, wherever occurring.

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(3) After subsection (3) insert—

(3A) In England, where subsection (3) applies in respect of non-
compliance with a direction by a traffic authority other than a
strategic highways company—

(a) 5a strategic highways company may execute the work
required by the direction with the consent of the Secretary of
State, and

(b) the expense incurred by the company in doing so is
recoverable by the company from the authority summarily as
10a civil debt.

89 (1) Section 93 (powers of Secretary of State in relation to functions under s 92) is
amended as follows.

(2) In subsection (2), for “a local” substitute “another”.

(3) In subsection (3), omit “local”.

90 (1) 15Section 94 (bollards and other constructions in Greater London) is amended
as follows.

(2) In subsection (1)—

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

(b) 20after “he”, wherever occurring, insert “or it”;

(c) in paragraph (a), after “Secretary of State” insert “or the company”.

(3) In subsection (2), after “Secretary of State” insert “nor a strategic highways
company”.

(4) In subsection (4)—

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

(b) after the second “Secretary of State” insert “, the company”;

(c) in paragraph (a)—

(i) after “Secretary of State” insert “or a strategic highways
30company”;

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

(iii) for “he might under subsection (1)(a) above require”
substitute “might under subsection (1)(a) be required”.

(5) In subsection (5)—

(a) 35after the first “Secretary of State” insert “, the strategic highways
company”;

(b) after the second “Secretary of State” insert “, the company”.

91 In section 100 (interim disposal of vehicles removed under section 99), in
subsection (3A), after “Secretary of State” insert “or a strategic highways
40company”.

92 In section 101 (ultimate disposal of vehicles abandoned and removable
under this Act), in paragraph (d) of the definition of “competent authority”
in subsection (8), after “Secretary of State” insert “or a strategic highways
company”.

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93 (1) Section 102 (charges for removal, storage and disposal of vehicles) is
amended as follows.

(2) In subsection (2ZA)—

(a) in the substituted paragraph (b)—

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

(ii) after “his” insert “or its”;

(b) in the substituted paragraph (c)—

(i) after “Secretary of State” insert “or a strategic highways
10company”;

(ii) after “him” insert “or it”.

(3) In subsection (4A)—

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

(b) 15after the second “Secretary of State” insert “or the company”.

(4) In subsection (8), in paragraph (c) of the definition of “appropriate
authority”, after “Secretary of State” insert “or a strategic highways
company”.

94 (1) Section 121A (traffic authorities) is amended as follows.

(2) 20After subsection (1AA) insert—

(1AB) A strategic highways company is the traffic authority for every
highway for which it is the highway authority within the meaning of
the Highways Act 1980.

(3) In subsections (2), (3) and (5)(a), after “Secretary of State” insert “or a
25strategic highways company”.

95 (1) Section 122 (exercise of functions by local authorities) is amended as follows.

(2) In subsection (1), after “every” insert “strategic highways company and”.

(3) In subsection (2)(d), after “appearing to” insert “the strategic highways
company or”.

(4) 30In the heading, after “functions by” insert “strategic highways companies
or”.

96 In section 124A (GLA side roads), in subsection (4), after “Secretary of State”
insert “or a strategic highways company”.

97 In section 124B (orders of the Authority changing what are GLA side roads),
35in subsection (2)(a), after “Secretary of State” insert “or a strategic highways
company”.

98 In section 142 (general interpretation of Act), in subsection (1), at the
appropriate place insert—

  • “strategic highways company” means a company appointed
    40under section 1 of the Infrastructure Act 2014;.

99 (1) Schedule 9 (special provision as to certain orders) is amended as follows.

(2) In paragraph 1, after “consultation with” insert “a strategic highways
company or”.

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(3) In paragraph 7, omit sub-paragraph (3).

(4) In paragraph 13—

(a) after sub-paragraph (1)(b) insert—

(ba) applying to a road for which a strategic highways
5company is the traffic authority, or.

(b) in sub-paragraph (1), for “or sub-paragraph (3)” substitute “, (3) or
(4)”;

(c) after sub-paragraph (3) insert—

(4) This sub-paragraph applies where it is proposed to include
10in the order provision mentioned in sub-paragraph (1)(ba),
in which case the order must not be made without the
consent of the strategic highways company.

(5) In paragraph 14—

(a) the existing provision becomes sub-paragraph (1);

(b) 15in sub-paragraph (1), after “except” insert “in a case to which sub-
paragraph (2) applies or”;

(c) after sub-paragraph (1) insert—

(2) This sub-paragraph applies where it is proposed to include
in the order provision mentioned in paragraph 13(1)(ba),
20in which case the order must not be made without the
consent of the strategic highways company.

(6) After paragraph 14 insert—

14A (1) This paragraph applies where a strategic highways company
proposes, other than further to a direction under paragraph 2, to
25include provision mentioned in paragraph 13(1)(b) or (c) to (f) in
an order made by it under sections 1, 6, 9, 83(2) or 84.

(2) Where this paragraph applies, the order must not be made
without the consent of the Secretary of State.

(7) In paragraph 15(1)—

(a) 30for “and 14” substitute “to 14A”;

(b) for “local” substitute “traffic”.

(8) In paragraph 16(2), for “local” substitute “traffic”.

(9) In paragraph 20(1)—

(a) after “and 84,” insert “a strategic highways company,”;

(b) 35after the second “of this Act,” insert “the company,”.

(10) In paragraph 21, after “orders of” insert “a strategic highways company or”.

Transport Act 1985 (c. 67)1985 (c. 67)

100 In section 112G of the Transport Act 1985 (representations following an
investigation by the Passengers’ Council), in subsection (1), for paragraph
40(d) substitute—

(d) a strategic highways company for the time being appointed
under Part 1 of the Infrastructure Act 2014;.

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Dartford-Thurrock Crossing Act 1988 (c. 20)1988 (c. 20)

101 In the Dartford-Thurrock Crossing Act 1988, after section 46 (interpretation)
insert—

46A Appointment of a strategic highways company

(1) 5This section applies in any period in which, by virtue of an
appointment under section 1 of the Infrastructure Act 2014, a
strategic highways company is the highway authority for the
highways comprised in the tunnel crossing or the bridge.

(2) The reference to the Secretary of State in section 12(4) (crossing
10operator) is to be read as a reference to the strategic highways
company.

(3) References to the Secretary of State in the following provisions are to
be read as references to the strategic highways company—

(a) section 24(1)(a) and (b) (special traffic restrictions);

(b) 15section 27(1) and (2) (bicycles);

(c) section 37 (powers in relation to River Thames);

(d) section 38 (restriction on works on crossing);

(e) Schedule 7 (protective provisions), except—

(i) paragraph 2 of Part 1, and

(ii) 20paragraph 2 of Part 3.

Road Traffic Act 1988 (c. 52)Road Traffic Act 1988 (c. 52)

102 In section 44 (authorisation of use on roads of special vehicles not complying
with regulations under section 41) of the Road Traffic Act 1988, after
subsection (3) insert—

(4) 25The function of the Secretary of State under subsection (1) in the case
of orders applying only to—

(a) specified vehicles, or

(b) vehicles of specified persons,

may be delegated to a strategic highways company.

(5) 30A delegation under subsection (4) may specify—

(a) the extent to which the function is delegated;

(b) any conditions to which the delegation is subject.

Town and Country Planning Act 1990 (c. 8)Town and Country Planning Act 1990 (c. 8)

103 (1) Section 247 of the Town and Country Planning Act 1990 (highways affected
35by development: orders by Secretary of State) is amended as follows.

(2) In subsection (3)—

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

(b) in paragraph (c), after “Secretary of State” insert “or a strategic
40highways company”.

(3) In subsection (3A)—

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(a) after paragraph (a) insert—

(aa) a strategic highways company,;

(b) after the second “Secretary of State,” insert “the strategic highways
company,”.

104 5In section 248 (highways crossing or entering route of proposed new
highway etc), in subsection (1)(a), after “Secretary of State” insert “or a
strategic highways company”.

105 In section 254 (compulsory acquisition of land in connection with
highways), in subsection (1), after “local highway authority” insert “or a
10strategic highways company”.

106 In section 256 (electronic communications apparatus: orders by Secretary of
State), in subsection (3) omit “local”.

107 In section 336 (interpretation), in subsection (1)—

(a) in the definition of “local highway authority”, after “Secretary of
15State” insert “or a strategic highways company”;

(b) at the appropriate place insert—

  • “strategic highways company” means a company for
    the time being appointed under Part 1 of the
    Infrastructure Act 2014;.

108 (1) 20Schedule 13 (blighted land) is amended as follows.

(2) In paragraph 16, for “if he” substitute “or a strategic highways company if
he or it”.

(3) In paragraph 18—

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

(b) 25after “him” insert “or it”;

(c) after “he” insert “or it”.

Environmental Protection Act 1990 (c. 43)Environmental Protection Act 1990 (c. 43)

109 The Environmental Protection Act 1990 is amended as follows.

110 (1) Section 89 (duty to keep land and highways clear of litter etc) is amended as
30follows.

(2) In subsection (1)—

(a) in paragraph (b), after “special road” insert “(other than one to which
paragraph (ba)(i) applies)”;

(b) after paragraph (b) insert—

(ba) 35a strategic highways company as respects—

(i) any trunk road which is a special road for
which it is the highway authority, and

(ii) any relevant highway for which it is
responsible,.

(3) 40In subsection (2)—

(a) in paragraph (b), after “special road” insert “(other than one to which
paragraph (c)(i) applies)”;

(b) after paragraph (b) insert—

(c) a strategic highways company as respects—

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(i) any trunk road which is a special road for
which it is the highway authority, and

(ii) any relevant highway for which it is
responsible,.

111 (1) 5Section 98 (definitions) is amended as follows.

(2) In subsection (5), after “public expense”),” insert ““highway authority”,”.

(3) After subsection (5A) insert—

(5B) Strategic highways company” means a company for the time being
appointed under Part 1 of the Infrastructure Act 2014.

10New Roads and Street Works Act 1991 (c. 22)New Roads and Street Works Act 1991 (c. 22)

112 The New Roads and Street Works Act 1991 is amended as follows.

113 In section 6 (toll orders), in subsection (2)—

(a) after the second “provided by” insert “a strategic highways company
or”;

(b) 15after the second “made by” insert “the company or”.

114 (1) Section 12 (extension toll orders) is amended as follows.

(2) In subsection (2)—

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

(b) 20after the second “made by” insert “that company or”.

(3) In subsection (5), after the third “made by” insert “a strategic highways
company or”.

115 (1) Section 26 (interpretation) is amended as follows.

(2) After subsection (1) insert—

(1A) 25In this Part, “strategic highways company” means a company for the
time being appointed under Part 1 of the Infrastructure Act 2014.

(3) In subsection (3)—

(a) in the first column of the table, at the appropriate place insert
“strategic highways company”;

(b) 30in the second column opposite that entry insert “section 26(1)”.

116 In section 49 (the street authority and other relevant authorities), in
subsection (2)—

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

(b) after “his” insert “or its”.

117 35In section 63 (streets with special engineering difficulties), in subsection (3),
after “Where” insert “a strategic highways company or”.

118 In section 74 (charge for occupation of the highway where works
unreasonably prolonged), in subsection (7A)(a), after “application by” insert
“strategic highways companies or”.

119 (1) 40Section 74A (charge determined by reference to duration of works) is
amended as follows.

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

(3) In subsection (10)(a), after “application by” insert “strategic highways
companies or”.

120 In section 86 (highway authorities, highways and related matters), after
5subsection (1) insert—

(1A) In this Part, “strategic highways company” means a company for the
time being appointed under Part 1 of the Infrastructure Act 2014.

121 In section 106 (index of defined expressions)—

(a) in the first column of the table, at the appropriate place insert
10“strategic highways company”;

(b) in the second column opposite that entry insert “section 86(1A)”.

122 (1) Schedule 2 (procedure in connection with toll orders) is amended as follows.

(2) In paragraph 1—

(a) in sub-paragraph (2)—

(i) 15after “Secretary of State by” insert “a strategic highways
company or”;

(ii) after “local highway authority,” insert “the company or”.

(b) in sub-paragraph (3), after “Secretary of State” insert “, the strategic
highways company”.

(3) 20In paragraph 2(1), 3 and 4(1) after “Secretary of State” insert “, the strategic
highways company”.

123 In Schedule 3 (street works licences), in paragraph 9—

(a) in sub-paragraph (1)—

(i) after “is made to” insert “a strategic highways company or”;

(ii) 25in paragraph (a), after “refusal of” insert “the company or”;

(b) in sub-paragraph (3)—

(i) after “decision of” insert “the strategic highways company
or”;

(ii) after “duty of” insert “that company or”.

30Transport Act 2000 (c. 38)Transport Act 2000 (c. 38)

124 The Transport Act 2000 is amended as follows.

125 In section 167 (trunk road charging schemes), in subsection (1)(a), after “he”
insert “or a strategic highways company”.

126 In section 176 (equipment etc), after subsection (1) insert—

(1A) 35In relation to a charging scheme under section 167 (trunk road
charging schemes), a strategic highways company may—

(a) install and maintain, or authorise the installation and
maintenance of, any equipment, or

(b) construct and maintain, or authorise the construction and
40maintenance of, any buildings or other structures,

used or to be used for or in connection with the operation of a
charging scheme under that section.

127 (1) Section 177 (traffic signs) is amended as follows.

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(2) After subsection (3) insert—

(3A) The Secretary of State may direct a strategic highways company to
place and maintain traffic signs, or cause traffic signs to be placed
and maintained, in connection with a trunk road charging scheme.

(3) 5In subsection (4), after “an authority” insert “or a strategic highways
company”.

Traffic Management Act 2004 (c. 18)Traffic Management Act 2004 (c. 18)

128 The Traffic Management Act 2004 is amended as follows.

129 (1) Section 1 (traffic officers: introduction) is amended as follows.

(2) 10In subsection (2)(b), after “national authority” insert “or a strategic highways
company”.

(3) In subsection (5), after “Secretary of State” insert “or a strategic highways
company”.

130 (1) Section 11 (uniform) is amended as follows.

(2) 15The existing provision becomes subsection (1) of section 11.

(3) After subsection (1) insert—

(2) The Secretary of State may delegate his or her function under
subsection (1) to a strategic highways company.

(3) A delegation under subsection (2) may specify—

(a) 20the extent to which the function is delegated;

(b) any conditions to which the delegation is subject.

131 In section 12 (power to charge for traffic officer services provided on
request), after “national authority” insert “or, as respects England, a strategic
highways company”.

132 25In section 15 (interpretation of Part 1), at the appropriate place insert—

  • “strategic highways company” means a company for the time
    being appointed under Part 1 of the Infrastructure Act 2014;.

133 In the heading to Part 2, after “local traffic authorities” insert “and strategic
highways companies”.

134 (1) 30Section 16 (the network management duty) is amended as follows.

(2) In subsection (1), after “local highway authority” insert “or a strategic
highways company (“the network management authority”)”.

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

135 In section 17 (arrangements for network management), in subsection (1), for
35“local traffic” substitute “network management”.

136 In section 18 (guidance to local authorities), in subsections (1) and (2), and in
the heading, for “local traffic” substitute “network management”.

137 In section 19 (power to require information relating to network
management), in subsections (1), (2) and (3), for “local traffic”, wherever
40occurring, substitute “network management”.