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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 2015.

(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 2015;

(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 2015.

(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”.

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(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”;

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(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)—

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

(b) after “his” insert “or its”.

31 (1) Section 105B (procedure) is amended as follows.

(2) In subsection (1)—

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

(b) 35after “him” insert “or it (as the case may be)”.

(3) In subsection (3), after “Secretary of State” insert “or the strategic highways
company (as the case may be)”.

(4) In subsection (3A)—

(a) in paragraphs (a) and (h), after “Secretary of State” insert “or the
40strategic highways company”;

(b) in paragraph (i), after “Secretary of State” insert “or the strategic
highways company (as the case may be)”;

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

(5) In subsections (3B) and (3C), after “Secretary of State” insert “or the strategic
highways company”.

(6) 5In subsection (4)—

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

(b) after “he” insert “or it”.

(7) In subsection (5)—

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

(b) in paragraphs (b) and (c)—

(i) after “Secretary of State” insert “or the strategic highways
company (as the case may be)”;

(ii) after “him” insert “or it”.

(8) 15In subsection (5A)—

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

(b) after “him”, wherever occurring, insert “or it”.

(9) In subsection (6)—

(a) 20after “Secretary of State” insert “or the strategic highways company
(as the case may be)”;

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

(c) after “his”, wherever occurring, insert “or its”.

(10) In subsection (7), after “Secretary of State”, wherever occurring, insert “or
25the strategic highways company”.

(11) In subsection (8)(e), after “Secretary of State” insert “, the strategic highways
company”.

32 (1) Section 105C (other EEA States) is amended as follows.

(2) In subsection (1)—

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

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

(3) In subsection (2)—

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

(b) in paragraph (a), after “him” insert “or the company”;

(c) in paragraphs (b) and (c), after “he” insert “or the company”.

(4) In subsection (4)—

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

(b) 40in paragraphs (a) and (c), after “he” insert “or the company”.

(5) In subsection (5)—

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

(b) after “he”, wherever occurring, insert “or the company”;

(c) in paragraph (b), after “him” insert “or the company”.

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(6) In subsections (6) and (7), after “Secretary of State” insert “or the strategic
highways company”.

33 In section 105D (validity of decisions), in subsection (1), after “Secretary of
State” insert “or a strategic highways company”.

34 (1) 5Section 106 (orders and schemes providing for construction of bridges over
or tunnels under navigable waters) is amended as follows.

(2) In subsection (3)—

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

(b) 10after “the authority” insert “or company”.

(3) In subsection (6), omit “local”.

35 In section 108 (power to divert navigable watercourses), in subsection (2)(b),
for “a local” substitute “any other”.

36 In section 110 (power to divert non-navigable watercourses and to carry out
15other works on any watercourse), in subsection (6)(b), for “, they shall not
carry them” substitute “or a strategic highways company, they must not be
carried”.

37 (1) Section 112 (provision of picnic sites and public conveniences for users of
trunk roads) is amended as follows.

(2) 20In subsection (1), after “Minister” insert “or a strategic highways company”.

(3) In subsection (2)—

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

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

(4) In subsections (3) to (5), after “Minister”, wherever occurring, insert “or a
25strategic highways company”.

(5) In subsection (6)—

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

(b) after “him” insert “or it”.

(6) 30In subsection (7), after “Minister” insert “or a strategic highways company”.

38 (1) Section 113 (exercise by council of functions of Minister with respect to
management or provision of picnic sites etc) is amended as follows.

(2) In subsection (1)—

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

(b) 35after “his” insert “or its”;

(c) after “him” insert “or it”.

(3) In subsection (2), omit “by Minister”.

(4) In subsection (3)—

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

(b) 40in paragraph (b), after “he” insert “or it”;

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

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(5) In subsections (5) and (7), after “Minister” insert “or a strategic highways
company”.

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

39 (1) Section 124 (stopping up of private access to highways) is amended as
5follows.

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

(3) In subsection (3)—

(a) for “a local” substitute “any other”;

(b) 10in paragraph (b), for “local” substitute “other”.

(4) In subsection (4)(d) and (e), omit “local”, wherever occurring.

(5) In subsection (5)—

(a) after “order made by” insert “a strategic highways company or”;

(b) omit the second “local”.

(6) 15In subsections (6) and (7), omit “local”.

40 In section 129 (further provision with respect to new means of access), in
subsection (3), for “a local” substitute “any other”.

41 In section 154 (cutting or felling etc trees etc that overhang or are a danger to
roads or paths), in subsection (1)(a)—

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

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

42 In section 174 (precautions to be taken by persons executing works in
streets), in subsections (1A) and (1B), omit “local”.

43 Before section 176 insert—

175B 25 Consent of highway authority required for trunk road access

(1) Access to or from a trunk road in England must not be constructed,
formed or laid out without the consent of the highway authority for
the trunk road.

(2) Subsection (1) does not apply where—

(a) 30section 24(2) applies, or

(b) development consent is required under the Planning Act
2008.

44 In section 232 (power to treat as a private street land designated for purposes
of this section by development plan), in subsection (7), after “constructed
35by” insert “a strategic highways company or”.

45 (1) Section 239 (acquisition of land for construction, improvement etc of
highway: general powers) is amended as follows.

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

(3) In subsection (2)—

(a) 40after “Minister” insert “or a strategic highways company”;

(b) after “his” insert “or its”.

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