Previous Next

Contents page 1-9 10-19 20-29 30-39 40-48 50-59 60-69 70-79 80-89 90-99 100-109 110-119 120-128 130-139 140-149 150-159 160-169 170-179 Last page

Infrastructure BillPage 80

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

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

(d) 5a strategic highways company for the time being appointed
under Part 1 of the Infrastructure Act 2014;.

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

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

46A 10Appointment of a strategic highways company

(1) This 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) 15The reference to the Secretary of State in section 12(4) (crossing
operator) 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) 20section 24(1)(a) and (b) (special traffic restrictions);

(b) section 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) 25paragraph 2 of Part 1, and

(ii) paragraph 2 of Part 3.

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

103 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
30subsection (3) insert—

(4) The 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,

35may be delegated to a strategic highways company.

(5) A 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)

104 (1) 40Section 247 of the Town and Country Planning Act 1990 (highways affected
by development: orders by Secretary of State) is amended as follows.

Infrastructure BillPage 81

(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
5highways company”.

(3) In subsection (3A)—

(a) after paragraph (a) insert—

(aa) a strategic highways company,;

(b) after the second “Secretary of State,” insert “the strategic highways
10company,”.

105 In 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”.

106 In section 254 (compulsory acquisition of land in connection with
15highways), in subsection (1), after “local highway authority” insert “or a
strategic highways company”.

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

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

(a) 20in the definition of “local highway authority”, after “Secretary of
State” insert “or a strategic highways company”;

(b) at the appropriate place insert—

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

(b) after “him” insert “or it”;

(c) after “he” insert “or it”.

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

110 The Environmental Protection Act 1990 is amended as follows.

111 (1) 35Section 89 (duty to keep land and highways clear of litter etc) is amended as
follows.

(2) In subsection (1)—

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

(b) 40after paragraph (b) insert—

(ba) a strategic highways company as respects—

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

Infrastructure BillPage 82

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

(3) In subsection (2)—

(a) in paragraph (b), after “special road” insert “(other than one to which
5paragraph (c)(i) applies)”;

(b) after paragraph (b) insert—

(c) a strategic highways company as respects—

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

(ii) 10any relevant highway for which it is
responsible,.

112 (1) Section 98 (definitions) is amended as follows.

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

(3) After subsection (5A) insert—

(5B) 15Strategic highways company” means a company for the time being
appointed under Part 1 of the Infrastructure Act 2014.

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

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

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

(a) 20after the second “provided by” insert “a strategic highways company
or”;

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

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

(2) In subsection (2)—

(a) 25after “highway authority is” insert “a strategic highways company
or”;

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

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

116 (1) 30Section 26 (interpretation) is amended as follows.

(2) After subsection (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.

(3) In subsection (3)—

(a) 35in the first column of the table, at the appropriate place insert
“strategic highways company”;

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

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

(a) 40after “Secretary of State” insert “or a strategic highways company”;

(b) after “his” insert “or its”.

Infrastructure BillPage 83

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

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

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

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

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

121 In section 86 (highway authorities, highways and related matters), after
subsection (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.

122 15In section 106 (index of defined expressions)—

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

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

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

(2) 20In paragraph 1—

(a) in sub-paragraph (2)—

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

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

(b) 25in sub-paragraph (3), after “Secretary of State” insert “, the strategic
highways company”.

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

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

(a) 30in sub-paragraph (1)—

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

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

(b) in sub-paragraph (3)—

(i) after “decision of” insert “the strategic highways company
35or”;

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

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

125 The Transport Act 2000 is amended as follows.

126 In section 167 (trunk road charging schemes), in subsection (1)(a), after “he”
40insert “or a strategic highways company”.

Infrastructure BillPage 84

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

(1A) In 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
5maintenance of, any equipment, or

(b) construct and maintain, or authorise the construction and
maintenance 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.

128 (1) 10Section 177 (traffic signs) is amended as follows.

(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) 15In subsection (4), after “an authority” insert “or a strategic highways
company”.

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

129 The Traffic Management Act 2004 is amended as follows.

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

(2) 20In 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”.

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

(2) 25The 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) 30the extent to which the function is delegated;

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

132 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”.

133 35In section 15 (interpretation of Part 1), at the appropriate place insert—

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

135 (1) 40Section 16 (the network management duty) is amended as follows.

Infrastructure BillPage 85

(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”.

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

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

138 In section 19 (power to require information relating to network
management), in subsections (1), (2) and (3), for “local traffic”, wherever
10occurring, substitute “network management”.

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

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

141 15In section 22 (appointment of traffic director: supplementary), in subsections
(1) and (3), for “local traffic”, wherever occurring, substitute “network
management”.

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

143 20In section 24 (intervention in activities of local traffic authority), in
subsection (2), and in the heading, for “local traffic” substitute “network
management”.

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

(2) 25In subsection (2), after “from the” insert “network management”.

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

145 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”.

146 30In section 30 (recovery of costs from local traffic authorities), in subsections
(1) and (2), and in the heading, for “local traffic” substitute “network
management”.

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

(2) In the definition of “local traffic authority”, after “Secretary of State” insert “,
35a 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—

Infrastructure BillPage 86

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

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

(2) 5In 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
being appointed under Part 1 of the Infrastructure Act 2014;.

150 10In 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”.

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

(2) 15In subsection (1)—

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

(b) after “placed by” insert “that company or”.

(3) In subsection (4)—

(a) in paragraph (a) of the definition of “appropriate national authority”,
20after “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)

152 In Part 3 of Schedule 1 to the Civil Contingencies Act 2004 (category 2
30responders: 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
appointed under Part 1 of the Infrastructure Act 2014.

35Planning Act 2008 (c. 29)2008 (c. 29)

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

Section 3

SCHEDULE 2 Road Investment Strategy: procedure

Part 1 5Setting a Road Investment Strategy

Introductory

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
10year of that section coming into force.

Step 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) 15the objectives to be achieved by the company,

(b) the 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) 20specify a date before which the company is to respond, and

(b) provide 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) 25such other information in support of the proposals as the
Secretary 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) 30agreeing to the proposals, or

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

Infrastructure BillPage 88

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

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

5Step 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
Secretary 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) 10publish as the Road Investment Strategy—

(i) the Secretary of State’s proposals, or

(ii) the 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) 15Publication under sub-paragraph (1)(b) may be in such manner as the
Secretary of State considers appropriate.

Part 2 Varying a Road Investment Strategy

6 (1) This paragraph applies where the Secretary of State is considering varying a
20Road Investment Strategy.

(2) Paragraphs 2 to 5 apply to proposals for a varied Road Investment Strategy
as 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
25desirability of maintaining certainty and stability in respect of Road
Investment Strategies.

Section 13

SCHEDULE 3 Transfer schemes

Application and commencement of scheme

1 (1) 30The property, rights and liabilities to be transferred may be specified or
described by a scheme.

(2) A 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
35include—

(a) property, rights and liabilities that would not otherwise be capable
of being transferred or assigned;

Infrastructure BillPage 89

(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;

(d) rights and liabilities arising after the scheme comes into force in
5respect 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) any requirement to obtain a person’s consent or concurrence,

(b) any liability in respect of a contravention of another requirement, or

(c) 10any interference with an interest or right,

which would otherwise apply.

(3) Sub-paragraph (4) applies where a person would otherwise be entitled, in
consequence of anything done, or likely to be done, in connection with a
scheme—

(a) 15to 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) That entitlement is enforceable in relation to the interest or right—

(a) in consequence of what is done or likely to be done, and

(b) 20in 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) A scheme may contain provision—

(a) for the creation, in favour of a transferor or transferee, of an interest
25or 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
that person, of an interest or right in, or in relation to, property to be
retained by a transferor;

(c) 30for the creation of new rights and liabilities, including rights of
indemnity and duties to indemnify, as between a transferee and a
transferor.

(2) A scheme may contain provision for the creation of rights and liabilities for
the purpose of converting arrangements between different parts of a
35transferor’s undertaking which exist immediately before the coming into
force of the scheme into a contract between—

(a) different transferees, or

(b) a transferee and a transferor.

(3) A scheme may contain provision—

(a) 40for rights and liabilities to be transferred so as to be enforceable by or
against—

(i) more than one transferee, or

(ii) both the transferee and the transferor, and

(b) for rights and liabilities enforceable against more than one of those
45people to be enforceable in different or modified respects by or
against each or any of them.

Previous Next

Contents page 1-9 10-19 20-29 30-39 40-48 50-59 60-69 70-79 80-89 90-99 100-109 110-119 120-128 130-139 140-149 150-159 160-169 170-179 Last page