Infrastructure Bill (HL Bill 2)
SCHEDULE 1 continued PART 1 continued
Infrastructure BillPage 40
(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”.
Infrastructure BillPage 41
46
In section 240 (acquisition of land in connection with construction,
improvement etc of highway: further general powers), in subsection (3)—
(a) after “Minister” insert “or a strategic highways company”;
(b) in paragraph (b), after “his” insert “or its”.
47
(1)
5Section 245A (acquisition of land by Secretary of State or Assembly for
buildings etc needed for traffic management purposes) is amended as
follows.
(2) After subsection (1) insert—
“(1A)
A strategic highways company may acquire land in England which
10in its opinion is required for the provision of any buildings or
facilities which are needed—
(a)
for use by, or in connection with the activities of, traffic
officers in the area for which it is appointed in accordance
with Part 1 of the Infrastructure Act 2014; or
(b)
15for other purposes connected with the management of traffic
on highways in that area and for which it is the highway
authority.”
(3)
In the heading, after “Secretary of State” insert “, strategic highways
company”.
48
20In section 247 (general provision as to acquisition procedure etc), in
subsection (1), after “this Act on” insert “a strategic highways company or”.
49
(1)
Section 254 (compulsory acquisition for certain purposes of rights in land
belonging to local authorities etc) is amended as follows.
(2)
In subsection (1)(b), after “Minister”, wherever occurring, insert “or a
25strategic highways company”.
(3)
In subsection (2), after “Minister”, wherever occurring, insert “or a strategic
highways company”.
(4)
In subsection (5)(b), after “Minister” insert “or a strategic highways
company”.
50
(1)
30Section 260 (clearance of title to land acquired for statutory purposes) is
amended as follows.
(2)
In subsection (3)(b), after “Minister” insert “or a strategic highways
company”.
(3) In subsection (4), after “Minister” insert “, strategic highways company”.
51
35In section 263 (vesting of highways maintainable at public expense), in
subsection (3), omit “local”.
52
(1)
Section 265 (transfer of property and liabilities upon a highway becoming or
ceasing to be a trunk road) is amended as follows.
(2) In subsection (1)—
(a)
40after the first “Minister” insert “or the strategic highways company,
whichever is highway authority for the trunk road,”;
(b) after the second “Minister” insert “or the company”.
(3) In subsection (2), after “Minister” insert “or a strategic highways company”.
Infrastructure BillPage 42
(4) In subsection (4)—
(a) after “Minister” insert “or a strategic highways company”;
(b) after “him” insert “or the company”.
(5) In subsection (5)—
(a)
5after “Minister”, wherever occurring, insert “or the strategic
highways company”;
(b) in paragraph (a), after “him” insert “or the company”.
(6)
In subsections (6) and (7), after “Minister”, wherever occurring, insert “or a
strategic highways company”.
(7) 10In subsection (8)—
(a) after “Minister” insert “or the strategic highways company”;
(b) after “him” insert “or it”;
(c) after “he” insert “or it”.
53
(1)
Section 266 (transfer to Minister of privately maintainable bridges carrying
15trunk roads) is amended as follows.
(2)
In subsection (1), after “Minister” insert “or a strategic highways company,
whichever is highway authority for the trunk road (“the trunk road
authority”),”.
(3) In subsection (2), for “Minister” substitute “trunk road authority”.
(4) 20In subsection (3)—
(a) for the first “Minister” substitute “trunk road authority”;
(b) for “Minister”, wherever else occurring, substitute “authority”.
(5) In subsection (4), for “Minister” substitute “trunk road authority”.
(6) In subsections (5) and (6)—
(a) 25for the first “Minister” substitute “trunk road authority”;
(b) for “Minister”, wherever else occurring, substitute “authority”.
(7)
In subsections (7), (8) and (10), for “Minister”, wherever occurring, substitute
“trunk road authority”.
(8) In the heading, after “Minister” insert “or a strategic highways company”.
54
30In section 266A (transfer of property and liabilities upon a highway
becoming or ceasing to be a GLA road), in subsection (8)(b), after “Minister”
insert “or a strategic highways company”.
55
(1)
Section 267 (transfer to local highway authorities of privately maintainable
bridges carrying special roads) is amended as follows.
(2) 35In subsection (1), after “Minister” insert “or a strategic highways company,”.
(3) In subsections (2) and (3), for “Minister” substitute “trunk road authority”.
56
(1)
Section 271 (provisions with respect to transfer of toll highways to highway
authorities) is amended as follows.
(2)
In subsection (1)(i), after “trunk road” insert “for which he is the highway
40authority”.
Infrastructure BillPage 43
(3) After subsection (1)(i) insert—
“(ia)
in the case of a trunk road for which it is the highway
authority, a strategic highways company;”.
57
(1)
Section 277 (contribution towards maintenance of bridge where road ceases
5to be a trunk road) is amended as follows.
(2) After the first “Minister” insert “or a strategic highways company”.
(3) After the second “Minister” insert “or the company”.
58
(1)
Section 284 (powers of Minister in relation to privately maintainable parts of
trunk roads) is amended as follows.
(2)
10After “Minister” insert “or a strategic highways company, whichever is
highway authority for the trunk road,”.
(3) In the heading, after “Minister” insert “or strategic highways company”.
59
(1)
Section 284A (trunk roads: miscellaneous functions of Secretary of State) is
amended as follows.
(2)
15For the words from “any trunk road” to the end substitute “a trunk road for
which the Secretary of State is highway authority, include the Secretary of
State and, in relation to a trunk road for which a strategic highways
company is the highway authority, include that company.”
(3)
In the heading, after “Secretary of State” insert “and strategic highways
20company”.
60 (1) Section 329 (further provision as to interpretation) is amended as follows.
(2) In subsection (1)—
(a)
in the definition of “local highway authority” after “Minister” insert
“or a strategic highways company”;
(b) 25at the appropriate place insert—
-
““strategic highways company” means a company for
the time being appointed under Part 1 of the
Infrastructure Act 2014;”.
(3) After subsection (5) insert—
“(6)
30Subsection (5) is subject to the specification of those roads as ones for
which a strategic highways company is highway authority under
Part 1 of the Infrastructure Act 2014.”
61
In section 330 (construction of certain enactments relating to execution of
works by statutory undertakers), in subsection (1), after “Minister” insert “or
35a strategic highways company, whichever is highway authority for the
trunk road,”.
62
In section 331 (references to functions of council as respects any highway),
after “Minister” insert “or a strategic highways company”.
63
(1)
Schedule 1 (procedures for making or confirming certain orders and
40schemes) is amended as follows.
(2)
In paragraph 1, after “trunk road” insert “for which he is the highway
authority”.
Infrastructure BillPage 44
(3) In paragraph 2—
(a)
after “order relating to” insert “a trunk road for which a strategic
highways company is the highway authority or to”;
(b) omit “local”.
(4) 5In paragraph 3—
(a) after the first “Minister” insert “, the strategic highways company”;
(b)
after the second “Minister” insert “, of the strategic highways
company”.
(5)
In paragraphs 4 and 5, after “Minister” insert “, the strategic highways
10company”.
(6) In paragraph 6, after “Minister” insert “, a strategic highways company”.
(7) In paragraphs 7(1)(ii), 8(1)(b), 9 and 10 omit “local”.
(8) In paragraph 11, for “local” substitute “other”.
(9) In paragraph 12, for the first “local” substitute “other”.
(10) 15In paragraph 13, for “a local” substitute “another”.
(11) In paragraphs 14(1)(ii), 15(1)(b) and 16 omit “local”.
(12) In paragraph 17, for “local” substitute “other”.
64
In Schedule 3 (provisions of this Act referred to in section 11), in the
headings to Parts 1, 2 and 3, after “Minister”, wherever occurring, insert “or
20a strategic highways company”.
65
(1)
Schedule 5 (modifications of certain provisions of the Town and Country
Planning Act 1990 as applied by section 21) is amended as follows.
(2)
In Part 1 (modifications in relation to land referred to in paragraph (a) or (b)
of section 21(2)), in paragraph 3, after “when” insert “a strategic highways
25company or”.
(3)
In Part 2 (modifications in relation to land referred to in paragraph (c) of
section 21(2))—
(a)
in paragraph 1, after “Minister,” insert “the strategic highways
company,”;
(b)
30in paragraph 3, after “references to” insert “a strategic highways
company or”;
(c)
in paragraph 4, in the substituted text of subsection (1) of section 273
of the Town and Country Planning Act 1990, after “Minister,” insert
“the strategic highways company,”;
(d)
35in paragraph 5, after “Minister,” insert “the strategic highways
company,”.
66
(1)
Schedule 11 (provisions as to orders under section 93 of this Act) is amended
as follows.
(2) In paragraph 9(3), omit “local”.
(3) 40In paragraph 15(1), omit “other than a trunk road bridge”.
(4) Omit paragraph 17.
Infrastructure BillPage 45
67
(1)
Schedule 21 (transitional matters arising where a highway becomes a trunk
road or a trunk road ceases to be a trunk road) is amended as follows.
(2) In paragraph 1—
(a)
after the first “Minister” insert “or a strategic highways company,
5whichever is highway authority for the trunk road”;
(b) after the second “Minister” insert “or the company”;
(c) for “him” substitute “it”.
(3) In paragraph 3—
(a) after the first “Minister” insert “or a strategic highways company”;
(b) 10after “Minister”, wherever else occurring, insert “or the company”.
(4)
In paragraph 4, after “Minister”, wherever occurring, insert “or a strategic
highways company”.
(5) In paragraphs 6 to 9—
(a) after the first “Minister” insert “or a strategic highways company”;
(b) 15after “Minister”, wherever else occurring, insert “or the company”.
Part 2 Other enactments
Road Traffic Regulation Act 1984 (c. 27)Road Traffic Regulation Act 1984 (c. 27)
68 The Road Traffic Regulation Act 1984 is amended as follows.
69
(1)
20Section 1 (traffic regulation orders outside Greater London) is amended as
follows.
(2) In subsection (3)—
(a) after “Secretary of State” insert “, a strategic highways company”;
(b) after “he is” insert “, it is”.
(3) 25In subsection (3A)—
(a)
after the first “Secretary of State” insert “, a strategic highways
company”;
(b)
in paragraph (b), after “Secretary of State,” insert “the strategic
highways company”.
70
30In section 2 (what a traffic regulation order may provide), in subsection (5),
after “local authority” insert “, a strategic highways company”.
71 In section 6 (orders similar to traffic regulation orders), in subsection (2)—
(a) after “Secretary of State” insert “or a strategic highways company”;
(b) after “his” insert “or its”.
72 (1) 35Section 9 (experimental traffic orders) is amended as follows.
(2) In subsection (2)—
(a) after “Secretary of State” insert “or a strategic highways company”;
(b) after “he” insert “or it”.
(3) In subsection (2A)—
(a) 40after “Secretary of State” insert “or a strategic highways company”;
Infrastructure BillPage 46
(b) after “his” insert “or its”.
73
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) 5after “his” insert “or its”.
74 (1) Section 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) 10in paragraph (b), after “he” insert “or it”.
(3)
In 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
15agreed that it should continue in force) is not the traffic authority, he or it”.
(5) In 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”.
75
20In section 19 (regulation of use of highways by public service vehicles), in
subsection (1), after “Greater London” insert “or a strategic highways
company”.
76
(1)
Section 23 (powers of local authorities with respect to pedestrian crossings
on roads other than trunk roads) is amended as follows.
(2)
25In subsections (1) to (3), before “local traffic authority” insert “strategic
highways company or a”.
(3)
For the heading substitute “Powers of strategic highways companies and
local traffic authorities with respect to pedestrian crossings”.
77
In section 24 (pedestrian crossings on trunk roads), in the heading, for
30“trunk” substitute “other”.
78
In 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”.
79
In section 58 (consents for the purposes of s 57(1)), in paragraph (i) of the
35table in subsection (1)—
(a)
in 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
40the road”.
80
(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”.
Infrastructure BillPage 47
(3) In the heading, for “highway” substitute “traffic”.
81 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”.
82
(1)
5Section 70 (default powers of Secretary of State as to traffic signs) is amended
as follows.
(2) In subsection (1)—
(a) after “If” insert “a strategic highways company,”;
(b) after “from” insert “the company or”.
(3) 10After subsection (2) insert—
“(3)
In 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
15required by the direction with the consent of the Secretary of
State, and
(b)
the expenses incurred by the company in doing so are
recoverable by the company from the authority summarily as
a civil debt.”
83
20In section 71 (power to enter land in connection with traffic signs), in
subsection (1), after “A” insert “strategic highways company, a”.
84
(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)
25after the first “Secretary of State” insert “or a strategic highways
company”;
(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)
30In the heading, after “Secretary of State” insert “or a strategic highways
company”.
85 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”.
86
35In section 84 (speed limits on roads other than restricted roads), in
subsection (1B), after “orders of” insert “strategic highways companies or”.
87
(1)
Section 85 (traffic signs for indicating speed restrictions) is amended as
follows.
(2) In subsections (2) and (3), omit “local”, wherever occurring.
(3) 40After 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
Infrastructure BillPage 48
strategic highways company—
(a)
a strategic highways company may execute the work
required by the direction with the consent of the Secretary of
State, and
(b)
5the expense incurred by the company in doing so is
recoverable by the company from the authority summarily as
a civil debt.”
88
(1)
Section 93 (powers of Secretary of State in relation to functions under s 92) is
amended as follows.
(2) 10In subsection (2), for “a local” substitute “another”.
(3) In subsection (3), omit “local”.
89
(1)
Section 94 (bollards and other constructions in Greater London) is amended
as follows.
(2) In subsection (1)—
(a)
15after the first “Secretary of State” insert “or a strategic highways
company”;
(b) after “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
20company”.
(4) In subsection (4)—
(a)
after the first “Secretary of State” insert “, a strategic highways
company”;
(b) after the second “Secretary of State” insert “, the company”;
(c) 25in paragraph (a)—
(i)
after “Secretary of State” insert “or a strategic highways
company”;
(ii) after the first “he” insert “or it”;
(iii)
for “he might under subsection (1)(a) above require”
30substitute “might under subsection (1)(a) be required”.
(5) In subsection (5)—
(a)
after the first “Secretary of State” insert “, the strategic highways
company”;
(b) after the second “Secretary of State” insert “, the company”.
90
35In section 100 (interim disposal of vehicles removed under section 99), in
subsection (3A), after “Secretary of State” insert “or a strategic highways
company”.
91
In section 101 (ultimate disposal of vehicles abandoned and removable
under this Act), in paragraph (d) of the definition of “competent authority”
40in subsection (8), after “Secretary of State” insert “or a strategic highways
company”.
92
(1)
Section 102 (charges for removal, storage and disposal of vehicles) is
amended as follows.
(2) In subsection (2ZA)—
(a) 45in the substituted paragraph (b)—
Infrastructure BillPage 49
(i)
after “Secretary of State” insert “or a strategic highways
company”;
(ii) after “his” insert “or its”;
(b) in the substituted paragraph (c)—
(i)
5after “Secretary of State” insert “or a strategic highways
company”;
(ii) after “him” insert “or it”.
(3) In subsection (4A)—
(a)
after the first “Secretary of State” insert “or a strategic highways
10company”;
(b) after 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”.
93 (1) 15Section 121A (traffic authorities) is amended as follows.
(2) After 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)
20In subsections (2), (3) and (5)(a), after “Secretary of State” insert “or a
strategic highways company”.
94 (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
25company or”.
(4)
In the heading, after “functions by” insert “strategic highways companies
or”.
95
In section 124A (GLA side roads), in subsection (4), after “Secretary of State”
insert “or a strategic highways company”.
96
30In section 124B (orders of the Authority changing what are GLA side roads),
in subsection (2)(a), after “Secretary of State” insert “or a strategic highways
company”.
97
In section 142 (general interpretation of Act), in subsection (1), at the
appropriate place insert—
-
35““strategic highways company” means a company appointed
under section 1 of the Infrastructure Act 2014;”.
98 (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”.
(3) 40In paragraph 7, omit sub-paragraph (3).
(4) In paragraph 13—