Infrastructure Bill (HL Bill 2)

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

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

(b) in sub-paragraph (1), for “or sub-paragraph (3)” substitute “, (3) or
5(4)”;

(c) after sub-paragraph (3) insert—

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

(5) In paragraph 14—

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

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

(c) 15after 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),
in which case the order must not be made without the
consent of the strategic highways company.”

(6) 20After paragraph 14 insert—

“14A (1) This paragraph applies where a strategic highways company
proposes, other than further to a direction under paragraph 2, to
include 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) 25Where this paragraph applies, the order must not be made
without the consent of the Secretary of State.”

(7) In paragraph 15(1)—

(a) for “and 14” substitute “to 14A”;

(b) for “local” substitute “traffic”.

(8) 30In paragraph 16(2), for “local” substitute “traffic”.

(9) In paragraph 20(1)—

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

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

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

35Road Traffic Act 1988 (c. 52)Road Traffic Act 1988 (c. 52)

99 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) The function of the Secretary of State under subsection (1) in the case
40of orders applying only to—

(a) specified vehicles, or

(b) vehicles of specified persons,

may 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)

100 (1) 5Section 247 of the Town and Country Planning Act 1990 (highways affected
by 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) 10in paragraph (c), after “Secretary of State” insert “or a strategic
highways company”.

(3) In subsection (3A)—

(a) after paragraph (a) insert—

“(aa) a strategic highways company,”;

(b) 15after the second “Secretary of State,” insert “the strategic highways
company,”.

101 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”.

102 20In section 254 (compulsory acquisition of land in connection with
highways), in subsection (1), after “local highway authority” insert “or a
strategic highways company”.

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

104 25In section 336 (interpretation), in subsection (1)—

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

(b) at the appropriate place insert—

• ““strategic highways company” means a company for
  30the time being appointed under Part 1 of the
  Infrastructure Act 2014;”.

105 (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) 35In paragraph 18—

(a) after “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)

106 40The Environmental Protection Act 1990 is amended as follows.

107 (1) Section 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) after paragraph (b) insert—

“(ba) 5a 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) 10In 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—

(i) 15any trunk road which is a special road for
which it is the highway authority, and

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

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

(2) 20In 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.”

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

109 25The New Roads and Street Works Act 1991 is amended as follows.

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

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

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

111 (1) 30Section 12 (extension toll orders) is amended as follows.

(2) In subsection (2)—

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

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

(3) 35In subsection (5), after the third “made by” insert “a strategic highways
company or”.

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

(2) After subsection (1) insert—

“(1A) In this Part, “strategic highways company” means a company for the
40time 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) in the second column opposite that entry insert “section 26(1)”.

113 In section 49 (the street authority and other relevant authorities), in
5subsection (2)—

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

(b) after “his” insert “or its”.

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

115 10In section 74 (charge for occupation of the highway where works
unreasonably prolonged), in subsection (7A)(a), after “application by” insert
“strategic highways companies or”.

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

(2) 15In subsection (2), after “paid to” insert “a strategic highways company or”.

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

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

“(1A) 20In this Part, “strategic highways company” means a company for the
time being appointed under Part 1 of the Infrastructure Act 2014.”

118 In section 106 (index of defined expressions)—

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

(b) 25in the second column opposite that entry insert “section 86(1A)”.

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

(2) In paragraph 1—

(a) in sub-paragraph (2)—

(i) after “Secretary of State by” insert “a strategic highways
30company 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) In paragraph 2(1), 3 and 4(1) after “Secretary of State” insert “, the strategic
35highways company”.

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

(b) 40in sub-paragraph (3)—

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

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

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

121 The Transport Act 2000 is amended as follows.

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

123 5In 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
maintenance of, any equipment, or

(b) 10construct 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.”

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

(2) 15After 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) In subsection (4), after “an authority” insert “or a strategic highways
20company”.

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

125 The Traffic Management Act 2004 is amended as follows.

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

(2) In subsection (2)(b), after “national authority” insert “or a strategic highways
25company”.

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

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

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

(3) 30After 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) the extent to which the function is delegated;

(b) 35any conditions to which the delegation is subject.”

128 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”.

129 In 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;”.

130 In the heading to Part 2, after “local traffic authorities” insert “and strategic
5highways companies”.

131 (1) Section 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”.

132 10In section 17 (arrangements for network management), in subsection (1), for
“local traffic” substitute “network management”.

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

134 In section 19 (power to require information relating to network
15management), in subsections (1), (2) and (3), for “local traffic”, wherever
occurring, substitute “network management”.

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

136 In section 21 (intervention orders), in subsections (1), (4), (5), (6), (8) and (9),
20for “local traffic”, wherever occurring, substitute “network management”.

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

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

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

140 (1) Section 25 (exercise of local traffic authority functions) is amended as
30follows.

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

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

141 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
35traffic” substitute “network management”.

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

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

(2) 40In the definition of “local traffic authority”, after “Secretary of State” insert “,
a 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—

• ““network management authority” has the meaning given in
  5section 16(1);”.

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

145 In section 34 (implementation of local highway authority permit schemes),
for the heading substitute “Implementation of permit schemes submitted to
10the appropriate national authority”.

146 In section 39 (interpretation of Part 3), in subsection (1), in the entry relating
to “highway authority” and “local highway authority”, for “and “local
highway authority” have” substitute “has”.

147 (1) Section 60 (strategic roads in London: initial designation by Secretary of
15State) is amended as follows.

(2) In 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
20being appointed under Part 1 of the Infrastructure Act 2014;”.

148 In 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”.

149 (1) Section 65 (duty of local highway authority to keep records of objects in
25highway) is amended as follows.

(2) In subsection (1)—

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

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

(3) In subsection (4)—

(a) 30in paragraph (a) of the definition of “appropriate national authority”,
after “in relation to” insert “strategic highways companies or”;

(b) after that definition insert—

• ““local highway authority” has the same meaning as in
  the 1980 Act;

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

(4) In the heading, after “Duty of” insert “strategic highways company or”.

Civil Contingencies Act 2004 (c. 36)Civil Contingencies Act 2004 (c. 36)

150 40In Part 3 of Schedule 1 to the Civil Contingencies Act 2004 (category 2
responders: 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.”

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

151 (1) 5Section 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—

• ““strategic highways company” means a company for the time
  10being appointed under Part 1 of the Infrastructure Act 2014.”

Section 3

SCHEDULE 2 Road Investment Strategy: procedure

Part 1 Setting a Road Investment Strategy

15Introductory

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
year of that section coming into force.

20Step 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) the objectives to be achieved by the company,

(b) 25the 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) specify a date before which the company is to respond, and

(b) 30provide 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) such other information in support of the proposals as the
35Secretary 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) agreeing to the proposals, or

(b) 5making 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) Where the strategic highways company has agreed to proposals under
10paragraph 2, the Secretary of State may publish those proposals as the Road
Investment Strategy.

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

Step 4: where the strategic highways company has made counter-proposals or failed to respond

5 (1) 15Where 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) publish as the Road Investment Strategy—

(i) 20the Secretary of State’s proposals, or

(ii) the company’s counter-proposals.

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

Part 2 25Varying a Road Investment Strategy

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

(2) Subject to sub-paragraph (3), paragraphs 2 to 5 apply to proposals for a
varied Road Investment Strategy as they apply to proposals for a Road
30Investment Strategy.

(3) The Secretary of State may only publish proposals or counter-proposals as a
varied Road Investment Strategy if—

(a) the Secretary of State has consulted on the proposals or counter-
proposals with such persons as the Secretary of State considers
35appropriate, or

(b) the strategic highways company has consulted on the proposals or
counter-proposals with such persons as it considers appropriate.

(4) In performing their functions under this Part of this Schedule, the Secretary
of State and the strategic highways company must have regard to the
40desirability of maintaining certainty and stability in respect of Road
Investment Strategies.

Section 10

SCHEDULE 3 Transfer schemes

Application and commencement of scheme

1 (1) The property, rights and liabilities to be transferred may be specified or
5described 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
include—

(a) 10property, rights and liabilities that would not otherwise be capable
of being transferred or assigned;

(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) 15rights and liabilities arising after the scheme comes into force in
respect 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) 20any liability in respect of a contravention of another requirement, or

(c) any 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
25scheme—

(a) to 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) 30in consequence of what is done or likely to be done, and

(b) in 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) 35for the creation, in favour of a transferor or transferee, of an interest
or 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
40retained by a transferor;

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