16 General provision as to special roads.E+W
(1)Subject to the provisions of this Act, all such highways or proposed highways as immediately before the commencement of this Act were special roads, as being highways or proposed highways provided, or to be provided, in pursuance of a scheme made, or having effect as if made, under section 11 of the M1Highways Act 1959 (which section is replaced by subsections (3) to (10) below), continue to be, and to be known as, special roads.
(2)Roads that continue to be special roads by virtue of subsection (1) above continue, subject to the provisions of this Act, to be special roads for the use of traffic of the classes for the use of which they were special roads immediately before the commencement of this Act.
(3)A highway authority may be authorised by means of a scheme under this section to provide, along a route prescribed by the scheme, a special road for the use of traffic of any class prescribed thereby.
[F1(3A)Subsection (3) is subject to section 33(4) of the Planning Act 2008 (exclusion of powers to make or confirm schemes in relation to highways for which development consent required).]
[F2(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 authority 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 submitted 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.]
(5)A special road authorised by a scheme under this section may be provided—
(a)by means of the construction by the special road authority of a new highway along the route prescribed by the scheme or any part thereof;
(b)by means of the appropriation under subsequent provisions in that behalf of this Part of this Act of a highway comprised in that route for which the special road authority are the highway authority;
(c)by means of the transfer to the special road authority under subsequent provisions in that behalf of this Part of this Act of a highway comprised in that route for which they are not the highway authority.
(6)A scheme under this section authorising the provision of a special road shall—
(a)in the case of a road to be provided by the Minister, be made by the Minister; and
(b)in [F3any other case]of a road to be provided by a F4... highway authority, be made by that authority and confirmed by the Minister.
(7)Parts II and III of Schedule 1 to this Act have effect as to the making of a scheme under this section; and Schedule 2 to this Act has effect as to the validity and date of operation of any such scheme.
(8)Before making or confirming a scheme under this section, the Minister shall give due consideration to the requirements of local and national planning, including the requirements of agriculture.
(9)If objection to a scheme under this section is duly made in accordance with Part II of the said Schedule 1 by the highway authority for a highway comprised in the route of the special road authorised by the scheme, and is not withdrawn, the scheme shall be subject to special parliamentary procedure.
(10)A scheme under this section may be submitted to the Minister jointly by any two or moreF5... highway authorities, and any such scheme may determine which of those authorities shall be the special road authority for the special road or any part thereof, and may provide—
(a)for the performance by that authority, in relation to the road or that part thereof, of any of the highway functions of any other authority who are party to the application, and
(b)for the making of contributions by that other authority to the special road authority in respect of expenditure incurred in the performance of those functions;
and in relation to a special road provided or to be provided in pursuance of such a scheme, or any part of such a roadF6....
Textual Amendments
F1S. 16(3A) inserted (1.3.2010) by Planning Act 2008 (c. 29), ss. 36, 241, Sch. 2 para. 24 (with s. 226); S.I. 2010/101, art. 2 (with art. 6)
F2S. 16(4) substituted (5.3.2015) by Infrastructure Act 2015 (c. 7), s. 57(1), Sch. 1 para. 13(2); S.I. 2015/481, reg. 2(a)
F3Words in s. 16(6)(b) substituted (5.3.2015) by Infrastructure Act 2015 (c. 7), s. 57(1), Sch. 1 para. 13(3)(a); S.I. 2015/481, reg. 2(a)
F4Word in s. 16(6)(b) omitted (5.3.2015) by virtue of Infrastructure Act 2015 (c. 7), s. 57(1), Sch. 1 para. 13(3)(b); S.I. 2015/481, reg. 2(a)
F5Word in s. 16(10) omitted (5.3.2015) by virtue of Infrastructure Act 2015 (c. 7), s. 57(1), Sch. 1 para. 13(4)(a); S.I. 2015/481, reg. 2(a)
F6Words in s. 16(10) omitted (5.3.2015) by virtue of Infrastructure Act 2015 (c. 7), s. 57(1), Sch. 1 para. 13(4)(b); S.I. 2015/481, reg. 2(a)
Marginal Citations