Part IE+W Highway Authorities and Agreements Between Authorities

Agreements between authoritiesE+W

6 Delegation etc. of functions with respect to trunk roads.E+W

(1)The Minister [F1or a strategic highways company] may by agreement with a county council, [F2a metropolitan district council], or a London borough council delegate to that council all or any of his [F3or its ] functions (including functions under a local or private Act) with respect to the maintenance and improvement of, and other dealing with, any trunk road or any land which does not form part of a trunk road but which has been acquired by him [F4or it ] in connection with a trunk road under section 239(2) or (4) or section 246 below;. . . F5

[F6(1A)The Minister [F7or a strategic highways company] shall not delegate functions to a council under subsection (1) above—

(a)with respect to a trunk road or land outside [F8that council's] area but within a non-metropolitan county or London borough, except with the consent of the council of that county or borough;

(b)with respect to a trunk road or land outside [F8that council's] area but within a metropolitan district except after consultation with the council of that district.]

[F9(1B)The Minister [F10or a strategic highways company ] shall not delegate functions to a council under subsection (1) above with respect to a trunk road or land outside [F11that council's]area but in Wales except after consultation with the Welsh council in whose area it is situated; and subsection (1A) does not apply in relation to a trunk road or land in Wales.]

(2)A council shall, in the exercise of any functions delegated to them under subsection (1) above, act as agents for the Minister [F12or a strategic highways company] and in accordance with such conditions as [F13may be attached] to the delegation, and among such conditions there shall be included the following—

(a)that the works to be executed and the expenditure to be incurred by the council in the discharge of the delegated functions shall be subject to the approval of the Minister [F12or a strategic highways company];

(b)that the council shall comply with any requirement of the Minister [F12or a strategic highways company] as to the manner in which any such works are to be carried out, and with any directions of the Minister [F12or a strategic highways company] as to the terms of contracts to be entered into for the purposes of the discharge of the delegated functions; and

(c)that any such works shall be completed to the satisfaction of the Minister [F12or a strategic highways company ].

(3)If at any time the Minister [F14or a strategic highways company] is satisfied that a trunk road or land with respect to which functions are delegated under subsection (1) above is not in proper repair and condition, he [F15or the company] may give notice to the council requiring them to place it in proper repair and condition within such time as may be specified in the notice, and if the notice is not complied with the Minister [F14or a strategic highways company] may do anything that seems to him [F16or the company] necessary to place the road or land in proper repair and condition.

(4)A delegation to a council under subsection (1) above may be determined by notice given by the Minister [F17or a strategic highways company] to the council during the first 9 months of any calendar year, or the functions so delegated may be relinquished by a notice given by the council to the Minister [F17or a strategic highways company] during any such period; and the notice shall take effect as from 1st April in the calendar year following that in which it is given.

(5)The Minister [F18or a strategic highways company] may enter into an agreement with a county council, [F19a metropolitan district council] or a London borough council—

(a)for the construction of a trunk road, or

(b)for the carrying out by [F20 the council] of any work of improvement of, or other dealing with, any trunk road or any such land as is mentioned in subsection (1) above;

and subsection (2) above applies to the discharge of the functions of a council under any such agreement and to the conditions to be included in any such agreement as it applies to the discharge of functions delegated under subsection (1) above to any such council and to the conditions to be attached to any such delegation.

(6)Where—

(a)any functions have been delegated by the Minister [F21or a strategic highways company] to a county council under subsection (1) above, or

(b)the Minister [F21or a strategic highways company] has entered into an agreement with a county council under subsection (5) above,

the county council [F22(the “responsible council”)] may, with the consent of the Minister [F21or a strategic highways company], enter into arrangements with a district council [F23or Welsh council (the “contracting council”)] for the carrying out by the [F24contracting]council, in accordance with the arrangements, of such of the delegated functions or, as the case may be, of the functions to which the agreement relates as may be specified in the arrangements;. . . F25

[F26(6A)No arrangements shall be entered into under subsection (6) above for the carrying out by a [F27contracting council] of any functions—

(a)with respect to a trunk road or land outside their area but within a non-metropolitan district, except with the consent of the council of the non-metropolitan district;

(b)with respect to a trunk road or land outside their area but within a metropolitan district, except after consultation with the council of the metropolitan district.]

[F28(c)with respect to a trunk road or land in Wales but outside the area—

(i)of the responsible council; and

(ii)of the contracting council,

except after consultation with the Welsh council in whose area the trunk road or land is situated.]

(7)Plant or materials belonging to a council by whom functions fall to be exercised by virtue of a delegation, or agreement or arrangements under this section may be used by them for the purposes of those functions subject to the terms of the delegation, or agreement or arrangements.

(8)Nothing in this section limits the power of the Minister [F29or a strategic highways company ] to enter into and carry into effect agreements with any person for any purpose connected with the construction, improvement or maintenance of, or other dealing with, a trunk road or otherwise connected with his [F30or the company's] functions relating to trunk roads under this or any other Act; but no such agreement shall provide for the delegation of powers or duties of the Minister [F29or a strategic highways company] except in accordance [F31with

(a)the provisions of this section; or

(b)the provisions of any order made under section 69 of the Deregulation and Contracting Out Act 1994.]

Textual Amendments

F1Words in s. 6(1) inserted (5.3.2015) by Infrastructure Act 2015 (c. 7), s. 57(1), Sch. 1 para. 7(2)(a); S.I. 2015/481, reg. 2(a)

F2Words substituted by Local Government Act 1985 (c. 51, SIF 81:1), s. 8, Sch. 4 para. 4(a)(i)

F3Words in s. 6(1) inserted (5.3.2015) by Infrastructure Act 2015 (c. 7), s. 57(1), Sch. 1 para. 7(2)(b); S.I. 2015/481, reg. 2(a)

F4Words in s. 6(1) inserted (5.3.2015) by Infrastructure Act 2015 (c. 7), s. 57(1), Sch. 1 para. 7(2)(c); S.I. 2015/481, reg. 2(a)

F5Words repealed by Local Government Act 1985 (c. 51, SIF 81:1), ss. 8, 102, Sch. 4 para. 4(a)(ii), Sch. 17

F6S. 6(1A) inserted by Local Government Act 1985 (c. 51, SIF 81:1), s. 8, Sch. 4 para. 4(b)

F7Words in s. 6(1A) inserted (5.3.2015) by Infrastructure Act 2015 (c. 7), s. 57(1), Sch. 1 para. 7(3)(a); S.I. 2015/481, reg. 2(a)

F8Words in s. 6(1A) substituted (5.3.2015) by Infrastructure Act 2015 (c. 7), s. 57(1), Sch. 1 para. 7(3)(b); S.I. 2015/481, reg. 2(a)

F9S. 6(1B) inserted (1.4.1996) by 1994 c. 19, s. 22(1), Sch. 7 Pt. I para. 2(2) (with s. 54(7), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 3, Sch.1.

F10Words in s. 6(1B) inserted (5.3.2015) by Infrastructure Act 2015 (c. 7), s. 57(1), Sch. 1 para. 7(4)(a); S.I. 2015/481, reg. 2(a)

F11Words in s. 6(1B) substituted (5.3.2015) by Infrastructure Act 2015 (c. 7), s. 57(1), Sch. 1 para. 7(4)(b); S.I. 2015/481, reg. 2(a)

F12Words in s. 6(2) inserted (5.3.2015) by Infrastructure Act 2015 (c. 7), s. 57(1), Sch. 1 para. 7(5)(a); S.I. 2015/481, reg. 2(a)

F13Words in s. 6(2) substituted (5.3.2015) by Infrastructure Act 2015 (c. 7), s. 57(1), Sch. 1 para. 7(5)(b); S.I. 2015/481, reg. 2(a)

F14Words in s. 6(3) inserted (5.3.2015) by Infrastructure Act 2015 (c. 7), s. 57(1), Sch. 1 para. 7(6)(a); S.I. 2015/481, reg. 2(a)

F15Words in s. 6(3) inserted (5.3.2015) by Infrastructure Act 2015 (c. 7), s. 57(1), Sch. 1 para. 7(6)(b); S.I. 2015/481, reg. 2(a)

F16Words in s. 6(3) inserted (5.3.2015) by Infrastructure Act 2015 (c. 7), s. 57(1), Sch. 1 para. 7(6)(c); S.I. 2015/481, reg. 2(a)

F17Words in s. 6(4) inserted (5.3.2015) by Infrastructure Act 2015 (c. 7), s. 57(1), Sch. 1 para. 7(7); S.I. 2015/481, reg. 2(a)

F18Words in s. 6(5) inserted (5.3.2015) by Infrastructure Act 2015 (c. 7), s. 57(1), Sch. 1 para. 7(8)(a); S.I. 2015/481, reg. 2(a)

F19Words substituted by Local Government Act 1985 (c. 51, SIF 81:1), s. 8, Sch. 4 para. 4(c)

F20Words in s. 6(5)(b) substituted (5.3.2015) by Infrastructure Act 2015 (c. 7), s. 57(1), Sch. 1 para. 7(8)(b); S.I. 2015/481, reg. 2(a)

F21Words in s. 6(6) inserted (5.3.2015) by Infrastructure Act 2015 (c. 7), s. 57(1), Sch. 1 para. 7(9); S.I. 2015/481, reg. 2(a)

F22Words in s. 6(6) inserted (1.4.1996) by 1994 c. 19, s. 22(1), Sch. 7 Pt. I para. (3)(a) (with s. 54(7), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 3, Sch.1.

F23Words in s. 6(6) inserted (1.4.1996) by 1994 c. 19, s. 22(1), Sch. 7 Pt. I para. 2(3)(b) (with s. 54(7), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 3, Sch.1.