New Roads and Street Works Act 1991

2 Exercise of highway functions by concessionaire

(1) A concession agreement may authorise the concessionaire to exercise in place of the highway authority such highway functions to which this section applies as may be specified in the agreement.

(2) For this purpose “highway functions” means all functions in relation to the road subject to the concession which are exercisable, in whatever capacity, by the authority who are the highway authority; and this section applies to all such functions, except—

(a) powers to make schemes or orders under the Highways Act 1980,

(b) powers to make regulations or orders, or give directions, under the [1984 c. 27.] Road Traffic Regulation Act 1984, and

(c) such other functions as may be prescribed by the Secretary of State by regulations.

(3) A highway function exercisable by the concessionaire may be exercised by the highway authority themselves only—

(a) in an emergency, or

(b) if it appears to the authority that such exercise is necessary or expedient in the interests of road safety, or

(c) if it appears to the authority that the concessionaire has failed or is unable properly to discharge the function in any respect;

and the highway authority shall not be liable for anything done or omitted by the concessionaire in the exercise or purported exercise of a highway function.

(4) The highway authority may recover from the concessionaire the costs incurred by them in exercising in the circumstances mentioned in subsection (3)(a), (b) or (c) a highway function exercisable by the concessionaire.

Those costs shall be taken to include the relevant administrative expenses of the authority, including an appropriate sum in respect of general staff costs and overheads.

(5) The concessionaire shall in the exercise of a highway function act in accordance with the terms of the concession agreement; and the agreement may provide for the withdrawal of the concessionaire’s authority to exercise any such function.

(6) Regulations under this section shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.