SCHEDULES

SCHEDULE 10Regulation of the use of roads and railways

PART 2Permit schemes: removal of requirement for Secretary of State approval

I16

After section 33 insert—

33AImplementation of permit schemes of strategic highway companies and local highway authorities in England

1

This section applies to a permit scheme prepared in accordance with section 33(1) or (2) by—

a

a strategic highways company,

b

a local highway authority in England, or

c

such a company or authority acting together with one or more other such companies or authorities.

2

The scheme shall not have effect in the area of a participating authority unless the authority gives effect to it by order.

3

For the purposes of subsection (2) a local highway authority or a strategic highways company is a “participating authority” in relation to a permit scheme if it is the highway authority for any of the streets in which the scheme is to control the carrying out of works.

4

An order under subsection (2)—

a

must set out the scheme and specify the date on which the scheme is to come into effect, and

b

may (in accordance with permit regulations) include provisions which disapply or modify enactments to the extent specified in the order.