Infrastructure Act 2015

PART 2 Other enactments

Public Records Act 1958 (c. 51)

68 In Schedule 1 to the Public Records Act 1958, in the table at the end of paragraph 3, at the appropriate place in Part 2 insert “A strategic highways company for the time being appointed under Part 1 of the Infrastructure Act 2015.”

Parliamentary Commissioner Act 1967 (c. 13)

69 In Schedule 2 to the Parliamentary Commissioner Act 1967, at the appropriate place insert “A strategic highways company for the time being appointed under Part 1 of the Infrastructure Act 2015.”

Road Traffic Regulation Act 1984 (c. 27)

70 The Road Traffic Regulation Act 1984 is amended as follows.

71 (1) Section 1 (traffic regulation orders outside Greater London) is amended as follows.

(2) In subsection (3)—

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

(b) after “he is” insert “, it is”.

(3) In subsection (3A)—

(a) after the first “Secretary of State” insert “, a strategic highways company”;

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

72 In section 2 (what a traffic regulation order may provide), in subsection (5), after “local authority” insert “, a strategic highways company”.

73 In section 6 (orders similar to traffic regulation orders), in subsection (2)—

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

(b) after “his” insert “or its”.

74 (1) Section 9 (experimental traffic orders) is amended as follows.

(2) In subsection (2)—

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

(b) after “he” insert “or it”.

(3) In subsection (2A)—

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

(b) after “his” insert “or its”.

75 In section 16A (prohibition or restriction on roads in connection with certain events), in subsection (6)—

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

(b) after “his” insert “or its”.

76 (1) Section 16B (restrictions on orders under s16A) is amended as follows.

(2) In subsection (1)—

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

(b) in paragraph (b), after “he” insert “or it”.

(3) In subsection (2), after “Secretary of State” insert “or a strategic highways company”.

(4) In subsections (4) and (5), for “is not himself the traffic authority, he” substitute “or a strategic highways company (whichever made the order or agreed that it should continue in force) is not the traffic authority, he or it”.

(5) In subsection (6)—

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

(b) in paragraph (b), after “his” insert “or its”.

77 In section 19 (regulation of use of highways by public service vehicles), in subsection (1), after “Greater London” insert “or a strategic highways company”.

78 (1) Section 23 (powers of local authorities with respect to pedestrian crossings on roads other than trunk roads) is amended as follows.

(2) In subsections (1) to (3), before “local traffic authority” insert “strategic highways company or a”.

(3) For the heading substitute “Powers of strategic highways companies and local traffic authorities with respect to pedestrian crossings”.

79 In section 24 (pedestrian crossings on trunk roads), in the heading, for “trunk” substitute “other”.

80 In section 37 (extension of powers for purposes of general scheme of traffic control), in subsection (3), after “Secretary of State” insert “or a strategic highways company”.

81 In section 58 (consents for the purposes of s 57(1)), in paragraph (i) of the table in subsection (1)—

(a) in the first column, after “Secretary of State” insert “or a strategic highways company”;

(b) in the second column, after “Secretary of State” insert “or the strategic highways company, whichever is the traffic authority for the road”.

82 (1) Section 65 (powers and duties of highway authorities as to placing of traffic signs) is amended as follows.

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

(3) In the heading, for “highway” substitute “traffic”.

83 In section 69 (general provisions as to removal of signs), in subsection (3)—

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

(b) for “the authority” substitute “it or them”.

84 (1) Section 70 (default powers of Secretary of State as to traffic signs) is amended as follows.

(2) In subsection (1)—

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

(b) after “from” insert “the company or”.

(3) After subsection (2) insert—

“(3) In England, where subsection (1) applies in respect of non-compliance with a direction by a traffic authority other than a strategic highways company—

(a) a strategic highways company may carry out the work required by the direction with the consent of the Secretary of State, and

(b) the expenses incurred by the company in doing so are recoverable by the company from the authority summarily as a civil debt.”

85 In section 71 (power to enter land in connection with traffic signs), in subsection (1), after “A” insert “strategic highways company, a”.

86 (1) Section 74B (transfer of traffic control systems between Secretary of State and Transport for London) is amended as follows.

(2) In subsections (1) and (2)—

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

(b) after the second “Secretary of State” insert “or the company”.

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

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

87 In section 83 (provisions as to directions under s 82(2)), in subsection (2)—

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

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

88 In section 84 (speed limits on roads other than restricted roads), in subsection (1B), after “orders of” insert “strategic highways companies or”.

89 (1) Section 85 (traffic signs for indicating speed restrictions) is amended as follows.

(2) In subsections (2) and (3), omit “local”, wherever occurring.

(3) After subsection (3) insert—

“(3A) In England, where subsection (3) applies in respect of non-compliance with a direction by a traffic authority other than a strategic highways company—

(a) a strategic highways company may execute the work required by the direction with the consent of the Secretary of State, and

(b) the expense incurred by the company in doing so is recoverable by the company from the authority summarily as a civil debt.”

90 (1) Section 93 (powers of Secretary of State in relation to functions under s 92) is amended as follows.

(2) In subsection (2), for “a local” substitute “another”.

(3) In subsection (3), omit “local”.

91 (1) Section 94 (bollards and other constructions in Greater London) is amended as follows.

(2) In subsection (1)—

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

(b) after “he”, wherever occurring, insert “or it”;

(c) in paragraph (a), after “Secretary of State” insert “or the company”.

(3) In subsection (2), after “Secretary of State” insert “nor a strategic highways company”.

(4) In subsection (4)—

(a) after the first “Secretary of State” insert “, a strategic highways company”;

(b) after the second “Secretary of State” insert “, the company”;

(c) in paragraph (a)—

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

(ii) after the first “he” insert “or it”;

(iii) for “he might under subsection (1)(a) above require” substitute “might under subsection (1)(a) be required”.

(5) In subsection (5)—

(a) after the first “Secretary of State” insert “, the strategic highways company”;

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

92 In section 100 (interim disposal of vehicles removed under section 99), in subsection (3A), after “Secretary of State” insert “or a strategic highways company”.

93 In section 101 (ultimate disposal of vehicles abandoned and removable under this Act), in paragraph (d) of the definition of “competent authority” in subsection (8), after “Secretary of State” insert “or a strategic highways company”.

94 (1) Section 102 (charges for removal, storage and disposal of vehicles) is amended as follows.

(2) In subsection (2ZA)—

(a) in the substituted paragraph (b)—

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

(ii) after “his” insert “or its”;

(b) in the substituted paragraph (c)—

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

(ii) after “him” insert “or it”.

(3) In subsection (4A)—

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

(b) after the second “Secretary of State” insert “or the company”.

(4) In subsection (8), in paragraph (c) of the definition of “appropriate authority”, after “Secretary of State” insert “or a strategic highways company”.

95 (1) Section 121A (traffic authorities) is amended as follows.

(2) After subsection (1AA) insert—

“(1AB) A strategic highways company is the traffic authority for every highway for which it is the highway authority within the meaning of the Highways Act 1980.”

(3) In subsections (2), (3) and (5)(a), after “Secretary of State” insert “or a strategic highways company”.

96 (1) Section 122 (exercise of functions by local authorities) is amended as follows.

(2) In subsection (1), after “every” insert “strategic highways company and”.

(3) In subsection (2)(d), after “appearing to” insert “the strategic highways company or”.

(4) In the heading, after “functions by” insert “strategic highways companies or”.

97 In section 124A (GLA side roads), in subsection (4), after “Secretary of State” insert “or a strategic highways company”.

98 In section 124B (orders of the Authority changing what are GLA side roads), in subsection (2)(a), after “Secretary of State” insert “or a strategic highways company”.

99 In section 142 (general interpretation of Act), in subsection (1), at the appropriate place insert—

• ““strategic highways company” means a company appointed under section 1 of the Infrastructure Act 2015;”.

100 (1) Schedule 9 (special provision as to certain orders) is amended as follows.

(2) In paragraph 1, after “consultation with” insert “a strategic highways company or”.

(3) In paragraph 7, omit sub-paragraph (3).

(4) In paragraph 13—

(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 (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 consent 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) after 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) After 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) Where 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) In 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”.

Transport Act 1985 (c. 67)

101 In section 112G of the Transport Act 1985 (representations following an investigation by the Passengers’ Council), in subsection (1), for paragraph (d) substitute—

“(d) a strategic highways company for the time being appointed under Part 1 of the Infrastructure Act 2015;”.

Dartford-Thurrock Crossing Act 1988 (c. 20)

102 In the Dartford-Thurrock Crossing Act 1988, after section 46 (interpretation) insert—

“46A Appointment of a strategic highways company

(1) This section applies in any period in which, by virtue of an appointment under section 1 of the Infrastructure Act 2015, a strategic highways company is the highway authority for the highways comprised in the tunnel crossing or the bridge.

(2) The reference to the Secretary of State in section 12(4) (crossing operator) is to be read as a reference to the strategic highways company.

(3) References to the Secretary of State in the following provisions are to be read as references to the strategic highways company—

(a) section 24(1)(a) and (b) (special traffic restrictions);

(b) section 27(1) and (2) (bicycles);

(c) section 37 (powers in relation to River Thames);

(d) section 38 (restriction on works on crossing);

(e) Schedule 7 (protective provisions), except—

(i) paragraph 2 of Part 1, and

(ii) paragraph 2 of Part 3.”

Road Traffic Act 1988 (c. 52)

103 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 of 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)

104 (1) Section 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) in 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) after the second “Secretary of State,” insert “the strategic highways company,”.

105 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”.

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

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

108 In 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 the time being appointed under Part 1 of the Infrastructure Act 2015;”.

109 (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) In 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)

110 The Environmental Protection Act 1990 is amended as follows.

111 (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) a 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) In 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) 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,”.

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

(2) In 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 2015.”

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

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

114 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”.

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

116 (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 time being appointed under Part 1 of the Infrastructure Act 2015.”

(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)”.

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

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

(b) after “his” insert “or its”.

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

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

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

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

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

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

“(1A) In this Part, “strategic highways company” means a company for the time being appointed under Part 1 of the Infrastructure Act 2015.”

122 In section 106 (index of defined expressions)—

(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 86(1A)”.

123 (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 company 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 highways company”.

124 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) in 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)

125 The Transport Act 2000 is amended as follows.

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

127 In 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) construct 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.”

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

(2) After 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 company”.

Traffic Management Act 2004 (c. 18)

129 The Traffic Management Act 2004 is amended as follows.

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

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

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

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

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

(3) After 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) any conditions to which the delegation is subject.”

132 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”.

133 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 2015;”.

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

135 (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”.

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

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

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

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

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

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

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

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

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

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

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

145 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 traffic” substitute “network management”.

146 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”.

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

(2) In 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 section 16(1);”.

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

149 (1) Section 60 (strategic roads in London: initial designation by Secretary of State) 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 being appointed under Part 1 of the Infrastructure Act 2015;”.

150 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”.

151 (1) Section 65 (duty of local highway authority to keep records of objects in highway) 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) in 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;

• “strategic highways company” means a company for the time being appointed under Part 1 of the Infrastructure Act 2015;”.

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

Civil Contingencies Act 2004 (c. 36)

152 In 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 2015.”

Planning Act 2008 (c. 29)

153 (1) Section 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 being appointed under Part 1 of the Infrastructure Act 2015.”