Part I Highway Authorities and Agreements Between Authorities

Agreements between authorities

6 Delegation etc. of functions with respect to trunk roads.

(1)

The Minister F1or a strategic highways company may by agreement with F2a combined authority, a combined county authority, a county council, F3a metropolitan district council, or a London borough council delegate to that F4authority or council all or any of his F5or 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 F6or it in connection with a trunk road under section 239(2) or (4) or section 246 below;. . . F7

F8(1ZA)

A combined authority or combined county authority may not enter into an agreement under subsection (1) unless the authority has obtained the consent of any upper-tier constituent council or councils in whose area the authority would discharge functions under the agreement.

F9(1A)

The Minister F10or 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 F11that 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 F11that council's area but within a metropolitan district except after consultation with the council of that district.

F12(1B)

The Minister F13or a strategic highways company shall not delegate functions to a council under subsection (1) above with respect to a trunk road or land outside F14that council'sarea 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)

F15An authority or council shall, in the exercise of any functions delegated to them under subsection (1) above, act as agents for the Minister F16or a strategic highways company and in accordance with such conditions as F17may 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 F18the authority or council in the discharge of the delegated functions shall be subject to the approval of the Minister F16or a strategic highways company;

(b)

that F19the authority or council shall comply with any requirement of the Minister F16or 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 F16or 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 F16or a strategic highways company .

(3)

If at any time the Minister F20or 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 F21or the company may give notice to F22the authority or 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 F20or a strategic highways company may do anything that seems to him F23or the company necessary to place the road or land in proper repair and condition.

(4)

A delegation to F24an authority or council under subsection (1) above may be determined by notice given by the Minister F25or a strategic highways company to F26the authority or council during the first 9 months of any calendar year, or the functions so delegated may be relinquished by a notice given by F26the authority or council to the Minister F25or 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 F27or a strategic highways company may enter into an agreement with F28a combined authority, a combined county authority, a county council, F29a metropolitan district council or a London borough council—

(a)

for the construction of a trunk road, or

(b)

for the carrying out by F30the authority or 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 F31an authority or 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 F32such authority or council and to the conditions to be attached to any such delegation.

F33(5A)

A combined authority or combined county authority may not enter into any arrangements under subsection (5) unless the authority has obtained the consent of any constituent council or councils in whose area the authority would discharge functions under the agreement.

(6)

Where—

(a)

any functions have been delegated by the Minister F34or a strategic highways company to a county council under subsection (1) above, or

(b)

the Minister F34or a strategic highways company has entered into an agreement with a county council under subsection (5) above,

the county council F35(the “responsible council”) may, with the consent of the Minister F34or a strategic highways company, enter into arrangements with a district council F36or Welsh council (the “contracting council”) for the carrying out by the F37contractingcouncil, 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;. . . F38

F39(6ZA)

Where—

(a)

any functions have been delegated by the Minister or a strategic highways company to a combined authority or combined county authority under subsection (1) above, or

(b)

the Minister or a strategic highways company has entered into an agreement with a combined authority or combined county authority under subsection (5) above,

the combined authority or combined county authority may, with the consent of the Minister or a strategic highways company, enter into arrangements with a county council, district council or Welsh council (the “contracting council”) for the carrying out by the contracting 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.

(6ZB)

A combined authority or combined county authority may not enter into arrangements under subsection (6ZA) unless the authority has obtained the consent of any constituent council or councils in whose area functions would be discharged under the arrangements.

F40(6A)

No arrangements shall be entered into under subsection (6) F41or (6ZA) above for the carrying out by a F42contracting 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.

F43(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 F44an authority or 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 F45or 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 F46or 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 F45or a strategic highways company except in accordance F47with

(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.

F48(9)

In this section—

“combined authority” means a combined authority established under section 103 of the Local Democracy, Economic Development and Construction Act 2009;

“combined county authority” means a combined county authority established under section 9(1) of the Levelling-up and Regeneration Act 2023;

“constituent council” means—

(a)

in relation to a combined authority—

  1. (i)

    a county council the whole or any part of whose area is within the area of the authority, or

  2. (ii)

    a district council whose area is within the area of the authority;

(b)

in relation to a combined county authority—

  1. (i)

    a county council for an area within the area of the authority, or

  2. (ii)

    a unitary district council for an area within the area of the authority;

“unitary district council” means the council for a district for which there is no county council;

“upper-tier constituent council” means a constituent council that is—

(a)

a county council, or

(b)

a unitary district council.