Part I New Roads in England and Wales

Toll orders

12 Extension toll orders.

1

An order authorising the charging of tolls by the highway authority (an “extension toll order”) may be made in relation to a road which is or has been subject to a concession.

2

An extension toll order relating to a special road for which the Secretary of State is the highway authority shall be made by the Secretary of State; and an extension toll order relating to a road for which the highway authority is F1a strategic highways company or a local highway authority shall be made by F2that company or that authority and confirmed by the Secretary of State.

3

Any extension toll order must be made so as to come into force not later than—

a

the end of the toll period under the previous toll order, or

b

where the concession agreement terminates or is terminated before the end of that period, two years after the termination of the agreement,

whichever is the earlier.

4

The following provisions of this Act apply in relation to an extension toll order as in relation to a toll order under section 6(1)—

  • section 7(1) and (2) (the toll period),

  • section 9 (amount of tolls chargeable by highway authority),

  • section 10 (application of enactments relating to monopolies, &c.),

  • section 11 (variation or revocation of order),

  • sections 13 to 17 (further provisions with respect to tolls), and

  • section 18 (annual report by Secretary of State).

5

An extension toll order made by the Secretary of State, and an instrument made by the Secretary of State confirming an extension toll order made by F3a strategic highways company or a local highway authority, shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

The provisions of Schedule 2 (procedure in connection with toll orders) do not apply.