Infrastructure Act 2015 (c. 7)

SCHEDULES

SCHEDULE 1 E+W Strategic highways companies: consequential and supplemental amendments

PART 2 E+W Other enactments

Road Traffic Regulation Act 1984 (c. 27) E+W

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

Commencement Information

I1 Sch. 1 para. 70 in force at 5.3.2015 by S.I. 2015/481, reg. 2(a)

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

(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 ”.

Commencement Information

I2 Sch. 1 para. 71 in force at 5.3.2015 by S.I. 2015/481, reg. 2(a)

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

Commencement Information

I3 Sch. 1 para. 72 in force at 5.3.2015 by S.I. 2015/481, reg. 2(a)

73 E+W 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 ”.

Commencement Information

I4 Sch. 1 para. 73 in force at 5.3.2015 by S.I. 2015/481, reg. 2(a)

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

(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 ”.

Commencement Information

I5 Sch. 1 para. 74 in force at 5.3.2015 by S.I. 2015/481, reg. 2(a)

75 E+W 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 ”.

Commencement Information

I6 Sch. 1 para. 75 in force at 5.3.2015 by S.I. 2015/481, reg. 2(a)

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

(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 ”.

Commencement Information

I7 Sch. 1 para. 76 in force at 5.3.2015 by S.I. 2015/481, reg. 2(a)

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

Commencement Information

I8 Sch. 1 para. 77 in force at 5.3.2015 by S.I. 2015/481, reg. 2(a)

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

(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 ”.

Commencement Information

I9 Sch. 1 para. 78 in force at 5.3.2015 by S.I. 2015/481, reg. 2(a)

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

Commencement Information

I10 Sch. 1 para. 79 in force at 5.3.2015 by S.I. 2015/481, reg. 2(a)

80 E+W 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 ”.

Commencement Information

I11 Sch. 1 para. 80 in force at 5.3.2015 by S.I. 2015/481, reg. 2(a)

81 E+W 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 ”.

Commencement Information

I12 Sch. 1 para. 81 in force at 5.3.2015 by S.I. 2015/481, reg. 2(a)

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

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

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

Commencement Information

I13 Sch. 1 para. 82 in force at 5.3.2015 by S.I. 2015/481, reg. 2(a)

83 E+W 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 ”.

Commencement Information

I14 Sch. 1 para. 83 in force at 5.3.2015 by S.I. 2015/481, reg. 2(a)

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

(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.”

Commencement Information

I15 Sch. 1 para. 84 in force at 5.3.2015 by S.I. 2015/481, reg. 2(a)

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

Commencement Information

I16 Sch. 1 para. 85 in force at 5.3.2015 by S.I. 2015/481, reg. 2(a)

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

(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 ”.

Commencement Information

I17 Sch. 1 para. 86 in force at 5.3.2015 by S.I. 2015/481, reg. 2(a)

87 E+W 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 ”.

Commencement Information

I18 Sch. 1 para. 87 in force at 5.3.2015 by S.I. 2015/481, reg. 2(a)

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

Commencement Information

I19 Sch. 1 para. 88 in force at 5.3.2015 by S.I. 2015/481, reg. 2(a)

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

(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.”

Commencement Information

I20 Sch. 1 para. 89 in force at 5.3.2015 by S.I. 2015/481, reg. 2(a)

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

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

(3) In subsection (3), omit “local”.

Commencement Information

I21 Sch. 1 para. 90 in force at 5.3.2015 by S.I. 2015/481, reg. 2(a)

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

(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 ”.

Commencement Information

I22 Sch. 1 para. 91 in force at 5.3.2015 by S.I. 2015/481, reg. 2(a)

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

Commencement Information

I23 Sch. 1 para. 92 in force at 5.3.2015 by S.I. 2015/481, reg. 2(a)

93 E+W 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 ”.

Commencement Information

I24 Sch. 1 para. 93 in force at 5.3.2015 by S.I. 2015/481, reg. 2(a)

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

(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 ”.

Commencement Information

I25 Sch. 1 para. 94 in force at 5.3.2015 by S.I. 2015/481, reg. 2(a)

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

(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 ”.

Commencement Information

I26 Sch. 1 para. 95 in force at 5.3.2015 by S.I. 2015/481, reg. 2(a)

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

(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 ”.

Commencement Information

I27 Sch. 1 para. 96 in force at 5.3.2015 by S.I. 2015/481, reg. 2(a)

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

Commencement Information

I28 Sch. 1 para. 97 in force at 5.3.2015 by S.I. 2015/481, reg. 2(a)

98 E+W 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 ”.

Commencement Information

I29 Sch. 1 para. 98 in force at 5.3.2015 by S.I. 2015/481, reg. 2(a)

99 E+W 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;”.

Commencement Information

I30 Sch. 1 para. 99 in force at 5.3.2015 by S.I. 2015/481, reg. 2(a)

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

(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 ”.

Commencement Information

I31 Sch. 1 para. 100 in force at 5.3.2015 by S.I. 2015/481, reg. 2(a)