Planning and Infrastructure Act 2025

32 Power of strategic highways company in relation to trunk roads E+W

(1) Section 10 of the Highways Act 1980 (trunk roads) is amended as set out in subsections (2) to (6).

(2) Omit subsection (2A).

(3) In subsection (3), for “this section” substitute “subsection (2)”.

(4) In subsection (3A), after “power” insert “under subsection (2)”.

(5) In subsection (4), for “this section” substitute “subsection (2)”.

(6) After subsection (4) insert—

“(4A) A strategic highways company may by order direct—

(a) that a highway for which the company is the highway authority is to become a trunk road,

(b) in relation to a highway in the company’s area for which the company is not the highway authority, that—

(i) the highway is to become a trunk road, and

(ii) the company is to become the highway authority for it, or

(c) that a trunk road for which the company is the highway authority is to cease to be a trunk road.

(4B) In subsection (4A)(b)—

(a) the reference to the company’s area is to the area in respect of which it was appointed (see section 2(1) of the Infrastructure Act 2015), and

(b) the reference to a highway for which the company is not the highway authority includes a proposed highway to be constructed by the company.

(4C) A strategic highways company may make an order under subsection (4A) only if it is satisfied that the order is expedient for the purpose of extending, improving or reorganising the national system of routes for through traffic in England and Wales.

(4D) A strategic highways company may be satisfied as mentioned in subsection (4C) only after taking into consideration the requirements of local and national planning, including the requirements of agriculture.

(4E) An order under subsection (4A)—

(a) must specify the date on which it takes effect, and

(b) must be confirmed by the Secretary of State.

(4F) Subsections (3) and (4) apply in relation to the power in subsection (4A) as they apply in relation to the power in subsection (2).

(4G) The powers in this section are subject to section 33(4) of the Planning Act 2008 (exclusion of powers to make or confirm orders in relation to highways for which development consent required).”

(7) In Schedule 1 to the Highways Act 1980 (procedures for making or confirming orders and schemes), after paragraph 1 insert—

“1A Where an order under section 10 of this Act is submitted to the Secretary of State by a strategic highways company, that company must publish, in the manner specified in paragraph 1, the notice there referred to; and that paragraph has effect in relation to the notice as if, for the references to the draft order and the making of the order, there were substituted references to the order as submitted to the Secretary of State and the confirmation of the order respectively.”

Commencement Information

I1 S. 32 in force at 18.2.2026, see s. 118(1)(r)