EXPLANATORY NOTE
(This note is not part of these Regulations)
These Regulations make consequential amendments to existing subordinate legislation in consequence of the appointment of Highways England Company Limited as a strategic highways company under Part 1 of the Infrastructure Act 2015 (c. 7) (“the 2015 Act”). They also make transitional provision and savings in connection with the appointment.
Part 1 of the 2015 Act makes provision for the Secretary of State to appoint a strategic highways company to act as the highway authority in respect of the areas and highways specified in the appointment. The Appointment of a Strategic Highways Company Order 2015 (S.I. 2015/376) appoints Highways England Company Limited (“the company”) as a strategic highways company for the strategic road network in England.
Regulation 3 gives effect to the Schedule which amends subordinate legislation in consequence of the appointment. In general the effect of the amendments is to allow the company to exercise the functions and powers of a highway authority under various highways-related and other enactments.
Regulation 4 contains general transitional provisions, the main purpose of which is to ensure, as far as necessary, that anything done by the Secretary of State in relation to a function transferring to it as a result of the appointment is treated as done by the company, and to ensure that anything being done by the Secretary of State on 1st April 2015 in relation to such a function may be continued by the company.
The effect of regulation 5 is that from 1st April 2015, the company will be responsible for discharging the litter clearance and cleaning duties which previously were transferred to the Secretary of State under the orders mentioned in paragraph (2). These duties relate to highways for which the company will be the highway authority from 1st April 2015 in place of the Secretary of State.
Regulation 6 contains specific transitional provision in relation to certain draft instruments which have been prepared by the Secretary of State, but have not been made as at 1st April 2015.
An impact assessment has not been produced for this instrument as no impact on the private or voluntary sectors is foreseen.