2015 No. 378
Highways, England

The Delegation of Functions (Strategic Highways Companies) (England) Regulations 2015

Made
Laid before Parliament
Coming into force
The Secretary of State makes the following Regulations in exercise of the powers conferred by section 7 of the Infrastructure Act 20151:

Citation, commencement and application1.

(1)

These Regulations may be cited as the Delegation of Functions (Strategic Highways Companies) (England) Regulations 2015 and shall come into force on 1st April 2015.

(2)

These Regulations apply to England.

Interpretation2.

(1)

In these Regulations—

“the 1980 Act” means the Highways Act 19802;
“the 1991 Act” means the New Roads and Street Works Act 19913;

“highway” has the meaning given in section 328 of the 1980 Act;

“highway authority” has the meaning given in section 14 of the 1980 Act;
“highway connected land” means land which does not form part of a highway but which has been acquired by a strategic highways company, in connection with a highway, under section 239(1) or (4)5 or section 2466 of the 1980 Act or otherwise; and

“street works” has the meaning given in section 48(3) of the 1991 Act.

(2)

In Schedule 1, any expression used in a reference to a provision of the 1980 Act has the same meaning as it has in that Act.

(3)

In Schedule 2, any expression used in a reference to a provision of the 1991 Act has the same meaning as it has in that Act.

Delegation of functions3.

Any function of a strategic highways company which is listed in Schedule 1, 2 or 3 may be exercised by, or by employees of, such person (if any) as may be authorised to do so by the strategic highways company.

Signed by authority of the Secretary of State for Transport

John Hayes
Minister of State
Department for Transport

SCHEDULE 1FUNCTIONS CONFERRED BY OR UNDER THE 1980 ACT OR REGULATIONS MADE UNDER THAT ACT

Regulation 3

1.

Subject to paragraph 6, functions conferred on a strategic highways company, as the highway authority7 for a highway, in relation to that highway or to highway connected land, by or under any of the following provisions of the 1980 Act—

(a)

section 41(1) and (1A)8 (duty to maintain highways maintainable at public expense);

(b)

section 629 (general power of improvement);

(c)

section 6410 (dual carriageways and roundabouts);

(d)

section 65 (cycle tracks);

(e)

section 6611(footways and guard-rails etc. for publicly maintainable highways);

(f)

section 68 (refuges);

(g)

section 69(1)12 (subways);

(h)

section 70 (footbridges over highways);

(i)

section 71 (margins for horses and livestock);

(j)

section 75(1) and (2) (variation of widths of carriageways and footways);

(k)

section 76 (levelling of highways);

(l)

section 77 (alteration of levels);

(m)

section 78 (cutting off of corners);

(n)

section 80(1), (2) and (3)13 (power to fence highways);

(o)

section 81 (provisions of highway boundary posts);

(p)

section 84 (maintenance of cattle-grids and by-passes);

(q)

section 90 (protection of bridges and railways);

(r)

section 90G14 (powers to carry out traffic calming works);

(s)

section 92 (reconstruction of bridge maintainable at public expense);

(t)

section 96 (powers of highway and local authorities to plant trees, lay out grass verges etc.);

(u)

section 9715 (lighting of highways);

(v)

section 99 (metalling of highways);

(w)

section 100(1) to (5)16 (drainage of highways);

(x)

section 101 (power to fill in roadside ditches etc);

(y)

section 102 (provision of works for protecting highways against hazards of nature);

(z)

section 103 (provision of post to indicate depth of flood water);

(aa)

section 104 (mitigating nuisance of dust);

(bb)

section 105 (power to improve road-ferries);

(cc)

section 115H(1)17 (duties to consult or obtain consent of other authorities);

(dd)

section 133 (damage to footways of streets by excavations);

(ee)

section 139(1) and (2) (control of builders’ skips);

(ff)

section 140(2) (removal of builders’ skips);

(gg)

section 141(2) (restriction on planting trees etc. in or near carriageway);

(hh)

section 150(1), (2) and (4) (duty to remove snow, soil etc. from highway), except insofar as they relate to an obstruction in a highway which is the property of any person;

(ii)

section 167(2), (5) and (6) (powers relating to retaining walls near streets);

(jj)

section 169(1), (2), (3) and (4)18 (control of scaffolding on highways);

(kk)

section 171 (control of deposit of building materials and making of excavations in streets), except insofar as the functions conferred by or under section 171(7) relate to the removal of the property of any person; and

(ll)

section 178(1) (restriction on placing rails, beams etc. over highway).

2.

Subject to paragraph 6, functions conferred on a strategic highways company by or under any of the following provisions of the 1980 Act—

(a)

section 6319 (relief of main carriageway of trunk road from local traffic); and

(b)

sections 112(3) and (5)20 (provision of picnic sites and public conveniences for users of trunk roads), except insofar as the functions in subsection (5) relate to the provision of public sanitary conveniences.

3.

Subject to paragraph 6, functions conferred on a strategic highways company, by or under section 28821 of the 1980 Act (power to require gas and water pipes to be moved), insofar as that provision applies to the exercise of any other function listed in this Schedule.

4.

Subject to paragraph 6, functions conferred on a strategic highways company, as a competent authority, by virtue of their being the highway authority for a highway, by or under any of the following provisions of the 1980 Act—

(a)

section 143(1)22 (power to remove structures from highways);

(b)

section 154(1) and (2)23 (cutting or felling etc trees etc that overhang or are a danger to roads or footpaths); and

(c)

section 18524 (power to install refuse or storage bins in streets).

5.

Functions conferred on a strategic highways company, as the highway authority for a highway, by or under any of the following provisions of the Walkways Regulations 197325—

(a)

regulation 3(1) (modification of statutory provisions);

(b)

regulation 4(1) (rights of statutory undertakers etc);

(c)

regulation 5(3) (periodic and temporary closure of walkways); and

(d)

regulation 6 (stopping up of walkway by building owner).

6.

Where section 338 of the 1980 Act (saving for works, etc of dock, harbour and canal undertakers) or 339 of that Act26 (saving for works etc of drainage authorities etc) applies to the exercise of any functions listed in paragraphs 1 to 4, those functions shall be construed as including any additional requirements imposed by those sections.

SCHEDULE 2FUNCTIONS CONFERRED BY OR UNDER THE 1991 ACT OR REGULATIONS MADE UNDER THAT ACT

Regulation 3

1.

Functions conferred on a strategic highways company, as the street authority27 for a street, by or under any of the following provisions of the 1991 Act—

(a)

section 5328 (the street works register);

(b)

section 54(1), (4), (4A) and (4B)29 (advance notice of certain works);

(c)

section 55(1), (4) and (8)30 (notice of starting date of works);

(d)

section 56(1), (1A) and (4)31 (power to give directions as to timing of street works);

(e)

section 56A(1), (3) and (8)32 (power to give directions as to placing of apparatus);

(f)

section 57(2)33 (notice of emergency works);

(g)

section 5834 (restriction on works following substantial road works);

(h)

section 58A and Schedule 3A, paragraphs 1(1), 2(1) and (4), 3(1) and 4(1), (6), (8), (9) and (10), and 5(2)(b) and (3)35 (restriction on works following substantial street works);

(i)

section 5936 (general duty of street authority to co-ordinate works);

(j)

section 60(1) (general duty of undertakers to co-operate);

(k)

section 61 (protected streets), except for sub-paragraph (b) in the second paragraph of subsection (1);

(l)

section 65(5) (safety measures);

(m)

section 66(3) and (4) (avoidance of unnecessary delay or obstruction);

(n)

section 68(1) (facilities to be afforded to street authority);

(o)

section 70(3) and (4A)37 (duty of undertaker to reinstate);

(p)

section 7238 (powers of street authority in relation to reinstatement);

(q)

section 7539 (inspection fees);

(r)

section 81 (duty to maintain apparatus);

(s)

section 82(1) (liability for damage or loss caused);

(t)

section 87(4) (prospectively maintainable highways); and

(u)

section 94(1) and (2) (power of street authority or district council to undertake street works).

2.

Functions conferred on a strategic highways company, as the traffic authority40 for a highway, by section 65(2) of the 1991 Act (safety measures).

3.

Functions conferred on a strategic highways company, as a relevant authority, other than a street authority, by or under any of the following provisions of the 1991 Act—

(a)

section 81 (duty to maintain apparatus); and

(b)

section 82(1) (liability for damage or loss caused).

4.

Functions conferred on a strategic highways company, as the highway authority for a highway or as the bridge authority41 for a bridge, by or under any of the following provisions of the 1991 Act—

(a)

section 8342 (works for road purposes likely to affect apparatus in street);

(b)

section 84(1), (3) and (4) (measures necessary where apparatus affected by major works);

(c)

section 85(1) and (3) (sharing of cost of necessary measures); and

(d)

section 88(4)43 and (5) (bridges, bridge authorities and related matters).

5.

Functions conferred on a strategic highways company, as the responsible authority, by or under section 90 of the 1991 Act44 (provisions as to reinstatement of sewers, drains or tunnels).

6.

Functions conferred on a strategic highways company, as the street authority for a street in England, by or under regulation 3 of the Street Works (Inspection Fees) (England) Regulations 200245 (inspection fees).

7.

Functions conferred on a strategic highways company, as the street authority for a street in England, by or under regulation 3 of the Street Works (Reinstatement) Regulations 199246 (street authority’s power to give notice affecting the standard of reinstatement required).

8.

Functions conferred on a strategic highways company, as the highway authority for a highway or as the bridge authority for a bridge, by or under any provision of the Street Works (Sharing of Costs of Works) (England) Regulations 200047.

9.

Functions conferred on a strategic highways company, as the street authority for a street in England, under regulation 3 or 4 of the Street Works (Maintenance) Regulations 199248 (street authority’s power to execute works to enable it to inspect an undertaker’s apparatus and to execute any emergency works needed).

10.

Functions conferred on a strategic highways company, as the highway authority for a highway in England, under any provision of the Street Works Register (Registration Fees) Regulations 199949 (undertaker to pay the appropriate highway authority a fee on the registration of prescribed information).

11.

Functions conferred on a strategic highways company, as the street authority for a street in England, the highway authority for a highway in England or the bridge authority for a bridge in England by or under any of the following provisions of the Street Works (Registers, Notices, Directions and Designations) (England) Regulations 200750—

(a)

regulation 4(4) and (5) (street works registers);

(b)

regulation 6 (manner of service of notices);

(c)

regulation 7 (manner of service of copies of notices);

(d)

regulation 9(1), (2) and (3) (notice of starting date of works);

(e)

regulation 10(1) and (2) (procedure for giving directions under section 56 or 56A);

(f)

regulation 11(3), (5) and (9) (restriction on works following substantial road works);

(g)

regulation 12(3), (4) and (7) (restriction on works following substantial street works);

(h)

regulation 14(3) (designation of streets as protected);

(i)

regulation 15(3) (designation of streets as having special engineering difficulties); and

(j)

regulation 16(6) (designation of streets as traffic-sensitive).

12.

Functions conferred on a strategic highways company, as the street authority for a street in England, under regulation 5(1) or (6) of the Street Works (Fixed Penalty) (England) Regulations 200751 (manner of service of a fixed penalty notice or a notice withdrawing a fixed penalty notice).

13.

Functions conferred on a strategic highways company, as the highway authority for a highway, by or under any of the following provisions of the Street Works (Charges for Unreasonably Prolonged Occupation of the Highway) (England) Regulations 200952—

(a)

regulation 6 (notices);

(b)

regulation 9(1) (prescribed charges);

(c)

regulation 10 (estimates of duration of works); and

(d)

regulation 11 (further and revised estimates of duration of works).

SCHEDULE 3FUNCTIONS CONFERRED BY MISCELLANEOUS ENACTMENTS

Regulation 3

1.

Functions conferred on a strategic highways company, as the highway authority for a highway, by or under section 15353 of the Public Health Act 187554 (power to require gas and water pipes to be moved).

2.

Functions conferred on a strategic highways company, as the highway authority for a highway, by or under section 1455 of the Public Health Act 192556 (public drinking fountains, seats, etc, in streets).

3.

Functions conferred on a strategic highways company, by or under section 5(1) or (2) of the Local Government (Miscellaneous Provisions) Act 195357 (consents to exercise of powers under section 4 (provision of omnibus shelters, etc)).

4.

Functions conferred on a strategic highways company, by or under section 5(6) of, and Schedule 1 to, the Litter Act 198358 (litter bins in England and Wales).

5.

Functions conferred on a strategic highways company, as the highway authority for a highway, by or under section 72(1) of the Road Traffic Regulation Act 198459 (powers exercisable by parish or community councils).

6.

Functions conferred on a strategic highways company, as the highway authority for a highway, by or under section 4 (provision of barriers in cycle tracks, etc) or 5(1) (compensation) of the Cycle Tracks Act 198460.
EXPLANATORY NOTE
(This note is not part of these Regulations)

Part 1 of the Infrastructure Act 2015 (c. 7) 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. As a consequence of its appointment a strategic highways company will exercise certain statutory powers and functions under highways-related and other legislation.

These Regulations, which apply only to England, enable a strategic highways company to authorise another person, or that person’s employees, to exercise certain of its functions in relation to maintenance, improvement and other dealings with highways, mainly in its capacity as a highway authority. The functions which may be delegated in this way are listed in Schedules 1, 2 and 3.

An impact assessment has not been produced for this instrument as no impact on the private or voluntary sectors is foreseen.