Infrastructure Act 2015
The Secretary of State may by order in accordance with this Part appoint one or more companies as a highway authority.
A company may only be appointed under this section if it is—
limited by shares, and
wholly owned by the Secretary of State.
The appointment of a company terminates (in addition to termination by revocation of the order making the appointment) if the company ceases to be wholly owned by the Secretary of State.
A company appointed under this section is called a “strategic highways company”.
In this section, “company” means a company registered under the Companies Act 2006.
Schedule 1 (which contains consequential and supplemental amendments) has effect.
The appointment of a strategic highways company must specify—
an area, consisting of the whole or any part of England, in respect of which the company is appointed, and
highways in that area for which the company is to be the highway authority.
Highways may be specified under subsection (1)(b) by name or description.
Highways specified under subsection (1)(b) must be highways for which the Secretary of State or another strategic highways company is the highway authority immediately before the appointment has effect.
In the case of a strategic highways company appointed for an area adjacent to Wales, the highways specified under subsection (1)(b) may (subject to subsection (3)) include highways in Wales.
Where— the Secretary of State becomes the highway authority for those highways (to the extent that he or she would not otherwise be so).
the appointment of a strategic highways company is varied, and
by virtue of that variation the company ceases to be the highway authority for one or more highways,
Where the appointment of a strategic highways company terminates, the Secretary of State becomes the highway authority for any highway for which the strategic highways company is highway authority (whether by virtue of the appointment or otherwise) immediately before the termination.
Subsections (5) and (6) are subject to the appointment of another strategic highways company.
The Secretary of State may at any time—
set a Road Investment Strategy for a strategic highways company, or
vary a Strategy which has already been set.
A Road Investment Strategy is to relate to such period as the Secretary of State considers appropriate.
A Road Investment Strategy must specify—
the objectives to be achieved by the company during the period to which it relates, and
the financial resources to be provided by the Secretary of State for the purpose of achieving those objectives.
The objectives to be achieved may include—
activities to be performed;
results to be achieved;
standards to be met.
In setting or varying a Road Investment Strategy, the Secretary of State must have regard, in particular, to the effect of the Strategy on—
the environment, and
the safety of users of highways.
The Secretary of State and the company must comply with the Road Investment Strategy.
If a strategic highways company does not have a Road Investment Strategy currently in place, the Secretary of State must—
lay before Parliament a report explaining why a Strategy has not been set, and
set a Road Investment Strategy as soon as may be reasonably practicable.
Schedule 2 (which contains provision about the procedure for setting or varying a Road Investment Strategy) has effect.
The Secretary of State must from time to time direct a strategic highways company to prepare proposals for the management and development of particular highways in respect of which the company is appointed (“a route strategy”).
A route strategy must relate to such period as the Secretary of State may direct.
The strategic highways company must—
comply with a direction given to it under subsection (1), and
publish the route strategy in such manner as the company considers appropriate.
A direction under subsection (1) must be published by the Secretary of State in such manner as he or she considers appropriate.
A strategic highways company must, in exercising its functions, co-operate in so far as reasonably practicable with other persons exercising functions which relate to—
highways, or
planning.
A strategic highways company must also, in exercising its functions, have regard to the effect of the exercise of those functions on—
the environment, and
the safety of users of highways.
The Secretary of State may from time to time give a strategic highways company directions or guidance as to the manner in which it is to exercise its functions.
Directions under subsection (1) may provide, in particular, that a function is only to be exercised—
after consultation with the Secretary of State, or
with the consent of the Secretary of State.
In exercising its functions, a strategic highways company must— given to it under subsection (1).
comply with a direction, and
have regard to guidance,
Directions and guidance under subsection (1) must be published by the Secretary of State in such manner as he or she considers appropriate.
A strategic highways company may authorise another person to exercise a function it has under any enactment, if the function is prescribed by regulations made by the Secretary of State.
An authorisation may authorise the exercise of a function—
wholly or to any other extent;
generally or only in some cases or areas;
unconditionally or subject to conditions.
An authorisation—
does not prevent the company or any other person from exercising the function to which the authorisation relates,
may be for a period not exceeding ten years, and
may be revoked at any time.
The strategic highways company may—
enter into a contract with an authorised person in connection with the exercise by that person of a function;
make payments to an authorised person in that connection.
Where an authorisation is revoked at a time when a contract in connection with the exercise of a function is subsisting, the authorised person is entitled to treat the contract as repudiated by the company (and not as frustrated by reason of the revocation).
Regulations under this section may not prescribe a function if it is—
a power of entry, or
a power or duty to make subordinate legislation.
Where a function of the Secretary of State is transferred to a strategic highways company under this Part and is, immediately before the transfer, authorised to be exercised by another person by an order under section 69 of the Deregulation and Contracting Out Act 1994—
the authorisation is to have effect as if it had been given by the transferee company under this section, and
if the function is not prescribed under subsection (1), it is to be regarded as having been so prescribed.
Where a function of a strategic highways company is transferred to another such company under this Part and is, immediately before the transfer, authorised to be exercised by another person under this section, the authorisation is to have effect as if it had been given by the transferee company under this section.
A function to which an authorisation under section 7 relates may be exercised by—
the authorised person, or
an employee of that person.
Anything done by, or in relation to, the authorised person or that person's employee in connection with the exercise of a function is to be treated as done by, or in relation to, the company.
Subsection (2)—
does not affect the rights and liabilities of the strategic highways company and the authorised person as between one another,
does not make the strategic highways company liable under section 6 of the Human Rights Act 1998 in respect of any act (within the meaning of that section) of the authorised person or an employee of the authorised person if the act is of a private nature,
does not prevent any civil proceedings which could otherwise be brought by or against the authorised person from being brought, and
does not apply for the purposes of any criminal proceedings brought in respect of anything done by the authorised person or that person's employee.
Schedule 15 to the Deregulation and Contracting Out Act 1994 (restrictions on disclosure of information) applies to an authorisation under section 7 as it applies to an authorisation of the Secretary of State under Part 2 of that Act (contracting out).
In this section—
“employee”, in relation to a body corporate, includes a director or other officer of the body;
references to anything done include anything omitted to be done;
references to the exercise of a function include the purported exercise of a function.
The Passengers' Council must carry out activities to protect and promote the interests of users of highways for which a strategic highways company is the highway authority.
Those activities may include investigating, publishing reports or giving advice to the Secretary of State on—
how a strategic highways company's exercise of its functions or achievement of its objectives under a Road Investment Strategy affects users of highways for which it is the highway authority, and
any other matters—
relating to highways for which a strategic highways company is the highway authority, and
which the Council considers to be of interest to users of such highways.
The Secretary of State may by regulations provide that those activities may not relate to a matter—
to the extent specified;
subject to compliance with specified conditions.
The Secretary of State must consult the Council before making regulations under subsection (3).
The Secretary of State must, in exercising functions under this Part, have regard to any advice given to him or her by the Council under this section.
The Council may by agreement with a local highway authority carry out activities to protect and promote the interests of users of highways for which the authority is the highway authority.
Those activities may include investigating, publishing reports or giving advice to the local highway authority on any matters—
relating to highways for which the authority is the highway authority, and
which the authority and the Council consider to be of interest to users of such highways.
In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (other public bodies and offices: general), at the appropriate place insert— “ The Passengers' Council. ”
The Office of Rail and Road must carry out activities to monitor how a strategic highways company exercises its functions.
Those activities may include investigating, publishing reports or giving advice to the Secretary of State on—
whether, how and at what cost a strategic highways company has achieved its objectives under a Road Investment Strategy,
objectives for a future Road Investment Strategy, and
the effect of directions and guidance given by the Secretary of State to a strategic highways company under this Part.
The Office may direct a strategic highways company to provide such information as the Office considers necessary for the purpose of carrying out activities under subsection (1).
A direction under subsection (3) may specify the form and manner in which the information is to be provided.
A direction under subsection (3) may not require—
production of a document which the strategic highways company could not be compelled to produce in civil proceedings, or
provision of information which the company could not be compelled to give in evidence in such proceedings.
The strategic highways company must comply with a direction under subsection (3).
The Secretary of State must, in exercising functions under this Part, have regard to any advice given to him or her by the Office under this section.
The Secretary of State must lay a report published by the Office under this section before Parliament.
In Part 2 (Office of Rail Regulation) of the Railways and Transport Safety Act 2003, after section 15 insert—
If the Office of Rail and Road is satisfied that a strategic highways company has contravened or is contravening— the Office may take one or more of the steps mentioned in subsection (2).
section 3(6) (compliance with the Road Investment Strategy), or
section 6(3) (compliance with directions and regard to guidance),
The Office may—
give notice to the company as to the contravention and the steps the company must take in order to remedy it;
require the company to pay a fine to the Secretary of State.
The Office of Rail and Road must exercise its functions under sections 10 and 11 in the way that it considers most likely to promote— of the strategic highways company.
the performance, and
the efficiency,
The Office must also, in exercising those functions, have regard to—
the interests of users of highways,
the safety of users of highways,
the economic impact of the way in which the strategic highways company achieves its objectives,
the environmental impact of the way in which the strategic highways company achieves its objectives,
the long-term maintenance and management of highways, and
the principles in subsection (3).
The principles are that—
regulatory activities should be carried out in a way which is transparent, accountable, proportionate and consistent, and
regulatory activities should be targeted only at cases in which action is needed.
The Secretary of State may from time to time give the Office of Rail and Road guidance as to the manner in which it is to carry out its activities under section 10.
The Secretary of State and the Treasury, acting jointly, must give the Office guidance as to the circumstances in which the payment of a fine under section 11 should be required.
The Office must have regard to guidance given to it under this section.
Guidance under this section must be published by the Secretary of State in such manner as he or she considers appropriate.
The Secretary of State must from time to time prepare and publish reports on the manner in which a strategic highways company exercises its functions.
The Secretary of State must lay a report prepared under subsection (1) before Parliament.
The Secretary of State may make one or more schemes for the transfer of property, rights and liabilities—
from the Secretary of State to one or more of the following—
a strategic highways company, or
a proposed strategic highways company;
from a strategic highways company or a former strategic highways company to one or more of the following—
the Secretary of State,
a strategic highways company, or
a proposed strategic highways company.
In making a transfer scheme the Secretary of State must have regard to—
the functions, or the proposed functions, of the transferee under any enactment, and
the terms of appointment, or proposed terms of appointment, of a strategic highways company, or a proposed strategic highways company, to which the scheme relates.
Schedule 3 (which contains more provision about transfer schemes) has effect.
In this section and Schedule 3—
“proposed strategic highways company” means a company which the Secretary of State proposes to appoint as a strategic highways company;
“proposed strategic highways company” means a company which the Secretary of State proposes to appoint as a strategic highways company;
the territorial sea adjacent to Great Britain, or
The Environmental Protection Act 1990 is amended as follows.
The Rights of Light Act 1959 is amended as follows.
In Schedule 1 to the Interpretation Act 1978 (words and expressions defined) in the entry containing definitions of “local land charges register” and “the appropriate local land charges register”—
for “a register” substitute “the register”, and
omit the words from “and “the appropriate local land charges register”” to the end of that entry.
In section 3(4) of the Compulsory Purchase (Vesting Declarations) Act 1981 (registration of preliminary notice) for the words from “registered” to the end of the subsection substitute “sent to the Chief Land Registrar, and the notice shall be a local land charge”.
This paragraph and paragraph 43 apply where Parts 1 and 3 of this Schedule have effect in relation to the area of a local authority by virtue of paragraph 40. Anything done or omitted to be done by or in relation to the local authority and in relation to the old register which is in force or effective immediately before the relevant date is to be treated as done or omitted to be done by or in relation to the Chief Land Registrar and in relation to the new register. There may be continued by or in relation to the Chief Land Registrar anything (including legal proceedings) that relates to the old register and is in the process of being done by or in relation to the local authority immediately before the relevant date.
Regulations may provide for an amount of licensing levy payable by a licence holder to be calculated by reference to the size of an area to which an energy industry licence held by that person relates.
Regulations may provide for interest (at a rate specified in, or determined under, the regulations) to be charged in respect of unpaid amounts of licensing levy. Regulations may provide for unpaid amounts of licensing levy (together with any interest charged) to be recoverable as a civil debt.
In this Schedule—
Section 89 (duty to keep land and highways clear of litter etc) is amended as follows. In subsection (1)— In subsection (2)—
in paragraph (b), after “special road” insert “ (other than one to which paragraph (ba)(i) applies) ”;
after paragraph (b) insert—.
Section 2 (registration of notice in lieu of obstruction of access of light) is amended as follows. In subsection (1) for “local authority in whose area the dominant building is situated” substitute “Chief Land Registrar”. In subsection (2) omit “be in the prescribed form and shall”. In subsection (3) after “accompanied by” insert “ a copy of”. In subsection (4)—
Section 98 (definitions) is amended as follows. In subsection (5), after “public expense”),” insert “ “highway authority”, ”. After subsection (5A) insert—
In section 3(2)(c) (period for which notice has effect)—
after “expires without” insert “a copy of”, and
for “local authority” substitute “Chief Land Registrar”.
In section 7(1) (interpretation)—
for the definition of “prescribed” substitute—, and
omit the definition of “local authority”.
In consequence of the amendment made by paragraph 30(b), in Schedule 1 to the Local Land Charges Act 1975 omit paragraph (c) of the amendments to the Rights of Light Act 1959.
The Treasury may by regulations make provision for varying the way in which a relevant tax has effect from time to time in relation to—
any property, rights or liabilities which are transferred by virtue of a transfer to which this section applies, or
anything done for the purposes of, or in relation to, or in consequence of, a transfer to which this section applies.
This section applies to—
a transfer of property, rights and liabilities in accordance with a scheme under section 15, or
a transfer occurring under section 263 of the Highways Act 1980 (vesting of highway in highways authority) by virtue of the appointment of a strategic highway company under section 1 or the variation or termination of such an appointment.
The provision that may be made under subsection (1)(a) includes, in particular, provision for—
a tax provision not to apply, or to apply with modifications, in relation to any property, rights or liabilities transferred;
any property, rights or liabilities transferred to be treated in a specified way for the purposes of a tax provision;
the Secretary of State to be required or permitted, with the consent of the Treasury, to determine, or to specify the method for determining, anything which needs to be determined for the purposes of any tax provision so far as relating to any property, rights or liabilities transferred.
The provision that may be made under subsection (1)(b) includes, in particular, provision for—
a tax provision not to apply, or to apply with modifications, in relation to anything done for the purposes of, or in relation to, or in consequence of, the transfer;
anything done for the purposes of, or in relation to, or in consequence of, the transfer to have or not to have a specified consequence or to be treated in a specified way;
the Secretary of State to be required or permitted, with the consent of the Treasury, to determine, or to specify the method for determining, anything which needs to be determined for the purposes of any tax provision so far as relating to anything done for the purposes of, or in relation to, or in consequence of, the transfer.
In this section—
“relevant tax” means income tax, corporation tax, capital gains tax or stamp duty;
“tax provision” means a provision of an enactment about a relevant tax.
References in this section to the transfer of property, rights or liabilities in accordance with a scheme under section 15 include references to— (and “transferred”, in relation to property, rights or liabilities, is to be read accordingly).
the creation of interests, rights or liabilities under the scheme, and
the modification of interests, rights or liabilities under the scheme,
The Secretary of State may provide financial assistance—
to a strategic highways company, for the purpose of any of its functions, or
to any other person, for the promotion or improvement of transport services by land in England.
Financial assistance may be provided in such form and on such terms as the Secretary of State considers appropriate.
The form in which financial assistance may be provided includes in particular—
grants,
loans, or
guarantees.
The terms on which financial assistance may be provided include in particular—
in the case of a grant or a loan, terms as to repayment;
in the case of a guarantee, terms as to reimbursement.
Subsection (1) does not affect any other power of the Secretary of State to provide financial assistance.
Subsection (1)(b) does not authorise the Secretary of State to provide financial assistance that he or she may provide under section 6 of the Railways Act 2005 (financial assistance relating to rail services).
In section 17(1)(e) of the Ministry of Transport Act 1919 (power to make advances for the promotion and improvement of transport services by land or water), after “by land” insert “ in Wales ”.
The Secretary of State may by regulations provide that a transferable function of the Secretary of State, other than an excluded function, is transferred to a strategic highways company.
A transferable function is a function under any enactment which relates to—
highways, or
planning.
An excluded function is a function which—
is exercisable by statutory instrument;
relates to giving consent (however expressed) to the proposed exercise of a function by any other—
highway authority (within the meaning of the Highways Act 1980);
traffic authority (within the meaning of the Road Traffic Regulation Act 1984).
Regulations under this section may provide for the function to be exercisable—
concurrently with the Secretary of State;
only with the consent of the Secretary of State;
subject to such other conditions as the Secretary of State considers appropriate.
Regulations under this section may amend, repeal, revoke or otherwise modify the application of any enactment (but, in the case of an Act, only if the Act was passed before the end of the Session in which this Act is passed).
The Secretary of State may by regulations make— in connection with an order under section 1 or any other provision made by or under this Part.
consequential, supplementary or incidental provision, or
transitional or transitory provision or savings,
Regulations under this section may amend, repeal, revoke or otherwise modify the application of any enactment (but, in the case of an Act, only if the Act was passed before the end of the Session in which this Act is passed).
In this Part—
The property, rights and liabilities that may be transferred by a scheme include— A scheme may provide that transfers are to take effect irrespective of— which would otherwise apply. Sub-paragraph (4) applies where a person would otherwise be entitled, in consequence of anything done, or likely to be done, in connection with a scheme— That entitlement is enforceable in relation to the interest or right— to the extent only that the scheme provides for it to be so enforceable.
Where a scheme provides for the transfer of property, rights or liabilities, or for the creation of interests, rights or liabilities— Sub-paragraph (1) is subject to provision under a scheme for— to be effected by or under an agreement or instrument entered into or executed in pursuance of an obligation imposed by virtue of paragraph 4(1). A certificate issued by the Secretary of State that any property, rights or liabilities have been transferred under a scheme is conclusive evidence of the transfer.
Where the transferor and transferee under a scheme that has come into force so agree, the scheme is to be treated for all purposes as having come into force with such modifications as may be agreed. An agreement under this paragraph which relates to rights and liabilities under a contract of employment may be entered into only if the employee is a party to the agreement. An agreement under this paragraph that adversely affects the property or rights of a person other than the transferor, the transferee or such an employee may be entered into only if that person is a party to the agreement. An agreement under this paragraph may include—
The Secretary of State may direct a strategic highways company, or a former strategic highways company, to provide such information as he or she may consider necessary for the purposes of making a scheme. The direction must specify the period within which the information is to be provided. The period specified in the direction must be not less than 28 days beginning with the day on which the direction is given. If the company fails to comply with the direction, the Secretary of State may serve a notice on the company requiring— Documents or information to be produced or provided in accordance with such a notice must be produced or provided at the time and place, and in the form and manner, specified in the notice. A direction or notice under this paragraph may not require— If a strategic highways company fails to comply with a notice under sub-paragraph (4), the court may, on the application of the Secretary of State, make such order as the court thinks fit for requiring the failure to be made good. Any order under sub-paragraph (7) may include provision requiring all the costs or expenses of, or incidental to, the application to be borne by one or more of the following— In this paragraph, reference to the production of a document includes reference to the production of a legible and intelligible copy of information recorded otherwise than in legible form.
each subsequent period of 5 years.
The New Roads and Street Works Act 1991 is amended as follows.
Right to buy regulations must make provision enabling those renewable electricity generation facilities which are qualifying facilities to be identified. The regulations may make provision enabling the following to be identified— The regulations may make provision enabling the following to be identified in cases where there is expansion at a site where a renewable electricity generation facility is located— Right to buy regulations may make provision about cases in which the right to buy is not to be exercisable in relation to a renewable electricity generation facility which would otherwise be a qualifying facility (an “excepted facility”). The functions that may be conferred by regulations under sub-paragraph (4) (in accordance with section 39(1)) include— The regulations may provide for an excepted facility to be identified by reference to one or more of the following factors—
Right to buy regulations must make provision enabling the following to be identified— The individuals who may exercise the right to buy may be identified by reference to one or more of the following factors— Right to buy regulations may specify the kind, or kinds, of individuals who may not exercise the right to buy. Those kinds of individuals may be identified by reference to one or more of the following factors— The groups who may exercise the right to buy may be identified by reference to one or more of the following factors— The provision that may be made about membership, or members, of the group under sub-paragraph (5)(c) or (d) includes provision of any kind that may be made under sub-paragraph (2) or (4) about individuals. Right to buy regulations may specify the kind, or kinds, of groups who may not exercise the right to buy. Regulations under this paragraph may make provision about which persons are connected with which other persons for the purposes of any such regulations. The regulations may provide that one person (“A”) is connected with another person (“B”) by virtue of—
Right to buy regulations must make provision about setting the price of the available stakes in a qualifying facility. In making the regulations, the Secretary of State must have regard to the desirability of the prices of available stakes reflecting a measure of fair value. In this paragraph “available stakes”, in relation to a qualifying facility, means the stakes in the qualifying facility that are to be offered through the right to buy.
Right to buy regulations may make provision (including provision relating to the allocation of stakes)— Provision about cases where applications made in the application period do not exceed the available stakes may— If right to buy regulations identify a secondary period, the regulations may make, in relation to the secondary period, any provision of the kinds mentioned in sub-paragraphs (1) and (2)(a) that may be made in relation to the application period. The power under section 55 to make different provision in community electricity right regulations for different purposes includes power to make provision relating to secondary periods that is different from provision relating to application periods. The provision that may differ includes provision about— In this paragraph—
In section 6 (toll orders), in subsection (2)—
after the second “provided by” insert “ a strategic highways company or ”;
after the second “made by” insert “ the company or ”.
Section 12 (extension toll orders) is amended as follows. In subsection (2)— In subsection (5), after the third “made by” insert “ a strategic highways company or ”.
Section 26 (interpretation) is amended as follows. After subsection (1) insert— In subsection (3)—
In section 49 (the street authority and other relevant authorities), in subsection (2)—
after “Secretary of State” insert “ or a strategic highways company ”;
after “his” insert “ or its ”.
In section 63 (streets with special engineering difficulties), in subsection (3), after “Where” insert “ a strategic highways company or ”.
In section 74 (charge for occupation of the highway where works unreasonably prolonged), in subsection (7A)(a), after “application by” insert “ strategic highways companies or ”.
Section 74A (charge determined by reference to duration of works) is amended as follows. In subsection (2), after “paid to” insert “ a strategic highways company or ”. In subsection (10)(a), after “application by” insert “ strategic highways companies or ”.
In section 86 (highway authorities, highways and related matters), after subsection (1) insert—
In section 106 (index of defined expressions)—
in the first column of the table, at the appropriate place insert “ strategic highways company ”;
in the second column opposite that entry insert “ section 86(1A) ”.
Schedule 2 (procedure in connection with toll orders) is amended as follows. In paragraph 1— In paragraph 2(1), 3 and 4(1) after “Secretary of State” insert “ , the strategic highways company ”.
In Schedule 3 (street works licences), in paragraph 9—
in sub-paragraph (1)—
after “is made to” insert “ a strategic highways company or ”;
in paragraph (a), after “refusal of” insert “ the company or ”;
in sub-paragraph (3)—
after “decision of” insert “ the strategic highways company or ”;
after “duty of” insert “ that company or ”.
Regulations may provide for the licensing levy payable in respect of a charging period to increase or decrease over that period.
Regulations may provide for a category of licence holder to be exempt from payment of the licensing levy.
Regulations (including regulations of the kinds mentioned in paragraphs 3 and 4) may provide for a category of licence holder to consist of persons who hold a kind of energy industry licence specified in the regulations. The regulations may (in particular) specify any of the following kinds of energy industry licence—
“users of highways” includes cyclists and pedestrians.
The Secretary of State may at any time—
set a Cycling and Walking Investment Strategy for England, or
vary a Strategy which has already been set.
A Cycling and Walking Investment Strategy is to relate to such period as the Secretary of State considers appropriate; but a Strategy for a period of more than five years must be reviewed at least once every five years.
A Cycling and Walking Investment Strategy must specify—
objectives to be achieved during the period to which it relates, and
the financial resources to be made available by the Secretary of State for the purpose of achieving those objectives.
The objectives to be achieved may include—
activities to be performed;
results to be achieved;
standards to be met.
Before setting or varying a Cycling and Walking Investment Strategy the Secretary of State must consult such persons as he or she considers appropriate.
In considering whether to vary a Cycling and Walking Investment Strategy the Secretary of State must have regard to the desirability of maintaining certainty and stability in respect of Cycling and Walking Investment Strategies.
A Cycling and Walking Investment Strategy must be published in such manner as the Secretary of State considers appropriate.
Where a Cycling and Walking Investment Strategy has been published the Secretary of State must from time to time lay before Parliament a report on progress towards meeting its objectives.
If a Cycling and Walking Investment Strategy is not currently in place, the Secretary of State must—
lay before Parliament a report explaining why a Strategy has not been set, and
set a Strategy as soon as may be reasonably practicable.
In section 100 of the Anti-terrorism, Crime and Security Act 2001 (jurisdiction of transport police)—
in subsection (2)(b), after “personal injury” insert “ or damage to property ”, and
omit subsection (3)(a).
In section 172 of the Road Traffic Act 1988 (duty to give information as to identity of driver etc in certain circumstances), in subsection (2)(a), after “chief officer of police” insert “ or the Chief Constable of the British Transport Police Force ”.
The Wildlife and Countryside Act 1981 is amended as follows.
In section 14 (introduction of new species etc), after subsection (4) insert—
After Schedule 9 insert—
In section 19 (enforcement), at the end insert—
In section 25 (functions of local authorities), at the end insert—
In section 26 (regulations, orders, notices etc), at the end insert—
Schedule 9 to the Wildlife and Countryside Act 1981 (animals and plants to which section 14 of that Act applies) is amended as follows.
In the heading to Part I, at the beginning insert “ NON-NATIVE ”.
In Part I, omit the entries relating to the wild boar, capercaillie, chough, corncrake, common crane, white-tailed eagle, goshawk, red kite and barn owl.
After Part I insert—
After Part IA (as inserted by subsection (4) above) insert—
The Wildlife and Countryside Act 1981 is amended as follows.
In section 14 (introduction of new species etc), in subsection (1)(b), after “Part I” insert “ , IA or IB ”.
In the heading to section 14ZA (sale etc of invasive non-native species), for “invasive non-native species” substitute “ certain animals and plants included in Schedule 9 ”.
In the heading to section 14ZB (codes of practice in connection with invasive non-native species), for “invasive non-native species” substitute “ species which are non-native or included in Schedule 9 ”.
In section 22 (power to vary Schedules), in subsection (5)(a), after “Part I” insert “ , IA or IB ”.
In section 61 of the Planning Act 2008 (decision as to whether application for order granting development consent should be handled by Panel or single appointed person) for subsection (1) substitute—
In section 65 of the Planning Act 2008 (appointment of Panel to examine application for order granting development consent) in subsection (1)(a) (Panel to consist of three, four or five persons) before “three” insert “ two, ”.
In section 68(3) of that Act (duty of Secretary of State to appoint additional members if Panel comes to have two members or a single member)—
omit “two members or”, and
for “three” substitute “ two ”.
In section 73(1)(b) of that Act (Panel's continuing identity not affected by its coming to have two members or a single member) omit “two members or”.
In section 75 of that Act (decision-making by Panel)—
before subsection (1) insert—, and
in subsection (1) (decision by Panel requires the agreement of a majority) for “the Panel” substitute “ a Panel with three or more members ”.
Schedule 6 to the Planning Act 2008 (changes to, and revocation of, orders granting development consent) is amended as follows.
In paragraph 2 (non-material changes to orders)—
in sub-paragraph (8) (duty for Secretary of State to comply with prescribed consultation and publicity requirements) after “Secretary of State” insert “ and the person who has made the application under sub-paragraph (4) ”, and
after that sub-paragraph insert—
In paragraph 3 (changes to, and revocation of, orders) after sub-paragraph (5) insert—
In paragraph 4 (supplementary provisions about changes to, and revocation of, orders) after sub-paragraph (5) insert—
After section 74 of the Town and Country Planning Act 1990 insert—
Schedule 4 (Mayoral development orders) has effect.
The Secretary of State may by regulations make consequential provision in connection with any provision made by that Schedule.
Regulations under this section may amend, repeal, revoke or otherwise modify the application of any enactment (but, in the case of an Act, only if the Act was passed before the end of the Session in which this Act is passed).
In this section “enactment” includes an enactment comprised in subordinate legislation within the meaning of the Interpretation Act 1978.
The Housing and Regeneration Act 2008 is amended in accordance with subsections (2) to (4).
After section 53 (and after the italic heading before section 54) insert—
In section 51 (property etc transfers) after subsection (3) insert—
In section 320 (orders and regulations)—
in subsection (7) (instruments subject to annulment in pursuance of a resolution of either House of Parliament) after paragraph (c) insert—, and
after that subsection insert—
The Greater London Authority Act 1999 is amended in accordance with subsections (6) to (9).
After section 333D insert—
In section 408 (transfers of property, rights or liabilities to the Greater London Authority etc) after subsection (8) insert—
In section 409 (transfer schemes for transfers to the Greater London Authority etc) after subsection (8) insert—
In section 420 (regulations and orders)—
in subsection (7) (instruments subject to annulment in pursuance of a resolution of either House of Parliament) after the entry for section 243(7) insert— “ section 333DA(2);”, and ”, and
after subsection (8) insert—
The Housing and Regeneration Act 2008 is amended in accordance with subsections (2) to (4).
In section 11 (which introduces the provision made about land of the HCA in Schedule 3) for “land of the HCA” substitute “ land acquired by the HCA ”.
In the title to Schedule 3 (main powers in relation to land of the HCA) for “land of the HCA” substitute “ land acquired by the HCA ”.
In paragraph 1 of that Schedule (powers to override easements etc in undertaking works on, or using, land of the HCA) in each of sub-paragraphs (1) and (3) for “land of the HCA” substitute “ land which has been vested in or acquired by the HCA ”.
Section 333ZB of the Greater London Authority Act 1999 (powers in relation to land held for housing or regeneration purposes) is amended in accordance with subsections (6) to (9).
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After subsection (4) insert—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The amendments made by this section do not apply in relation to land the freehold interest in which was disposed of by the Homes and Communities Agency, the Greater London Authority, a company or body through which the Authority exercises functions in relation to housing or regeneration or a Mayoral development corporation before the day on which this section comes into force.
The reference in subsection (11) to land disposed of by the Greater London Authority does not include land disposed of to a company or body through which the Authority exercises functions in relation to housing or regeneration.
In section 31 of the Greater London Authority Act 1999 (limits of the general power) after subsection (5A) insert—
The amendment made by subsection (1) applies in relation to expenditure incurred before as well as after the coming into force of this section.
Schedule 5 (transfer of responsibility for local land charges to Land Registry) has effect.
In that Schedule—
Part 1 amends the Local Land Charges Act 1975,
Part 2 amends the Land Registration Act 2002,
Part 3 amends other Acts, and
Part 4 contains transitional provision.
In section 105 of the Land Registration Act 2002 (power of registrar to provide or arrange for the provision of consultancy or advisory services about the registration of land in England and Wales or elsewhere) in subsection (1) for the words from “, consultancy or advisory services” to the end substitute—
For the title to that section substitute “ Services relating to land or other property ”.
In section 127(2)(h) of the Land Registration Act 2002 (power of Lord Chancellor to nominate consumer affairs member of Rule Committee) for “Lord Chancellor” substitute “ Secretary of State ”.
This section applies in relation to the nomination of a member of the Rule Committee on or after the day on which this section comes into force.
The Building Act 1984 is amended as follows.
In section 1(1A) (matters that may be covered by building regulations) after paragraph (c) insert;
Schedule 1 (building regulations) is amended as follows.
After paragraph 7 insert—
In paragraph 8(2) (requirement for building regulations not to apply to buildings erected before regulations come into force, subject to exceptions) after “Subject to sub-paragraphs (3) to (6) below and to” insert “ paragraph 7A(12) above and ”.
The reference to the Building Act 1984 in article 2(a) of the Welsh Ministers (Transfer of Functions) (No 2) Order 2009 (SI 2009/3019) is to be treated as referring to that Act as amended by this section.
The Secretary of State may make regulations which give individuals resident in a community or groups connected with a community (or both) the right to buy a stake in a renewable electricity generation facility that is located—
in the community (if it is a land-based facility), or
adjacent to the community (if it is an offshore facility).
The Secretary of State may make regulations about— if the Secretary of State considers that the regulations are appropriate in connection with the right to buy.
the kind, or kinds, of body which may be a facility operator,
ownership of facility operators, and
matters relating to the ownership of facility operators (including the rights, duties and powers arising from ownership),
The Secretary of State may make regulations about the supply of information in connection with the following—
the right to buy;
ownership of stakes in qualifying facilities (including the transfer of ownership);
operation of qualifying facilities;
ownership of facility operators (including matters relating to the ownership of facility operators);
monitoring and assessing—
the operation of the right to buy, and
the ownership of stakes in qualifying facilities.
The Secretary of State may make regulations about the enforcement of obligations imposed by regulations made under any of subsections (1) to (3); and the regulations about enforcement may include—
provision for obligations to be enforceable as, or as if they were, generation licence conditions or relevant requirements;
a power to impose financial penalties for breach of obligations.
The Secretary of State may by regulations modify— if the Secretary of State considers that the modification is appropriate in connection with regulations made under any of subsections (1) to (4) or this subsection.
any generation licence condition, or
any generation licence exemption,
Schedule 6 (which describes certain provision that community electricity right regulations can make, including provision about renewable electricity generation facilities, communities, and individuals and groups who may exercise the right to buy) has effect.
In this section, Schedule 6 and section 39—
“petroleum” has the same meaning as in Part 1 of the Petroleum Act 1998 (see section 1 of that Act);
Great Britain,
Right to buy regulations must specify the kind, or kinds, of renewable electricity generation facilities in relation to which the right to buy is to be exercisable. The regulations must secure that the right to buy is not to be exercisable in relation to a renewable electricity generation facility if the total installed capacity of the facility is expected to be less than 5 megawatts. The regulations may specify a kind of renewable electricity generation facility by reference to one or more of the following factors—
Right to buy regulations must make provision enabling the following to be identified— A community must be a geographical area which is— A community may be identified by reference to one or more of the following factors—
Right to buy regulations must require the designated promoter or facility operator to choose the kind, or kinds, of stake in a qualifying facility that are to be available through the right to buy. The regulations must give the designated promoter or facility operator a choice of at least two different kinds of stake in relation to a qualifying facility. The regulations must require the designated promoter or facility operator—
Right to buy regulations must make provision about the procedure for exercising the right to buy in relation to a qualifying facility (the “purchase procedure”). The purchase procedure must identify what stake or stakes— may buy through the right to buy. The regulations may require the designated promoter or facility operator to conduct the purchase procedure. The purchase procedure must identify the period of time during which stakes in a qualifying facility may be applied for (the “application period”). The purchase procedure must secure that the application period does not begin until after planning consent has been given for the development of the qualifying facility. Here “planning consent” means whichever of the following is, or are, needed for that facility to be developed—
the seaward boundary of the territorial sea, or
In section 14 of the Requisitioned Land and War Works Act 1948 (registration of rights as to government oil pipelines)—
in subsections (1) and (4)(b) omit “appropriate”,
in subsection (1) for “authority keeping that register that authority” substitute “Chief Land Registrar, the Chief Land Registrar”, and
in subsection (4) for “a local land charges register” substitute “the local land charges register”.
If operator and ownership regulations specify two or more kinds of bodies which may be a facility operator, the regulations may make provision about which kind of body may own which kind of facility in which circumstances.
Operator and ownership regulations may make provision about the conduct of the owners of facility operators. The regulations may impose duties, restrictions or prohibitions in relation to the exercise of rights or powers of owners (including a right or power to exercise a vote attached to a share).
Information regulations may make provision about the supply of—
financial information relating to a renewable electricity generation facility;
information relating to electricity generation at a renewable electricity generation facility.
Information regulations may make provision about the supply of information by, or to, individuals and groups who are exercising the right to buy.
In section 112G of the Transport Act 1985 (representations following an investigation by the Passengers' Council), in subsection (1), for paragraph (d) substitute—.
Section 247 of the Town and Country Planning Act 1990 (highways affected by development: orders by Secretary of State) is amended as follows. In subsection (3)— In subsection (3A)—
In section 248 (highways crossing or entering route of proposed new highway etc), in subsection (1)(a), after “Secretary of State” insert “ or a strategic highways company ”.
In section 254 (compulsory acquisition of land in connection with highways), in subsection (1), after “local highway authority” insert “ or a strategic highways company ”.
In section 256 (electronic communications apparatus: orders by Secretary of State), in subsection (3) omit “local”.
In section 336 (interpretation), in subsection (1)—
in the definition of “local highway authority”, after “Secretary of State” insert “ or a strategic highways company ”;
“strategic highways company” means a company for the time being appointed under Part 1 of the Infrastructure Act 2015;
Schedule 13 (blighted land) is amended as follows. In paragraph 16, for “if he” substitute “ or a strategic highways company if he or it ”. In paragraph 18—
“generation licence condition” means—
“highway” has the same meaning as in the Highways Act 1980;
The Road Traffic Regulation Act 1984 is amended as follows.
In section 44 (authorisation of use on roads of special vehicles not complying with regulations under section 41) of the Road Traffic Act 1988, after subsection (3) insert—
Operator and ownership regulations may require the constitution of a facility operator to be in accordance with provision specified in the regulations. In the case of a facility operator that is a company, the regulations may require the constitution of the company to be in accordance with provision about—
Operator and ownership regulations may make provision about the treatment of the revenues earned by a qualifying facility. The regulations may restrict or prohibit the making of arrangements affecting the destination of the revenues.
“reporting period” means—
“petroleum” has the same meaning as in Part 1 of the Petroleum Act 1998 (see section 1 of that Act);
In section 19(10) of the Leasehold Reform Act 1967 (registration of scheme or certificate under section 19 in appropriate local land charges register) in the opening words omit “appropriate”.
In paragraph 9(a) of Schedule 9 to the Highways Act 1980 (notification of revocation of improvement line or building line) for the words from “the council” to “is situated” substitute “the Chief Land Registrar”.
In section 70(12) of the Leasehold Reform, Housing and Urban Development Act 1993 (consequence of registration of scheme in appropriate local land charges register) in the opening words omit “appropriate”.
A local authority must provide the Chief Land Registrar with such information or other assistance as the Chief Land Registrar reasonably requires for the purposes of enabling Part 1 of this Schedule to have effect in relation to the area of that authority.
In this Part of this Schedule— For the purposes of this Part of this Schedule the area of the Common Council of the City of London includes the Inner Temple and the Middle Temple. Expressions used in this Part of this Schedule and in the Local Land Charges Act 1975 have the same meaning as in that Act.
In this Schedule “operator and ownership regulations” means regulations under subsection (2) of section 38.
Operator and ownership regulations may make provision about the ownership of facility operators. The regulations may—
Information regulations may make provision about the supply of information by, or to, individuals and groups who are, or may be, interested in exercising the right to buy (were it available to them).
Information regulations may make provision about the supply of information by, or to, individuals and groups who hold—
stakes which they have bought through the right to buy, or
stakes which they have acquired after their sale through the right to buy.
Section 1
The Highways Act 1980 is amended as follows.
Section 1 (highway authorities: general provision) is amended as follows. In subsection (1)— After subsection (1) insert— In subsections (2) and (3) to (4)—
In section 2 (highway authority for road which ceases to be a trunk road), in subsection (2)—
after the first “Minister” insert “ or by a strategic highways company ”;
after the second “Minister” insert “ or the company ”.
Section 3 (highway authority for approaches to and parts of certain bridges) is amended as follows. In subsection (1), after the first “Minister” insert “ or a strategic highways company ”. In subsection (3), after “Minister” insert “ or a strategic highways company ”.
Section 4 (agreement for exercise by Minister of certain functions of local highway authority as respects highway affected by construction etc of trunk road) is amended as follows. In subsection (1)— In subsection (2)— In subsection (3)— In subsections (4) and (5), for “Minister”, wherever occurring, substitute “ trunk road authority ”. In the heading, after “Minister” insert “ or strategic highways company ”.
Section 5 (agreement for local highway authority to maintain and improve certain highways constructed or to be constructed by Minister) is amended as follows. In subsection (1)— In the heading, after “Minister” insert “ or strategic highways company ”.
for “their” substitute “the local highway authority's”;
after the second “Minister” insert “ or the company ”.
Section 6 (delegation etc of functions with respect to trunk roads) is amended as follows. In subsection (1)— In subsection (1A)— In subsection (1B)— In subsection (2)— In subsection (3)— In subsection (4), after “Minister”, wherever occurring, insert “ or a strategic highways company ”. In subsection (5)— In subsection (6), after “Minister”, wherever occurring, insert “ or a strategic highways company ”. In subsection (8)—
after “Minister” insert “ or a strategic highways company ”;
after “his” insert “ or its ”;
after “him” insert “ or it ”.
Section 8 (agreements between local highway authorities for doing of certain works) is amended as follows. In subsection (1)— In the heading, after “local highway authorities” insert “ and strategic highways companies ”.
Section 9 (seconding of staff etc) is amended as follows. In subsection (1)— In subsection (2), after “Minister” insert “ or a strategic highways company ”.
Section 10 (general provision as to trunk roads) is amended as follows. In subsection (2)(a)(i), after “Minister” insert “ or a strategic highways company ”. After subsection (3) insert— In subsection (8), after “Minister” insert “ or a strategic highways company ”.
Section 11 (local and private Act functions with respect to trunk roads) is amended as follows. In subsection (1), after “Minister alone” insert “ or a strategic highways company alone, whichever is highway authority for the trunk road (“the trunk road authority”), ”. In subsection (2), in paragraphs (a), (b) and (c), for “Minister”, wherever occurring, substitute “ trunk road authority ”.
In section 14 (powers as respects roads that cross or join trunk or classified roads), in subsection (3)—
in paragraph (a), after “trunk road” insert “ for which he is the highway authority ”;
in paragraph (b), for “in relation to a classified road” substitute “ in any other case ”.
Section 16 (general provision as to special roads) is amended as follows. For subsection (4) substitute— In subsection (6)(b)— In subsection (10)—
In section 18 (supplementary orders relating to special roads), in subsection (3)(b)—
for “the case” substitute “ any other case ”;
omit “local”.
In section 19 (certain special roads and other highways to become trunk roads), in subsections (1) and (2), after “Minister”, wherever occurring, insert “ or a strategic highways company ”.
Section 23 (compensation in respect of certain works executed in pursuance of orders under section 14 or 18) is amended as follows. After the first “Minister,” insert “ a strategic highways company, ”. After the second “Minister,” insert “ the strategic highways company, ”.
Section 24 (construction of new highways and provision of road-ferries) is amended as follows. In subsection (1)— After subsection (1) insert— In subsection (2)—
Section 26 (compulsory powers for creation of footpaths, bridleways and restricted byways) is amended as follows. In subsection (1)— In subsection (3)— In subsection (3A)(b), after “local authority” insert “ and a strategic highways company ”.
In section 38 (power of highway authorities to adopt by agreement), in subsection (1), after “Minister,” insert “ or a strategic highways company, whichever is the highway authority ”.
Section 41 (duty to maintain highways maintainable at public expense) is amended as follows. In subsection (2), after “him” insert “ or a strategic highways company ”. In subsection (4)(b), after “Minister” insert “ or the strategic highways company ”. In subsection (5), after the second “Minister” insert “ or the strategic highways company ”.
Section 55 (extinguishment of liability to maintain or improve bridges comprised in trunk roads and special roads) is amended as follows. In subsection (1), after “Minister” insert “ or a strategic highways company (“the trunk road authority”) ”. In subsection (2)— In subsection (3), for “Minister”, wherever occurring, substitute “ trunk road authority ”. In subsection (4)— In subsection (5), in the definition of “owners”, for “Minister” substitute “ trunk road authority ”.
In section 63 (relief of main carriageway of trunk road from local traffic), after “Minister” insert “ or a strategic highways company ”.
In section 66 (footways and guard-rails etc for publicly maintainable highways), in subsection (6)—
after the first “Minister” insert “ or a strategic highways company ”;
after the second “Minister” insert “ or the strategic highways company ”.
In section 69 (subways), in subsection (2)(a), after “Minister” insert “ or a strategic highways company ”.
Section 80 (power to fence highways) is amended as follows. In subsection (1)(b), after “Minister” insert “ or a strategic highways company ”. In subsection (3), after “Part III)” insert “ and, in the case of a trunk road, consent has been given under section 175B (consent of highway authority required for trunk road access) ”. In subsection (4)—
in paragraph (b)—
after “Minister” insert “ or a strategic highways company ”;
after “him” insert “ or it ”;
in the words following paragraph (b), after “Minister” insert “ or a strategic highways company ”.
Section 90C (consultation and local inquiries) is amended as follows. In subsection (1)— In subsection (2), after “Secretary of State” insert “ , a strategic highways company ”. In subsection (4)—
Section 93 (power to make orders as to reconstruction, improvement etc of privately maintainable bridges) is amended as follows. In subsections (1) and (2), omit “local”, wherever occurring. Omit subsection (5).
In section 95 (supplemental provisions as to orders and agreements under sections 93 and 94), in subsection (2), for the words from “section 94” to the end substitute “ sections 93 and 94 are exercisable by the highway authority for the trunk road over, or partly over, the bridge. ”
In section 97 (lighting of highways), in subsection (1), for “The Minister and every local” substitute “ A ”.
Section 105A (environmental impact assessments) is amended as follows. In subsection (2)— In subsection (3)— In subsection (4), after “Secretary of State” insert “ or the strategic highways company ”. In subsection (5)(d)—
after “Secretary of State” insert “ or a strategic highways company ”;
after the first “he” insert “ or it ”;
after the second “he” insert “ or it, whichever is considering the project, ”.
Section 105B (procedure) is amended as follows. In subsection (1)— In subsection (3), after “Secretary of State” insert “ or the strategic highways company (as the case may be) ”. In subsection (3A)— In subsections (3B) and (3C), after “Secretary of State” insert “ or the strategic highways company ”. In subsection (4)— In subsection (5)— In subsection (5A)— In subsection (6)— In subsection (7), after “Secretary of State”, wherever occurring, insert “ or the strategic highways company ”. In subsection (8)(e), after “Secretary of State” insert “ , the strategic highways company ”.
Section 105C (other EEA States) is amended as follows. In subsection (1)— In subsection (2)— In subsection (4)— In subsection (5)— In subsections (6) and (7), after “Secretary of State” insert “ or the strategic highways company ”.
In section 105D (validity of decisions), in subsection (1), after “Secretary of State” insert “ or a strategic highways company ”.
Section 106 (orders and schemes providing for construction of bridges over or tunnels under navigable waters) is amended as follows. In subsection (3)— In subsection (6), omit “local”.
In section 108 (power to divert navigable watercourses), in subsection (2)(b), for “a local” substitute “ any other ”.
In section 110 (power to divert non-navigable watercourses and to carry out other works on any watercourse), in subsection (6)(b), for “, they shall not carry them” substitute “ or a strategic highways company, they must not be carried ”.
Section 112 (provision of picnic sites and public conveniences for users of trunk roads) is amended as follows. In subsection (1), after “Minister” insert “ or a strategic highways company ”. In subsection (2)— In subsections (3) to (5), after “Minister”, wherever occurring, insert “ or a strategic highways company ”. In subsection (6)— In subsection (7), after “Minister” insert “ or a strategic highways company ”.
Section 113 (exercise by council of functions of Minister with respect to management or provision of picnic sites etc) is amended as follows. In subsection (1)— In subsection (2), omit “by Minister”. In subsection (3)— In subsections (5) and (7), after “Minister” insert “ or a strategic highways company ”. In the heading, after “Minister” insert “ or a strategic highways company ”.
Section 124 (stopping up of private access to highways) is amended as follows. In subsection (2), after “if they are” insert “ a strategic highways company or ”. In subsection (3)— In subsection (4)(d) and (e), omit “local”, wherever occurring. In subsection (5)— In subsections (6) and (7), omit “local”.
In section 129 (further provision with respect to new means of access), in subsection (3), for “a local” substitute “ any other ”.
In section 154 (cutting or felling etc trees etc that overhang or are a danger to roads or paths), in subsection (1)(a)—
after the first “Minister” insert “ or a strategic highways company ”;
for the second “Minister” substitute “ highway authority ”.
In section 174 (precautions to be taken by persons executing works in streets), in subsections (1A) and (1B), omit “local”.
Before section 176 insert—
In section 232 (power to treat as a private street land designated for purposes of this section by development plan), in subsection (7), after “constructed by” insert “ a strategic highways company or ”.
Section 239 (acquisition of land for construction, improvement etc of highway: general powers) is amended as follows. In subsection (1), after “Minister” insert “ or a strategic highways company ”. In subsection (2)—
In section 240 (acquisition of land in connection with construction, improvement etc of highway: further general powers), in subsection (3)—
after “Minister” insert “ or a strategic highways company ”;
in paragraph (b), after “his” insert “ or its ”.
Section 245A (acquisition of land by Secretary of State or Assembly for buildings etc needed for traffic management purposes) is amended as follows. After subsection (1) insert— In the heading, after “Secretary of State” insert “ , strategic highways company ”.
In section 247 (general provision as to acquisition procedure etc), in subsection (1), after “this Act on” insert “ a strategic highways company or ”.
Section 254 (compulsory acquisition for certain purposes of rights in land belonging to local authorities etc) is amended as follows. In subsection (1)(b), after “Minister”, wherever occurring, insert “ or a strategic highways company ”. In subsection (2), after “Minister”, wherever occurring, insert “ or a strategic highways company ”. In subsection (5)(b), after “Minister” insert “ or a strategic highways company ”.
Section 260 (clearance of title to land acquired for statutory purposes) is amended as follows. In subsection (3)(b), after “Minister” insert “ or a strategic highways company ”. In subsection (4), after “Minister” insert “ , strategic highways company ”.
In section 263 (vesting of highways maintainable at public expense), in subsection (3), omit “local”.
Section 265 (transfer of property and liabilities upon a highway becoming or ceasing to be a trunk road) is amended as follows. In subsection (1)— In subsection (2), after “Minister” insert “ or a strategic highways company ”. In subsection (4)— In subsection (5)— In subsections (6) and (7), after “Minister”, wherever occurring, insert “ or a strategic highways company ”. In subsection (8)—
after “Minister”, wherever occurring, insert “ or the strategic highways company ”;
in paragraph (a), after “him” insert “ or the company ”.
Section 266 (transfer to Minister of privately maintainable bridges carrying trunk roads) is amended as follows. In subsection (1), after “Minister” insert “ or a strategic highways company, whichever is highway authority for the trunk road (“the trunk road authority”), ”. In subsection (2), for “Minister” substitute “ trunk road authority ”. In subsection (3)— In subsection (4), for “Minister” substitute “ trunk road authority ”. In subsections (5) and (6)— In subsections (7), (8) and (10), for “Minister”, wherever occurring, substitute “ trunk road authority ”. In the heading, after “Minister” insert “ or a strategic highways company ”.
In section 266A (transfer of property and liabilities upon a highway becoming or ceasing to be a GLA road), in subsection (8)(b), after “Minister” insert “ or a strategic highways company ”.
Section 267 (transfer to local highway authorities of privately maintainable bridges carrying special roads) is amended as follows. In subsection (1), after “Minister” insert “ or a strategic highways company, ”. In subsections (2) and (3), for “Minister” substitute “ trunk road authority ”.
Section 271 (provisions with respect to transfer of toll highways to highway authorities) is amended as follows. In subsection (1)(i), after “trunk road” insert “ for which he is the highway authority ”. After subsection (1)(i) insert—.
Section 277 (contribution towards maintenance of bridge where road ceases to be a trunk road) is amended as follows. After the first “Minister” insert “ or a strategic highways company ”. After the second “Minister” insert “ or the company ”.
Section 284 (powers of Minister in relation to privately maintainable parts of trunk roads) is amended as follows. After “Minister” insert “ or a strategic highways company, whichever is highway authority for the trunk road, ”. In the heading, after “Minister” insert “ or strategic highways company ”.
Section 284A (trunk roads: miscellaneous functions of Secretary of State) is amended as follows. For the words from “any trunk road” to the end substitute “ a trunk road for which the Secretary of State is highway authority, include the Secretary of State and, in relation to a trunk road for which a strategic highways company is the highway authority, include that company. ” In the heading, after “Secretary of State” insert “ and strategic highways company ”.
Section 329 (further provision as to interpretation) is amended as follows. In subsection (1)— After subsection (5) insert—
In section 330 (construction of certain enactments relating to execution of works by statutory undertakers), in subsection (1), after “Minister” insert “ or a strategic highways company, whichever is highway authority for the trunk road, ”.
In section 331 (references to functions of council as respects any highway), after “Minister” insert “ or a strategic highways company ”.
Schedule 1 (procedures for making or confirming certain orders and schemes) is amended as follows. In paragraph 1, after “trunk road” insert “ for which he is the highway authority ”. In paragraph 2— In paragraph 3— In paragraphs 4 and 5, after “Minister” insert “ , the strategic highways company ”. In paragraph 6, after “Minister” insert “ , a strategic highways company ”. In paragraphs 7(1)(ii), 8(1)(b), 9 and 10 omit “local”. In paragraph 11, for “local” substitute “ other ”. In paragraph 12, for the first “local” substitute “ other ”. In paragraph 13, for “a local” substitute “ another ”. In paragraphs 14(1)(ii), 15(1)(b) and 16 omit “local”. In paragraph 17, for “local” substitute “ other ”.
In Schedule 3 (provisions of this Act referred to in section 11), in the headings to Parts 1, 2 and 3, after “Minister”, wherever occurring, insert “ or a strategic highways company ”.
Schedule 5 (modifications of certain provisions of the Town and Country Planning Act 1990 as applied by section 21) is amended as follows. In Part 1 (modifications in relation to land referred to in paragraph (a) or (b) of section 21(2)), in paragraph 3, after “when” insert “ a strategic highways company or ”. In Part 2 (modifications in relation to land referred to in paragraph (c) of section 21(2))—
Schedule 11 (provisions as to orders under section 93 of this Act) is amended as follows. In paragraph 9(3), omit “local”. In paragraph 15(1), omit “other than a trunk road bridge”. Omit paragraph 17.
Schedule 21 (transitional matters arising where a highway becomes a trunk road or a trunk road ceases to be a trunk road) is amended as follows. In paragraph 1— In paragraph 3— In paragraph 4, after “Minister”, wherever occurring, insert “ or a strategic highways company ”. In paragraphs 6 to 9—
after the first “Minister” insert “ or a strategic highways company ”;
after “Minister”, wherever else occurring, insert “ or the company ”.
In Schedule 2 to the Parliamentary Commissioner Act 1967, at the appropriate place insert “ A strategic highways company for the time being appointed under Part 1 of the Infrastructure Act 2015. ”
In the Dartford-Thurrock Crossing Act 1988, after section 46 (interpretation) insert—
The Traffic Management Act 2004 is amended as follows.
Having been provided with proposals under paragraph 2, the strategic highways company must respond to the Secretary of State— The company must respond before the date specified by the Secretary of State in accordance with paragraph 2(3)(a).
Section 1 (traffic officers: introduction) is amended as follows. In subsection (2)(b), after “national authority” insert “ or a strategic highways company ”. In subsection (5), after “Secretary of State” insert “ or a strategic highways company ”.
Section 11 (uniform) is amended as follows. The existing provision becomes subsection (1) of section 11. After subsection (1) insert—
In section 12 (power to charge for traffic officer services provided on request), after “national authority” insert “ or, as respects England, a strategic highways company ”.
“strategic highways company” means a company for the time being appointed under Part 1 of the Infrastructure Act 2015;
In the heading to Part 2, after “local traffic authorities” insert “ and strategic highways companies ”.
Section 16 (the network management duty) is amended as follows. In subsection (1), after “local highway authority” insert “ or a strategic highways company (“the network management authority”) ”. In subsection (3), for “local traffic” substitute “ network management ”.
In section 17 (arrangements for network management), in subsection (1), for “local traffic” substitute “ network management ”.
In section 18 (guidance to local authorities), in subsections (1) and (2), and in the heading, for “local traffic” substitute “ network management ”.
In section 19 (power to require information relating to network management), in subsections (1), (2) and (3), for “local traffic”, wherever occurring, substitute “ network management ”.
In section 20 (intervention notices), in subsections (1), (2)(b) and (3), for “local traffic” substitute “ network management ”.
In section 21 (intervention orders), in subsections (1), (4), (5), (6), (8) and (9), for “local traffic”, wherever occurring, substitute “ network management ”.
In section 22 (appointment of traffic director: supplementary), in subsections (1) and (3), for “local traffic”, wherever occurring, substitute “ network management ”.
In section 23 (monitoring and reporting), in subsections (1), (2)(b) and (3), for “local traffic” substitute “ network management ”.
In section 24 (intervention in activities of local traffic authority), in subsection (2), and in the heading, for “local traffic” substitute “ network management ”.
Section 25 (exercise of local traffic authority functions) is amended as follows. In subsection (2), after “from the” insert “ network management ”. In the heading, for “local traffic” substitute “ network management ”.
In section 26 (application of sections 20 to 25 to local traffic authorities exercising functions jointly), in subsection (1), and in the heading, for “local traffic” substitute “ network management ”.
In section 30 (recovery of costs from local traffic authorities), in subsections (1) and (2), and in the heading, for “local traffic” substitute “ network management ”.
Section 31 (interpretation of Part 2) is amended as follows. In the definition of “local traffic authority”, after “Secretary of State” insert “ , a strategic highways company ”. In the definition of “road network”— “network management authority” has the meaning given in section 16(1);
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 60 (strategic roads in London: initial designation by Secretary of State) is amended as follows. In subsection (1), after the second “Secretary of State” insert “ , a strategic highways company ”. After subsection (4)(a) insert—.
In section 61 (orders of the Greater London Authority changing what are strategic roads), in subsection (1), after “Secretary of State” insert “ , a strategic highways company ”.
Section 65 (duty of local highway authority to keep records of objects in highway) is amended as follows. In subsection (1)— In subsection (4)— In the heading, after “Duty of” insert “ strategic highways company or ”.
Section 3
“relevant land” means land in respect of which the right of use is proposed to be, or is, exercised;
This Part specifies the procedure by which a Road Investment Strategy is set. It does not apply to the first Road Investment Strategy under section 3 where it is published and laid before Parliament by the Secretary of State within a year of that section coming into force.
Where the strategic highways company has agreed to proposals under paragraph 2, the Secretary of State may publish those proposals as the Road Investment Strategy. The Secretary of State may only publish proposals under sub-paragraph (1) if satisfied that appropriate consultation has taken place. Publication under sub-paragraph (1) may be in such manner as the Secretary of State considers appropriate.
Parts 1 and 3 of this Schedule have effect in relation to the area of a local authority if (and only if)— The Chief Land Registrar may withdraw a notice under sub-paragraph (1) (“the original notice”) by a notice in writing which— If, in accordance with this paragraph, the Chief Land Registrar gives a notice under sub-paragraph (1) which is not withdrawn, Parts 1 and 3 have effect in relation to the area specified in the notice on and after the date specified in it. This paragraph does not prevent the making of rules under section 14 of the Local Land Charges Act 1975 as amended by Part 1 of this Schedule— but such rules have effect in relation to the area of a local authority if (and only if) that Part has effect in relation to that area in accordance with this paragraph.
The amendments in Part 1 of this Schedule to section 10(1) and (2) of the Local Land Charges Act 1975 (compensation for non-registration or defective official search certificate) and to section 16(1) of that Act so far as it applies to that section do not have effect in relation to a search of the old register made before the relevant date. Subject to sub-paragraphs (4) and (5), the Chief Land Registrar may recover from the local authority an amount equal to any compensation which the Chief Land Registrar is liable to pay under section 10 of the Local Land Charges Act 1975 in consequence of— Subject to sub-paragraphs (4) and (5), the Chief Land Registrar may recover from the local authority an amount equal to any compensation which the Chief Land Registrar is liable to pay under section 10 of the Local Land Charges Act 1975 where— Sub-paragraph (5) applies where— Where this sub-paragraph applies, the Chief Land Registrar may recover an amount equal to the compensation from the originating authority (and may not recover such an amount from the local authority). Sub-paragraph (7) applies where compensation for loss under section 10 of the Local Land Charges Act 1975 is paid by the Chief Land Registrar in the circumstances described in any of sub-paragraphs (2) to (4). No part of the amount paid, or of any corresponding amount paid to the Chief Land Registrar by the local authority or originating authority under any of those sub-paragraphs, is to be recovered by the Chief Land Registrar, the local authority or originating authority from any other person except as provided by any of sub-paragraphs (2) to (4) or under a policy of insurance or on grounds of fraud. Subsections (5) and (6) of section 10 of the Local Land Charges Act 1975 do not apply where compensation for loss under that section is paid by the Chief Land Registrar in the circumstances described in any of sub-paragraphs (2) to (4).
This paragraph applies where the Secretary of State is considering varying a Road Investment Strategy. Paragraphs 2 to 5 apply to proposals for a varied Road Investment Strategy as they apply to proposals for a Road Investment Strategy. In performing their functions under this Part of this Schedule, the Secretary of State and the strategic highways company must have regard to the desirability of maintaining certainty and stability in respect of Road Investment Strategies.
Section 15
“CCA 2008” means the Climate Change Act 2008;
The property, rights and liabilities to be transferred may be specified or described by a scheme. A scheme comes into force on the date it appoints.
A scheme may contain provision for imposing on a transferee or a transferor an obligation— as may be specified or described in the scheme. That other person may enforce an obligation imposed on a transferor or a transferee by virtue of sub-paragraph (1) in civil proceedings.
A scheme may— In particular, a scheme may make provision— Sub-paragraph (2)(c) does not apply to references in an enactment.
A third party is entitled to compensation in respect of the extinguishment of that party’s entitlement where— The amount of compensation to which a third party is entitled under this paragraph is the amount necessary for securing, to the extent that it is just to do so, that the third party does not suffer financial loss from the extinguishment of the entitlement. A liability to pay compensation under this paragraph falls on the Secretary of State. This paragraph has effect in relation to— as it has effect in relation to the scheme but as if, in the case of an agreement under paragraph 8, only persons who are not parties to the agreement were third parties.
In section 25(3) of the Cheshire County Council Act 1953 (notice preventing building next to proposed street to be void unless registered as a local land charge) omit the words from “Provided that” to “local land charge”.
Section 30
After section 61D of the Town and Country Planning Act 1990 insert—
The Town and Country Planning Act 1990 is amended as follows.
In section 56(5)(a) (time when development begun where planning permission granted by general or local development order) for “or a local development order” substitute “, a local development order or a Mayoral development order”.
In section 57(3) (planning permission not required for normal use of land where planning permission for development of land granted by development order etc) after “a local development order” insert “, a Mayoral development order”.
In section 58(1) (planning permission may be granted by development order etc) after “a local development order” insert “, a Mayoral development order”.
In section 62(2A) (applications for planning permission: references in subsections (1) and (2) to applications for planning permission to include applications under section 61L(2)) after “references to” in the second place insert —.
In section 65(3A) (notice etc of applications for planning permission: references in subsections (1) and (3) to applications for planning permission etc to include applications under section 61L(2) etc) after “references to” in the second place insert —.
Section 69 (register of applications etc) is amended as follows. In subsection (1) (duty of local planning authority to keep register containing information about planning applications etc) after paragraph (c) insert—. In subsection (2)(b) (requirement for register to contain information about local development orders etc) after “local development order,” insert “Mayoral development order,”.
Section 71 (consultations in connection with determinations under section 70) is amended as follows. In subsection (2ZA) (references in subsections (1) and (2) to applications for planning permission to include applications under section 61L(2)) after “references to” in the second place insert —. In subsection (3A) (disapplication of consultation requirement relating to caravan sites in case of neighbourhood development order) after “granted by” insert “a Mayoral development order or”.
In section 74(1ZA) (directions etc as to method of dealing with applications: references in subsections (1)(c) and (f) to planning permission etc to include approvals under section 61L(2) etc)—
in paragraph (a) after “reference to” in the second place insert —, and
in paragraph (b) after “references to” in the second place insert —.
In section 77(1) (reference of applications to the Secretary of State)—
for “approval” substitute “consent, agreement or approval”, and
after “a local development order” insert “, a Mayoral development order”.
In section 78(1)(c) (right of appeal against refusal of application for approval under development order etc.) after “a local development order” insert “, a Mayoral development order”.
In section 88(9) (provision for permission for development in enterprise zones does not prevent planning permission from being granted by other means) after “a local development order” insert “, a Mayoral development order”.
In section 91(4)(a) (provisions about general condition limiting duration of planning permission do not apply to permission granted by development order etc) after “a local development order” insert “, a Mayoral development order”.
Section 108 (compensation for refusal etc of planning permission formerly granted by development order etc) is amended as follows. In the heading after “local development order” insert “, Mayoral development order”. In subsection (1)— After subsection (1) insert— In subsection (2)— In subsection (3B) after paragraph (b) insert—. After subsection (3D) insert—
In section 109(6) (apportionment of compensation for depreciation: interpretation) in the definition of “relevant planning decision” after “the local development order” insert “, the Mayoral development order”.
In section 171H(1)(a) (compensation for temporary stop notice: application where activity authorised by development order etc) after “a local development order” insert “, a Mayoral development order”.
In section 264(5)(ca) (land which is treated as operational land of a statutory undertaker by virtue of planning permission for its development granted by a local development order etc) after “a local development order” insert “, a Mayoral development order”.
Section 303 (fees for planning applications etc) is amended as follows. After subsection (1) insert— After subsection (10) insert— After subsection (11) insert—
In section 305(1)(a) (contributions by Ministers towards compensation paid by local authorities) after “local authority” insert “, the Mayor of London”.
In section 324 (rights of entry) after subsection (1A) insert—
Section 333 (regulations and orders) is amended as follows. In subsection (4) after “61A(5)” insert “, 61DD(4),”. In subsection (5) after “Wales),” insert “61DD(4),”.
In section 336(1) (interpretation) at the appropriate place insert—.
Section 34
The Local Land Charges Act 1975 is amended as follows.
In the italic heading before section 3 for “registers” substitute “register”.
For section 3 (registering authorities, local land charges registers, and indexes) substitute—
Omit section 4 (the appropriate local land charges register).
Section 5 (registration) is amended as follows. Omit subsection (1). For subsections (2) and (3) substitute— In subsection (6) for “a local land charges register” substitute “the local land charges register”.
Section 6 (local authority’s right to register a general charge against land in certain circumstances) is amended as follows. For subsection (2) substitute— In subsection (3) for “5(1) and (2)” substitute “5(2)”. In subsection (4)—
Section 8 (personal searches) is amended as follows. In subsection (1)— In subsection (1A)— In subsection (2)—
Section 9 (official searches) is amended as follows. In subsection (1)— Omit subsection (2). For subsections (3) and (3A) substitute— In subsection (4)— In consequence of the amendment made by sub-paragraph (5)(b), in Schedule 4 to the Constitutional Reform Act 2005 omit paragraph 84(3)(b).
Section 10 (compensation for non-registration or defective official search certificate) is amended as follows. In subsection (1)— Omit subsection (2). In subsection (4) for “registering authority in whose area the land affected is situated” substitute “Chief Land Registrar”. In subsection (5)— After that subsection insert— In subsection (6)— After subsection (6) insert— In subsection (7) for “Limitation Act 1939” substitute “Limitation Act 1980”. In subsection (9) for “registering authority’s” substitute “Chief Land Registrar’s”.
In section 12 (office copies as evidence) for “any local land charges register” substitute “the local land charges register”.
In section 13 (protection of solicitors, trustees etc) for “a local land charges register” substitute “the local land charges register”.
Omit section 13A (specification of fees by registering authorities in England). In consequence of the amendment made by sub-paragraph (1), in Schedule 4 to the Constitutional Reform Act 2005 omit paragraph 83.
Section 14 (rules) is amended as follows. In subsection (1)— In subsection (2)— Sub-paragraphs (5) and (6) apply to the function of the Lord Chancellor under section 14(1) of the Local Land Charges Act 1975 as amended by this paragraph so far as it relates to the power to make rules for prescribing fees and the manner of payment of fees (“the new function”). The new function is to be treated as having been transferred to the Welsh Ministers by— in the same way as the equivalent function of the Lord Chancellor under that section as it had effect apart from this paragraph (“the old function”). A provision made by that Order or that Act in respect of the old function continues to apply to the new function.
In section 15(b) (expenses) for “a registering authority” substitute “the Chief Land Registrar”.
Section 16 (interpretation) is amended as follows. In subsection (1) omit the definitions of “the appropriate local land charges register” and “the registering authority”. In subsection (1A) for “otherwise than in documentary” substitute “in electronic”.
In section 19(4) (transitional provision) omit the words from “In so far as” to “so made, but”.
The Land Registration Act 2002 is amended as follows.
In section 100 (conduct of business) after subsection (2) insert—
In section 106(1) (incidental powers of registrar in relation to companies) after “Schedule 5,” insert “or under the Local Land Charges Act 1975,”.
In paragraph 4 of Schedule 7 (indemnity for members of the land registry in relation to functions relating to land registration) after “land registration” insert “or local land charges”.
Section 38
“the 2014 Regulations” means the Petroleum Licensing (Exploration and Production) (Landward Areas) Regulations 2014 (S.I. 2014/1686), as in force on the day on which subsections (1A) to (1C) come into force;
In this Schedule “right to buy regulations” means regulations under subsection (1) of section 38.
Right to buy regulations must make provision enabling the promoter of a qualifying facility to be identified in a case where the promoter is not, or is not expected to become, the facility operator. In this paragraph “promoter” means a person developing a qualifying facility.
Right to buy regulations must specify the kinds of stakes in qualifying facilities which may be bought through the right to buy. A stake may take any of the following forms— Right to buy regulations may make provision about the rights, obligations, powers and other terms attaching to a stake.
Right to buy regulations must require the offer to consist of stakes whose combined price is— the minimum amount described in the regulations. That minimum amount must be expressed as a percentage of the total capital costs of development of a qualifying facility. That percentage must not exceed 5%. The regulations may make provision about— The provision about calculation of the total capital costs may provide for the total— In this paragraph—
Right to buy regulations may make provision about the disposal of a stake in a qualifying facility after it has been bought through the right to buy (whether the disposal is by a person who bought the stake through the right to buy or by a person who has subsequently acquired it). The regulations may impose restrictions or prohibitions on the disposal of a stake. The regulations may impose duties to dispose of a stake in a case where the holder ceases to be— A restriction or prohibition may limit or prevent the disposal of a stake except to an individual or body who—
In this Schedule “information regulations” means regulations under subsection (3) of section 38.
Information regulations may make provision about the supply of information by, or to, individuals and groups who are entitled to exercise the right to buy.
Section 42
Section 1 (traffic regulation orders outside Greater London) is amended as follows. In subsection (3)— In subsection (3A)—
after “Secretary of State” insert “ , a strategic highways company ”;
after “he is” insert “ , it is ”.
In section 2 (what a traffic regulation order may provide), in subsection (5), after “local authority” insert “ , a strategic highways company ”.
In section 6 (orders similar to traffic regulation orders), in subsection (2)—
after “Secretary of State” insert “ or a strategic highways company ”;
after “his” insert “ or its ”.
Section 9 (experimental traffic orders) is amended as follows. In subsection (2)— In subsection (2A)—
In section 16A (prohibition or restriction on roads in connection with certain events), in subsection (6)—
after “Secretary of State” insert “ or a strategic highways company ”;
after “his” insert “ or its ”.
Section 16B (restrictions on orders under s16A) is amended as follows. In subsection (1)— In subsection (2), after “Secretary of State” insert “ or a strategic highways company ”. 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 ”. In subsection (6)—
In section 19 (regulation of use of highways by public service vehicles), in subsection (1), after “Greater London” insert “ or a strategic highways company ”.
Section 23 (powers of local authorities with respect to pedestrian crossings on roads other than trunk roads) is amended as follows. In subsections (1) to (3), before “local traffic authority” insert “ strategic highways company or a ”. For the heading substitute “ Powers of strategic highways companies and local traffic authorities with respect to pedestrian crossings ”.
In section 24 (pedestrian crossings on trunk roads), in the heading, for “trunk” substitute “ other ”.
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 ”.
In section 58 (consents for the purposes of s 57(1)), in paragraph (i) of the table in subsection (1)—
in the first column, after “Secretary of State” insert “ or a strategic highways company ”;
in the second column, after “Secretary of State” insert “ or the strategic highways company, whichever is the traffic authority for the road ”.
Section 65 (powers and duties of highway authorities as to placing of traffic signs) is amended as follows. In subsection (2), after “directions to” insert “ a strategic highways company or ”. In the heading, for “highway” substitute “ traffic ”.
In section 69 (general provisions as to removal of signs), in subsection (3)—
after “directions to” insert “ a strategic highways company or ”;
for “the authority” substitute “ it or them ”.
Section 70 (default powers of Secretary of State as to traffic signs) is amended as follows. In subsection (1)— After subsection (2) insert—
In section 71 (power to enter land in connection with traffic signs), in subsection (1), after “A” insert “ strategic highways company, a ”.
Section 74B (transfer of traffic control systems between Secretary of State and Transport for London) is amended as follows. In subsections (1) and (2)— In subsection (5), after “Secretary of State” insert “ or the strategic highways company ”. In the heading, after “Secretary of State” insert “ or a strategic highways company ”.
after the first “Secretary of State” insert “ or a strategic highways company ”;
after the second “Secretary of State” insert “ or the company ”.
In section 83 (provisions as to directions under s 82(2)), in subsection (2)—
after the first “by” insert “ a strategic highways company or ”;
after the third “by” insert “ the company or ”.
In section 84 (speed limits on roads other than restricted roads), in subsection (1B), after “orders of” insert “ strategic highways companies or ”.
Section 85 (traffic signs for indicating speed restrictions) is amended as follows. In subsections (2) and (3), omit “local”, wherever occurring. After subsection (3) insert—
Section 93 (powers of Secretary of State in relation to functions under s 92) is amended as follows. In subsection (2), for “a local” substitute “ another ”. In subsection (3), omit “local”.
Section 94 (bollards and other constructions in Greater London) is amended as follows. In subsection (1)— In subsection (2), after “Secretary of State” insert “ nor a strategic highways company ”. In subsection (4)— In subsection (5)—
In section 100 (interim disposal of vehicles removed under section 99), in subsection (3A), after “Secretary of State” insert “ or a strategic highways company ”.
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 ”.
Section 102 (charges for removal, storage and disposal of vehicles) is amended as follows. In subsection (2ZA)— In subsection (4A)— In subsection (8), in paragraph (c) of the definition of “appropriate authority”, after “Secretary of State” insert “ or a strategic highways company ”.
Section 121A (traffic authorities) is amended as follows. After subsection (1AA) insert— In subsections (2), (3) and (5)(a), after “Secretary of State” insert “ or a strategic highways company ”.
Section 122 (exercise of functions by local authorities) is amended as follows. In subsection (1), after “every” insert “ strategic highways company and ”. In subsection (2)(d), after “appearing to” insert “ the strategic highways company or ”. In the heading, after “functions by” insert “ strategic highways companies or ”.
In section 124A (GLA side roads), in subsection (4), after “Secretary of State” insert “ or a strategic highways company ”.
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 ”.
“strategic highways company” means a company appointed under section 1 of the Infrastructure Act 2015;
Schedule 9 (special provision as to certain orders) is amended as follows. In paragraph 1, after “consultation with” insert “ a strategic highways company or ”. In paragraph 7, omit sub-paragraph (3). In paragraph 13— In paragraph 14— After paragraph 14 insert— In paragraph 15(1)— In paragraph 16(2), for “local” substitute “ traffic ”. In paragraph 20(1)— In paragraph 21, after “orders of” insert “ a strategic highways company or ”.
Community electricity right regulations may confer a function on—
the Secretary of State, or
any other person, apart from the Scottish Ministers or the Welsh Ministers.
The functions that may be imposed include—
a duty (including a restriction or prohibition);
a function involving the exercise of a discretion;
a requirement to consult;
a requirement to take account of guidance.
The provisions of section 38, Schedule 6 and this section which specify particular kinds of provision that may be made in community electricity right regulations do not limit the powers conferred by section 38 to make such regulations.
The duties under Schedule 6 to make particular provision in community electricity right regulations do not apply unless the Secretary of State decides to exercise the power conferred by section 38 to make such regulations.
Provision which commences community electricity right regulations may be framed so as to secure that the regulations do not apply to a renewable electricity generation facility if development of the facility has reached a stage of advancement specified in the commencement provision.
A reference in section 38 or Schedule 6 to buying a stake in a renewable electricity generation facility includes a reference to making a loan in relation to a renewable electricity generation facility.
The Secretary of State must carry out a review of section 38, Schedule 6 and the preceding provisions of this section as soon as reasonably practicable after the end of the period of 5 years beginning with the day on which they come into force.
After section 8 of the Commissioners for Revenue and Customs Act 2005 insert—
After section 9 of the Petroleum Act 1998 insert—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Secretary of State may, by regulations, provide for a levy to be imposed on, and be payable by, one or more of the following kinds of persons—
persons who hold licences under section 2 of the Petroleum (Production) Act 1934 or licences under section 3 of the Petroleum Act 1998 (exploitation of petroleum);
persons who hold licences under section 4 of the Energy Act 2008 (unloading and storing gas);
persons who hold licences under section 18 of the Energy Act 2008 granted by the Secretary of State (storage of carbon dioxide).
No licensing levy is to be imposed in respect of a time which falls after the end of the period of 3 years beginning with the first day of the first charging period.
The Secretary of State must exercise the power conferred by subsection (1) so as to secure—
that the total amount of licensing levy which is payable in respect of a charging period does not exceed the costs incurred by the Secretary of State in exercising the relevant functions in respect of that period; and
that no levy is payable in respect of costs incurred in any exercise of relevant functions for which a charge is payable under the Gas and Petroleum (Consents) Charges Regulations 2013 (as those Regulations stand when this section comes into force).
In determining for the purposes of subsection (3)(a) the total amount of licensing levy payable in respect of a charging period, an amount of levy payable in respect of that period may be ignored if (during that period or subsequently)—
having been paid, it is repaid or credit for it is given against other licensing levy that is payable; or
having not been paid, the requirement to pay it is cancelled.
The “relevant functions” referred to in subsection (3) are—
functions under the following enactments—
the Pipe-lines Act 1962 (cross-country pipe-lines);
section 3 and the other provisions of Part 1 of the Petroleum Act 1998 (exploitation of petroleum);
Part 1A of the Petroleum Act 1998 (maximising economic recovery of UK petroleum);
Part 3 of the Petroleum Act 1998 (submarine pipelines);
Part 4 of the Petroleum Act 1998, in so far as the functions concern reduction of the costs of abandonment of offshore installations and submarine pipelines;
section 4 and the other provisions of Chapter 2 of Part 1 of the Energy Act 2008 (importation and storage of combustible gas);
section 18 and the other provisions of Chapter 3 of Part 1 of the Energy Act 2008 (storage of carbon dioxide);
Chapter 3 of Part 2 of the Energy Act 2011 (upstream petroleum infrastructure);
carrying out policy work on matters relating to UK petroleum and its recovery;
providing advice and assistance to the petroleum industry on matters relating to UK petroleum and its recovery;
collaborating with the petroleum industry on matters relating to UK petroleum and its recovery;
acquiring, using and supplying information on matters relating to UK petroleum and its recovery;
encouraging development of the petroleum industry in relation to the recovery of UK petroleum;
carrying out, or providing advice and assistance to those carrying out, research and development in relation to technology and products relevant to the recovery of UK petroleum;
functions which relate to—
the security of petroleum supplies, or
the resilience of the petroleum industry;
international co-operation on matters relating to UK petroleum and its recovery, including—
resolution of disputes relating to the entitlements of different countries in relation to petroleum fields, and
openness and accountability in the management of natural resources.
The matters relating to UK petroleum and its recovery which fall within paragraphs (b), (c), (d) and (e) of subsection (5) include—
maximising the economic recovery of UK petroleum, and
improving the supply chain of UK petroleum.
The amount or amounts of licensing levy payable by licence holders must be—
set out in the regulations, or
calculated in accordance with a method set out in the regulations.
The licensing levy is payable to the Secretary of State.
Schedule 7 (the licensing levy) has effect.
Schedule 7 does not limit the provision that may be made by regulations under this section.
The Secretary of State may, by regulations, amend subsection (3)(b) by adding, removing or amending a reference to any regulations made under section 188 of the Energy Act 2004.
In this section and Schedule 7—
A person has the right to use deep-level land in any way for the purposes of exploiting petroleum or deep geothermal energy.
Land is subject to the right of use (whether for the purposes of exploiting petroleum or deep geothermal energy) only if it is—
deep-level land, and
within a landward area.
But that does not prevent deep-level land that is within a landward area from being used for the purposes of exploiting petroleum or deep geothermal energy outside a landward area.
Deep-level land is any land at a depth of at least 300 metres below surface level.
The ways in which the right of use may be exercised include—
drilling, boring, fracturing or otherwise altering deep-level land;
installing infrastructure in deep-level land;
keeping, using or removing any infrastructure installed in deep-level land;
passing any substance through, or putting any substance into, deep-level land or infrastructure installed in deep-level land;
keeping, using or removing any substance put into deep-level land or into infrastructure installed in deep-level land.
The purposes for which the right of use may be exercised include—
searching for petroleum or deep geothermal energy;
assessing the feasibility of exploiting petroleum or deep geothermal energy;
preparing for exploiting petroleum or deep geothermal energy;
decommissioning, and other activity which falls to be continued or undertaken, in consequence of activities undertaken for the purposes of exploiting petroleum or deep geothermal energy.
The right of use includes the right to leave deep-level land in a different condition from the condition it was in before an exercise of the right of use (including by leaving any infrastructure or substance in the land).
The right of use—
does not give a person (“R”) any power which is greater than, or different from, the power which R would have had if the right had been granted by a person legally entitled to grant it; and
does not relieve a person (“R”) from any obligation or liability to which R would have been subject if the right had been granted by a person legally entitled to grant it.
A person (“L”) who owns land (the “relevant land”) is not liable, as the owner of that land, in tort for any loss or damage which is attributable to the exercise, or proposed exercise, of the right of use by another person (whether in relation to the relevant land or any other land).
For that purpose, loss or damage is not attributable to the exercise, or proposed exercise, of the right of use (in particular) if, or to the extent that, the loss or damage is attributable to a deliberate omission by L.
There is a “deliberate omission by L” if L, as owner of the relevant land, decides— and the circumstances at the time of that decision were such that L would not have had to bear any of the costs incurred (whether by L or any other person) in doing or allowing the act.
not to do an act, or
not to allow another person to do an act,
Section 43 and this section bind the Crown.
The Secretary of State may, by regulations, require relevant energy undertakings to make payments in respect of the proposed exercise, or exercise, of—
Regulations under subsection (1) may require payments to be made—
to owners of relevant land or interests in relevant land;
to other persons for the benefit of areas in which relevant land is situated.
the right to use deep-level land in England for the purposes of exploiting petroleum, and
Regulations under subsection (1) may—
specify the amount or amounts of payments;
make provision for determining the amount or amounts of payments.
the right to use deep-level land for the purposes of exploiting deep geothermal energy.
Regulations under subsection (1) may require relevant energy undertakings to provide the Secretary of State, or any other specified person, with specified information about—
the proposed exercise, or exercise, of the right of use; to which the regulations relate
the making of payments in accordance with regulations under subsection (1).
The Welsh Ministers may, by regulations, require relevant energy undertakings to make payments in respect of the proposed exercise, or exercise, of the right to use deep-level land in Wales for the purposes of exploiting petroleum.
Before making any regulations under subsection (1), the Secretary of State must consult such persons as the Secretary of State considers appropriate.
Regulations under subsection (1A) may require relevant energy undertakings to provide the Welsh Ministers, or any other specified person, with specified information about—
the proposed exercise, or exercise, of the right of use to which the regulations relate;
the making of payments in accordance with regulations under subsection (1A).
Before making any regulations under subsection (1A), the Welsh Ministers must consult such persons as they consider appropriate.
The Secretary of State may, by regulations, require relevant energy undertakings to give notice of the proposed exercise, or exercise, of —
The regulations may require relevant energy undertakings—
to give notice—
to owners of relevant land or interests in relevant land;
to persons of other specified descriptions;
to display notice within the area in which relevant land is situated or elsewhere;
to publish notice (otherwise than by displaying the notice).
the right to use deep-level land in England for the purposes of exploiting petroleum, and
The regulations may make provision about the information which the notice is to contain, including provision about information relating to—
any payment scheme regulations which are in force;
the application of any payment scheme regulations to the proposed exercise, or exercise, of the right of use; to which the regulations relate
the method for obtaining a payment under any payment scheme regulations.
the right to use deep-level land for the purposes of exploiting deep geothermal energy.
The regulations may make provision about the manner in which notice is to be given, displayed or published, including provision requiring notice to be—
displayed at specified places or places of specified descriptions;
published in specified publications or publications of specified descriptions.
The Welsh Ministers may, by regulations, require relevant energy undertakings to give notice of the proposed exercise, or exercise, of the right to use deep-level land in Wales for the purposes of exploiting petroleum.
Regulations under subsection (1) may require relevant energy undertakings to provide the Secretary of State, or any other specified person, with specified information about—
the proposed exercise, or exercise, of the right of use to which the regulations relate;
the giving of notice in accordance with regulations under subsection (1).
Before making regulations under subsection (1), the Secretary of State must consult such persons as the Secretary of State considers appropriate.
In this section “payment scheme regulations” means regulations under section 45.
Regulations under subsection (1A) may require relevant energy undertakings to provide the Welsh Ministers, or any other specified person, with specified information about—
the proposed exercise, or exercise, of the right of use to which the regulations relate;
the giving of notice in accordance with regulations under subsection (1A).
Before making regulations under subsection (1A), the Welsh Ministers must consult such persons as they consider appropriate.
Regulations under section 45 or 46 may make provision about the enforcement of relevant requirements, including provision for the imposition of financial penalties in respect of breach of relevant requirements.
Regulations made by the Secretary of State under section 45 or 46 may confer a function on—
the Secretary of State, or
any other person, apart from the Welsh Ministers.
The functions that may be imposed include—
a duty (including a restriction or prohibition);
a function involving the exercise of a discretion;
a requirement to consult.
Regulations made by the Welsh Ministers under section 45 or 46 may confer a function on—
the Welsh Ministers, or
any other person apart from a Minister of the Crown (within the meaning of the Ministers of the Crown Act 1975).
The provisions of sections 45 and 46 and this section which specify particular kinds of provision that may be made in regulations under section 45 or 46 do not limit the powers conferred by that section to make such regulations.
The Secretary of State must carry out a review of the Secretary of State's powers under sections 45 and 46 and the preceding provisions of this section as soon as reasonably practicable after the end of the period of 5 years beginning with the day on which they come into force.
The Secretary of State must by regulations—
repeal section 45(1), and make any consequential amendments (including repeals) of the other provisions of this Act that the Secretary of State considers appropriate, if the relevant conditions are met in relation to the power under section 45(1);
repeal section 46(1), and make any consequential amendments (including repeals) of the other provisions of this Act that the Secretary of State considers appropriate, if the relevant conditions are met in relation to the power under section 46(1).
The relevant conditions are met in relation to the power under section 45(1) or the power under section 46(1) if—
that power is not exercised within the period of 7 years beginning with the day on which that section comes into force, and
the Secretary of State is satisfied that there is no convincing case for retaining that power.
For the purposes of deciding whether land is deep-level land—
the depth of a point in land below surface level is the distance between that point and the surface of the land vertically above that point; and
in determining what is the surface of the land, any building or other structure on the land, and any water covering the land, must be ignored.
In sections 43 to 47 and this section—
“former strategic highways company” means a company in respect of which such an appointment has terminated.
the Renewable Energy Zone (within the meaning of Chapter 2 of Part 2 of the Energy Act 2004), except for any part of that Zone which forms part of the territorial sea adjacent to Northern Ireland;
In Schedule 1 to the Public Records Act 1958, in the table at the end of paragraph 3, at the appropriate place in Part 2 insert “ A strategic highways company for the time being appointed under Part 1 of the Infrastructure Act 2015. ”
Section 22 of the Planning Act 2008 (highways) is amended as follows. In subsections (2)(b), (3)(b) and (5)(b), after “Secretary of State” insert “ or a strategic highways company ”. “strategic highways company” means a company for the time being appointed under Part 1 of the Infrastructure Act 2015.
A scheme may contain provision— A scheme may contain provision for the creation of rights and liabilities for the purpose of converting arrangements between different parts of a transferor’s undertaking which exist immediately before the coming into force of the scheme into a contract between— A scheme may contain provision— A scheme may contain provision for interests, rights or liabilities of third parties in relation to anything to which the scheme relates to be modified in the manner set out in the scheme. Paragraph 2(2) applies to the creation of interests and rights in accordance with a scheme as it applies to the transfer of interests and rights.
A scheme may make provision for some or all of the powers and duties to which this paragraph applies— The powers and duties to which this paragraph applies are the powers and duties conferred or imposed upon a transferor by or under an enactment so far as they relate to— This paragraph does not require a restrictive construction to be given to what may be transferred by virtue of paragraph 2(1)(e).
Where in accordance with a scheme a person employed by a transferor becomes an employee of a transferee— Where in accordance with a scheme a person employed by a transferor becomes an employee of a transferee, the scheme must provide for the transfer of all the rights and liabilities relating to the person’s contract of employment. Where a transfer scheme contains provision for the transfer of rights and liabilities relating to a person’s contract of employment but, before the transfer takes effect, the person informs the transferor or the transferee that the person objects to the transfer— Nothing in sub-paragraph (3) affects the person’s right to terminate the contract of employment if, apart from the change of employer, a substantial change is made to the person’s detriment in the person’s working conditions. No damages are payable by virtue of a constructive dismissal occurring under sub-paragraph (4) in respect of unpaid wages relating to a notice period which the employee has not worked. Where a transfer scheme contains provision for the transfer of rights and liabilities relating to a person’s contract of employment, it may include provision with respect to—
In this Schedule— In this Schedule, reference to employment includes reference to employment in the civil service of the State and, in respect of such employment— References in this Schedule—
In section 198(1) of the Law of Property Act 1925 (registration in local land charges register to be notice) for “any local land charges register” substitute “the local land charges register”.
The Land Powers (Defence) Act 1958 is amended as follows.
In section 52(9) of the Land Compensation Act 1973 (registration of advance payment of compensation in appropriate local land charges register) omit “appropriate”.
In section 2(4) of the Disused Burial Grounds (Amendment) Act 1981 (requirement to deposit copy of order of Secretary of State dispensing with requirements as to human remains with registering authority) for the words from “deposited with” to “1975)” substitute “sent to the Chief Land Registrar,”.
In Schedule 17 to the Local Government (Wales) Act 1994 (savings and transitional provision) omit paragraph 11 (local land charges registers).
Regulations may provide for different categories of licence holders to pay—
different amounts of licensing levy, or
amounts of licensing levy calculated, set or determined in different ways.
Regulations may confer a function (including a function involving the exercise of a discretion) on—
the Secretary of State, or
any other person, apart from the Scottish Ministers or the Welsh Ministers.
In section 12 (extension of provisions of Requisitioned Land and War Works Acts) in each of subsections (2) and (5) for “appropriate register of local land charges” substitute “local land charges register”.
In section 17 (registration of wayleave orders and restrictions under section 16)—
in subsections (2)(a), (2A) and (3)(b) omit “appropriate”,
in subsection (2A) for “authority keeping that register” substitute “Chief Land Registrar”, and
in subsection (3) for “a local land charges register” substitute “the local land charges register”.
The Transport Act 2000 is amended as follows.
In section 167 (trunk road charging schemes), in subsection (1)(a), after “he” insert “ or a strategic highways company ”.
In section 176 (equipment etc), after subsection (1) insert—
Section 177 (traffic signs) is amended as follows. After subsection (3) insert— In subsection (4), after “an authority” insert “ or a strategic highways company ”.
The Secretary of State may make regulations setting out the definition of “landward area” as it applies in relation to—
the right to use deep-level land in England for the purposes of exploiting petroleum, and
the right to use deep-level land for the purposes of exploiting deep geothermal energy.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Welsh Ministers may make regulations setting out the definition of “landward area” as it applies in relation to the right to use deep-level land in Wales for the purposes of exploiting petroleum within the Welsh onshore area.
Until regulations are made under subsection (1A) or (1B), “landward area” means those parts of the landward area, within the meaning of the 2014 Regulations, that are in England and Wales.
The Secretary of State must from time to time request the Committee on Climate Change to provide advice (in accordance with section 38 of the CCA 2008) on the impact which combustion of, and fugitive emissions from, petroleum got through onshore activity in England is likely to have on the Secretary of State's ability to meet the duties imposed by—
section 1 of the CCA 2008 (net UK carbon account target for 2050), and
section 4(1)(b) of the CCA 2008 (UK carbon account not to exceed carbon budget).
As soon as practicable after each reporting period, the Secretary of State must—
lay before Parliament a copy of advice received under subsection (1) during the reporting period, and
lay before Parliament a draft of regulations under subsection (3) or a report under subsection (5).
Regulations under this subsection are regulations providing for section 43 to cease to have effect in England to such extent as may be specified in the regulations.
No provision made in regulations under subsection (3) has effect in relation to anything done in exercise of the right of use conferred by section 43 before the date on which the regulations come into force.
A report under this subsection is a report explaining why a draft of regulations under subsection (3) has not been laid.
Regulations under this section may make such consequential amendments or repeals of sections 43 to 48 and this section as the Secretary of State considers appropriate.
In this section—
waters in or adjacent to Great Britain which are between the mean low water mark and the seaward limits of the territorial sea adjacent to Great Britain, but do not form part of that territorial sea,
In Part 3 of Schedule 1 to the Civil Contingencies Act 2004 (category 2 responders: transport), in paragraph 28—
the existing provision becomes sub-paragraph (1);
after sub-paragraph (1) insert—
The Secretary of State must provide a strategic highways company with proposals for a Road Investment Strategy. The proposals must include details of— The Secretary of State must—
Where the strategic highways company has made counter-proposals to the Secretary of State’s proposals under paragraph 3, or has failed to respond before the date specified, the Secretary of State may— The Secretary of State may only publish proposals under sub-paragraph (1)(b) if satisfied that appropriate consultation has taken place. Publication under sub-paragraph (1)(b) may be in such manner as the Secretary of State considers appropriate.
In this Schedule—
“reporting period” means—
After section 4 of the Petroleum Act 1998 insert—
Section 100 of the Energy Act 2008 (renewable heat incentives) is amended in accordance with subsections (2) to (4).
After subsection (1) insert—
In subsection (2)—
in paragraph (a), for the words before sub-paragraph (i) substitute—;
in paragraph (b), for “such payments” substitute “ RHI payments ”;
after paragraph (b) insert—;
in paragraph (c), for “such payments” substitute “ RHI payments ”;
for paragraph (d) substitute—;
in paragraph (e), omit “to the Secretary of State or the Authority”;
in paragraph (h), omit “for the Secretary of State or the Authority”;
omit paragraph (i);
at the end insert—
“other administration function” means a function relating to the administration of a scheme established under this section, other than a function conferred by regulations under subsection (2)(bb);
Section 105 of the Energy Act 2008 (Parliamentary control of subordinate legislation) is amended in accordance with subsections (6) to (8).
In subsection (2)—
in paragraph (a), omit sub-paragraph (vi);
after paragraph (aa) insert—.
In subsection (3), after “(2)(a)” insert “ , (ab) ”
After subsection (3) insert—
In section 105 of the Utilities Act 2000 (general restrictions on disclosure of information), in subsection (3)—
in paragraph (a), omit “or section 100”;
after paragraph (a) insert—.
The Electricity Act 1989 is amended in accordance with this section.
In section 19 (power to recover expenditure)—
omit subsections (2) and (3);
after subsection (3) insert—;
in subsection (4), after “this section” insert “ and Schedule 5B ”.
After Schedule 5A insert—
In section 16 (duty to connect on request), in subsection (4), after “23” insert “ and Schedule 5B ”.
In section 16A (procedure for requiring a connection), in subsection (5)(b)—
omit “or regulations under section 19(2)”;
after “19(2)” insert “ or regulations under Schedule 5B ”.
In section 23 (determination of disputes)—
after subsection (1) insert—;
after subsection (1C) insert—;
after subsection (2) insert—;
in subsection (4), after “(2)” insert “ , (2A) ”.
The Secretary of State may by regulations make consequential provision in connection with any provision made by or under this Part (other than section 40).
Regulations under this section may amend, repeal, revoke or otherwise modify the application of any enactment (but, in the case of an Act, only if the Act was passed before the end of the Session in which this Act is passed).
In this section “enactment” includes an enactment comprised in subordinate legislation within the meaning of the Interpretation Act 1978.
In the Public Bodies Act 2011, in Schedule 1 (power to abolish: bodies and offices), after “Plant Varieties and Seeds Tribunal.” insert— “ Public Works Loan Commissioners. ”
Regulations and orders made by the Secretary of State, the Treasury or the Welsh Ministers under this Act are to be made by statutory instrument.
A statutory instrument which contains an order under section 1— may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.
appointing a strategic highways company for an area other than the whole of England, and
which is the first exercise of the power in respect of such an area,
A statutory instrument which contains an order under section 1— is subject to annulment in pursuance of a resolution of either House of Parliament.
appointing a strategic highways company for an area other than the whole of England, and
which is a subsequent exercise of the power in respect of such an area,
A statutory instrument made by the Secretary of State containing (whether alone or with other provisions)— may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.
regulations under section 18,
regulations under section 38 ...,
regulations under section 45, 46, 47, 48 or 49, or
regulations under section 19(1)(a), 30 or 53 which amend, repeal or modify the application of an Act,
Subsection (4) does not apply to a statutory instrument containing only regulations under section 38(5)(b).
A statutory instrument— is subject to annulment in pursuance of a resolution of either House of Parliament.
which contains regulations under this Act other than under section 16 or 57, and
to which subsection (4) or (5A) does not apply,
A statutory instrument made by the Welsh Ministers containing regulations under section 45, 46 or 48 may not be made unless a draft of the instrument has been laid before and approved by a resolution of the National Assembly for Wales.
A statutory instrument which contains regulations under section 16 is subject to annulment in pursuance of a resolution of the House of Commons.
A power to make regulations under this Act may be used—
to make different provision for different purposes;
in relation to all or only some of the purposes for which it may be used.
Regulations under this Act may include incidental, supplementary, consequential, transitional, transitory or saving provision.
Subsections (8) and (9) do not apply to regulations under section 57.
Part 1 (strategic highways companies) extends to England and Wales only, save that—
sections 16 and 18 to 20 extend to England and Wales, Scotland and Northern Ireland, and
an amendment or repeal made by that Part, other than the amendment made by section 17(7), has the same extent as the provision to which it relates.
Part 2 (Cycling and Walking Investment Strategies) extends to England and Wales only.
In Part 3 (powers of British Transport Police Force)—
section 22(1) extends to England and Wales only, and
section 22(2) extends to England and Wales and Scotland.
Part 4 (environmental control of animal and plant species) extends to England and Wales only.
In Part 5 (planning, land and buildings)—
an amendment or repeal has the same extent as the provision to which it relates, and
sections 30(2) to (4), 32(11) and (12) and 33(2), Part 4 of Schedule 5 and section 34 so far as applying to that Part and section 37(6) extend to England and Wales only.
In Part 6 (energy)—
sections 38 and 39, sections 41 and 42, sections 51 to 53 and Schedules 6 and 7 extend to England and Wales and Scotland,
section 40 and section 49 extend to England and Wales, Scotland and Northern Ireland, and
sections 43 to 48 and section 50 extend to England and Wales only.
Part 7 (Public Works Loan Commissioners) extends to England and Wales, Scotland and Northern Ireland.
This Part extends to England and Wales, Scotland and Northern Ireland.
Part 1 (strategic highways companies) comes into force—
in so far as it confers power to make regulations, on the day on which this Act is passed, and
for all other purposes, on such day as the Secretary of State appoints by regulations.
Part 2 (Cycling and Walking Investment Strategies) comes into force on such day as the Secretary of State appoints by regulations.
Part 3 (powers of British Transport Police Force) comes into force at the end of the period of two months beginning with the day on which this Act is passed.
Part 4 (environmental control of animal and plant species)—
so far as it relates to England, comes into force on such day as the Secretary of State appoints by regulations, and
so far as it relates to Wales, comes into force on such day as the Welsh Ministers appoint by regulations.
In Part 5 (planning, land and buildings)—
sections 26, 27 and 37 come into force on such day as the Secretary of State appoints by regulations,
section 28 comes into force—
in so far as it confers power to make regulations, on the day on which this Act is passed, and
for all other purposes, on such day as the Secretary of State appoints by regulations,
sections 29 and 33 come into force on the day on which this Act is passed,
section 30 and Schedule 4 come into force—
in so far as they confer power to make provision by regulations or by development order within the meaning of the Town and Country Planning Act 1990, on the day on which this Act is passed, and
for all other purposes, on such day as the Secretary of State appoints by regulations, and
sections 31, 32, 34, 35 and 36 and Schedule 5 come into force at the end of the period of two months beginning with the day on which this Act is passed.
In the case of section 34 and Schedule 5, subsection (5) has effect subject to Part 4 of that Schedule.
In Part 6 (energy)—
sections 38 and 39 and Schedule 6 come into force on 1 June 2016,
section 40 and sections 43 to 49 come into force at the end of the period of two months beginning with the day on which this Act is passed,
sections 41 and 42, section 50, section 52 and Schedule 7 come into force on such day as the Secretary of State appoints by regulations, and
section 51 and section 53 come into force on the day on which this Act is passed.
Part 7 (Public Works Loan Commissioners) comes into force at the end of the period of two months beginning with the day on which this Act is passed.
This Part comes into force on the day on which this Act is passed.
Regulations under subsection (1)(b), (4), (5)(a), (b)(ii) or (d)(ii) or (7)(c) may appoint different days for different purposes or areas.
The Secretary of State may by regulations make transitional, transitory or saving provision in connection with the coming into force of any provision of this Act, other than Part 4 so far as it relates to Wales.
The Welsh Ministers may by regulations make transitional, transitory or saving provision in connection with the coming into force of Part 4 so far as it relates to Wales.
This Act may be cited as the Infrastructure Act 2015.