OpenLegislation

Paragraph 2 Approval of local highway authorities to make chargesI1I2

England and Wales

(1)

In section 74A (charge determined by reference to duration of works), in subsection (2), for the words from “unless” to the end substitute “unless it has been approved for the purposes of the regulations by an order made by the appropriate person (see section 74B(2) to (6)).”

(2)

In section 74B (regulations under section 74 and 74A)—

(a)

for the heading substitute “Regulations under section 74 and regulations and orders under section 74B”;

(b)

the existing text of the section becomes subsection (1);

(c)

after that subsection insert—

“(2)

The Secretary of State is the “appropriate person” in relation to an approval order which approves—

(a)

a strategic highways company, or

(b)

a local highway authority, unless a mayor is the appropriate person in relation to the order under any of subsections (3) to (5).

(3)

The Mayor of London is the “appropriate person” in relation to an approval order which approves—

(a)

Transport for London, or

(b)

a local highway authority whose area is within Greater London.

(4)

The mayor for the area of a mayoral combined authority is the “appropriate person” in relation to an approval order which approves a local highway authority whose area is within, or the same as, the area of the combined authority (including the combined authority).

(5)

The mayor for the area of mayoral CCA is the “appropriate person” in relation to an approval order which approves a local highway authority whose area is the same as, or is within, the area of the CCA (including the CCA).

(6)

But the mayor for the area of a mayoral combined authority or a mayoral CCA is not the appropriate authority in relation to an approval order if the application for that approval order is made on or before the day on which the first mayor for that area takes office; and accordingly—

(a)

the Secretary of State is (by virtue of subsection (2)(b)) the appropriate authority in relation to that approval order (and continues to be the appropriate authority in relation to that approval order after the first mayor takes office);

(b)

the application for that approval order must be made to the Secretary of State.

(7)

The Secretary of State may issue guidance about the approval of local highway authorities by the Mayor of London and the mayors for the areas of mayoral combined and mayoral CCAs; and—

(a)

local highway authorities must have regard to the guidance when seeking approval from the mayors;

(b)

the mayors must have regard to the guidance when considering whether to approve local highway authorities.

(8)

An approval order made by the Secretary of State is to be made by statutory instrument.

(9)

If a mayor makes an approval order, the mayor must publish the order in the manner which the mayor thinks is appropriate.

The power of a mayor to make an approval order includes the power to revoke, amend or re-enact any approval order made by the mayor or a predecessor.

(10)

The validity of an approval order approving a local highway authority (the “relevant authority”) which has been made by the Secretary of State (whether before or after the 2026 Act commencement) is not affected by the transfer of the power to approve the relevant authority.

(11)

The Secretary of State has the power, exercisable by order made by statutory instrument, to revoke such an order or to revoke it to the extent that it relates to the relevant authority.

(12)

In this section—

  • “approval order” means an order under section 74A(2);

  • “mayoral CCA” has the same meaning as in the English Devolution and Community Empowerment Act 2026 (see section 101 of that Act);

  • “mayoral combined authority” has the same meaning as in the English Devolution and Community Empowerment Act 2026 (see section 101 of that Act);

  • “transfer of the power to approve” means the power to make an order approving a local highway authority becoming exercisable by a mayor by virtue of this section, whether—

    1. (a)

      on the 2026 Act commencement (in relation to the Mayor of London or a mayoral combined authority or mayoral CCA existing at that commencement), or

    2. (b)

      subsequently (in relation to a mayoral combined authority or mayoral CCA that is established, or that becomes a mayoral combined authority or mayoral CCA, after the 2026 Act commencement);

  • “2026 Act commencement” means the coming into force of paragraph 2 of Schedule 9 to the English Devolution and Community Empowerment Act 2026.”

Annotations

Commencement

I1

Sch. 9 para. 2 not in force at Royal Assent, see s. 108(2)(6)

I2

Sch. 9 para. 2 in force at 29.10.2026 by S.I. 2026/1127, reg. 2(c)