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Section 107ZA Designation of key route network roadsF1

(F21)

A combined authority has the power to—

(a)

designate a highway or proposed highway in its area as a key route network road, or

(b)

remove its designation as a key route network road.

(1A)

In the case of a mayoral combined authority—

(a)

that power is a power of the combined authority exercisable only by the mayor on behalf of the combined authority;

(b)

the mayor may not designate a highway or proposed highway unless—

(i)

the mayor has prepared a proposal to designate it (a “proposed designation”), and

(ii)

the combined authority has passed a resolution approving the proposed designation;

(c)

if there is no highway or proposed highway in the combined authority’s area that is designated as a key route network road, the mayor must prepare a proposed designation in relation to at least one highway or proposed highway.

(1B)

In the case of a non-mayoral combined authority, the combined authority may only exercise that power with the consent of each constituent council in whose area the highway or proposed highway is.

(2)

The Secretary of State may designate a highway or proposed highway in the area of a combined authority as a key route network road, or remove its designation as a key route network road, if requested to do so by—

(F3d)

the mayor of a combined authority, in the case of a mayoral combined authority;

(e)

the combined authority or a constituent council, in the case of a non-mayoral combined authority.

(3)

A designation or removal under this section must be in writing and must state when it comes into effect.

(4)

The Secretary of State must send a copy of a designation or removal under subsection (2) to the combined authority in question at least 7 days before the date on which it comes into effect.

(F45)

A combined authority must maintain, and publish on its website, a record of the roads in its area which are key route network roads.

(6)

A combined authority that has key route network roads in its area must keep a list or map (or both) accessible to the public showing those roads.

(7)

F5The requirements in section 104(10) and section 107D(9)(a) do not apply to provision under section 104(1)(d) and section 107D(1) contained in the same instrument so far as that provision—

(a)

confers a power of direction on an existing mayoral combined authority regarding the exercise of an eligible power in respect of key route network roads in the area of that combined authority,

(b)

provides for that power of direction to be exercisable only by the mayor of the combined authority, and

(c)

is made with the consent of the mayor after the mayor has consulted the constituent councils.

(8)

When a mayor consents under subsection (7)(c), the mayor must give the Secretary of State—

(a)

a statement by the mayor that all of the constituent councils agree to the making of the order, or

(b)

if the mayor is unable to make that statement, the reasons why the mayor considers the order should be made even though not all of the constituent councils agree to it being made.

(9)

In this section—

  • F6“constituent council” has the meaning given in section 104(11);

  • “eligible power” has the meaning given by section 88(2) of the Local Transport Act 2008;

  • “key route network road” means a highway or proposed highway designated for the time being under this section as a key route network road;

  • “proposed highway” means land on which, in accordance with plans made by a highway authority, that authority are for the time being constructing or intending to construct a highway shown in the plans.

Annotations

Textual amendments

F1

S. 107ZA and cross-heading inserted (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), ss. 63(4), 255(2)(h) (with s. 247)

F2

S. 107ZA(1)-(1B) substituted for s. 107ZA(1) (29.4.2026) by English Devolution and Community Empowerment Act 2026 (c. 23), s. 108(1)(3), Sch. 11 para. 2(2) (with s. 102)

F3

S. 107ZA(2)(d)(e) substituted for s. 107ZA(2)(a)-(c) (29.4.2026) by English Devolution and Community Empowerment Act 2026 (c. 23), s. 108(1)(3), Sch. 11 para. 2(3) (with s. 102)

F4

S. 107ZA(5) substituted (29.4.2026) by English Devolution and Community Empowerment Act 2026 (c. 23), s. 108(1)(3), Sch. 11 para. 2(4) (with s. 102)

F5

S. 107ZA(7)(8) omitted (29.4.2026 except so far as it relates to Sch. 1 paras. 18, 39) by virtue of English Devolution and Community Empowerment Act 2026 (c. 23), s. 108(1)(3), Sch. 1 para. 10(a), Sch. 11 para. 6(1)(a) (with s. 102)

F6

Words in s. 107ZA(9) omitted (29.4.2026 except so far as it relates to Sch. 1 paras. 18, 39) by virtue of English Devolution and Community Empowerment Act 2026 (c. 23), s. 108(1)(3), Sch. 1 para. 10(b), Sch. 11 para. 6(1)(b) (with s. 102)

Notes on Chapter 2

Textual amendments

F1

Pt. 6 Ch. 2 heading inserted (29.4.2026) by English Devolution and Community Empowerment Act 2026 (c. 23), ss. 15(2)(b), 108(1)(3) (with s. 102)