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The Infrastructure Act 2015 (Strategic Highways Companies) (Consequential, Transitional and Savings Provisions) Regulations 2015

S.I. 2015/377 · Made 2 March 2015 · Extends to England and Wales

Up to date with all changes known to legislation.gov.uk, revised to 12 July 2023.

Highways

Made 2nd March 2015

Laid before Parliament 5th March 2015

Coming into force 1st April 2015

The Secretary of State makes the following Regulations in exercise of the powers conferred by section 19 of the Infrastructure Act 2015f1:

Annotations to the whole text

Footnotes

f1

2015 c.7.

Contents

  1. 1Citation, commencement, extent and application
  2. 2Interpretation
  3. 3Consequential amendments
  4. 4Transitional provisions: general
  5. 5Transitional provision: highway litter clearance and cleaning
  6. 6Transitional provision: orders and schemes
  7. 7Saving
  8. Signature
  9. Schedule: Consequential amendments
  10. 1Stopping Up of Highways (Concurrent Proceedings) Regulations 1948
  11. 2Paragraph 2
  12. 3Paragraph 3
  13. 4Paragraph 4
  14. 5Stopping up of Accesses to Premises (Procedure) Regulations 1971
  15. 6Paragraph 6
  16. 7Paragraph 7
  17. 8Paragraph 8
  18. 9Paragraph 9
  19. 10Paragraph 10
  20. 11Paragraph 11
  21. 12Control of Road-Side Sales Orders (Procedure) Regulations 1978
  22. 13Secretary of State’s Traffic Orders (Procedure) (England and Wales) Regulations 1990
  23. 14Paragraph 14
  24. 15Paragraph 15
  25. 16Paragraph 16
  26. 17Paragraph 17
  27. 18Paragraph 18
  28. 19Paragraph 19
  29. 20Paragraph 20
  30. 21Paragraph 21
  31. 22Paragraph 22
  32. 23Paragraph 23
  33. 24Paragraph 24
  34. 25Paragraph 25
  35. 26Paragraph 26
  36. 27Paragraph 27
  37. 28Paragraph 28
  38. 29Paragraph 29
  39. 30Paragraph 30
  40. 31Paragraph 31
  41. 32Special Road Schemes and Highways Orders (Procedure) Regulations 1993
  42. 33Highways (Inquiries Procedure) Rules 1994
  43. 34Town and Country Planning (General Permitted Development) Order 1995
  44. 35Hedgerows Regulations 1997
  45. 36Highways (Road Humps) Regulations 1999
  46. 37Transport and Works (Applications and Objections Procedure) (England and Wales) Rules 2006
  47. 38Environmental Noise (England) Regulations 2006
  48. 39Town and Country Planning (Control of Advertisements) (England) Regulations 2007
  49. 40Removal and Disposal of Vehicles (Traffic Officers) (England) Regulations 2008
  50. 41Street Works (Charges for Unreasonably Prolonged Occupation of the Highway) (England) Regulations 2009
  51. 42Infrastructure Planning (Applications: Prescribed Forms and Procedure) Regulations 2009
  52. 43Infrastructure Planning (Interested Parties) Regulations 2010
  53. 44Infrastructure Planning (Compulsory Acquisition) Regulations 2010
  54. 45Conservation of Habitats and Species Regulations 2010 Repealed
  55. 46Community Infrastructure Levy Regulations 2010
  56. 47Town and Country Planning (Development Management Procedure) (England) Order 2010 Repealed
  57. 48Paragraph 48 Repealed
  58. 49Paragraph 49 Repealed
  59. 50Paragraph 50 Repealed
  60. 51Paragraph 51 Repealed
  61. 52Infrastructure Planning (Changes to, and Revocation of, Development Consent Orders) Regulations 2011
  62. 53Neighbourhood Planning (General) Regulations 2012
  63. 54Town and Country Planning (Local Planning) (England) Regulations 2012
  64. 55Street Works (Charges for Occupation of the Highway) (England) Regulations 2012
  65. Explanatory note

1Citation, commencement, extent and applicationI1

(1)

These Regulations may be cited as the Infrastructure Act 2015 (Strategic Highways Companies) (Consequential, Transitional and Savings Provisions) Regulations 2015.

(2)

These Regulations come into force on 1st April 2015.

(3)

An amendment or revocation made by these Regulations has the same extent and application as the provision to which it relates.

2InterpretationI1

In these Regulations—

  • “the 1980 Act” means the Highways Act 1980f1;

  • “the 2015 Act” means the Infrastructure Act 2015;

  • “the appointment” means the appointment of the company as a strategic highways company under Part 1 of the 2015 Actf2; and

  • “the company” means F1National Highways Limited, a company limited by shares and incorporated in England and Wales under company number 9346363.

3Consequential amendmentsI1

The enactments specified in the Schedule are amended in accordance with the Schedule.

4Transitional provisions: generalI1

(1)

The appointment does not affect the validity of anything done (or having effect as if done) by or in relation to the Secretary of State before the appointment.

(2)

Anything (including the conduct of legal proceedings) which, immediately before the appointment, is in the process of being done by or in relation to the Secretary of State may, so far as it relates to a transferred function, be continued by or in relation to the company.

(3)

Anything done (or having effect as if done) by or in relation to the Secretary of State for the purposes of or in connection with a transferred function has effect, so far as necessary for continuing its effect after the appointment, as if done by or in relation to the company.

(4)

Any enactment, instrument or other document passed or made before the appointment has effect, so far as necessary for the purposes of or in consequence of paragraph (2) or (3), as if references to the Secretary of State (and references which are to be read as references to the Secretary of State) were references to the company.

(5)

The references in paragraphs (2) and (3) to things done include references to things omitted to be done.

(6)

Paragraphs (2) to (4) are subject to any matter dealt with by a transfer scheme made under section 15 of the 2015 Act.

(7)

This regulation is subject to regulations 5 and 6.

(8)

In this regulation “transferred function” means a function transferred from the Secretary of State to the company as a result of the appointmentf1.

5Transitional provision: highway litter clearance and cleaningI1

(1)

The functions transferred to the Secretary of State under the orders mentioned in paragraph (2) are transferred to the company.

(2)

The orders referred to in paragraph (1) are—

(a)

the Highway Litter Clearance and Cleaning (Transfer of Duties) Order 1991f1;

(b)

the Highway Litter Clearance and Cleaning (Transfer of Responsibility) Order 1997f2;

(c)

the Highway Litter Clearance and Cleaning (Transfer of Responsibility) Order 1998f3;

(d)

the Highway Litter Clearance and Cleaning (Transfer of Responsibility) (A13 Trunk Road) Order 2000f4; and

(e)

the Highway Litter Clearance and Cleaning (Transfer of Responsibility) (England) Order 2009f5.

6Transitional provision: orders and schemesI1

(1)

This regulation applies where—

(a)

the Secretary of State has prepared a draft of a relevant instrument for the purpose of the enactment in question but, at the time of the appointment, has not made the instrument; and

(b)

the instrument relates to, or makes provision in connection with, a transferred highway.

(2)

The Secretary of State may make the instrument notwithstanding that the Secretary of State is not (or will not be) the highway authority for the highway.

(3)

Accordingly, the procedures that apply in relation to, or in connection with, the making of the instrument (including any applicable rules regulating the procedure to be followed at a local inquiry) are those that apply in relation to, or in connection with, the making of that instrument by the Secretary of State.

(4)

Where the instrument is an order under section 106(1) of the 1980 Act, the instrument once made is deemed to be a scheme made by the company and confirmed by the Secretary of State under section 106(3) of the 1980 Act.

(5)

In all other cases the instrument, once made, is deemed to have been made by the company and confirmed by the Secretary of State.

(6)

The instrument has effect, so far as necessary for the purposes of paragraph (4) or (5), as if references to the Secretary of State (and references which are to be read as references to the Secretary of State) were references to the company.

(7)

In this regulation—

  • “relevant instrument” means an order or scheme made under any of the following enactments—

    1. (a)

      sections 14f1, 16f2, 18f3, 106f4 or 108f5 of the 1980 Act,

    2. (b)

      Schedule 1 to the Acquisition of Land Act 1981f6,

    3. (c)

      the Stopping up of Accesses to Premises (Procedure) Regulations 1971f7; and

  • “transferred highway” means a highway for which the company is the highway authority (or a proposed highway for which the company will be the highway authority), whether as a result of the appointment or otherwise.

7SavingI1

The revocation of article 26 of the Town and Country Planning (Development Management Procedure) (England) Order 2010f1 does not affect the operation of that article in relation to any application for planning permission notified to the Secretary of Statef2 before the appointment.

Signature

Signed by authority of the Secretary of State for Transport

John Hayes

Minister of State

Department for Transport

2nd March 2015

1Stopping Up of Highways (Concurrent Proceedings) Regulations 1948I1

The Stopping Up of Highways (Concurrent Proceedings) Regulations 1948f1 are amended as follows.

2I1

(1)

Regulation 1 is amended as follows.

(2)

The existing provision becomes paragraph (1) of regulation 1.

(3)

After paragraph (1) insert—

“(2)

In these Regulations “strategic highways company” means a company for the time being appointed under Part 1 of the Infrastructure Act 2015f1.”.

3I1

In regulation 3 after “Minister” insert “, a strategic highways company”.

4I1

In regulation 4 after “Minister” insert “, the strategic highways company”.

5Stopping up of Accesses to Premises (Procedure) Regulations 1971I1

The Stopping up of Accesses to Premises (Procedure) Regulations 1971 are amended as follows.

6I1

In regulation 1(2) (interpretation), at the appropriate place, insert—

  • ““strategic highways company” means a company for the time being appointed under Part 1 of the Infrastructure Act 2015f1.”.

7I1

In regulation 2 (application of regulations)—

(a)

after “local highway authority” insert “or a strategic highways company”;

(b)

after “that authority” insert “or company”.

8I1

(1)

Regulation 3 (publication and contents of notice) is amended as follows.

(2)

In the words before sub-paragraph (a)—

(a)

after the first “local highway authority” insert “or a strategic highways company”;

(b)

after the second “local highway authority” insert “or the strategic highways company”.

(3)

In subparagraph (a) after “local highway authority” insert “or the strategic highways company”.

(4)

In sub-paragraph (c)—

(a)

after “local highway authority” insert “or a strategic highways company”;

(b)

after “that authority” insert “or company”.

9I1

(1)

Regulation 6 (submission of local highway authority’s order for confirmation) is amended as follows.

(2)

In paragraph (1)—

(a)

after the first “local highway authority” insert “or a strategic highways company”;

(b)

after “that authority” insert “or company”;

(c)

after the second “local highway authority” insert “or the strategic highways company (as the case may be)”;

(d)

in sub-paragraph (b)—

(i)

after “the authority” insert “or the company”;

(ii)

after “them” insert “or it”;

(e)

in sub-paragraph (c)—

(i)

after “the authority” insert “or the company”;

(ii)

after “the authority’s” insert “or the company’s”;

(f)

after the final “by them” insert “or it”.

(3)

In paragraph (2)—

(a)

after “local highway authority” insert “or a strategic highways company”;

(b)

after “the authority”, wherever occurring, insert “or the company”;

(c)

after “they” insert “or it (as the case may be)”;

(d)

for “their” substitute “the”.

(4)

In the heading omit “local highway authority’s”.

10I1

In regulation 7 (consideration of objections by Secretary of State)—

(a)

after “local highway authority”, wherever occurring, insert “or a strategic highways company”;

(b)

after “that authority”, wherever occurring, insert “or company”.

11I1

In regulation 9 (service of notice of making by Secretary of State or confirmation of order) after “Secretary of State” insert “, strategic highways company”.

12Control of Road-Side Sales Orders (Procedure) Regulations 1978I1

(1)

The Control of Road-Side Sales Orders (Procedure) Regulations 1978f1 are amended as follows.

(2)

In regulation 2(1) (interpretation), at the appropriate place, insert—

  • ““strategic highways company” means a company for the time being appointed under Part 1 of the Infrastructure Act 2015f2.”.

(3)

In regulation 4(1)(a) (consultation) after “the Secretary of State” insert “or a strategic highways company”.

(4)

In regulation 7(2) (public inquiries) after “local highway authority” insert “or a strategic highways company”.

(5)

In regulation 14 (making the order)—

(a)

after “local highway authority” insert “or a strategic highways company”;

(b)

for “that authority’s seal” substitute “that authority’s or the company’s seal (as the case may be)”;

(c)

after “that authority” insert “or the company”.

13Secretary of State’s Traffic Orders (Procedure) (England and Wales) Regulations 1990I1

The Secretary of State’s Traffic Orders (Procedure) (England and Wales) Regulations 1990f1 are amended as follows.

14I1

In regulation 2(1) (interpretation), at the appropriate place, insert—

  • ““strategic highways company” means a company for the time being appointed under Part 1 of the Infrastructure Act 2015f1.”.

15I1

In regulation 3(b) (application of regulations) after “Secretary of State” insert “or a strategic highways company”.

16I1

In regulation 5(1) (consultation) after “Secretary of State” insert “or the strategic highways company (as the case may be)”.

17I1

In regulation 6(1) (publication of proposals)—

(a)

after the first “Secretary of State” insert “or the strategic highways company (as the case may be)”;

(b)

after the second “Secretary of State” insert “or the strategic highways company”.

18I1

In regulation 7(2) (objections) after “Secretary of State” insert “or the strategic highways company”.

19I1

In regulation 8 (notice of public inquiry)—

(a)

in paragraph (1) after “Secretary of State” insert “or a strategic highways company”;

(b)

in paragraphs (2), (4) and (5) after “Secretary of State” insert “or the strategic highways company”.

20I1

In regulation 10 (consideration of objections) after “Secretary of State” insert “or the strategic highways company (as the case may be)”.

21I1

In regulation 11 (modifications)—

(a)

after “Secretary of State”, wherever occurring, insert “or the strategic highways company”;

(b)

after “him”, wherever occurring, insert “or it”;

(c)

after “he” insert “or it (as the case may be)”.

22I1

In regulation 13 (commencement date of order) after “Secretary of State” insert “or the strategic highways company”.

23I1

(1)

Regulation 14 (notice of the making of the order) is amended as follows.

(2)

In paragraph (1)f1—

(a)

after “Secretary of State” insert “or the strategic highways company (whichever made the order)”;

(b)

after “the Secretary of State’s”, wherever occurring, insert “or the strategic highways company’s”;

(c)

after the second “his” insert “or its”.

(3)

In paragraph (3)—

(a)

after “Secretary of State” insert “or the strategic highways company”;

(b)

after the first and third occurrences of “his” insert “or its”.

24I1

In regulation (15)(1) (traffic signs)—

(a)

in the words before sub-paragraph (a), after “Secretary of State”, insert “or the strategic highways company (whichever made the order)”;

(b)

in sub-paragraph (a) after “Secretary of State” insert “or the strategic highways company (as the case may be)”;

(c)

in sub-paragraph (c) after “Secretary of State” insert “or the strategic highways company”.

25I1

In regulation 18 (special provisions for experimental traffic orders) after “the Secretary of State” insert “or the strategic highways company (as the case may be)”.

26I1

In regulation 19(3) (special provisions for orders giving permanent effect to experimental orders)—

(a)

in sub-paragraph (a) after “Secretary of State” insert “or the strategic highways company (whichever made the order)”;

(b)

in sub-paragraph (b) after “Secretary of State” insert “or the strategic highways company”.

27I1

(1)

Regulation 21 (making of orders in part) is amended as follows.

(2)

In paragraph (1)—

(a)

after “Secretary of State” insert “or a strategic highways company”;

(b)

after “he” insert “or it (as the case may be)”.

(3)

In paragraph (2)—

(a)

after “Secretary of State” insert “or a strategic highways company”;

(b)

after “he” insert “or it (as the case may be)”;

(c)

after “him” insert “or it”.

(4)

In paragraph (3)—

(a)

after “Secretary of State” insert “or a strategic highways company”;

(b)

after “he” insert “or it (as the case may be)”;

(c)

after “him” insert “or it”.

(5)

In paragraph (6) after “Secretary of State” insert “or the strategic highways company”.

28I1

(1)

Regulation 22 (revocation or revocation and re-enactment where due to exceptional circumstances notices of the making of orders are not published) is amended as follows.

(2)

In paragraph (2)—

(a)

in sub-paragraph (b)—

(i)

after “Secretary of State” insert “or the strategic highways company (whichever made the order)”;

(ii)

after “he”, wherever occurring, insert “or it”;

(b)

in sub-paragraph (c)—

(i)

after “Secretary of State” insert “or the strategic highways company”;

(ii)

after “he” insert “or it”;

(c)

in sub-paragraph (d) after “Secretary of State” insert “or a strategic highways company”;

(d)

in sub-paragraph (f) after “Secretary of State” insert “or a strategic highways company”.

(3)

In paragraph (3)—

(a)

after “Secretary of State” insert “or a strategic highways company”;

(b)

after “he”, wherever occurring, insert “or it”.

29I1

In regulation 23(2) (re-enactment of orders which in exceptional circumstances have been revoked before publication)—

(a)

in sub-paragraph (d) after “Secretary of State” insert “or a strategic highways company”;

(b)

in sub-paragraph (e) after “Secretary of State” insert “or the strategic highways company (as the case may be)”.

30I1

In paragraph 3 of Part II of Schedule 2 (other requirements as to the display of the notice)—

(a)

after “Secretary of State” insert “or the strategic highways company (as the case may be)”;

(b)

after “him” insert “or it”.

31I1

(1)

Paragraph 1 of Schedule 3 (requirements as to the availability of documents for inspection) is amended as follows.

(2)

In sub-paragraph (e) after “Secretary of State’s” insert “or the strategic highway company’s (as the case may be)”.

(3)

In sub-paragraph (f)—

(a)

after “Secretary of State’s” insert “or the strategic highway company’s (as the case may be)”;

(b)

after “he” insert “or it”.

32Special Road Schemes and Highways Orders (Procedure) Regulations 1993I1

(1)

The Special Road Schemes and Highways Orders (Procedure) Regulations 1993f1 are amended as follows.

(2)

In regulation 6 (local highway authority schemes and orders)—

(a)

omit “local”;

(b)

for the heading substitute “Schemes and Orders requiring confirmation”.

(3)

In the Schedule omit “local”, wherever occurring.

33Highways (Inquiries Procedure) Rules 1994I1

(1)

The Highways (Inquiries Procedure) Rules 1994f1 are amended as follows.

(2)

In rule 2 (interpretation)—

(a)

in the definition of “the promoting authority”—

(i)

in sub-paragraph (b)—

(aa)

after “a local highway authority” insert “or a strategic highways company”;

(bb)

for “that local highway authority” substitute “that authority or company”;

(ii)

in sub-paragraph (c) omit “local”;

(b)

at the appropriate place insert—

  • ““strategic highways company” means a company for the time being appointed under Part 1 of the Infrastructure Act 2015f2.”.

(3)

In rule 3 (application of rules) after “local highway authority”, wherever occurring, insert “or a strategic highways company”.

(4)

In the heading to Part III after “Local Highway Authorities” insert “or Strategic Highways Companies”.

(5)

In rule 26(5) (procedure after inquiry) after “local highway authority” insert “or a strategic highways company”.

(6)

In rule 27(1) (notification of decision) after “local highway authority” insert “or a strategic highways company”.

34Town and Country Planning (General Permitted Development) Order 1995I1

(1)

Schedule 2 to the Town and Country Planning (General Permitted Development) Order 1995f1 is amended as follows.

(2)

In paragraph N(3)f2 of Part 3 (procedure for applications for prior approval under Part 3), for paragraph (a) substitute—

“(a)

where the increase or change relates to traffic entering or leaving a trunk road, the highway authority for the trunk road;”.

(3)

For Class B of Part 13f3 (development by highway authorities) substitute—

“Class B

Permitted Development

B.

The carrying out by the Secretary of State or a strategic highways company of works in exercise of the functions of the Secretary of State or the company under the Highways Act 1980, or works in connection with, or incidental to, the exercise of those functions.

Interpretation of Class B

B.1.

For the purposes of Class B “strategic highways company” means a company for the time being appointed under Part 1 of the Infrastructure Act 2015f4.”.

35Hedgerows Regulations 1997I1

(1)

Regulation 6 (permitted work) of the Hedgerows Regulations 1997f1 is amended as follows.

(2)

In paragraph (1)(h)—

(a)

after “Secretary of State” insert “or a strategic highways company”;

(b)

after “his” insert “or its”;

(c)

after “he”, wherever occurring, insert “or it”;

(3)

After paragraph (3) insert—

“(4)

In paragraph (1)(h) “strategic highways company” means a company for the time being appointed under Part 1 of the Infrastructure Act 2015f2.”.

36Highways (Road Humps) Regulations 1999I1

(1)

Regulation 3 (consultation about road hump proposals) of the Highways (Road Humps) Regulations 1999f1 is amended as follows.

(2)

The existing provision becomes paragraph (1) of regulation 3.

(3)

In paragraph (1)—

(a)

after “Secretary of State” insert “, a strategic highways company”;

(b)

after “he” insert “, it”;

(c)

after “him” insert “, it”.

(4)

After paragraph (1) insert—

“(2)

In paragraph (1) “strategic highways company” means a company for the time being appointed under Part 1 of the Infrastructure Act 2015f2.”.

37Transport and Works (Applications and Objections Procedure) (England and Wales) Rules 2006I1

(1)

The table in Schedule 6 to the Transport and Works (Applications and Objections Procedure) (England and Wales) Rules 2006f1 is amended as follows.

(2)

In column 2 of row 6, for “the Secretary of State for Transport (marked “for the attention of the Highways Agency”)” substitute “the relevant highway authority”.

38Environmental Noise (England) Regulations 2006I1

In the definition of “trunk road” in regulation 2(2) (interpretation) of the Environmental Noise (England) Regulations 2006f1, after “the Secretary of State” insert “or a strategic highways company for the time being appointed under Part 1 of the Infrastructure Act 2015f2”.

39Town and Country Planning (Control of Advertisements) (England) Regulations 2007I1

In regulation 13(1)(c) (duty to consult) of the Town and Country Planning (Control of Advertisements) (England) Regulations 2007f1, for “Secretary of State for Transport” substitute “the highway authority for that trunk road”.

40Removal and Disposal of Vehicles (Traffic Officers) (England) Regulations 2008I1

(1)

The Removal and Disposal of Vehicles (Traffic Officers) (England) Regulations 2008f1 are amended as follows.

(2)

In regulation 2(1) (interpretation)—

(a)

in the definition of “relevant road”, after “Secretary of State” insert “or a strategic highways company”;

(b)

at the appropriate place insert—

  • ““strategic highways company” means a company for the time being appointed under Part 1 of the Infrastructure Act 2015f2;”.

(3)

In regulation 14 (steps to be taken to find the owners of certain vehicles)—

(a)

in paragraph (1) after “Secretary of State” insert “or a strategic highways company”;

(b)

in paragraph (3)—

(i)

after “Secretary of State” insert “or the strategic highways company”;

(ii)

after “he”, wherever occurring, insert “or it”;

(c)

in paragraph (4)—

(i)

after “Secretary of State” insert “or the strategic highways company”;

(ii)

for “also the Secretary of State for Transport” substitute “the person giving the information”;

(d)

in paragraph (5)—

(i)

after “Secretary of State” insert “or the strategic highways company”;

(ii)

for “also the Secretary of State for Transport” substitute “the person giving the information”;

(e)

in paragraph (6) after “Secretary of State” insert “or the strategic highways company”.

(4)

In regulation 15(1) (notice to owner requiring removal of vehicle)—

(a)

after the first “Secretary of State” insert “or a strategic highways company”;

(b)

after “Secretary of State’s” insert “or the strategic highways company’s”;

(c)

after the second “Secretary of State” insert “or the strategic highways company”.

(5)

In regulation 16 (period during which owner may remove vehicle before it can be disposed of) after “Secretary of State’s” insert “or the strategic highways company’s”.

(6)

In regulation 17 (information to be given relating to the disposal of a vehicle)—

(a)

in paragraph (1) after “Secretary of State” insert “or the strategic highways company”;

(b)

in paragraphs (2) and (3) for “is that Secretary of State” substitute “disposed of the vehicle”;

(c)

in paragraph (5) after “Secretary of State” insert “or the strategic highways company”.

(7)

In regulation 18 (period during which owner may remove vehicle before it is disposed of)—

(a)

after the first “Secretary of State” insert “or a strategic highways company”;

(b)

after “Secretary of State’s” insert “or the strategic highways company’s”;

(c)

after the second “Secretary of State” insert “or the strategic highways company”.

41Street Works (Charges for Unreasonably Prolonged Occupation of the Highway) (England) Regulations 2009I1

(1)

The Street Works (Charges for Unreasonably Prolonged Occupation of the Highway) (England) Regulations 2009f1 are amended as follows.

(2)

In regulation 3 (interpretation), in the definition of “Permit Authority” omit “local”.

(3)

Regulation 12 (application of charges and keeping of accounts) is amended as follows.

(a)

in paragraph (1)—

(i)

after “local highway authority” insert “and a strategic highways company”;

(ii)

after “they” insert “or it”;

(iii)

after “their” insert “or its”;

(b)

in paragraph (2) after “local highway authority” insert “and a strategic highways company”;

(c)

after paragraph (2) insert—

“(3)

In this regulation “strategic highways company” means a company for the time being appointed under Part 1 of the Infrastructure Act 2015f2.”.

42Infrastructure Planning (Applications: Prescribed Forms and Procedure) Regulations 2009I1

(1)

The table in Schedule 1 to the Infrastructure Planning (Applications: Prescribed Forms and Procedure) Regulations 2009f1 is amended as follows.

(2)

In column 1 of the entry relating to the Highways Agency, for “The Highways Agency” substitute “The Secretary of State for Transport”.

(3)

At the appropriate place insert the following entry—

“

The relevant strategic highways companyAll proposed applications likely to affect road or transport operation and/or planning on roads for which the strategic highways company is the highway authority.All applications likely to affect road or transport operation and/or planning on roads for which the strategic highways company is the highway authority.

”

43Infrastructure Planning (Interested Parties) Regulations 2010I1

(1)

The table in the Schedule (table of statutory parties to the examination of an application) to the Infrastructure Planning (Interested Parties) Regulations 2010f1 is amended as follows.

(2)

In column 1 of the entry relating to the Highways Agency, for “The Highways Agency” substitute “The Secretary of State for Transport”.

(3)

At the appropriate place insert the following entry—

“

The relevant strategic highways companyAll applications likely to affect road or transport operation and/or planning on roads for which the strategic highways company is the highway authority.

”

44Infrastructure Planning (Compulsory Acquisition) Regulations 2010I1

(1)

The table in Schedule 2 (table of persons to be notified of the proposed provision) to the Infrastructure Planning (Compulsory Acquisition) Regulations 2010f1 is amended as follows.

(2)

In column 1 of the entry relating to the Highways Agency, for “The Highways Agency” substitute “The Secretary of State for Transport”.

(3)

At the appropriate place insert the following entry—

“

The relevant strategic highways companyAll proposed provisions likely to affect road or transport operation and/or planning on roads for which the strategic highways company is the highway authority.

”

45Conservation of Habitats and Species Regulations 2010F1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

46Community Infrastructure Levy Regulations 2010I1

(1)

Regulation 123(2B) (further limitations on the use of planning obligations) of the Community Infrastructure Levy Regulations 2010f1 is amended as follows.

(2)

Omit the “or” at the end of sub-paragraph (a).

(3)

At the end of sub-paragraph (b) insert—

“; or

(c)

a strategic highways company for the time being appointed under Part 1 of the Infrastructure Act 2015f2”.

47Town and Country Planning (Development Management Procedure) (England) Order 2010F1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

48F1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

49F1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

50F1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

51F1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

52Infrastructure Planning (Changes to, and Revocation of, Development Consent Orders) Regulations 2011I1

(1)

The table in Schedule 1 (consultation and notification) to the Infrastructure Planning (Changes to, and Revocation of, Development Consent Orders) Regulations 2011f1 is amended as follows.

(2)

In column 1 of the entry relating to the Highways Agency, for “The Highways Agency” substitute “The Secretary of State for Transport”.

(3)

At the appropriate place insert the following entry—

“

The relevant strategic highways companyAll proposed applications likely to affect road or transport operation and/or planning on roads for which the strategic highways company is the highway authority.All applications likely to affect road or transport operation and/or planning on roads for which the strategic highways company is the highway authority.

”

53Neighbourhood Planning (General) Regulations 2012I1

(1)

Schedule 1 (consultation bodies) to the Neighbourhood Planning (General) Regulations 2012f1 is amended as follows.

(2)

In paragraph 1 for sub-paragraph (i) substitute—

“(i)

a strategic highways companyf2 any part of whose area is in or adjoins the neighbourhood area;

(ia)

where the Secretary of State is the highway authority for any road in the area of a local planning authority any part of whose area is in or adjoins the neighbourhood area, the Secretary of State for Transport;”.

(3)

In the table in paragraph 2(1) for paragraph (g) substitute—

“

(g)Development which consists of or includes the construction, formation or laying out of access to or from a trunk road.The highway authority for the trunk road.

”

54Town and Country Planning (Local Planning) (England) Regulations 2012I1

In regulation 2(1) (interpretation) of the Town and Country Planning (Local Planning) (England) Regulations 2012f1, in the definition of “specific consultation bodies” for sub-paragraph (g) substitute—

“(g)

a strategic highways company (for the time being appointed under Part 1 of the Infrastructure Act 2015) any part of whose area is in or adjoins the area of the local planning authority;

(ga)

where the Secretary of State is the highway authority for any highway in the area of the local planning authority, the Secretary of State for Transport;”.

55Street Works (Charges for Occupation of the Highway) (England) Regulations 2012I1

In regulation 2 (interpretation) of the Street Works (Charges for Occupation of the Highway) (England) Regulations 2012f1, in the definition of “Approved Authority” omit “local”.

Explanatory note

(This note is not part of these Regulations)

These Regulations make consequential amendments to existing subordinate legislation in consequence of the appointment of Highways England Company Limited as a strategic highways company under Part 1 of the Infrastructure Act 2015 (c. 7) (“the 2015 Act”). They also make transitional provision and savings in connection with the appointment.

Part 1 of the 2015 Act makes provision for the Secretary of State to appoint a strategic highways company to act as the highway authority in respect of the areas and highways specified in the appointment. The Appointment of a Strategic Highways Company Order 2015 (S.I. 2015/376) appoints Highways England Company Limited (“the company”) as a strategic highways company for the strategic road network in England.

Regulation 3 gives effect to the Schedule which amends subordinate legislation in consequence of the appointment. In general the effect of the amendments is to allow the company to exercise the functions and powers of a highway authority under various highways-related and other enactments.

Regulation 4 contains general transitional provisions, the main purpose of which is to ensure, as far as necessary, that anything done by the Secretary of State in relation to a function transferring to it as a result of the appointment is treated as done by the company, and to ensure that anything being done by the Secretary of State on 1st April 2015 in relation to such a function may be continued by the company.

The effect of regulation 5 is that from 1st April 2015, the company will be responsible for discharging the litter clearance and cleaning duties which previously were transferred to the Secretary of State under the orders mentioned in paragraph (2). These duties relate to highways for which the company will be the highway authority from 1st April 2015 in place of the Secretary of State.

Regulation 6 contains specific transitional provision in relation to certain draft instruments which have been prepared by the Secretary of State, but have not been made as at 1st April 2015.

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