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

• Citation: S.I. 2015/377
• Sections: 62

Section 1 Citation, commencement, extent and application

(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.

Section 2 Interpretation

In these Regulations—

“the 1980 Act ” means the Highways Act 1980 ;

“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 Act ; and

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

Section 3 Consequential amendments

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

Section 4 Transitional provisions: general

(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 appointment .

Section 5 Transitional provision: highway litter clearance and cleaning

(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 1991 ;

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

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

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

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

Section 6 Transitional provision: orders and schemes

(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—

sections 14 , 16 , 18 , 106 or 108 of the 1980 Act,

Schedule 1 to the Acquisition of Land Act 1981 ,

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

Section 7 Saving

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

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

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

Section 2 Stopping Up of Highways (Concurrent Proceedings) Regulations 1948

(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 2015 .

Section 3

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

Section 4

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

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

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

Section 6 Stopping up of Accesses to Premises (Procedure) Regulations 1971

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 2015 .

Section 7

In regulation 2 (application of regulations)—

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

(b) after “that authority” insert “or company”.

Section 8

(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”.

Section 9

(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”.

Section 10

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”.

Section 11

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

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

(1) The Control of Road-Side Sales Orders (Procedure) Regulations 1978 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 2015 .

(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”.

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

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

Section 14 Secretary of State’s Traffic Orders (Procedure) (England and Wales) Regulations 1990

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 2015 .

Section 15

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

Section 16

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

Section 17

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”.

Section 18

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

Section 19

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”.

Section 20

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

Section 21

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)”.

Section 22

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

Section 23

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

(2) In paragraph (1) —

(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”.

Section 24

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”.

Section 25

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)”.

Section 26

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”.

Section 27

(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”.

Section 28

(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”.

Section 29

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)”.

Section 30

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”.

Section 31

(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”.

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

(1) The Special Road Schemes and Highways Orders (Procedure) Regulations 1993 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.

Section 33 Highways (Inquiries Procedure) Rules 1994

(1) The Highways (Inquiries Procedure) Rules 1994 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 2015 .

(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”.

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

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

(2) In paragraph N(3) 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 13 (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 2015 .

Section 35 Hedgerows Regulations 1997

(1) Regulation 6 (permitted work) of the Hedgerows Regulations 1997 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 2015 .

Section 36 Highways (Road Humps) Regulations 1999

(1) Regulation 3 (consultation about road hump proposals) of the Highways (Road Humps) Regulations 1999 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 2015 .

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

(1) The table in Schedule 6 to the Transport and Works (Applications and Objections Procedure) (England and Wales) Rules 2006 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”.

Section 38 Environmental Noise (England) Regulations 2006

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

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

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

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

(1) The Removal and Disposal of Vehicles (Traffic Officers) (England) Regulations 2008 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 2015 ;

(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”.

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

(1) The Street Works (Charges for Unreasonably Prolonged Occupation of the Highway) (England) Regulations 2009 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 2015 .

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

(1) The table in Schedule 1 to the Infrastructure Planning (Applications: Prescribed Forms and Procedure) Regulations 2009 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—

Section 43 Infrastructure Planning (Interested Parties) Regulations 2010

(1) The table in the Schedule (table of statutory parties to the examination of an application) to the Infrastructure Planning (Interested Parties) Regulations 2010 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—