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INFRASTRUCTURE ACT 2015

UK Public General Acts

Version 06/04/2017

2015 CHAPTER 7

Default Geographical Extent: E+W+S+N.I.


  • PART 1. Strategic highways companies
    • Appointment as highway authorities (E+W)
    • Functions (E+W)
    • Exercise of functions (E+W)
    • Oversight (E+W)
    • Transfers of property etc
    • Finance (E+W)
    • Supplemental and general
  • PART 2 (E+W). Cycling and Walking Investment Strategies
  • PART 3 (E+W+S). Powers of British Transport Police Force
  • PART 4 (E+W). Environmental control of animal and plant species
  • PART 5. Planning, land and buildings
    • Nationally significant infrastructure projects
    • Deemed discharge of planning conditions
    • Mayoral development orders
    • The Homes and Communities Agency and other bodies
    • Her Majesty's Land Registry
    • Off-site carbon abatement measures (P)
  • PART 6. Energy
    • The community electricity right (E+W+S)
    • The Extractive Industries Transparency Initiative
    • Recovery of UK petroleum (E+W+S)
    • Petroleum and geothermal energy in deep-level land (E+W)
    • Other provision about onshore petroleum
    • Renewable heat incentives (E+W+S)
    • Reimbursement of persons who have met expenses (E+W+S)
    • Consequential provision (E+W+S)
  • PART 7. Public Works Loan Commissioners
  • PART 8. General provisions
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  • Version 12/02/2015

Introductory Text

Infrastructure Act 2015

2015 CHAPTER 7

An Act to make provision for strategic highways companies and the funding of transport services by land; to make provision for the control of invasive non-native species; to make provision about nationally significant infrastructure projects; to make provision about town and country planning; to make provision about the Homes and Communities Agency and Mayoral development corporations; to make provision about the Greater London Authority so far as it exercises functions for the purposes of housing and regeneration; to make provision about Her Majesty's Land Registry and local land charges; to make provision to enable building regulations to provide for off-site carbon abatement measures; to make provision for giving members of communities the right to buy stakes in local renewable electricity generation facilities; to make provision about maximising economic recovery of petroleum in the United Kingdom; to provide for a levy to be charged on holders of certain energy licences; to enable Her Majesty's Revenue and Customs to exercise functions in connection with the Extractive Industries Transparency Initiative; to make provision about onshore petroleum and geothermal energy; to make provision about renewable heat incentives; to make provision about the reimbursement of persons who have paid for electricity connections; to make provision to enable the Public Works Loan Commissioners to be abolished; and for connected purposes.

[12th February 2015]

Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

PART 1
Strategic highways companies



Appointment as highway authorities (E+W)


1 Appointment of strategic highways companies (E+W)

(1) The Secretary of State may by order in accordance with this Part appoint one or more companies as a highway authority.

(2) A company may only be appointed under this section if it is—

(a) limited by shares, and
(b) wholly owned by the Secretary of State.
(3) 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.

(4) A company appointed under this section is called a “strategic highways company”.

(5) In this section, “company” means a company registered under the Companies Act 2006.

(6) Schedule 1 (which contains consequential and supplemental amendments) has effect.

Annotations:

Commencement Information

I1 S. 1 partly in force; s. 1 in force for specified purposes at Royal Assent, see s. 57(1)(a)

I2 S. 1 in force at 5.3.2015 by S.I. 2015/481, reg. 2(a)


2 Areas and highways in an appointment (E+W)

(1) The appointment of a strategic highways company must specify—

(a) an area, consisting of the whole or any part of England, in respect of which the company is appointed, and
(b) highways in that area for which the company is to be the highway authority.
(2) Highways may be specified under subsection (1) (b) by name or description.

(3) 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.

(4) 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.

(5) Where—

(a) the appointment of a strategic highways company is varied, and
(b) by virtue of that variation the company ceases to be the highway authority for one or more highways,
the Secretary of State becomes the highway authority for those highways (to the extent that he or she would not otherwise be so).
(6) 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.

(7) Subsections (5) and (6) are subject to the appointment of another strategic highways company.

Annotations:

Commencement Information

I3 S. 2 in force at 5.3.2015 by S.I. 2015/481, reg. 2(a)


Functions (E+W)


3 Road Investment Strategy (E+W)

(1) The Secretary of State may at any time—

(a) set a Road Investment Strategy for a strategic highways company, or
(b) vary a Strategy which has already been set.
(2) A Road Investment Strategy is to relate to such period as the Secretary of State considers appropriate.

(3) A Road Investment Strategy must specify—

(a) the objectives to be achieved by the company during the period to which it relates, and
(b) the financial resources to be provided by the Secretary of State for the purpose of achieving those objectives.
(4) The objectives to be achieved may include—

(a) activities to be performed;
(b) results to be achieved;
(c) standards to be met.
(5) In setting or varying a Road Investment Strategy, the Secretary of State must have regard, in particular, to the effect of the Strategy on—

(a) the environment, and
(b) the safety of users of highways.
(6) The Secretary of State and the company must comply with the Road Investment Strategy.

(7) If a strategic highways company does not have a Road Investment Strategy currently in place, the Secretary of State must—

(a) lay before Parliament a report explaining why a Strategy has not been set, and
(b) set a Road Investment Strategy as soon as may be reasonably practicable.
(8) Schedule 2 (which contains provision about the procedure for setting or varying a Road Investment Strategy) has effect.

Annotations:

Commencement Information

I4 S. 3 in force at 5.3.2015 by S.I. 2015/481, reg. 2(a)


4 Route strategies (E+W)

(1) 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”).

(2) A route strategy must relate to such period as the Secretary of State may direct.

(3) The strategic highways company must—

(a) comply with a direction given to it under subsection (1) , and
(b) publish the route strategy in such manner as the company considers appropriate.
(4) A direction under subsection (1) must be published by the Secretary of State in such manner as he or she considers appropriate.

Annotations:

Commencement Information

I5 S. 4 in force at 5.3.2015 by S.I. 2015/481, reg. 2(a)


Exercise of functions (E+W)


5 General duties (E+W)

(1) 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—

(a) highways, or
(b) planning.
(2) A strategic highways company must also, in exercising its functions, have regard to the effect of the exercise of those functions on—

(a) the environment, and
(b) the safety of users of highways.
Annotations:

Commencement Information

I6 S. 5 in force at 5.3.2015 by S.I. 2015/481, reg. 2(a)


6 Directions and guidance (E+W)

(1) 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.

(2) Directions under subsection (1) may provide, in particular, that a function is only to be exercised—

(a) after consultation with the Secretary of State, or
(b) with the consent of the Secretary of State.
(3) In exercising its functions, a strategic highways company must—

(a) comply with a direction, and
(b) have regard to guidance,
given to it under subsection (1).
(4) Directions and guidance under subsection (1) must be published by the Secretary of State in such manner as he or she considers appropriate.

Annotations:

Commencement Information

I7 S. 6 in force at 5.3.2015 by S.I. 2015/481, reg. 2(a)


7 Delegation of functions (E+W)

(1) 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.

(2) An authorisation may authorise the exercise of a function—

(a) wholly or to any other extent;
(b) generally or only in some cases or areas;
(c) unconditionally or subject to conditions.
(3) An authorisation—

(a) does not prevent the company or any other person from exercising the function to which the authorisation relates,
(b) may be for a period not exceeding ten years, and
(c) may be revoked at any time.
(4) The strategic highways company may—

(a) enter into a contract with an authorised person in connection with the exercise by that person of a function;
(b) make payments to an authorised person in that connection.
(5) 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).

(6) Regulations under this section may not prescribe a function if it is—

(a) a power of entry, or
(b) a power or duty to make subordinate legislation.
(7) 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—

(a) the authorisation is to have effect as if it had been given by the transferee company under this section, and
(b) if the function is not prescribed under subsection (1) , it is to be regarded as having been so prescribed.
(8) 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.

Annotations:

Commencement Information

I8 S. 7 partly in force; s. 7 in force for specified purposes at Royal Assent, see s. 57(1)(a)

I9 S. 7 in force at 5.3.2015 in so far as not already in force by S.I. 2015/481, reg. 2(a)


8 Exercise of delegated functions (E+W)

(1) A function to which an authorisation under section 7 relates may be exercised by—

(a) the authorised person, or
(b) an employee of that person.
(2) 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.

(3) Subsection (2) —

(a) does not affect the rights and liabilities of the strategic highways company and the authorised person as between one another,
(b) 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,
(c) does not prevent any civil proceedings which could otherwise be brought by or against the authorised person from being brought, and
(d) 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.
(4) 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).

(5) In this section—

(a) “employee”, in relation to a body corporate, includes a director or other officer of the body;
(b) references to anything done include anything omitted to be done;
(c) references to the exercise of a function include the purported exercise of a function.
Annotations:

Commencement Information

I10 S. 8 in force at 5.3.2015 by S.I. 2015/481, reg. 2(a)


Oversight (E+W)


9 Watchdog (E+W)

(1) 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.

(2) Those activities may include investigating, publishing reports or giving advice to the Secretary of State on—

(a) 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
(b) any other matters—
(i) relating to highways for which a strategic highways company is the highway authority, and
(ii) which the Council considers to be of interest to users of such highways.
(3) The Secretary of State may by regulations provide that those activities may not relate to a matter—

(a) to the extent specified;
(b) subject to compliance with specified conditions.
(4) The Secretary of State must consult the Council before making regulations under subsection (3).

(5) 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.

(6) 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.

(7) Those activities may include investigating, publishing reports or giving advice to the local highway authority on any matters—

(a) relating to highways for which the authority is the highway authority, and
(b) which the authority and the Council consider to be of interest to users of such highways.
(8) 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. ”

Annotations:

Commencement Information

I11 S. 9 partly in force; s. 9 in force for specified purposes at Royal Assent, see s. 57(1)(a)

I12 S. 9 in force at 5.3.2015 in so far as not already in force by S.I. 2015/481, reg. 2(a)