(1) Where a toll order is in force in relation to a road, no road or private means of access to land shall be so constructed as to afford access to the road except with the consent of the special road authority and, where an assignation has been granted under section 28(1), the concessionaire.
(2) Subsection (1) does not apply to the construction of a road or private means of access by or on behalf of a government department or Minister of the Crown which the department or Minister is satisfied is reasonably required for discharging any function of the department or Minister.
41 Report on toll roads and toll orders in Scotland.
(1) In any calendar year in which there occurs an event to which this section applies, the Secretary of State shall in respect of that year lay before Parliament a report informing Parliament of that occurrence or, as the case may be, the number of such occurrences.
(2) This section applies to the following events—
(a) the Secretary of State enters into a contract for the design and construction of a road which is to be subject to a toll order;
(b) there is opened to public use a new road subject to a toll order for which he is the roads authority;
(c) a toll order, or an order varying or revoking a toll order, is made or confirmed by him.
(3) A report under this section shall contain such information as appears to him to be appropriate with respect to the toll orders (whenever made) which are in force during that year or any part of it.
(4) A report under this section shall be laid on or before 31st July in the following calendar year.
42 Environmental assessment of projects involving special roads.
(1) In section 20A of the Roads (Scotland) Act 1984 (environmental assessment of certain road construction projects), after subsection (2) (cases in which environmental statement must be published) insert—
(2A) Any project for the construction of a special road which falls within Annex II to the Directive shall be treated as having such characteristics that it should be made subject to an environmental assessment in accordance with the Directive.
.
(2) In section 55A of that Act (environmental assessment of certain road improvement projects), in subsection (2) (cases in which environmental statement must be published) after the word “and” there shall be inserted the words “ either the project is in respect of a special road or the project ”.
(1) The following provisions have effect with respect to the operation of the Road Traffic Regulation Act 1984 (“the 1984 Act”) in relation to a road in respect of which an assignation has been granted under section 28(1).
(2) The traffic authority shall consult the concessionaire before making any regulations or order under the 1984 Act specifically relating to the road.
(3) The concessionaire may cause or permit traffic signs (within the meaning of section 64(1) of the 1984 Act) to be placed on or near the road, but subject to any directions given by the traffic authority.
If the concessionaire fails to comply with a direction of the traffic authority as to the placing of traffic signs, the authority may themselves carry out the work required and recover from the concessionaire the expenses reasonably incurred by them in doing so.
(4) The concessionaire may issue a notice under section 14 of the 1984 Act (temporary restriction or prohibition of traffic) having the same effect as a notice issued under that section by the traffic authority.
The Secretary of State may by regulations make provision excluding in relation to such a notice issued by a concessionaire the provisions of the 1984 Act relating to—
(a) the procedure in connection with the issue of the notice,
(b) the maximum duration of the notice, and
(c) the making of provision in relation to alternative roads,
and making instead such other provision as appears to him to be appropriate.
(5) A notice issued by the concessionaire by virtue of subsection (4) may be revoked or varied by the traffic authority and shall cease to have effect if provision inconsistent with it is made by that authority by order or notice under section 14 of the 1984 Act.
(6) Regulations under this section shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
In Part X of the Road Traffic Regulation Act 1984 (general and supplementary provisions), after section 122 insert—
Prospective exercise of powers.
122A (1) Any power under this Act to make an order or give a direction may be exercised before the road to which it relates is open for public use, so as to take effect immediately on the road’s becoming open for public use.
(2) The procedure for making an order or giving a direction applies in such a case with such modifications as may be prescribed.
.
45 Classification of traffic for purposes of special roads.
In section 8 of the Roads (Scotland) Act 1984 (classification of traffic for purposes of special roads), in subsection (3) there shall be omitted the words from “and where” to the end (which relate to the effect of a variation order on existing schemes) and after that subsection there shall be inserted—
(4) A variation order may contain provision applying the variations made by the order to existing schemes (whether made by the Secretary of State or a local roads authority); and in the absence of such provision a variation order does not affect the classes of traffic prescribed in an existing scheme.
(5) In subsection (4) above an “existing scheme” means a scheme under section 7 made before the order comes into operation.
.
46 Special roads not necessarily to be trunk roads.
In section 10 of the Roads (Scotland) Act 1984 (under which a special road provided by the Secretary of State becomes a trunk road), after subsection (2) there shall be inserted—
(3) Subsections (1) and (2) above shall have effect subject to any provision of the scheme under section 7 of this Act directing that the special road in question or any part of it shall not be a trunk road; but any such provision shall not affect the power of the Secretary of State to make an order under section 5(2)(a) of this Act with respect to the special road or part.
.
47 The Roads (Scotland) Act 1984 and the interpretation of Part II.
(1) In this Part—
“extension toll order” means a toll order made under section 30(1) authorising the charging of tolls for a new toll period;
“roads authority”, “local roads authority” and “special road authority” have the same meaning as in the Roads (Scotland) Act 1984;
“special road” has the same meaning as in that Act;
“special road scheme” means a scheme under section 7 of that Act authorising the provision of a special road;
“toll order” means an order under section 27 authorising the charging of tolls;
“toll period” has the meaning given in section 29(1).
(2) The following provisions of the Roads (Scotland) Act 1984 apply for the purposes of this Part as if it were a part of that Act—
sections 136 to 138 (provisions as to notices), and
section 139 (inquiries).
(3) Where an assignation is granted jointly under section 28(1) by two or more local roads authorities references in this Part to the roads authority shall be construed—
(a) as references to each of those authorities in relation to times, circumstances and purposes before the special road scheme becomes operative, and
(b) in relation to times, circumstances and purposes after the special road scheme becomes operative, as references to the authority which in accordance with the scheme is the special road authority.
(4) Nothing in this Part shall be construed as restricting the powers of a roads authority with respect to a road subject to a toll order in respect of which an assignation has been granted under section 28(1)—
(a) as to the matters which may be provided for in the assignation or as to the making of agreements of any other description for any purpose connected with the special road, or
(b) as to the acquisition, by agreement or compulsorily, of any land which in the opinion of the authority is required, in connection with the road, for any purpose for which the authority may acquire land under Part IX of the Roads (Scotland) Act 1984.
(1) In this Part a “street” means the whole or any part of any of the following, irrespective of whether it is a thoroughfare—
(a) any highway, road, lane, footway, alley or passage,
(b) any square or court, and
(c) any land laid out as a way whether it is for the time being formed as a way or not.
Where a street passes over a bridge or through a tunnel, references in this Part to the street include that bridge or tunnel.
(2) The provisions of this Part apply to a street which is not a maintainable highway subject to such exceptions and adaptations as may be prescribed.
(3) In this Part “street works” means works of any of the following kinds (other than works for road purposes) executed in a street in pursuance of a statutory right or a street works licence—
(a) placing apparatus, or
(b) inspecting, maintaining, adjusting, repairing, altering or renewing apparatus, changing the position of apparatus or removing it,
or works required for or incidental to any such works (including, in particular, breaking up or opening the street, or any sewer, drain or tunnel under it, or tunnelling or boring under the street).
(3ZA) In this Part “street works” also includes works of any of the following kinds executed in a street in England in pursuance of a street works permit—
(a) placing apparatus that is a public charge point, or
(b) inspecting, maintaining, adjusting, repairing, altering, renewing, changing the position of or removing apparatus that is a public charge point,
or works required for or incidental to any such works (including, in particular, breaking up or opening the street, or any sewer, drain or tunnel under it, or tunnelling or boring under the street).
(3A) For the purposes of subsection (3) or (3ZA), the works that are street works by virtue of being works required for or incidental to street works of any particular kind include—
(a) reinstatement of the street, and
(b) where an undertaker has failed to comply with his duties under this Part with respect to reinstatement of the street, any remedial works.
(4) In this Part “undertaker” —
(a) in relation to street works mentioned in subsection (3), means the person by whom the relevant statutory right is exercisable (in the capacity in which it is exercisable by him) or the licensee under the relevant street works licence, as the case may be;
(b) in relation to street works described in subsection (3ZA), means the person who in accordance with the street works permit is permitted to carry out the works.
(5) References in this Part to the undertaker in relation to apparatus in a street (including public charge points) are to the person entitled, by virtue of—
(a) a statutory right,
(b) a street works licence, or
(c) where the apparatus is a public charge point installed in England in pursuance of a street works permit, the permit,
to carry out in relation to the apparatus such works as are mentioned in subsection (3) or (3ZA); and references to an undertaker having apparatus in the street, or to the undertaker to whom apparatus belongs, shall be construed accordingly.
49 The street authority and other relevant authorities.
(1) In this Part “the street authority” in relation to a street means, subject to the following provisions—
(a) if the street is a maintainable highway, the highway authority, and
(b) if the street is not a maintainable highway, the street managers.
(2) In the case of a highway for which the Secretary of State or a strategic highways company is the highway authority but in relation to which a local highway authority acts as his or its agent under section 6 of the Highways Act 1980, the local highway authority shall be regarded as the street authority for the purposes of section 53 (the street works register) and sections 54 to 60 (advance notice and co-ordination of works).
(3) Subsection (1)(b) has effect subject to section 87 as regards the application of this Part to prospectively maintainable highways.
(4) In this Part the expression “street managers”, used in relation to a street which is not a maintainable highway, means the authority, body or person liable to the public to maintain or repair the street or, if there is none, any authority, body or person having the management or control of the street.
(5) The Secretary of State may by regulations make provision for exempting street managers from provisions of this Part which would otherwise apply to them as the street authority in relation to a street.
(6) References in this Part to the relevant authorities in relation to any works in a street are to the street authority and also—
(a) where the works include the breaking up or opening of a public sewer in the street, the sewer authority;
(b) where the street is carried or crossed by a bridge vested in a transport authority, or crosses or is crossed by any other property held or used for the purposes of a transport authority, that authority; and
(c) where in any other case the street is carried or crossed by a bridge, the bridge authority.
(1) The street authority may grant a licence (a “street works licence”) permitting a person—
(a) to place, or to retain, apparatus in the street, and
(b) thereafter to inspect, maintain, adjust, repair, alter or renew the apparatus, change its position or remove it,
and to execute for those purposes any works required for or incidental to such works (including, in particular, breaking up or opening the street, or any sewer, drain or tunnel under it, or tunnelling or boring under the street).
(1A) For the purposes of subsection (1), the works that are required for or incidental to works falling within paragraph (a) or (b) of that subsection include—
(a) reinstatement of the street, and
(b) where an undertaker has failed to comply with his duties under this Part with respect to reinstatement of the street, any remedial works.
(2) A street works licence authorises the licensee to execute the works permitted by the licence without obtaining any consent which would otherwise be required to be given—
(a) by any other relevant authority in its capacity as such, or
(b) by any person in his capacity as the owner of apparatus affected by the works;
but without prejudice to the provisions of this Part as to the making of requirements by any such authority or person or as to the settlement of a plan and section and the execution of the works in accordance with them.
(3) A street works licence does not dispense the licensee from obtaining any other consent, licence or permission which may be required; and it does not authorise the installation of apparatus for the use of which the licence of the Secretary of State is required, unless and until that licence has been granted.
(4) The provisions of Schedule 3 have effect with respect to the grant of street works licences, the attachment of conditions and other matters.
(5) A street works licence may be granted—
(a) to a person on terms permitting or prohibiting its assignment, or
(b) to the owner of land and his successors in title;
and references in this Part to the licensee are to the person for the time being entitled by virtue of the licence to do anything permitted by it.
(6) Any licence, consent, permission or other authority for the execution in a street of any such works as are mentioned in subsection (1) granted or given by the street authority before the commencement of this Part has effect after the commencement of this Part as a street works licence; but subsection (2) does not apply in relation to such a licence.
This applies in particular to licences granted under section 181 of the Highways Act 1980 or any corresponding earlier enactment.
(7) The works referred to in subsection (1) above do not include works for road purposes.
(1) It is an offence for a person other than the street authority—
(a) to place apparatus in a street, or
(b) to break up or open a street, or a sewer, drain or tunnel under it, or to tunnel or bore under a street, for the purpose of placing, inspecting, maintaining, adjusting, repairing, altering or renewing apparatus, or of changing the position of apparatus or removing it,
otherwise than in pursuance of a statutory right or a street works licence.
(2) A person committing an offence under this section is liable on summary conviction to a fine not exceeding level 5 on the standard scale.
(3) This section does not apply to —
(a) works for road purposes,
(b) emergency works of any description, or
(c) street works as described in section 48(3ZA) (works relating to public charge points executed in a street in England in pursuance of a street works permit).
(4) If a person commits an offence under this section, the street authority may—
(a) in the case of an offence under subsection (1)(a), direct him to remove the apparatus in respect of which the offence was committed, and
(b) in any case, direct him to take such steps as appear to them necessary to reinstate the street or any sewer, drain or tunnel under it.
If he fails to comply with the direction, the authority may remove the apparatus or, as the case may be, carry out the necessary works and recover from him the costs reasonably incurred by them in doing so.
(1) In this Part “emergency works” means works whose execution at the time when they are executed is required in order to put an end to, or to prevent the occurrence of, circumstances then existing or imminent (or which the person responsible for the works believes on reasonable grounds to be existing or imminent) which are likely to cause danger to persons or property.
(2) Where works comprise items some of which fall within the preceding definition, the expression “emergency works” shall be taken to include such of the items as do not fall within that definition as cannot reasonably be severed from those that do.
(3) Where in any civil or criminal proceedings brought by virtue of any provision of this Part the question arises whether works were emergency works, it is for the person alleging that they were to prove it.
(1) A street authority shall keep a register showing with respect to each street for which they are responsible such information as may be prescribed with respect to the street works, and such other descriptions of works as may be prescribed, executed or proposed to be executed in the street.
(2) The register shall contain such other information, and shall be kept in such form and manner, as may be prescribed.
(3) The authority shall make the register available for inspection, at all reasonable hours and free of charge—
(a) so far as it relates to restricted information, by any person having authority to execute works of any description in the street, or otherwise appearing to the authority to have a sufficient interest, and
(b) so far as it relates to information which is not restricted, by any person.
The Secretary of State may make provision by regulations as to the information which is restricted for the purposes of this subsection.
(4) The Secretary of State may make arrangements for the duties of street authorities under this section to be discharged by means of one or more central registers kept by a person appointed in pursuance of the arrangements.
(4A) In subsection (4) “central register” means a register covering the areas of two or more street authorities.
(5) If such arrangements are made the Secretary of State may require street authorities to participate in and make contributions towards the cost of the arrangements.
(5A) In particular the Secretary of State may require a street authority to share information in their possession with a person appointed to keep a central register which discharges the duties of that authority under this section.
(6) The Secretary of State may by regulations make provision with respect to any register kept in pursuance of this section—
(a) requiring the registration of such information as may be prescribed, and
(b) requiring the payment of such fee as may be prescribed in respect of the registration of information of any prescribed description;
and the regulations may contain provision as to the person responsible for securing the registration of the information and the person liable to pay the fee.
(1) In such cases as may be prescribed an undertaker proposing to execute street works shall give the prescribed advance notice of the works to the street authority.
(2) Different periods of notice may be prescribed for different descriptions of works.
(3) The notice shall state the date on which it is proposed to begin the works and shall contain such other information as may be prescribed.
(4) After giving advance notice under this section an undertaker shall comply with such requirements as may be prescribed, or imposed by the street authority, as to the providing of information and other procedural steps to be taken for the purpose of co-ordinating the proposed works with other works of any description proposed to be executed in the street.
(4A) If an undertaker who has given advance notice under this section has not, before the starting date specified in the notice, given to the street authority a notice under section 55 in respect of the works, he shall within such period as may be prescribed give to that authority a notice containing such information as may be prescribed.
(4B) An advance notice under this section shall cease to have effect in relation to the proposed works (so that subsection (1) applies again in relation to the works) if those works are not substantially begun before the end of such period beginning with the starting date specified in the notice as may be prescribed, or such further period as the street authority may allow.
(4C) Different periods may be prescribed under subsection (4B) for different descriptions of works.
(5) An undertaker who fails to comply with his duties under this section commits an offence and is liable on summary conviction to a fine not exceeding level 4 on the standard scale.
(1) An undertaker proposing to begin to execute street works involving—
(a) breaking up or opening the street, or any sewer, drain or tunnel under it, or
(b) tunnelling or boring under the street,
shall give not less than 7 working days’ notice (or such other notice as may be prescribed) to the street authority, to any other relevant authority and to any other person having apparatus in the street which is likely to be affected by the works.
(2) Different periods of notice may be prescribed for different descriptions of works, or in cases where the undertaker has been given notice under section 58(1), and cases may be prescribed in which no notice is required.
(3) The notice shall state the date on which it is proposed to begin the works and shall contain such other information as may be prescribed.
(4) Where notice is required to be given under this section, the works shall not be begun without notice or before the end of the notice period, except with the consent of those to whom notice is required to be given.
(5) An undertaker who begins to execute any works in contravention of this section commits an offence and is liable on summary conviction to a fine not exceeding level 4 on the standard scale.
(6) In proceedings against a person for such an offence it is a defence for him to show that the contravention was attributable—
(a) to his not knowing the position, or not knowing of the existence, of another person’s apparatus, or
(b) to his not knowing the identity or address of—
(i) a relevant authority, or
(ii) the person to whom any apparatus belongs,
and that his ignorance was not due to any negligence on his part or to any failure to make inquiries which he ought reasonably to have made.
(7) A notice under this section shall cease to have effect if the works to which it relates are not substantially begun before the end of the period of 7 working days (or such other period as may be prescribed) beginning with the starting date specified in the notice, or such further period as may be allowed by those to whom notice is required to be given.
(8) If a notice under this section ceases to have effect the undertaker shall, within such period as may be prescribed, give a notice containing such information as may be prescribed to those to whom the notice under this section was required to be given.
(9) An undertaker who fails to give notice in accordance with subsection (8) commits an offence and is liable on summary conviction to a fine not exceeding level 4 on the standard scale.
56 Power to give directions as to timing of street works.
(1) If it appears to the street authority—
(a) that proposed street works are likely to cause serious disruption to traffic, and
(b) that the disruption would be avoided or reduced if the works were carried out only at certain times or on certain days (or at certain times on certain days),
the authority may give the undertaker such directions as may be appropriate as to the times or days (or both) when the works may or may not be carried out.
(1A) Where it appears to a street authority—
(a) that subsisting street works are causing or are likely to cause serious disruption to traffic, and
(b) that the disruption would be avoided or reduced if the works were to continue to be carried out only at certain times or on certain days (or at certain times on certain days),
the authority may give the undertaker such directions as may be appropriate as to the times or days (or both) when the works may or may not continue to be carried out.
(2) The procedure for giving a direction shall be prescribed by the Secretary of State.
(3) An undertaker who executes works in contravention of a direction under this section commits an offence and is liable on summary conviction to a fine not exceeding level 5 on the standard scale.
(3A) An undertaker shall be taken not to have failed to fulfil any statutory duty to afford a supply or service if, or to the extent that, his failure is attributable to a direction under this section.
(4) The Secretary of State may issue or approve for the purposes of this section a code of practice giving practical guidance as to the exercise by street authorities of the power conferred by this section; and in exercising that power a street authority shall have regard to the code of practice.
56A Power to give directions as to placing of apparatus
(1) Where—
(a) an undertaker is proposing to execute street works consisting of the placing of apparatus in a street (“street A”),
(b) placing the apparatus in street A is likely to cause disruption to traffic, and
(c) it appears to the street authority that—
(i) there is another street (“street B”) in which the apparatus could be placed, and
(ii) the conditions in subsection (2) are satisfied,
the authority may by direction require the undertaker not to place the apparatus in street A (but may not require him to place the apparatus in street B).
(2) The conditions referred to in subsection (1)(c) are that—
(a) disruption to traffic would be avoided or reduced if the apparatus were to be placed in street B;
(b) placing the apparatus in street B would be a reasonable way of achieving the purpose for which the apparatus is to be placed; and
(c) it is reasonable to require the undertaker not to place the apparatus in street A.
(3) A direction under this section may be varied or revoked by a further such direction.
(4) The procedure for giving a direction under this section shall be prescribed by the Secretary of State.
(5) The Secretary of State may by regulations make provision for appeals against directions under this section, including provision as to the persons who may determine appeals and the procedure to be followed on an appeal.
(6) An undertaker who executes works in contravention of a direction under this section commits an offence and is liable on summary conviction to a fine not exceeding level 5 on the standard scale.
(7) An undertaker shall be taken not to have failed to fulfil any statutory duty to afford a supply or service if, or to the extent that, his failure is attributable to a direction under this section.
(8) The Secretary of State may issue or approve for the purposes of this section a code of practice giving practical guidance as to the exercise by street authorities of the power conferred by this section; and in exercising that power a street authority shall have regard to the code of practice.
(1) Nothing in section 54 (advance notice), section 55 (notice of starting date) or section 56 (directions as to timing of works) or paragraph 2(1)(d) or 3(1) of Schedule 3A (notification of proposed works or directions as to timings of works) affects the right of an undertaker to execute emergency works.
(2) An undertaker executing emergency works shall, if the works are of a kind in respect of which notice is (or would, but for paragraph 2(6) of Schedule 3A, be) required by section 55, give notice as soon as reasonably practicable, and in any event within two hours (or such other period as may be prescribed) of the works being begun, to the persons to whom notice would be required to be given under that section.
(3) The notice shall state his intention or, as the case may be, the fact that he has begun to execute the works and shall contain such other information as may be prescribed.
(4) An undertaker who fails to give notice in accordance with this section commits an offence and is liable on summary conviction to a fine not exceeding level 4 on the standard scale.
(5) In proceedings against a person for such an offence it is a defence for him to show that the contravention was attributable—
(a) to his not knowing the position, or not knowing of the existence, of another person’s apparatus, or
(b) to his not knowing the identity or address of—
(i) a relevant authority, or
(ii) the person to whom any apparatus belongs,
and that his ignorance was not due to any negligence on his part or to any failure to make inquiries which he ought reasonably to have made.
58 Restriction on works following substantial road works.
(1) Where it is proposed to carry out substantial road works in a highway, the street authority may by notice in accordance with this section restrict the execution of street works during the prescribed period following the completion of those works.
For this purpose substantial road works means works for road purposes, or such works together with other works, of such description as may be prescribed.
(2) The notice shall be published in the prescribed form and manner and shall specify the nature and location of the proposed works, the date (not being less than such period as may be prescribed after the notice is published, or first published) on which it is proposed to begin the works, and the extent of the restriction.
(3) A copy of the notice shall be given to each of the following—
(a) where there is a public sewer in the part of the highway to which the restriction relates, to the sewer authority,
(b) where the part of the highway to which the restriction relates is carried or crossed by a bridge vested in a transport authority, or crosses or is crossed by any other property held or used for the purposes of a transport authority, to that authority,
(c) where in any other case the part of the highway to which the restriction relates is carried or crossed by a bridge, to the bridge authority,
(d) any person who has given notice under section 54 (advance notice of certain works) of his intention to execute street works in the part of the highway to which the restriction relates, ...
(e) any other person having apparatus in the part of the highway to which the restriction relates; and
(f) any other person of a prescribed description;
but a failure to do so does not affect the validity of the restriction imposed by the notice.
(4) A notice ceases to be effective if the works to which it relates are not substantially begun within such period as may be prescribed.
(5) An undertaker shall not in contravention of a restriction imposed by a notice under this section break up or open the part of the highway to which the restriction relates, except—
(a) to execute emergency works,
(b) with the consent of the street authority, or
(c) in such other cases as may be prescribed.
(6) If he does—
(a) he commits an offence and is liable on summary conviction to a fine not exceeding level 5 on the standard scale, and
(b) if he is convicted of an offence under this subsection he is liable to reimburse the street authority any costs reasonably incurred by them in reinstating the highway.
(7) The consent of the street authority under subsection (5)(b) shall not be unreasonably withheld; and any question whether the withholding of consent is unreasonable shall be settled in the prescribed manner.
(7A) Regulations under subsection (7) may in particular make provision for the question referred to in that subsection to be settled—
(a) by arbitration;
(b) by a person designated by the Secretary of State on appeal by the undertaker.
(8) An undertaker shall be taken not to have failed to fulfil any statutory duty to afford a supply or service if, or to the extent that, his failure is attributable to a restriction imposed by a notice under this section.
59 General duty of street authority to co-ordinate works.
(1) A street authority shall use their best endeavours to co-ordinate the execution of works of all kinds (including works for road purposes) and the carrying out of relevant activities in the streets for which they are responsible—
(a) in the interests of safety,
(b) to minimise the inconvenience to persons using the street (having regard, in particular, to the needs of people with a disability), and
(c) to protect the structure of the street and the integrity of apparatus in it.
(2) That duty extends to co-ordination with other street authorities where works or relevant activities in a street for which one authority are responsible affect streets for which other authorities are responsible.
(3) The Secretary of State shall issue or approve for the purposes of this section codes of practice giving practical guidance as to the matters mentioned above; and in discharging their general duty of co-ordination a street authority shall have regard to any such code of practice.
(4) If it appears to the Secretary of State that a street authority are not properly discharging their general duty of co-ordination, he may direct the authority to supply him with such information as he considers necessary to enable him to decide whether that is the case and if so what action to take.
The direction shall specify the information to be provided and the period within which it is to be provided.
(5) If after the end of that period (whether or not the direction has been complied with) it appears to the Secretary of State that the authority are not properly discharging their general duty of co-ordination, he may direct the authority to take such steps as he considers appropriate for the purpose of discharging that duty.
The direction shall specify the steps to be taken and the period within which they are to be taken, and may include a requirement to make a report or periodic reports to the Secretary of State as to what steps have been taken and the results of taking them.
(6) A direction under this section may be varied or revoked by a further direction.
(7) In this section “relevant activities” means any activity, other than the execution of works in the street or the use of the street by traffic (including pedestrians), which—
(a) involves the temporary occupation or use of space in a street;
(b) is subject to regulation by the street authority by virtue of provision made by or under any Act other than this Act; and
(c) is prescribed by regulations made by the Secretary of State.
(1) An undertaker shall as regards the execution of street works use his best endeavours to co-operate with the street authority and with other undertakers—
(a) in the interests of safety,
(b) to minimise the inconvenience to persons using the street (having regard, in particular, to the needs of people with a disability), and
(c) to protect the structure of the street and the integrity of apparatus in it.
(2) The Secretary of State shall issue or approve for the purposes of this section codes of practice giving practical guidance as to the matters mentioned in subsection (1); and—
(a) so far as an undertaker complies with such a code of practice he shall be taken to comply with his duty under that subsection, and
(b) a failure in any respect to comply with any such code is evidence of failure in that respect to comply with that duty.
(3) An undertaker who fails to comply with his duty under subsection (1) commits an offence and is liable on summary conviction to a fine not exceeding level 5 on the standard scale.
(1) The consent of the street authority is required for the placing of apparatus by an undertaker in a protected street, except as mentioned below.
The following are “protected streets” for this purpose—
(a) any highway or proposed highway which is a special road in accordance with section 16 of the Highways Act 1980, and
(b) any street designated by the street authority as protected.
(2) Consent is not required for the placing of apparatus—
(a) by way of renewal of existing apparatus, or
(b) in pursuance of a street works licence,
unless, in the latter case, the licence was granted before the street became a protected street.
(3) The street authority may require the payment of—
(a) a reasonable fee in respect of the legal or other expenses incurred in connection with the giving of their consent under this section, and
(b) an annual fee of a reasonable amount for administering the consent;
and any such fee is recoverable from the undertaker.
This shall not be construed as affecting any right of the authority where they own the land on which the street is situated to grant for such consideration as they think fit the right to place anything in, under or over the land.
(4) Where the apparatus is to be placed crossing the protected street and not running along it, the street authority shall not withhold their consent unless there are special reasons for doing so.
(5) Consent to the placing of apparatus in a protected street may be given subject to conditions; and the street authority may agree to contribute to the expenses incurred by the undertaker in complying with the conditions.
(6) Any dispute between a street authority and an undertaker as to the withholding of consent, the imposition of conditions, or the making of contributions shall be settled by arbitration.
(7) An undertaker having a statutory duty to afford a supply or service shall not be regarded as in breach of that duty if, or to the extent that, it is not reasonably practicable to afford a supply or service by reason of anything done by the street authority in exercise of their functions under this section.
62 Supplementary provisions as to designation of protected streets.
(1) The Secretary of State may prescribe—
(a) the criteria for designating a street as protected,
(b) the procedure for making or withdrawing such a designation, and
(c) the information to be made available by a street authority as to the streets for the time being so designated by them.
(2) Where a street has been designated as protected the street authority may direct an undertaker to remove or change the position of apparatus placed in the street at a time when it was not so designated.
The authority shall indemnify the undertaker in respect of his reasonable expenses in complying with such a direction.
(3) Where a designation is withdrawn the street authority may give such directions as they consider appropriate as to—
(a) the continuance in force of any conditions subject to which consent was given for the placing of apparatus in the street, and
(b) the continuance of entitlement to any contributions in respect of the expenses of an undertaker in complying with such conditions.
(4) Where a designation is made or withdrawn the street authority may give such directions as they consider appropriate with respect to works in progress in the street when the designation comes into force or ceases to have effect.
(5) Any dispute between a street authority and an undertaker as to the exercise by the authority of their powers under subsection (2), (3) or (4) shall be settled by arbitration.
(1) The provisions of Schedule 4 have effect for requiring the settlement of a plan and section of street works to be executed in a street designated by the street authority as having special engineering difficulties.
(2) The Secretary of State may prescribe—
(a) the criteria for designating a street as having special engineering difficulties,
(b) the procedure for making or withdrawing such a designation, and
(c) the information to be made available by a street authority as to the streets for the time being so designated by them.
(3) Where a strategic highways company or a local highway authority are asked to designate a street as having special engineering difficulties—
(a) by a transport authority on the ground of the proximity of the street to a structure belonging to, or under the management or control of, the authority, or
(b) by an undertaker having apparatus in the street,
and decline to do so, the transport authority or undertaker may appeal to the Secretary of State who may direct that the street be designated.
(4) The designation of a street as having special engineering difficulties shall not be withdrawn except after consultation with any transport authority or undertaker at whose request the designation was made; and a designation made in pursuance of a direction by the Secretary of State shall not be withdrawn except with his consent.
(5) In addition to criteria for designation prescribed under subsection (2)(a), Schedule 3 to the Flood and Water Management Act 2010 requires designation in certain circumstances (relating to sustainable drainage systems).
(1) Regulations made for the purposes of section 54, 55 or 57 (notices required to be given in respect of street works) or paragraph 2 of Schedule 3A may make special provision in relation to street works in a street designated by the street authority as traffic-sensitive.
(2) The Secretary of State may prescribe—
(a) the criteria for designating a street as traffic-sensitive,
(b) the procedure for making or withdrawing such a designation, and
(c) the information to be made available by a street authority as to the streets for the time being so designated by them.
(3) If it appears to the street authority that the prescribed criteria are met only at certain times or on certain dates, a limited designation may be made accordingly.
In such a case the reference in subsection (1) to the execution of works in a street designated as traffic-sensitive shall be construed as a reference to works so executed at those times or on those dates.
(4) Where any council of a London borough or the Common Council of the City of London are asked by the Traffic Director for London to designate a street as a traffic-sensitive street and they decline to do so, the Director may appeal to the Secretary of State who may direct that the street be designated.
(1) An undertaker executing street works shall secure—
(a) that any part of the street which is broken up or open, or is obstructed by plant or materials used or deposited in connection with the works, is adequately guarded and lit, and
(b) that such traffic signs are placed and maintained, and where necessary operated, as are reasonably required for the guidance or direction of persons using the street,
having regard, in particular, to the needs of people with a disability.
(2) In discharging in relation to a highway his duty with respect to the placing, maintenance or operation of traffic signs, an undertaker shall comply with any directions given by the traffic authority.
The power of the traffic authority to give directions under this subsection is exercisable subject to any directions given by the Secretary of State under section 65 of the Road Traffic Regulation Act 1984.
(3) The Secretary of State may issue or approve for the purposes of this section codes of practice giving practical guidance as to the matters mentioned in subsection (1); and—
(a) so far as an undertaker complies with such a code of practice he shall be taken to comply with that subsection; and
(b) a failure in any respect to comply with any such code is evidence of failure in that respect to comply with that subsection.
(4) An undertaker who fails to comply with subsection (1) or (2) commits an offence and is liable on summary conviction to a fine not exceeding level 5 on the standard scale.
(5) If it appears to the street authority that an undertaker has failed to comply with subsection (1) or (2), they may take such steps as appear to them necessary and may recover from the undertaker the costs reasonably incurred by them in doing so.
(6) If a person without lawful authority or excuse—
(a) takes down, alters or removes any fence, barrier, traffic sign or light erected or placed in pursuance of subsection (1) or (2) above, or
(b) extinguishes a light so placed,
he commits an offence and is liable on summary conviction to a fine not exceeding level 5 on the standard scale.
(1) An undertaker executing street works which involve—
(a) breaking up or opening the street, or any sewer, drain or tunnel under it, or
(b) tunnelling or boring under the street,
shall carry on and complete the works with all such dispatch as is reasonably practicable.
(2) An undertaker who fails to do so commits an offence and is liable on summary conviction to a fine not exceeding level 5 on the standard scale.
(3) Where an undertaker executing any street works creates an obstruction in a street to a greater extent or for a longer period than is reasonably necessary, the street authority may by notice require him to take such reasonable steps as are specified in the notice to mitigate or discontinue the obstruction.
(4) If the undertaker fails to comply with such a notice within 24 hours of receiving it, or any longer period specified in the notice, the authority may take the necessary steps and recover from him the costs reasonably incurred by them in doing so.
(1) It is the duty of an undertaker executing street works involving—
(a) breaking up the street, or any sewer, drain or tunnel under it, or
(b) tunnelling or boring under the street,
to secure that, except in such cases as may be prescribed, the execution of the works is supervised by a person having a prescribed qualification as a supervisor.
(2) It is the duty of an undertaker executing street works involving—
(a) breaking up or opening the street, or any sewer, drain or tunnel under it, or
(b) tunnelling or boring under the street,
to secure that, except in such cases as may be prescribed, there is on site at all times when any such works are in progress at least one person having a prescribed qualification as a trained operative.
(3) An undertaker who fails to comply with his duty under subsection (1) or (2) commits an offence and is liable on summary conviction to a fine not exceeding level 5 on the standard scale.
(4) Regulations made by the Secretary of State for the purposes of this section may include provision with respect to—
(a) the approval of bodies conferring qualifications (and the withdrawal of such approval), and
(b) the circumstances in which a qualification may be conferred.
(1) An undertaker executing street works shall afford the street authority reasonable facilities for ascertaining whether he is complying with his duties under this Part.
(2) An undertaker who fails to afford the street authority such facilities commits an offence in respect of each failure and is liable on summary conviction to a fine not exceeding level 4 on the standard scale.
69 Works likely to affect other apparatus in the street.
(1) Where street works are likely to affect another person’s apparatus in the street, the undertaker executing the works shall take all reasonably practicable steps—
(a) to give the person to whom the apparatus belongs reasonable facilities for monitoring the execution of the works, and
(b) to comply with any requirement made by him which is reasonably necessary for the protection of the apparatus or for securing access to it.
(2) An undertaker who fails to comply with subsection (1) commits an offence in respect of each failure and is liable on summary conviction to a fine not exceeding level 4 on the standard scale.
(3) In proceedings against a person for such an offence it is a defence for him to show that the failure was attributable—
(a) to his not knowing the position, or not knowing of the existence, of another person’s apparatus, or
(b) to his not knowing the identity or address of the person to whom any apparatus belongs,
and that his ignorance was not due to any negligence on his part or to any failure to make inquiries which he ought reasonably to have made.
(1) It is the duty of the undertaker by whom street works are executed to reinstate the street.
(1A) The reinstatement required by subsection (1) may be permanent or interim.
(2) He shall begin the reinstatement as soon after the completion of any part of the street works as is reasonably practicable and shall carry on and complete the reinstatement with all such dispatch as is reasonably practicable.
(3) He shall within 10 working days from the date on which the reinstatement is completed give notice to the street authority of that completion—
(a) stating whether the reinstatement is permanent or interim; and
(b) giving such other information about the reinstatement as may be prescribed.
(4) If the reinstatement is interim, he shall complete the permanent reinstatement of the street as soon as reasonably practicable, and in any event within 6 months from the date on which the interim reinstatement was completed.
(4A) He shall, within 10 working days from the date on which the permanent reinstatement required by subsection (4) is completed, give notice to the street authority of that completion, giving such other information about the reinstatement as may be prescribed.
(4B) The Secretary of State may by regulations modify the period specified in subsection (3), (4) or (4A).
(5) The permanent reinstatement of the street shall include, in particular, the reinstatement of features designed to assist people with a disability.
(6) An undertaker who fails to comply with any provision of this section commits an offence and is liable on summary conviction—
(a) in the case of an offence consisting of a failure to comply with subsection (3) or (4A), to a fine not exceeding level 4 on the standard scale; and
(b) in any other case, to a fine not exceeding level 5 on that scale.
(7) In proceedings against a person for an offence of failing to comply with subsection (2) it is a defence for him to show that any delay in reinstating the street was in order to avoid hindering the execution of other works, or other parts of the same works, to be undertaken immediately or shortly thereafter.
71 Materials, workmanship and standard of reinstatement.
(1) An undertaker executing street works shall in reinstating the street comply with such requirements as may be prescribed as to the specification of materials to be used and the standards of workmanship to be observed.
(2) He shall also ensure that the reinstatement conforms to such performance standards as may be prescribed—
(a) in the case of interim reinstatement, until permanent reinstatement is effected, and
(b) in the case of permanent reinstatement, for the prescribed period after the completion of the reinstatement.
This obligation is extended in certain cases and restricted in others by the provisions of section 73 as to cases where a reinstatement is affected by subsequent works.
(3) Regulations made for the purposes of this section may make different provision in relation to different classes of excavation and different descriptions of street, and in relation to interim and permanent reinstatement.
(4) The Secretary of State may issue or approve for the purposes of this section codes of practice giving practical guidance as to the matters mentioned in subsections (1) and (2); and regulations made for the purposes of this section may provide that—
(a) so far as an undertaker complies with such a code of practice he shall be taken to comply with his duties under this section; and
(b) a failure in any respect to comply with any such code is evidence of failure in that respect to comply with those duties.
(5) An undertaker who fails to comply with his duties under this section commits an offence and is liable on summary conviction to a fine not exceeding level 5 on the standard scale.
72 Powers of street authority in relation to reinstatement.
(1) The street authority may carry out such investigatory works as appear to them to be necessary to ascertain whether an undertaker has complied with his duties under this Part with respect to reinstatement.
If such a failure is disclosed, the undertaker shall bear the cost of the investigatory works; if not, the street authority shall bear the cost of the investigatory works and of any necessary reinstatement.
(2) Where an undertaker has failed to comply with his duties under this Part with respect to reinstatement, he shall bear the cost of—
(a) a joint inspection with the street authority to determine the nature of the failure and what remedial works need to be undertaken,
(b) an inspection by the authority of the remedial works in progress, and
(c) an inspection by the authority when the remedial works have been completed.
(3) The street authority may by notice require an undertaker who has failed to comply with his duties under this Part with respect to reinstatement to carry out the necessary remedial works within such period of not less than 7 working days as may be specified in the notice.
If he fails to comply with the notice, the authority may carry out the necessary works and recover from him the costs reasonably incurred by them in doing so.
(4) If it appears to the street authority that a failure by an undertaker to comply with his duties under this Part as to reinstatement is causing danger to users of the street, the authority may carry out the necessary works without first giving notice and may recover from him the costs reasonably incurred by them in doing so.
They shall, however, give notice to him as soon as reasonably practicable stating their reasons for taking immediate action.
(1) The provisions of this section apply in relation to an undertaker’s duty under section 71(2) to ensure that a reinstatement conforms to the prescribed performance standards for the requisite period; and references to responsibility for a reinstatement and to the period of that responsibility shall be construed accordingly.
(2) Where a reinstatement is affected by remedial works executed by the undertaker in order to comply with his duties under this Part with respect to reinstatement and the extent of the works exceeds that prescribed, the subsequent reinstatement shall be treated as a new reinstatement as regards the period of his responsibility.
(3) Where the street authority carry out investigatory works in pursuance of section 72(1) and the investigation does not disclose any failure by the undertaker to comply with his duties under this Part with respect to reinstatement, then, to the extent that the original reinstatement has been disturbed by the investigatory works, the responsibility of the undertaker for the reinstatement shall cease.
(4) Where a reinstatement is affected by remedial works executed by the street authority in exercise of their powers under section 72(3) or (4) (powers to act in default of undertaker)—
(a) the undertaker is responsible for the subsequent reinstatement carried out by the authority, and
(b) if the extent of the works exceeds that prescribed, the subsequent reinstatement shall be treated as a new reinstatement as regards the period of his responsibility.
(5) The following provisions apply where a reinstatement is affected by subsequent works in the street otherwise than as mentioned above.
(6) If the reinstatement is dug out to any extent in the course of the subsequent works, the responsibility of the undertaker for the reinstatement shall cease to that extent.
(7) If in any other case the reinstatement ceases to conform to the prescribed performance standards by reason of the subsequent works, the responsibility of the undertaker for the reinstatement is transferred to the person executing the subsequent works; and the provisions of this Part apply in relation to him as they would have applied in relation to the undertaker.
(8) Where there are successive subsequent works affecting a reinstatement, then as between earlier and later works—
(a) subsections (6) and (7) apply in relation to the cessation or transfer of the responsibility of the person for the time being responsible for the reinstatement; and
(b) if the reinstatement ceases to conform to the prescribed performance standards by reason of the works or any of them, it shall be presumed until the contrary is proved that this was caused by the later or last of the works.
(1) The Secretary of State may issue or approve guidance to street authorities about any matter relating to the exercise by them of any power to carry out inspections of street works.
(2) In exercising their powers to carry out such inspections a street authority shall have regard to any guidance issued or approved under this section.
(3) In this section any reference to inspections includes the carrying out of investigatory works.
74 Charge for occupation of the highway where works unreasonably prolonged.
(1) The Secretary of State may make provision by regulations requiring an undertaker executing street works in a maintainable highway to pay a charge to the highway authority where—
(a) the duration of the works exceeds such period as may be prescribed, and
(b) the works are not completed within a reasonable period.
(2) For this purpose “a reasonable period” means such period as is agreed by the authority and the undertaker to be reasonable or, in default of such agreement, is determined by arbitration to be reasonable, for completion of the works in question.
In default of agreement, the authority’s view as to what is a reasonable period shall be acted upon pending the decision of the arbitrator.
(2A) The regulations may prescribe exemptions from the requirement to pay charges.
(3) The regulations may provide that if an undertaker has reason to believe that the duration of works will exceed the prescribed period he shall give to the authority, in such manner as may be prescribed, notice containing an estimate of their likely duration—
(a) in the case of works in connection with the initial placing of apparatus in the street in pursuance of a street works licence, together with his application for the licence,
(b) in the case of other works (not being emergency works), together with his notice under section 55 (notice of starting date) or notification under paragraph 2(1)(d) of Schedule 3A (notification of proposed works), or
(c) in the case of emergency works, as soon as reasonably practicable after the works are begun,
and that the period stated in an estimate contained in a notice given to an authority in such manner shall be taken to be agreed by the authority to be reasonable unless they give notice, in such manner and within such period as may be prescribed, objecting to the estimate.
(4) The regulations may also provide that if it appears to the undertaker that by reason of matters not previously foreseen or reasonably foreseeable the duration of the works—
(a) is likely to exceed the prescribed period,
(b) is likely to exceed the period stated in his previous estimate, or
(c) is likely to exceed the period previously agreed or determined to be a reasonable period,
he shall give to the authority, in such manner as may be prescribed, notice containing an estimate or revised estimate accordingly, and that if he does so any previous estimate, agreement or determination shall cease to have effect and the period stated in the new estimate shall be taken to be agreed by the authority to be reasonable unless they give notice, in such manner and within such period as may be prescribed, objecting to the estimate.
(5) The amount of the charge shall be determined in such manner as may be prescribed by reference to the time taken to complete the works and the extent to which the surface of the highway is affected by the works.
Different rates of charge may be prescribed according to the place and time at which the works are executed and such other factors as appear to the Secretary of State to be relevant.
(5A) The regulations may—
(a) prescribe more than one rate of charge in respect of the same description of works, and
(b) provide that charges are to be paid in respect of any works of that description at the rate which appears to the highway authority to be appropriate in relation to those works.
(5B) The regulations may make provision for the determination of the duration of works for the purposes of the regulations.
(5C) And they may, in particular, make provision for works to be treated as beginning or ending on the giving of, or as stated in, a notice given by the undertaker to the highway authority, in the prescribed manner, in accordance with a requirement imposed by the regulations.
(6) The regulations may make provision as to the time and manner of making payment of any charge.
(7) The regulations shall provide that a highway authority may reduce the amount, or waive payment, of a charge -
(a) in any particular case,
(b) in such classes of case as they may decide or as may be prescribed, or
(c) in all cases or in all cases other than a particular case or such class of case as they may decide or as may be prescribed.
(7A) The regulations may make provision as to—
(a) the application by strategic highways companies or local highway authorities of sums paid by way of charges, and
(b) the keeping of accounts, and the preparation and publication of statements of account, relating to sums paid by way of charges.
(7B) The regulations may create in respect of any failure to give a notice required by the regulations a criminal offence triable summarily and punishable with a fine not exceeding level 4 on the standard scale.
(8) The first regulations for the purposes of this section shall not be made unless a draft of them has been laid before and approved by a resolution of each House of Parliament; subsequent regulations shall be subject to annulment in pursuance of a resolution of either House of Parliament.
74A Charge determined by reference to duration of works.
(1) The Secretary of State may make provision by regulations requiring an undertaker executing street works in a maintainable highway to pay to the highway authority a charge determined, in the prescribed manner, by reference to the duration of the works.
(2) The regulations shall not require charges to be paid to a strategic highways company or a local highway authority 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)).
(3) The regulations may prescribe exemptions from the requirement to pay charges.
(4) The regulations may prescribe different rates of charge according to—
(a) the extent to which the surface of the highway is affected by the works,
(b) the place and time at which the works are executed, and
(c) such other factors as appear to the Secretary of State to be relevant.
(5) The regulations may—
(a) prescribe more than one rate of charge in respect of the same description of works, and
(b) provide that charges are to be paid in respect of any works of that description at the rate which appears to the highway authority to be appropriate in relation to those works.
(6) The regulations may make provision for the determination of the duration of works for the purposes of the regulations.
(7) And they may, in particular, make provision for works to be treated as beginning or ending on the giving of, or as stated in, a notice given by the undertaker to the highway authority, in the prescribed manner, in accordance with a requirement imposed by the regulations.
(8) The regulations may make provision as to the time and manner of making payment of charges.
(9) The regulations shall provide that a highway authority may reduce the amount, or waive payment, of a charge—
(a) in any particular case,
(b) in such classes of case as they may decide or as may be prescribed, or
(c) in all cases or in all cases other than a particular case or such class of case as they may decide or as may be prescribed.
(10) The regulations may make provision as to—
(a) the application by strategic highways companies or local highway authorities of sums paid by way of charges, and
(b) the keeping of accounts, and the preparation and publication of statements of account, relating to sums paid by way of charges.
(11) The regulations may create in respect of any failure to give a notice required by the regulations a criminal offence triable summarily and punishable with a fine not exceeding level 4 on the standard scale.
(12) The regulations may require disputes of any prescribed description to be referred to an arbitrator appointed in accordance with the regulations.
(13) The first regulations under this section shall not be made unless a draft of them has been laid before and approved by a resolution of each House of Parliament; subsequent regulations shall be subject to annulment in pursuance of a resolution of either House of Parliament.
74B Regulations under section 74 and regulations and orders under section 74B
(1) Nothing shall be taken to prevent the imposition of charges by both regulations under sections 74 and regulations under section 74A in respect of the execution of the same works at the same time.
(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—
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
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.