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In force since 2026-10-26, as the publisher states.
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Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.
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2026 No. 1137 HIGHWAYS, ENGLAND TRANSPORT AND WORKS, ENGLAND AND WALES FEES, ENGLAND AND WALES The Transport Infrastructure (Fees) Regulations 2026 Made 26th October 2026 Laid before Parliament 30th October 2026 Coming into force 20th November 2026 The Secretary of State makes these Regulations in exercise of the powers conferred by section 281B of the Highways Act 1980 and section 23A of the Transport and Works Act 1992.
Propose a change(1) These Regulations may be cited as the Transport Infrastructure (Fees) Regulations 2026 and come into force on 20th November 2026. (2) These Regulations extend to England and Wales. (3) Part 2 applies in relation to England. (4) Part 3 applies in relation to England and cross-border orders.
Propose a change(1) The public authorities listed in paragraph 1 of Schedule 1 are prescribed for the purposes of section 281B(1) of the Highways Act 1980 (power to provide for fees for certain services). (2) Schemes made, or proposed to be made, under section 16 or 106 of the Highways Act 1980 are prescribed for the purposes of section 281B(2)(b) of that Act.
Propose a change(1) Subject to the provisions of this regulation, a prescribed public authority may charge fees to a highway authority in relation to the provision of a relevant service. (2) The public authority may charge fees under paragraph (1) only in accordance with a statement published on its website which— (a) describes the relevant services for which fees are charged, (b) sets out the fees or, if applicable, the method by which fees are to be calculated, and (c) refers to any provision in an enactment pursuant to which the relevant services are provided. (3) The fees may take account of the costs of anything that is reasonably incidental to the provision of the relevant service by the public authority. (4) The fees charged in relation to the provision of a relevant service must not exceed the costs reasonably incurred or to be incurred by the public authority in providing the relevant service. (5) This regulation is without prejudice to any power to charge fees under section 43(1) of the Environment Act 1995, section 27 of the Marine and Coastal Access Act 2009 and section 33(6) of the National Heritage Act 1983.
Propose a change(1) A prescribed public authority may, in accordance with a statement published on its website, do any of the following in relation to the fees referred to in regulation 3(1)— (a) provide the highway authority with a written estimate of the fees before providing the relevant service; (b) require all or part of the fees to be paid in advance of providing the relevant service; (c) approve the payment of the fees by instalments; (d) waive or refund all or part of the fees. (2) Where the public authority decides to waive or refund all or part of the fees, it must notify the highway authority of the waiver or refund in writing.
Propose a change(1) A prescribed public authority charging fees to a highway authority under regulation 3(1) must notify the highway authority in writing of the amount of fees being charged. (2) The highway authority must pay the fees to the public authority within such period or (in relation to payment by instalments) periods as may be specified in the notice, provided the period or periods are not less than 21 days beginning with the date of the notice. (3) If the highway authority fails to do so, the public authority may— (a) where the overdue amount relates to a relevant service which has been provided in full, recover from the highway authority as a civil debt the overdue amount; (b) where the overdue amount relates to a relevant service the provision of which has not been commenced, notwithstanding any requirement to provide the relevant service in full, withhold the relevant service until the overdue amount is paid; (c) where the overdue amount relates to a relevant service which has been provided in part, notwithstanding any requirement to provide the relevant service in full, do either or both of the following— (i) recover from the highway authority as a civil debt the overdue amount; (ii) withhold the unprovided part of the relevant service until the overdue amount is paid.
Propose a changeIn this Part, “applicant” means an applicant under section 6 of the Transport and Works Act 1992.
Propose a changeThe public authorities listed in paragraph 1 of Schedule 2 are prescribed for the purposes of section 23A(1) of the Transport and Works Act 1992 (fees for certain services in connection with orders).
Propose a change(1) Subject to the provisions of this regulation, a prescribed public authority may charge fees to an applicant in relation to the provision of a relevant service. (2) The public authority may charge fees under paragraph (1) only in accordance with a statement published on its website which— (a) describes the relevant services for which fees are charged, (b) sets out the fees or, if applicable, the method by which fees are to be calculated, and (c) refers to any provision in an enactment pursuant to which the relevant services are provided. (3) The fees may take account of the costs of anything that is reasonably incidental to the provision of the relevant service by the public authority. (4) The fees charged in relation to the provision of a relevant service must not exceed the costs reasonably incurred or to be incurred by the public authority in providing the relevant service. (5) This regulation is without prejudice to any power to charge fees under section 43(1) of the Environment Act 1995, section 27 of the Marine and Coastal Access Act 2009 and section 33(6) of the National Heritage Act 1983.
Propose a change(1) A prescribed public authority may, in accordance with a statement published on its website, do any of the following in relation to the fees referred to in regulation 8(1)— (a) provide the applicant with a written estimate of the fees before providing the relevant service; (b) require all or part of the fees to be paid in advance of providing the relevant service; (c) approve the payment of the fees by instalments; (d) waive or refund all or part of the fees. (2) Where the public authority decides to waive or refund all or part of the fees, it must notify the applicant of the waiver or refund in writing.
Propose a change(1) A prescribed public authority charging fees to an applicant under regulation 8(1) must notify the applicant in writing of the amount of fees being charged. (2) The applicant must pay the fees to the public authority within such period or (in relation to payment by instalments) periods as may be specified in the notice, provided the period or periods are not less than 21 days beginning with the date of the notice. (3) If the applicant fails to do so, the public authority may— (a) where the overdue amount relates to a relevant service which has been provided in full, recover from the applicant as a civil debt the overdue amount; (b) where the overdue amount relates to a relevant service the provision of which has not been commenced, notwithstanding any requirement to provide the relevant service in full, withhold the relevant service until the overdue amount is paid; (c) where the overdue amount relates to a relevant service which has been provided in part, notwithstanding any requirement to provide the relevant service in full, do either or both of the following— (i) recover from the applicant as a civil debt the overdue amount; (ii) withhold the unprovided part of the relevant service until the overdue amount is paid.
Propose a change(1) Part 2 does not apply where the relevant service is provided in connection with— (a) an order or proposed order under Part 2 or 6 of the Highways Act 1980 in respect of which a notice was first published in accordance with paragraph 1, 1A or 2 (as applicable) of Schedule 1 to that Act before 20th November 2026, (b) a scheme or proposed scheme under section 16 or 106 of the Highways Act 1980 in respect of which a notice was first published in accordance with paragraph 10 of Schedule 1 to that Act before 20th November 2026, (c) an order under Part 12 of the Highways Act 1980 in respect of which a notice was first published in accordance with section 11(1)(a) or (b) of the Acquisition of Land Act 1981 before 20th November 2026, or (d) an order or proposed order under Part 12 of the Highways Act 1980 in respect of which a notice was first published in accordance with paragraph 2(1)(a) or (b) of Schedule 1 to the Acquisition of Land Act 1981 before 20th November 2026. (2) Part 3 does not apply where the relevant service is provided in connection with an application under section 6 of the Transport and Works Act 1992 which was made to the Secretary of State before 20th November 2026.
Propose a changeRegulation 2 1 The public authorities listed in this paragraph are— (a) the Coal Authority; (b) the Environment Agency; (c) the Health and Safety Executive; (d) the Historic Buildings and Monuments Commission for England; (e) local authorities in England; (f) the Marine Management Organisation; (g) Natural England; (h) National Highways; (i) Transport for London. 2 In this Schedule, “local authority in England” means— (a) a county council in England; (b) a district council; (c) a London borough council; (d) the Common Council of the City of London; (e) the Council of the Isles of Scilly; (f) a National Park authority; (g) the Broads Authority.
Propose a changeRegulation 7 1 The public authorities listed in this paragraph are— (a) the Coal Authority; (b) the Environment Agency; (c) the Health and Safety Executive; (d) the Historic Buildings and Monuments Commission for England; (e) local authorities in England; (f) local authorities in Wales, where providing relevant services in connection with an application for a cross-border order; (g) the Marine Management Organisation; (h) Natural England; (i) National Highways; (j) Natural Resources Wales, where providing relevant services in connection with an application for a cross-border order; (k) Transport for London; (l) the Welsh Ministers, where providing relevant services in connection with an application for a cross-border order. 2 In this Schedule— “local authority in England” has the meaning given in paragraph 2 of Schedule 1; “local authority in Wales” means— a county council in Wales; a county borough council; a National Park authority.
Propose a change