Legislation – Planning and Infrastructure Act 2025
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Part 1Infrastructure
Chapter 3Transport infrastructure
Amendments to the Highways Act 1980
31Fees for certain services
(1)
The Highways Act 1980 is amended as follows.
(2)
“281BPower to provide for fees for certain services
(1)
The appropriate national authority may by regulations make provision for, or in connection with, the charging of fees to highway authorities by prescribed public authorities, in relation to the provision of relevant services.
(2)
A “relevant service” means any advice, information or other assistance (including a response to a consultation) provided, whether or not to a highway authority, in connection with—
(a)
an order made, or proposed to be made, under Part 2, 6 or 12, or
(b)
any other prescribed matter relating to any of those Parts.
(3)
The regulations under subsection (1) may, in particular, make provision—
(a)
about when a fee (including a supplementary fee) may, and may not, be charged;
(b)
about the amount which may be charged;
(c)
about what may, and may not, be taken into account in calculating the amount charged;
(d)
about which highway authority is liable to pay a fee charged;
(e)
about when a fee charged is payable;
(f)
about the recovery of fees charged;
(g)
about waiver, reduction or repayment of fees;
(h)
about the effect of paying or failing to pay fees charged (including provision permitting a prescribed public authority to withhold a relevant service that it would otherwise be required to provide under an enactment until any outstanding fees for that service are paid);
(i)
for the supply of information for any purpose of the regulations;
(j)
conferring a function, including a function involving the exercise of a discretion, on any person.
(4)
A prescribed public authority must have regard to—
(a)
any guidance published by the Secretary of State in relation to the exercise of the authority’s functions under regulations made under this section by the Secretary of State;
(b)
any guidance published by the Welsh Ministers in relation to the exercise of the authority’s functions under regulations made under this section by the Welsh Ministers.
(5)
Regulations under this section may make—
(a)
different provision for different purposes or areas;
(b)
incidental, consequential, supplementary, transitional or transitory provision or savings.
(6)
In this section—
“appropriate national authority” means—
(a)
in relation to England, the Secretary of State, and
(b)
in relation to Wales, the Welsh Ministers;
“prescribed” means prescribed by regulations made by the appropriate national authority under this section;
“public authority” means any person certain of whose functions are of a public nature.”
(3)
In section 325 (provisions as to regulations, schemes and orders)—
(a)
“(1B)
The power of the Welsh Ministers to make regulations under section 281B is exercisable by statutory instrument.”;
(b)
in subsection (2)(a), after “8A” insert “or regulations made by the Welsh Ministers under section 281B”
;
(c)
“(2B)
A statutory instrument containing regulations made by the Welsh Ministers under section 281B is subject to annulment in pursuance of a resolution of Senedd Cymru.”
32Power of strategic highways company in relation to trunk roads
(1)
(2)
Omit subsection (2A).
(3)
In subsection (3), for “this section” substitute “subsection (2)”
.
(4)
In subsection (3A), after “power” insert “under subsection (2)”
.
(5)
In subsection (4), for “this section” substitute “subsection (2)”
.
(6)
“(4A)
A strategic highways company may by order direct—
(a)
that a highway for which the company is the highway authority is to become a trunk road,
(b)
in relation to a highway in the company’s area for which the company is not the highway authority, that—
(i)
the highway is to become a trunk road, and
(ii)
the company is to become the highway authority for it, or
(c)
that a trunk road for which the company is the highway authority is to cease to be a trunk road.
(4B)
(a)
the reference to the company’s area is to the area in respect of which it was appointed (see section 2(1) of the Infrastructure Act 2015), and
(b)
the reference to a highway for which the company is not the highway authority includes a proposed highway to be constructed by the company.
(4C)
A strategic highways company may make an order under subsection (4A) only if it is satisfied that the order is expedient for the purpose of extending, improving or reorganising the national system of routes for through traffic in England and Wales.
(4D)
A strategic highways company may be satisfied as mentioned in subsection (4C) only after taking into consideration the requirements of local and national planning, including the requirements of agriculture.
(4E)
An order under subsection (4A)—
(a)
must specify the date on which it takes effect, and
(b)
must be confirmed by the Secretary of State.
(4F)
Subsections (3) and (4) apply in relation to the power in subsection (4A) as they apply in relation to the power in subsection (2).
(4G)
The powers in this section are subject to section 33(4) of the Planning Act 2008 (exclusion of powers to make or confirm orders in relation to highways for which development consent required).”
(7)
“1A
Where an order under section 10 of this Act is submitted to the Secretary of State by a strategic highways company, that company must publish, in the manner specified in paragraph 1, the notice there referred to; and that paragraph has effect in relation to the notice as if, for the references to the draft order and the making of the order, there were substituted references to the order as submitted to the Secretary of State and the confirmation of the order respectively.”
33Deadlines for consultation and decisions on certain orders and schemes
(1)
Schedule 1 to the Highways Act 1980 (procedures for making or confirming certain orders and schemes) is amended as follows.
(2)
In paragraph 1, in sub-paragraph (b), for “6 weeks from the date of the publication of the notice” substitute “the minimum period specified in paragraph 2A”
.
(3)
“2A
The minimum period is—
(a)
30 days from the date of the publication of the notice, in the case of an order proposed by, or submitted to, the Secretary of State;
(b)
6 weeks from the date of the publication of the notice, in the case of an order proposed by, or submitted to, the Welsh Ministers.”
(4)
“8A
(1)
This paragraph applies where the Secretary of State is exercising the functions conferred by paragraph 8.
(2)
The Secretary of State must—
(a)
decide to make or confirm the proposed order,
(b)
decide not to make or confirm the proposed order, or
(c)
decide to give notification under paragraph 8(3)(a),
within the period of 10 weeks beginning with the relevant day.
(3)
Subject to sub-paragraph (4), the relevant day is the day on which any of the following occurs in relation to the proposed order—
(a)
the period specified in the notice published under paragraph 1 or (as the case may be) paragraph 5 expires with no qualifying objection having been received by the Secretary of State;
(b)
a qualifying objection is withdrawn with the result that no qualifying objections remain live;
(c)
the Secretary of State decides under paragraph 7(2) to dispense with an inquiry;
(d)
the Secretary of State receives the report of the person who has held a local inquiry.
(4)
In a case where—
(a)
the Secretary of State has to decide whether to confirm a related compulsory purchase order, and
(b)
the relevant day in relation to that compulsory purchase order is later than the relevant day specified in sub-paragraph (3),
the relevant day for the purposes of sub-paragraph (2) is the relevant day in relation to the compulsory purchase order.
(5)
The relevant day in relation to a related compulsory purchase order is the day on which the procedure that must be followed before the Secretary of State can decide whether to confirm the order (not including any duty on the Secretary of State to consider certain matters before taking that decision) is completed.
(6)
Where the Secretary of State gives notification under paragraph 8(3)(a), the Secretary of State must decide whether or not to make or confirm the proposed order within the period of 10 weeks beginning with the final day of the period specified under paragraph 8(3)(b).
(7)
(8)
(9)
The Secretary of State may in any particular case, if the Secretary of State considers it appropriate, extend a period that applies under this paragraph.
(10)
The power under sub-paragraph (9) may be exercised—
(a)
more than once in relation to the same period;
(b)
after the expiry of the period.
(11)
The Secretary of State must give written notice of any extension—
(a)
in a case where the proposed order has already been made, to the authority that made it, and
(b)
to each person who has made a qualifying objection and not withdrawn it.
(12)
In this paragraph—
“qualifying objection” means an objection received as described in paragraph 7(1)(a) or (b);
“related compulsory purchase order”, in relation to a proposed order, means a compulsory purchase order proceedings on which could, by virtue of section 257(1), be taken concurrently with any proceedings under this Schedule on the proposed order.”
(5)
In paragraph 10—
(a)
the existing text becomes sub-paragraph (1);
(b)
in paragraph (b) of that sub-paragraph, for “6 weeks from the date of the publication of the notice” substitute “the minimum period specified in sub-paragraph (2)”
;
(c)
“(2)
The minimum period is—
(a)
30 days from the date of the publication of the notice, in the case of a scheme proposed by, or submitted to, the Secretary of State;
(b)
6 weeks from the date of the publication of the notice, in the case of a scheme proposed by, or submitted to, the Welsh Ministers.”
(6)
“15A
(1)
This paragraph applies where the Secretary of State is exercising the functions conferred by paragraph 15.
(2)
The Secretary of State must—
(a)
decide to make or confirm the proposed scheme,
(b)
decide not to make or confirm the proposed scheme, or
(c)
decide to give notification under paragraph 15(3)(a),
within the period of 10 weeks beginning with the relevant day.
(3)
Subject to sub-paragraph (4), the relevant day is the day on which any of the following occurs in relation to the proposed scheme—
(a)
the period specified in the notice published under paragraph 10 or (as the case may be) paragraph 12 expires with no qualifying objection having been received by the Secretary of State;
(b)
a qualifying objection is withdrawn with the result that no qualifying objections remain live;
(c)
the Secretary of State decides under paragraph 14(2) to dispense with an inquiry;
(d)
the Secretary of State receives the report of the person who has held a local inquiry.
(4)
In a case where—
(a)
the Secretary of State has to decide whether to confirm a related compulsory purchase order, and
(b)
the relevant day in relation to that compulsory purchase order is later than the relevant day specified in sub-paragraph (3),
the relevant day for the purposes of sub-paragraph (2) is the relevant day in relation to the compulsory purchase order.
(5)
The relevant day in relation to a related compulsory purchase order is the day on which the procedure that must be followed before the Secretary of State can decide whether to confirm the order (not including any duty on the Secretary of State to consider certain matters before taking that decision) is completed.
(6)
Where the Secretary of State gives notification under paragraph 15(3)(a), the Secretary of State must decide whether or not to make or confirm the proposed scheme within the period of 10 weeks beginning with the final day of the period specified under paragraph 15(3)(b).
(7)
(8)
(9)
The Secretary of State may in any particular case, if the Secretary of State considers it appropriate, extend a period that applies under this paragraph.
(10)
The power under sub-paragraph (9) may be exercised—
(a)
more than once in relation to the same period;
(b)
after the expiry of the period.
(11)
The Secretary of State must give written notice of any extension—
(a)
in a case where the proposed scheme has already been made, to the authority that made it, and
(b)
to each person who has made a qualifying objection and not withdrawn it.
(12)
In this paragraph—
“qualifying objection” means an objection received as described in paragraph 14(1)(a) or (b);
“related compulsory purchase order”, in relation to a proposed scheme, means a compulsory purchase order proceedings on which could, by virtue of section 257(1), be taken concurrently with any proceedings under this Schedule on the proposed scheme.”
34Procedure for certain orders and schemes
(1)
The Highways Act 1980 is amended as follows.
(2)
In section 325 (provision for certain regulations, orders and schemes to be made by statutory instrument)—
(a)
in the heading, omit “, schemes”;
(b)
in subsection (1)—
(i)
omit paragraph (b);
(ii)
in paragraph (d), after “sections” insert “10,”
.
(3)
In section 326 (revocation and variation of schemes and orders)—
(a)
in subsection (2)—
(i)
after “An order” insert “or scheme”
;
(ii)
after “section” insert “10,”
;
(iii)
after “14B,” insert “16,”
;
(iv)
after “27,” insert “106(3),”
;
(v)
after “orders” insert “or schemes”
;
(vi)
after “subsequent order” insert “or scheme”
;
(b)
“(2A)
Subsection (2) does not apply to an order or scheme under section 10, 16 or 106(3) made or confirmed by the Welsh Ministers (but see section 325(1A)).”;
(c)
in subsection (6), before “14,” insert “10,”
.
(4)
“19A
On making or confirming an order or scheme in accordance with this Schedule, the Secretary of State must publish on a government website—
(a)
notice of the making or confirmation of the order or scheme,
(b)
if the order or scheme was made with modifications, a summary of those modifications, and
(c)
either—
(i)
a copy of the order or scheme, together with any maps or plans referred to in it, or
(ii)
an explanation of where and how that documentation can be inspected.”
35Compulsory acquisition powers to include taking of temporary possession
“—
(a)
the right to take temporary possession or occupation of land, and
(b)”.
Amendments to the Transport and Works Act 1992
36Replacement of model clauses with guidance
“8Guidance on draft orders
(1)
The Secretary of State may publish guidance about the preparation of draft orders, for cases in which rules under section 6 require the submission of such drafts to the Secretary of State.
(2)
The Welsh Ministers may publish guidance about the preparation of draft orders, for cases in which rules under section 6 require the submission of such drafts to the Welsh Ministers.
(3)
The guidance may set out model provisions considered suitable for inclusion in the drafts (whether generally or in certain cases).
(4)
In arriving at a determination under section 13 in a case to which guidance under this section applies, the Secretary of State or (as the case may be) the Welsh Ministers must have regard to—
(a)
any departure from the guidance, and
(b)
any reasons given by the applicant for that departure.”
37Removal of special procedure for projects of national significance
(1)
In the Transport and Works Act 1992, omit section 9 (special procedure for projects considered to be of national significance).
(2)
In consequence of that amendment—
(a)
in section 3 of the Statutory Orders (Special Procedure) Act 1945 (petitions against orders), omit subsection (4A);
(b)
in section 12 of the Transport and Works Act 1992 (special parliamentary procedure), omit subsection (2);
(c)
in the Channel Tunnel Rail Link Act 1996, omit section 42 (application of section 9 of the 1992 Act to certain proposals affecting the Channel Tunnel).
(3)
The amendments made by this section do not apply in relation to an application in respect of which a notice under section 9(2) of the Transport and Works Act 1992 has been published before this section comes into force.
38Duty to hold inquiry or hearing
(1)
Section 11 of the Transport and Works Act 1992 (inquiries and hearings) is amended as follows.
(2)
“—
(a)
an objection is made by a person within subsection (4),
(b)
the person informs the Secretary of State in writing that the person wishes the objection to be referred to an inquiry or dealt with in accordance with subsection (2), and
(c)
the Secretary of State considers that the objection is serious enough to merit such treatment,”.
(3)
“(3A)
In a case in which the powers in subsections (1) and (2) are exercisable by the Welsh Ministers, subsection (3) is to be read as referring to the Welsh Ministers instead of the Secretary of State.”
(4)
The amendments made by this section do not apply in relation to an application in respect of which rule 5(1) of the Transport and Works (Applications and Objections Procedure) (England and Wales) Rules 2006 (S.I. 2006/1466) has been complied with before this section comes into force.
39Costs of inquiries
(1)
Section 11 of the Transport and Works Act 1992 (inquiries and hearings) is amended as follows.
(2)
“(za)
the powers of direction, certification and order-making conferred by section 250(4) and (5) as applied by this subsection may, unless otherwise directed by the Secretary of State or the Welsh Ministers, be exercised on their behalf by the person holding the inquiry,”.
(3)
“(5A)
The power of direction conferred by section 250(4) of the Local Government Act 1972 (costs of inquiry) as applied by subsection (5) is, in the case of an application under section 6, to be exercised so as to require the applicant to pay the costs in question, unless the person exercising the power considers that there is good reason to exercise it differently.”
(4)
In subsection (6) (application to hearings of provisions applied to inquiries), after “(costs)” insert “, and subsection (5A) of this section,”
.
(5)
The amendments made by subsections (3) and (4) do not apply in relation to an application in respect of which rule 5(1) of the Transport and Works (Applications and Objections Procedure) (England and Wales) Rules 2006 (S.I. 2006/1466) has been complied with before this section comes into force.
40Deadline for decisions
(1)
The Transport and Works Act 1992 is amended as follows.
(2)
“(7)
The Secretary of State may, for cases involving applications under section 6, make rules as to the period within which—
(a)
a determination under subsection (1) must be made, or
(b)
a step must be taken as required by subsection (4), section 13B or section 13C.
(8)
Rules under subsection (7)—
(a)
may provide for periods to be determined or changed by the Secretary of State or the Welsh Ministers in individual cases;
(b)
may provide for the postponement of a requirement under the rules where a fee payable in connection with the application is not paid on time;
(c)
may make different provision for different cases;
(d)
if they apply in relation to Wales, may be made only with the agreement of the Welsh Ministers;
(e)
must be made by statutory instrument;
and such an instrument is subject to annulment in pursuance of a resolution of either House of Parliament.”
(3)
In consequence of that amendment—
(a)
in section 13(6), for “to 13D” substitute “and 13C”
;
(b)
omit section 13D (requirement to determine EIA application or proposal within reasonable time);
(c)
in section 14(3A)(a), for “to 13D” substitute “and 13C”
.
41Publication of decisions and time for bringing challenge
(1)
The Transport and Works Act 1992 is amended as follows.
(2)
In section 14 (publicity for making or refusal of order)—
(a)
“and
(b)
publish the notice on a government website.”;
(b)
in subsection (2), for “(1)(a)” substitute “(1)”
;
(c)
omit subsection (2A);
(d)
in subsection (3A), for “notices” substitute “notice”
;
(e)
“(3AA)
If the determination is for the making of an EIA order, the notice under subsection (1) must include the information specified in subsection (3AB).”;
(f)
in subsection (4)—
(i)
for “a notice” substitute “a copy of the notice under subsection (1)”
;
(ii)
omit the words from “; and” to the end.
(3)
In section 22(1) (period for challenging order), for the words from “within” to “published” substitute “before the end of the period of 6 weeks beginning with the day after the day on which notice of the determination to make the order is first published under section 14(1)(b)”
.
(4)
In consequence of those amendments—
(a)
in section 12(3)(c) (modification of section 22(1) where special parliamentary procedure applies), for “the notice required by section 14(1)(b) is published” substitute “notice is first published under section 14(1)(b)”
;
(b)
in section 13(5) (date of operation of order), for the words from “the notice” to “published” substitute “notice of the determination to make the order is first published under section 14(1)(b)”
.
(5)
The amendments made by this section do not apply in relation to a determination made before this section comes into force or any order made further to such a determination.
42Fees for certain services
“23AFees for certain services in connection with orders
(1)
The appropriate national authority may by regulations make provision for, or in connection with, the charging of fees to applicants under section 6 by prescribed public authorities, in relation to the provision of relevant services.
(2)
A “relevant service” means any advice, information or other assistance (including a response to a consultation) provided, whether or not to an applicant under section 6, in connection with—
(a)
an application under section 6, or
(b)
any other prescribed matter relating to an order, or proposed order, under section 1 or 3.
(3)
Regulations made under subsection (1) may, in particular, make provision—
(a)
about when a fee (including a supplementary fee) may, and may not, be charged;
(b)
about the amount which may be charged;
(c)
about what may, and may not, be taken into account in calculating the amount charged;
(d)
about when a fee charged is payable;
(e)
about the recovery of fees charged;
(f)
about waiver, reduction or repayment of fees;
(g)
about the effect of paying or failing to pay fees charged (including provision permitting a prescribed public authority to withhold a relevant service that it would otherwise be required to provide under an enactment until any outstanding fees for that service are paid);
(h)
for the supply of information for any purpose of the regulations;
(i)
conferring a function, including a function involving the exercise of a discretion, on any person.
(4)
A prescribed public authority must have regard to—
(a)
any guidance published by the Secretary of State in relation to the exercise of the authority’s functions under regulations made under this section by the Secretary of State;
(b)
any guidance published by the Welsh Ministers in relation to the exercise of the authority’s functions under regulations made under this section by the Welsh Ministers.
(5)
Regulations under this section may make—
(a)
different provision for different purposes or areas;
(b)
incidental, consequential, supplementary, transitional or transitory provision or savings.
(6)
Regulations under this section are to be made by statutory instrument.
(7)
A statutory instrument containing regulations made by the Secretary of State under this section is subject to annulment in pursuance of a resolution of either House of Parliament.
(8)
A statutory instrument containing regulations made by the Welsh Ministers under this section is subject to annulment in pursuance of a resolution of Senedd Cymru.
(9)
In this section—
“appropriate national authority” means—
(a)
in relation to England and cross-border orders, the Secretary of State, and
(b)
in relation to Wales but not cross-border orders, the Welsh Ministers;
“cross-border order” means an order under section 1 or 3 that has effect both in England and in Wales;
“prescribed” means prescribed by regulations made by the appropriate national authority under this section;
“public authority” means any person certain of whose functions are of a public nature.”
43Deemed grant of listed building consent etc
(1)
“17Listed buildings: England
(1)
On making an order under section 1 or 3 that authorises controlled listed building works in England, the Secretary of State may direct that listed building consent for the works is deemed to be granted, subject to such conditions (if any) as may be specified in the direction.
(2)
Section 16(2) of the Listed Buildings Act (duty of special regard to listed buildings) applies to the making of a direction under this section as it would apply to the grant of listed building consent in relation to the building concerned.
(3)
Section 72(1) of the Listed Buildings Act (duty of special attention to conservation areas) applies to the making of a direction under this section in relation to a building in a conservation area as it would apply to the grant of listed building consent in relation to that building.
(4)
The provisions of the Listed Buildings Act apply in relation to any listed building consent deemed to be granted by virtue of a direction of the Secretary of State under this section as if the consent had been granted by the Secretary of State on an application referred under section 12 of that Act.
(5)
But that does not bring the decision to make the direction within section 62(2)(a) of that Act (decisions of Secretary of State that may only be challenged by way of statutory review).
(6)
In this section—
“conservation area” has the same meaning as in the Listed Buildings Act (see section 91(1) of that Act);
“controlled listed building works in England” means works to which section 7(1) of the Listed Buildings Act (demolition or alteration in character of a listed building in England) applies;
“listed building consent” means consent under section 8 of the Listed Buildings Act (listed building consent in England);
“the Listed Buildings Act” means the Planning (Listed Buildings and Conservation Areas) Act 1990.
17AListed buildings and conservation areas: Wales
(1)
On making an order under section 1 or 3 that authorises controlled listed building works in Wales, the Welsh Ministers may direct that listed building consent for the works is deemed to be granted, subject to such conditions (if any) as may be specified in the direction.
(2)
On making an order under section 1 or 3 that authorises controlled conservation area works in Wales, the Welsh Ministers may direct that conservation area consent for the works is deemed to be granted, subject to such conditions (if any) as may be specified in the direction.
(3)
Section 96(2) of HEWA 2023 (duty of special regard to listed buildings) applies to the making of a direction under subsection (1) as it would apply to the grant of listed building consent in relation to the building concerned.
(4)
Section 160(1) of HEWA 2023 (duty of special regard to conservation areas) applies—
(a)
to the making of a direction under subsection (1) in relation to a building in a conservation area, as it would apply to the grant of listed building consent in relation to that building, and
(b)
to the making of a direction under subsection (2), as it would apply to the grant of conservation area consent in relation to the building concerned.
(5)
The provisions of HEWA 2023 apply in relation to any consent deemed to be granted by virtue of a direction of the Welsh Ministers under this section as if the consent had been granted by the Welsh Ministers on an application referred under section 94 of that Act.
(6)
But that does not bring the decision to make the direction within section 182(2)(b) of that Act (decisions of Welsh Ministers that may only be challenged by way of statutory review).
(7)
In this section—
“conservation area” has the same meaning as in HEWA 2023 (see section 210 of that Act);
“conservation area consent” means consent under section 162 of HEWA 2023 (conservation area consent in Wales);
“controlled conservation area works in Wales” means works to which section 161 of HEWA 2023 (demolition of building in conservation area in Wales) applies;
“controlled listed building works in Wales” means works to which section 88 of HEWA 2023 (demolition or alteration in character of a listed building in Wales) applies;
“HEWA 2023” means the Historic Environment (Wales) Act 2023;
“listed building consent” means consent under section 89 of HEWA 2023 (listed building consent in Wales).”
(2)
In section 22 of that Act (validity of orders)—
(a)
in the heading, for “under section 1 or 3” substitute “and directions”
;
(b)
“(4)
This section applies to a direction under—
(a)
section 90(2A) of the Town and Country Planning Act 1990 (deemed planning permission),
(c)
section 12(2A) of the Planning (Hazardous Substances) Act 1990 (deemed hazardous substances consent),
as it applies to an order under section 1 or 3.”
(3)
In section 12 of the Planning (Listed Buildings and Conservation Areas) Act 1990 (reference of applications for listed building consent to Secretary of State), omit subsection (3A).
(4)
In section 94(4) of the Historic Environment (Wales) Act 2023 (reference to Welsh Ministers of application for listed building consent associated with Transport and Works Act application), after “application” in the second place it occurs insert “to the Secretary of State”
.
44Deemed consent under marine licence
(1)
“19ADeemed consent under marine licences
(1)
An order of the Secretary of State under section 1 or 3 may include provision deeming a marine licence to have been granted by the Secretary of State for activities specified in the order (being activities for which the Secretary of State is the appropriate licensing authority).
(2)
Activity specified under subsection (1) must be carried out wholly in one or more of these areas—
(a)
England;
(b)
waters adjacent to England up to the seaward limits of the territorial sea;
(c)
an exclusive economic zone, except any part of an exclusive economic zone in relation to which the Scottish Ministers have functions;
(d)
a Renewable Energy Zone, except any part of a Renewable Energy Zone in relation to which the Scottish Ministers have functions;
(e)
an area designated under section 1(7) of the Continental Shelf Act 1964, except any part of that area which is within a part of an exclusive economic zone or Renewable Energy Zone in relation to which the Scottish Ministers have functions.
(3)
An order of the Welsh Ministers under section 1 or 3 may include provision deeming a marine licence to have been granted by the Welsh Ministers for activities specified in the order (being activities for which the Welsh Ministers are the appropriate licensing authority).
(4)
(a)
deeming the licence to have been granted subject to such conditions as may be specified in the order;
(b)
deeming any such conditions to have been attached to the marine licence by the Secretary of State or (as the case may be) the Welsh Ministers under Part 4 of the MCAA 2009.
(5)
(6)
In this section—
“the appropriate licensing authority” has the meaning given by section 113 of the MCAA 2009;
“exclusive economic zone” has the meaning given by section 322(1) of the MCAA 2009;
“marine licence” means a marine licence under Part 4 of the MCAA 2009;
“the MCAA 2009” means the Marine and Coastal Access Act 2009;
“Renewable Energy Zone” has the meaning given by section 84(4) of the Energy Act 2004.
(7)
For the purposes of this section, waters are to be treated as adjacent, or as not adjacent, to England if they would be so treated for the purposes of section 113 of the MCAA 2009 as a result of sections 322(4) to (9) of that Act.”
(2)
The amendments made by this section do not apply in relation to an order applied for under section 6 of the Transport and Works Act 1992 if rule 5(1) of the Transport and Works (Applications and Objections Procedure) (England and Wales) Rules 2006 (S.I. 2006/1466) has been complied with in respect of the application before this section comes into force.
45Authorisation of applications by local authorities
(1)
In section 20 of the Transport and Works Act 1992 (power to apply for or object to orders)—
(a)
in subsection (2), omit “by subsection (3) or (4)”;
(b)
“(5)
In the case of a local authority to which section 239 of the Local Government Act 1972 applies, a resolution to make an application passed, by virtue of this section, in accordance with subsection (2)(a) of that section does not need to be confirmed in accordance with subsection (2)(b) of that section.”
(2)
The amendments made by this section do not apply in relation to an application or objection that is the subject of a resolution under section 239(2)(a) of the Local Government Act 1972 passed before this section comes into force.
46Extension to Scotland of certain amendments
The amendments made to the Transport and Works Act 1992 by the following provisions are extended to Scotland—
(a)
Schedule 3 to the Environmental Impact Assessment (Miscellaneous Amendments Relating to Harbours, Highways and Transport) Regulations 2017 (S.I. 2017/1070);
(b)
regulation 4(3) and (4) of the Merchant Shipping and Other Transport (Environmental Protection) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/311).
47Power to make consequential amendments
(1)
(2)
Regulations under this section may amend—
(a)
an Act, or
(b)
an Act or Measure of Senedd Cymru,
passed before the end of the session of Parliament in which this Act is passed.
(3)
Regulations under this section may include incidental, supplemental, transitional and saving provision.
(4)
A statutory instrument containing (whether alone or with other provision) regulations made in reliance on subsection (2) may not be made unless a draft of the statutory instrument containing them has been laid before, and approved by a resolution of, each House of Parliament.
(5)
Any other statutory instrument containing regulations under this section is subject to annulment in pursuance of a resolution of either House of Parliament.
Harbours
48Fees for applications for harbour orders
(1)
(2)
In paragraph 7(1) (things to accompany applications)—
(a)
after paragraph (a) insert “and”
;
(b)
omit paragraph (c) and the preceding “and”.
(3)
In paragraph 9 (duty not to consider application unless certain requirements met), omit sub-paragraph (a).
(4)
“Fees
9A
(1)
The Secretary of State may, by regulations, provide for fees to be payable by applicants for harbour revision orders.
(2)
Such regulations may—
(a)
provide for the amount of a fee to be determined by a method laid down in the regulations;
(b)
empower or require the Secretary of State not to take steps in relation to an application if a fee is not paid on time;
(c)
(d)
make incidental or supplemental provision;
(e)
make different provision for different purposes.”
(5)
“(7)
As to the power to make regulations under paragraph 9A of Schedule 3 (fees for applications)—
(a)
where the power is exercised by the Secretary of State—
(i)
the regulations are to be made by statutory instrument, and
(ii)
a statutory instrument containing such regulations is subject to annulment in pursuance of a resolution of either House of Parliament;
(b)
where the power is exercised by the Welsh Ministers (see section 17(2C))—
(i)
the regulations are to be made by statutory instrument, and
(ii)
a statutory instrument containing such regulations is subject to annulment in pursuance of a resolution of Senedd Cymru;
(c)
where the power is exercised by the Scottish Ministers (see section 17(2C)), the regulations are subject to the negative procedure (see section 28 of the Interpretation and Legislative Reform (Scotland) Act 2010).”
Electric vehicle charge points etc
49Installation of electric vehicle charge points
(1)
Section 48 of the New Roads and Street Works Act 1991 (streets, street works and undertakers) is amended as set out in subsections (2) to (5).
(2)
“(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).”
(3)
In subsection (3A), in the words before paragraph (a), after “(3)” insert “or (3ZA)”
.
(4)
In subsection (4)—
(a)
“—
(a)
in relation to street works mentioned in subsection (3),”;
(b)
“(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)
In subsection (5)—
(a)
“(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,”;
(b)
after (3) insert “or (3ZA)”
.
(6)
“—
(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).”
(7)
In section 105(1) of that Act (minor definitions)—
(a)
““public charge point” means a charge point within the meaning of Part 2 of the Automated and Electric Vehicles Act 2018 that is provided for use by members of the general public;”;
““street works permit” means a permit granted pursuant to a permit scheme prepared under Part 3 of the Traffic Management Act 2004;”;
(b)
“(a)
a right exercisable by virtue of a street works licence, or
(b)
a right, exercisable by virtue of a street works permit, to carry out street works described in section 48(3ZA).”
(8)
In section 106 of that Act (index of defined expressions)—
(a)
“public charge point
section 105(1)”;
“street works permit
section 105(1)”.
(b)
in the entry for “street works”, after “48(3)” insert “and (3ZA)”
.
(9)
In section 115E of the Highways Act 1980 (execution of works and use of objects etc. by persons other than councils)—
(a)
in subsection (1), for “(5)” substitute “(6)”
;
(b)
“(6)
A council may not under this section grant a person permission to do anything relating to a public charge point in England which is capable of being authorised by a street works permit or a street works licence.
(7)
In this section—
“public charge point” means a charge point within the meaning of Part 2 of the Automated and Electric Vehicles Act 2018 that is provided for use by members of the general public;
“street works permit” means a permit granted pursuant to a permit scheme prepared under Part 3 of the Traffic Management Act 2004.”
50Accessibility of public charging or refuelling points
“(5)
Regulations may impose requirements in connection with the accessibility of public charging or refuelling points in England, Wales and Scotland, such as requirements relating to—
(a)
the design of the point,
(b)
the location, placement or surroundings of the point, and
(c)
the provision of assistance in using the point.
(6)
Regulations under subsection (5) may prescribe requirements by reference to technical standards or specifications published by a person specified in the regulations (including standards or specifications as amended from time to time).
(7)
Regulations under subsection (5) may impose requirements on any person, including—
(a)
persons making, supplying, importing, operating or installing public charging or refuelling points;
(b)
the owners or occupiers of land on which public charging or refuelling points are situated.
(8)
Regulations under subsection (5) may not impose requirements on owners or occupiers of domestic premises.”