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)”.