Legislation – Planning and Infrastructure Act 2025

“Transport functions relating to new towns in England

9AExercise of transport functions

(1)

A relevant transport authority must—

(a)

have regard to any plans published or shared with the authority by an English new town development corporation that may be relevant to the exercise of the authority’s functions, and

(b)

co-operate with an English new town development corporation in the development and implementation of the corporation’s plans.

(2)

If the Secretary of State considers that a relevant transport authority has failed to comply with the duty in subsection (1), the Secretary of State may direct the authority to exercise its functions in such a way as to comply with that duty.

(3)

If a relevant transport authority fails to comply with a direction under subsection (2), the Secretary of State may by regulations provide for any function of the transport authority that has an effect on the area of the new town for which the development corporation was established to be exercisable by the development corporation.

(4)

Regulations under subsection (3) may make provision for the function to be exercisable by the development corporation either generally or subject to such conditions or limitations as may be specified in the regulations.

(5)

Regulations under subsection (3) may make provision for the function to be exercisable by the development corporation—

(a)

instead of by the relevant transport authority,

(b)

concurrently with the relevant transport authority, or

(c)

jointly with the relevant transport authority.

(6)

Regulations under subsection (3) may—

(a)

make different provision for different purposes;

(b)

include consequential, supplementary, incidental, transitional or saving provision.

(7)

The Secretary of State may, in connection with regulations under subsection (3), make one or more schemes for the transfer of property, rights and liabilities between the corporation and the relevant transport authority to which the regulations relate (see also section 9B (transfer schemes: general provisions)).

(8)

In this section—

“English new town development corporation” means a new town development corporation established for the purposes of a new town in England;

“relevant transport authority” means any of the following for an area in England—

(a)

a local transport authority within the meaning of Part 2 of the Transport Act 2000 (see section 108(4) of that Act),

(b)

a local highway authority within the meaning of the Highways Act 1980 (see section 329 of that Act), or

(c)

a local traffic authority within the meaning of the Road Traffic Regulation Act 1984 (see section 121A(5) of that Act).

Transfer schemes: general

9BTransfer schemes under sections 1 and 9A: general provisions

(1)

In this section “transfer scheme” means a scheme under section 1(3ZD) or 9A(7).

(2)

The things that may be transferred under a transfer scheme include—

(a)

property, rights and liabilities that could not otherwise be transferred, and

(b)

property acquired, and rights and liabilities arising, after the making of the scheme.

(3)

A transfer scheme may—

(a)

create rights, or impose liabilities, in relation to property or rights transferred;

(b)

make provision about the continuing effect of things done by, on behalf of or in relation to the transferor in respect of anything transferred;

(c)

make provision about the continuation of things (including legal proceedings) in the process of being done by, on behalf of or in relation to the transferor in respect of anything transferred;

(d)

make provision for references to the transferor in an instrument or other document in respect of anything transferred to be treated as references to the new regulator;

(e)

make provision for the shared ownership or use of property;

(f)

make provision which is the same as or similar to the TUPE regulations;

(g)

make other consequential, supplementary, incidental or transitional provision.

(4)

A transfer scheme may provide—

(a)

for modifications by agreement;

(b)

for modifications to have effect from the date when the original scheme came into effect.

(5)

In subsection (3)(f), “the TUPE regulations” means the Transfer of Undertakings (Protection of Employment) Regulations 2006 (S.I. 2006/246).

(6)

For the purposes of this section—

(a)

references to rights and liabilities include rights and liabilities relating to a contract of employment;

(b)

references to the transfer of property include the grant of a lease.”

“Transport functions relating to urban development areas in England

140AExercise of transport functions

(1)

A relevant transport authority must—

(a)

have regard to any plans published or shared with the authority by an English urban development corporation that may be relevant to the exercise of the authority’s functions, and

(b)

co-operate with an English urban development corporation in the development and implementation of the corporation’s plans.

(2)

If the Secretary of State considers that a relevant transport authority has failed to comply with the duty in subsection (1), the Secretary of State may direct the authority to exercise its functions in such a way as to comply with that duty.

(3)

If a relevant transport authority fails to comply with a direction under subsection (2), the Secretary of State may by regulations provide for any function of the transport authority that has an effect on the urban development area for which the urban development corporation was established to be exercisable by the development corporation.

(4)

Regulations under subsection (3) may make provision for the function to be exercisable by the development corporation either generally or subject to such conditions or limitations as may be specified in the regulations.

(5)

Regulations under subsection (3) may make provision for the function to be exercisable by the development corporation—

(a)

instead of by the relevant transport authority,

(b)

concurrently with the relevant transport authority, or

(c)

jointly with the relevant transport authority.

(6)

Regulations under subsection (3)—

(a)

are to be made by statutory instrument;

(b)

may make different provision for different purposes;

(c)

may include consequential, supplementary, incidental, transitional or saving provision.

(7)

A statutory instrument containing regulations under this section is subject to annulment in pursuance of a resolution of either House of Parliament.

(8)

The Secretary of State may, in connection with regulations under subsection (3), make one or more schemes for the transfer of property, rights and liabilities between the corporation and the relevant transport authority to which the regulations relate (see also section 140B (transfer schemes: general provisions)).

(9)

In this section—

“English urban development corporation” means an urban development corporation established for the purposes of an urban development area in England;

“relevant transport authority” means any of the following for an area in England—

(a)

a local transport authority within the meaning of Part 2 of the Transport Act 2000 (see section 108(4) of that Act),

(b)

a local highway authority within the meaning of the Highways Act 1980 (see section 329 of that Act), or

(c)

a local traffic authority within the meaning of the Road Traffic Regulation Act 1984 (see section 121A(5) of that Act).

Transfer schemes: general

140BTransfer schemes under sections 134 and 140A: general provisions

(1)

In this section “transfer scheme” means a scheme under section 134(1G) or 140A(8).

(2)

The things that may be transferred under a transfer scheme include—

(a)

property, rights and liabilities that could not otherwise be transferred, and

(b)

property acquired, and rights and liabilities arising, after the making of the scheme.

(3)

A transfer scheme may—

(a)

create rights, or impose liabilities, in relation to property or rights transferred;

(b)

make provision about the continuing effect of things done by, on behalf of or in relation to the transferor in respect of anything transferred;

(c)

make provision about the continuation of things (including legal proceedings) in the process of being done by, on behalf of or in relation to the transferor in respect of anything transferred;

(d)

make provision for references to the transferor in an instrument or other document in respect of anything transferred to be treated as references to the new regulator;

(e)

make provision for the shared ownership or use of property;

(f)

make provision which is the same as or similar to the TUPE regulations;

(g)

make other consequential, supplementary, incidental or transitional provision.

(4)

A transfer scheme may provide—

(a)

for modifications by agreement;

(b)

for modifications to have effect from the date when the original scheme came into effect.

(5)

In subsection (3)(f), “the TUPE regulations” means the Transfer of Undertakings (Protection of Employment) Regulations 2006 (S.I. 2006/246).

(6)

For the purposes of this section—

(a)

references to rights and liabilities include rights and liabilities relating to a contract of employment;

(b)

references to the transfer of property include the grant of a lease.”