New Roads and Street Works Act 1991 (c. 22)
1991 c. 22 - continued

back to previous page
Part I
New Roads in England and Wales
  Clauses 1 to 24 concern the provision of new roads in England and Wales, particularly by way of an agreement with a private sector concessionaire who will design, build, finance and operate the road in return for the right to collect tolls.
  Clause 1 defines the term "concession agreement", requires such agreements to contain certain provisions, and requires the Secretary of State to report to Parliament as to the agreements entered into by him and the roads provided under them. Clause 2 provides that under a concession agreement certain highway functions may be exercised by the concessionaire in place of the highway authority. The highway authority will be able to exercise them only in an emergency, in the interests of safety, or in default. Clause 3 provides for traffic regulation on roads subject to a concession. Clause 4 provides for the leasing of land to the concessionaire and excludes certain statutory restrictions which would otherwise apply. Clause 5 and Schedule 1 make provision for the termination of the concession; where this occurs before the end of the toll period, the highway authority must attempt to let a new concession.
  Clauses 6 to 17 concern procedures for authorising and enforcing tolls. Clause 6 enables the Secretary of State to make (or, where the order is made by a local highway authority, confirm) an order authorising a concessionaire or the highway authority to charge tolls on a new road. Schedule 2 sets out the procedure for such orders, which corresponds to, and is to be taken concurrently with, the procedure for authorising the road.
  Clause 7 requires a toll order to specify or determine a period within which tolls are chargeable. Clauses 8 and 9 provide for certain toll orders to specify the maximum tolls which may be charged.
  Clause 10 brings the provision of a toll road within the scope of fair trading legislation. Clause 11 provides for the variation or revocation of toll orders. Clause 12 provides for the extension of tolling, by the highway authority, beyond the toll period on a road which has been subject to a concession. Clause 13 makes detailed provision for the charging of, and exemptions from, tolls.
  Clause 14 empowers the Secretary of State to make regulations with respect to the collection of tolls and lays down a penalty for demanding tolls contrary to the procedures. Clause 15 creates an offence of refusal or failure to pay tolls and authorises a toll collector to refuse passage to a defaulter and, if necessary, remove the vehicle.
  Clause 16 provides for the authorisation of facilities for collecting tolls.
  Clause 17 prohibits the construction of any highway or private access connecting with a toll road unless the highway authority and (where applicable) the concessionaire consent.
  Clause 18 makes minor amendments to the provisions for classification of traffic on special roads under the Highways Act 1980. Clause 19 provides that a special road for which the Secretary of State is highway authority need not necessarily be a trunk road.
  Clause 20 enables the Secretary of State to adopt private roads as trunk roads in a single procedure.
  Clause 21 reforms and extends the provisions of the Highways Act 1980 relating to the execution by a highway authority of works for which another person is paying.
  Clause 22 enables traffic orders to be made before a road is open, so as to come into force immediately on opening.
  Clause 23 applies various provisions of the Highways Act 1980 as if this Part were a part of that Act. Clause 24 contains interpretative provisions for Part I.
  continueprevious sectioncontents
  Other UK Acts | Home | Scotland Legislation | Wales Legislation | Northern Ireland Legislation | Her Majesty's Stationery Office

We welcome your comments on this site
© Crown copyright 1991
Prepared 20th September 2000