Stay up-to-date with topical news and legislation from The Compliance People. Selected updates direct to your inbox.
Jurisdiction: England & Wales
Commencement: 6th April 2023
Amends: Highways Act 1980 (c. 66)
The Highways Act 1980 (c. 66) sets out powers of different classes of highway authorities. It defines their powers for the creation and maintenance of highways, their adoption and recovery of costs, control over interference with the highway, stopping up and regulation of use.
Section 161 covers the offence for lighting a fire not on a highway, but which subsequently causes interference with the highway.
Duties
The Highways Act does not apply to highways constructed using Channel Tunnel Rail Link Act 1996 (CTRL Act) powers as CTRL Act authorised the construction, alteration and stopping up of highways. The CTRL Act sets out the protective provisions for the local highway authority in relation to the approval of designs and specificiactions, consents to works and adoption of highways, highways structures and other highway features. CTRL Act disapplies paragraphs 141 (planting near to the highway), 167 (retaining wall near to highways), 169/1 scaffolding over or adjoining a highway.
In order to ensure continuity across legislation, technical changes are made.
The relevant authority* is required to notify the street works authority when it grants approval for a building application where the building is in an advance payments code area**.
Welsh Ministers are now provided with their own power to make amendments for Wales.
*The relevant authority is either the Building Safety Regulator or the local authority.
**An advance payment code area is an area where building developers are required to pay a fee to cover costs in case the development is not up to standards.
There are no changes to duties for organisations; the duties are held by the local authority.
The Legislation Update Service is the best way to stay up to date automatically with legislation in England, Wales, Scotland, Northern Ireland and the Republic of Ireland.
Sign up for your free trial to get instant access.
Jurisdiction: Great Britain
Commencement: 7th December 2022
Amends: The Environment Act 1995 (1995 c.25) – Part IV National Air Quality Strategy
The Environment Act 1995 introduced the idea of a National Air Quality Strategy to be prepared by the Secretary of State with requirements on Local Authorities to review local air quality for 7 pollutants and to adopt action plans to achieve air quality targets.
The Commencement Order as of 23 December 1997 implements various sections of the Environment Act 1995, Part IV relating to the role of Local Authorities in the management of air quality.
The Secretary of State has published a statement containing policies to assess and manage air quality. The statement includes standards relating to air quality objectives, including restrictions for the emission of particular substances, and measures to be taken by Local Authorities and others (the public, householders, vehicle owners, industry and commerce).
Local Authorities are required to survey and report air quality in their areas, this includes making a prediction of likely air quality level in the future. Local Authorities are empowered to establish Air Quality Management Areas where air quality standards are not, or are not likely to be met. Where this is the case an action plan must be produced setting out how standards will be met. Local Authorities are then able to use all exercisable powers in order to achieve objectives.
The Environment Agency must also have regard to the National Air Quality Strategy when carrying out its duties.
Although industry is not directly affected by this legislation regard must be had of indirect implications. Where air quality standards are not being met in an area, then the Local Authority will be under an obligation to reverse this trend using any exercisable powers. This may include increased restrictions or limits on industrial emissions to atmosphere.
National Highways is designated as the relevant public authority in relation to Part 4 (Air Quality) of the Environment Act 1995.
There are no changes to duties for organisations.
The Legislation Update Service is the best way to stay up to date automatically with legislation in England, Wales, Scotland, Northern Ireland and the Republic of Ireland.
Sign up for your free trial to get instant access.
Jurisdiction: England, Scotland, Wales
Commencement: IP completion day
Amends:
1) Harbours Act 1964
The Harbours Act 1964 sets out the requirements for harbour revision orders and harbour empowerment orders.
Harbour revision orders are used to change the legislation governing the management of a harbour. Harbour empowerment orders are mainly concerned with building new harbours and or creating harbour authorities responsible for improving, maintaining and managing them.
2) Highways Act 1980
The Highways Act 1980 sets out powers of different classes of highway authorities. It defines their powers for the creation and maintenance of highways, their adoption and recovery of costs, control over interference with the highway, stopping up and regulation of use.
1) Amendment of the Harbours Act 1964 (c.40)
These Regulations come into force on the day the UK leaves the European Union (EU). The 1964 Act is amended to ensure that the processes and procedures for undertaking environmental impact assessments (EIAs) for major harbour schemes will continue to work effectively following the UK’s exit from the EU.
References to EU legislation and institutions are replaced; specifically ‘Member States’ are changed to ‘Secretary of State’, references to ‘Union law’ are changed to ‘retained EU law’ and references to European Economic Area (EEA) are amended to reflect that the UK will no longer be a member of the EEA. There are no changes made to the environmental impact assessment (EIA) regimes for major harbour schemes in Great Britain.
Note that legislation expressed as coming into force on ‘exit day’ (31st January 2020), has been postponed until the end of the ‘implementation period’ (i.e. the transition period which follows Brexit). This postponement is made by Schedule 5 of the European Union (Withdrawal Agreement) Act 2020 [2020 Chapter 1]. Therefore, any provisions expressed above as coming into force on ‘exit day’ will not now come into force until the end of the ‘implementation period’.
2) Amendment of the Highways Act 1980 (c.66)
These Regulations come into force on the day the UK leaves the European Union (EU). The 1980 Act is amended to ensure that the processes and procedures for undertaking environmental impact assessments (EIAs) for major road schemes will continue to work effectively following the UK’s exit from the EU.
References to EU legislation and institutions are replaced; specifically ‘Member States’ are changed to ‘Secretary of State’, references to ‘Union law’ are changed to ‘retained EU law’ and references to European Economic Area (EEA) are amended to reflect that the UK will no longer be a member of the EEA. There are no changes made to the environmental impact assessment (EIA) regimes for major road schemes in England and Wales.
Note that legislation expressed as coming into force on ‘exit day’ (31st January 2020), has been postponed until the end of the ‘implementation period’ (i.e. the transition period which follows Brexit). This postponement is made by Schedule 5 of the European Union (Withdrawal Agreement) Act 2020 [2020 Chapter 1]. Therefore, any provisions expressed above as coming into force on ‘exit day’ will not now come into force until the end of the ‘implementation period’.
The Legislation Update Service is the best way to stay up to date automatically with legislation in England, Wales, Scotland, Northern Ireland and the Republic of Ireland.
Sign up for your free trial to get instant access.
Stay up-to-date with topical news and legislation from The Compliance People. Selected updates direct to your inbox.
Call us on 01254 669002