Levelling-up and Regeneration Act 2023

63Functions in respect of key route network roadsE+W

(1)The Local Democracy, Economic Development and Construction Act 2009 is amended as follows.

(2)In section 104, in subsection (10), for “An” substitute “Except as provided for by section 107ZA(7), an”.

(3)In section 107D, in subsection (9), for “An” substitute “Except as provided for by section 107ZA(7), an”.

(4)After section 107 insert—

“Combined authorities: key route network roadsE+W

107ZADesignation of key route network roads

(1)A combined authority may designate a highway or proposed highway in its area as a key route network road, or remove its designation as a key route network road, with the consent of—

(a)each constituent council in whose area the highway or proposed highway is, and

(b)in the case of a mayoral combined authority, the mayor.

(2)The Secretary of State may designate a highway or proposed highway in the area of a combined authority as a key route network road, or remove its designation as a key route network road, if requested to do so by—

(a)the combined authority,

(b)the mayor (if any) of the combined authority, or

(c)a constituent council.

(3)A designation or removal under this section must be in writing and must state when it comes into effect.

(4)The Secretary of State must send a copy of a designation or removal under subsection (2) to the combined authority in question at least 7 days before the date on which it comes into effect.

(5)A combined authority must publish each designation or removal under this section of a key route network road within its area before the date on which it comes into effect.

(6)A combined authority that has key route network roads in its area must keep a list or map (or both) accessible to the public showing those roads.

(7)The requirements in section 104(10) and section 107D(9)(a) do not apply to provision under section 104(1)(d) and section 107D(1) contained in the same instrument so far as that provision—

(a)confers a power of direction on an existing mayoral combined authority regarding the exercise of an eligible power in respect of key route network roads in the area of that combined authority,

(b)provides for that power of direction to be exercisable only by the mayor of the combined authority, and

(c)is made with the consent of the mayor after the mayor has consulted the constituent councils.

(8)When a mayor consents under subsection (7)(c), the mayor must give the Secretary of State—

(a)a statement by the mayor that all of the constituent councils agree to the making of the order, or

(b)if the mayor is unable to make that statement, the reasons why the mayor considers the order should be made even though not all of the constituent councils agree to it being made.

(9)In this section—

• “constituent council” has the meaning given in section 104(11);

• “eligible power” has the meaning given by section 88(2) of the Local Transport Act 2008;

• “key route network road” means a highway or proposed highway designated for the time being under this section as a key route network road;

• “proposed highway” means land on which, in accordance with plans made by a highway authority, that authority are for the time being constructing or intending to construct a highway shown in the plans.”