Strategic Highways Company (Name Change and Consequential Amendments) Regulations 2023

Lord Berkeley Excerpts

Monday 5th June 2023 Grand Committee

[The Parliamentary Under-Secretary of State, Department for Transport (Baroness Vere of Norbiton) (Con)]

My Lords, these draft regulations were laid before Parliament on 24 April. They make consequential changes to five pieces of legislation to reflect the change in name for the strategic highways company from Highways England to National Highways.

The change in name was announced in August 2021. National Highways has completed a range of administrative, legal and digital changes to implement its name. The name National Highways better reflects the company’s focus on delivering the Government’s roads investment programme while continuing to set highways standards for the whole of the UK. It also makes clear the distinction between local roads, which are the responsibility of local authorities, and the strategic road network, for which National Highways is responsible.

The legislation to be amended was identified by a legal analysis of the almost 100 references in legislation to the previous name, Highways England. A large number of references do not require amendment. These are development consent orders or other local orders that are similar in nature, such as traffic orders. These orders often do not have an express expiry date but are of limited application and cease to have any practical effect once an action or development is complete. Most of these entries reference National Highways’ company number, which also further reduces any risk.

As a result, just five pieces of legislation were identified for amendment via this SI. They are where there is the most risk of ambiguity or confusion arising over time, should the old name remain. The legislation is as follows: first, the Appointment of a Strategic Highways Company Order 2015; secondly, the Infrastructure Act 2015 (Strategic Highways Companies) (Consequential, Transitional and Savings Provisions) Regulations 2015; thirdly, the Equality Act 2010; fourthly, the Equality Act 2010 (Specific Duties and Public Authorities) Regulations 2017; and, finally, the Local Transport Act 2008.

Where possible, the amendments will future-proof the legislation against any future name changes that may occur. This is being done for three of the five pieces of legislation being amended by inserting a reference to:

“A strategic highways company appointed under section 1 of the Infrastructure Act 2015”,


instead of a potentially time-limited reference to National Highways.

To conclude, these draft regulations will make consequential changes to a small number of references to Highways England, identified by a legal analysis as those most at risk of ambiguity or confusion over time. Where possible, the amended wording has been future-proofed. I beg to move.

[Lord Berkeley (Lab)]

My Lords, I am grateful to the Minister for introducing these very interesting draft regulations. I have a few questions to ask her, which I am sure she will not be surprised about.

The main question is: how much is this change going to cost? It obviously has costs in regulation time, but I imagine that there are signs all around the network saying how clever the Highways Agency is. It will have to have new signs there and on much other documentation, so it would be nice to know how much all this is going to cost.

My other main question relates to the purpose of changing the name of the Highways England Company to National Highways. Which nation are we talking about? Is it the United Kingdom of Great Britain and Northern Ireland? Is it Great Britain—in other words, England, Scotland and Wales? Is it England and Wales, or what? There seem to be one or two differences in the references in the Schedule referred to in these regulations.