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

Baroness Vere of Norbiton Excerpts

Monday 5th June 2023 Grand Committee

Moved by

[Baroness Vere of Norbiton]

That the Grand Committee do consider the Strategic Highways Company (Name Change and Consequential Amendments) Regulations 2023

Relevant document: 38th Report from the Secondary Legislation Scrutiny 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.

--- Later in debate ---

[Baroness Taylor of Stevenage (Lab)]

My Lords, I am grateful to the noble Baroness and noble Lord who have contributed to the debate, and to the Minister for her clear explanation, at least of the purpose of the regulations. On the face of it, as the noble Baroness, Lady Humphreys, said, this is a fairly straightforward process of updating a number of pieces of legislation with the current name of National Highways, and we would not want to object to the statutory instrument from that point of view.

However, I pick up on some of the questions that have been asked previously but on which I could not trace any detailed answer from Ministers in the other place or your Lordships’ House. First, my noble friend Lord Berkeley referred to the change from Highways England and set out some of the confusion that might arise because different descriptions are used in different pieces of legislation. In different countries of the UK, different names apply. That is very confusing. The noble Baroness, Lady Humphreys, also referred to that. It seems blindingly obvious to me that National Highways England would have been a better name. She also referred to the rationale for the change being rather weak. I agreed with that when I read the explanation.

The Secondary Legislation Scrutiny Committee suggested that the Minister may wish to explain the name, given that “national” is confusing for an organisation focused on only one nation of the UK. I hope the Minister will give us a full explanation so that we can all understand how it applies to different pieces of highways legislation that reflect different parts of the UK.

Secondly, it was my experience in local government that the new name of the agency is not commonly known, resulting in the term Highways England still being in very common usage. Do the Government intend to do anything further to communicate the change of name once the situation between the four nations has been clarified?

The regulations have the stated aim of future-proofing the legislation against any future name changes. Does the Minister have any plans to update other legislation to future-proof against potential name changes of other bodies? We have heard a couple of suggestions: we might have National Highways Wales or National Highways Scotland. Your Lordships will appreciate that I ask this question because we all know that name changes and subsequent rebranding come at considerable cost. The Minister referred to digital, legal, administrative and communication costs, and so on, and my noble friend Lord Berkeley also referred to them.

Lastly, I note that the Minister said that road traffic orders will not be changed. Presumably, this means that local authorities need have no concerns about any legal challenges that might arise as a result of the fact that the name of the agency has now changed. Those are my questions; I thank the Minister.

[Baroness Vere of Norbiton (Con)]

My Lords, I am enormously grateful for noble Lords’ contributions in this brief debate on this statutory instrument. I will do my best to answer their questions and perhaps address some of the ideas that have come forward in this Grand Committee about other names that might have been used; I am afraid that I do not agree with noble Lords there.

I turn first to cost, which was mentioned by the noble Lord, Lord Berkeley. National Highways met the cost of the name change from within its budget and kept costs to a minimum. There has been no “big bang” rebranding, as there was never intended to be and there does not need to be. Existing items and assets such as uniforms and fleet vehicles will continue to use the old branding until they reach their end of life. We estimate the total cost of the change to be around £312,000.

The noble Baroness, Lady Taylor, asked whether it matters that this change is not commonly known. From my experience in my several years as Roads Minister, it is becoming known and will feed out into the system. It is not the end of the world if somebody calls National Highways “Highways England”. Indeed, this leads back to the rationale for this statutory instrument. It does not bring about the name change; the name change happened at Companies House.

The noble Baroness, Lady Humphreys, talked about a new organisation. There is no new organisation. Exactly the same organisation exists, with exactly the same company number as exists in many long-term contracts and other such things that are held by the organisation. I assure the noble Baroness, Lady Taylor, that things like TROs—traffic regulation orders—DCOs and other local orders will continue to be valid.

Basically, the legal assessment is that it is clear from Companies House that the name change has been made. Let us project ourselves 15 or 20 years down the road to when some of your Lordships—including me—are perhaps no longer in our roles. People might say, “Hang on a minute, what’s this Highways England?” That is why we are doing this; it is for many years hence rather than for now. We do not believe that there is any significant risk of there being legal challenges because the name change sits in Companies House and will say “formerly known as Highways England” there. So that exists, but one never knows what will happen in the future.

I turn back to the rationale for doing this, which brings in many of the questions asked by the noble Lord, Lord Berkeley—indeed, by all speakers. Noble Lords asked, “Why did you do it? Surely Highways England does England”. That is not right, which is the point that we were trying to get across in the Explanatory Memorandum and that I tried to get across in my opening remarks. National Highways does a large number of things and is hugely respected. It has a different remit in different pieces of legislation. However, it does an awful lot of non-statutory work as well.

For example, I am perfectly comfortable calling National Highways “national” because it develops highway standards that are used across the UK. It is leading the way on the delivery of greener roads; that information is used by all parts of the UK. It is also developing road infrastructure standards for the connected and autonomous era, which refers to self-driving vehicles. Again, that sort of work will be used throughout the UK. I am not suggesting at all that, any minute now, National Highways will take over the strategic road network—or anything else—in Wales or Scotland. I am saying that what it does and has done for a long time is work closely with the devolved Administrations to ensure that we do not have completely different standards in different parts of the United Kingdom because, clearly, that would not be particularly positive.

Again, this is all about collaboration when it comes to strategic roads, which do not end at a specific border. It is the case that the A1 switches over to Transport Scotland as it crosses the border but that does not mean that we have to dismiss the work that National Highways does in many other really important statutory and non-statutory areas and suddenly get a bit funny about the name. That is why “National Highways England” does not work. It is not about just England; that is the whole point.

As I have explained, there is no change to National Highways’ remit or Welsh devolution and no new organisation. The only thing that is new is the name. We are bringing this measure in purely so that, many years down the track and in the mists of time, people do not get confused when they look at something that says “Highways England” and wonder. We just want to make sure that that is not the case.

There are two pieces of legislation that we have been unable to future-proof. Should National Highways change its name again—I very much hope that it does not—those two pieces of legislation would need to be amended. However, as I say, I suspect that the chances of that happening are relatively limited.

[Baroness Taylor of Stevenage (Lab)]

Before the Minister sits down, can I ask about the questions that we raised on Scotland and Wales? Will National Highways have a different remit in those nations of the UK? I understand the point about it doing certain things across the UK—the Minister mentioned highway standards, greener roads and infrastructure standards—but it will presumably have different roles for the management of roads in Wales and Scotland than it has in England. That is where confusion is likely to occur. Will we end up having more secondary legislation that clearly sets that out?

[Baroness Vere of Norbiton (Con)]

It has absolutely no role in the management of roads in Scotland and Wales. It never has had and never will have. I commend this instrument to the Committee.

Motion agreed.