The Infrastructure Act 2015 (Strategic Highways Companies) (Consequential, Transitional and Savings Provisions) Regulations 2015

Transitional provisions: general

4.—(1) The appointment does not affect the validity of anything done (or having effect as if done) by or in relation to the Secretary of State before the appointment.

(2) Anything (including the conduct of legal proceedings) which, immediately before the appointment, is in the process of being done by or in relation to the Secretary of State may, so far as it relates to a transferred function, be continued by or in relation to the company.

(3) Anything done (or having effect as if done) by or in relation to the Secretary of State for the purposes of or in connection with a transferred function has effect, so far as necessary for continuing its effect after the appointment, as if done by or in relation to the company.

(4) Any enactment, instrument or other document passed or made before the appointment has effect, so far as necessary for the purposes of or in consequence of paragraph (2) or (3), as if references to the Secretary of State (and references which are to be read as references to the Secretary of State) were references to the company.

(5) The references in paragraphs (2) and (3) to things done include references to things omitted to be done.

(6) Paragraphs (2) to (4) are subject to any matter dealt with by a transfer scheme made under section 15 of the 2015 Act.

(7) This regulation is subject to regulations 5 and 6.

(8) In this regulation “transferred function” means a function transferred from the Secretary of State to the company as a result of the appointment(1).

(1)

See S.I. 2015/376. As a result of its appointment the company became the highway authority for the highways specified in that Order. Consequently certain statutory functions previously exercised by the Secretary of State in relation to those highways were transferred to the company.