Highways Agency (Hansard, 18 April 1996)

§ Mr. Watts

I have asked the chief executive of the Highways Agency to write to the hon. Member.

Letter from Lawrie Haynes to Mr. Gordon Prentice, dated 18 April 1996: The Secretary of State for Transport has asked me to reply to your recent question concerning the statutory authority under which local authorities may contract with the Highways Agency to carry out work on the Agency's behalf. The Secretary of State for Transport ("the Secretary of State") is responsible for the provision and maintenance of a trunk road network (including motorways) throughout England. All contracts arranged by the Highways Agency are arranged on behalf of, and entered into by, the Secretary of State. Also it should be noted that local authorities as creatures of statute are only permitted to carry out those functions which are expressly conferred on them by statute. At present there are two principal statutory provisions which empower local authorities to contract with the Secretary of State to carry out his trunk road functions. The first of these is section 6(1) of the Highways Act ("the 1980 Act"), the second, section 6(5) of the Act. Section 6(1) of the 1980 Act enables a local authority (which is a local highway authority) to enter into an agreement with the Secretary of State under which the Secretary of State delegates his functions in respect of maintenance, improvement and certain other dealings in relation to trunk roads, to the local highway authority. Under such a "delegation of functions" agreement, the local highway authority assumes responsibility for the maintenance, and improvement and other related matters subject to the terms of the agreement and the conditions set out in section 6. (Local highways authorities are local authorities which are county councils, district councils which are unitary councils, metropolitan district councils or London borough councils). Section 6(5) of the 1980 Act enables a local highway authority to enter into an agreement with the Secretary of State for specific trunk road works—eg, the construction or improvement by the local highway authority of a trunk road. Section 6(5) does not cover specific works of maintenance. Local highway authorities (and other councils) also have power to enter into contracts with the Secretary of State to carry out the Secretary of State's work under the following provisions of the 1980 Act: Section 9 enables a council to enter into an agreement with the Secretary of State to second staff and equipment to the Secretary of State for the purposes of carrying out his work in connection with trunk roads; 560W Section 89 enables the Secretary of State to enter into an agreement with a local highway authority to delegate his functions in relation to the provision and removal of cattle grids to the local highway authority; Section 90(3) enables a local highway authority and the Secretary of State to enter into an agreement for the local highway authority to construct road humps which the Secretary of State has power to construct; Section 98 enables a local authority which is a lighting authority, to enter into an agreement with the Secretary of State under which the Secretary of State delegates his functions of lighting a trunk road, to the local authority; Section 113 enables a council to enter into an agreement with the Secretary of State under which the Secretary of State delegates all or any of his functions with respect to the provision or management of a trunk road picnic area or of public sanitary conveniences to the council; and Section 115 enables a council to enter into an agreement with the Secretary of State under which the Secretary of State delegates his functions in relation to trunk road lorry parking areas to the council. In addition to the above provisions, section 4 and 5 of the 1980 Act empower a local highway authority to contract with the Secretary of State primarily to agree who will have responsibility for dealing with particular roads—as they are not strictly powers enabling a local highway authority to carry out the Secretary of State's highway work for him they do not merit more than a passing reference.) Since 14th March 1996, local highway authorities have had power to contract with the Secretary of State (subject to specified conditions) to carry out maintenance works on certain trunk roads and provide technical, administrative, or professional services in connection with such trunk roads. The trunk roads which are the subject of such contracts are trunk roads which have been, or are, the subject of a DBFO scheme. (A DBFO scheme is a scheme where a contractor agrees to design, build, finance and operate and maintain a trunk road sometimes for a period of up to 30 years). These contracting powers are set out in article 3, 6 and 7 of the Local Authorities (Goods and Services) (Public Bodies) (Trunk Roads) Order 1996 S.I. 1996/342. These provisions designate the Secretary of State as a "public body" (subject to specified restrictions) under the Local Authorities (Goods and Services) Act 1970. The effect of the designation is to allow local highway authorities additional powers to contract with the Secretary of State for the purposes described above. It may be helpful to add that as from July 1996, the Secretary of State is hoping (subject to comments received from a consultation exercise) to make a further order under the Local Authorities (Goods and Services) Act 1970. The proposed Order will further expand the contracting powers of local highway authorities by designating the Secretary of State as a "public body" once again but this time in relation to trunk roads not covered by the earlier order (which applied only in the context of DBFO schemes). The proposed Order will enable local highway authorities to enter into contracts with the Secretary of State for carrying out works of maintenance on all other trunk roads—for example, maintenance term and works contracts. In addition it will also enable local highway authorities to enter into the other types of contract permitted under the Local Authorities (Goods and Services) Act 1970 with the Secretary of State—for example, the provision of technical, administrative and professional services in connection with such other trunk roads.