Section 22 — Highways and traffic functions: regulations conferring power to give directions

(1) [F1 The Secretary of State may by regulations—]

(a) [F1 confer on a non-mayoral CCA a power to give a direction about the exercise of an eligible power;]

(b) [F1 confer on a mayoral CCA a power to give a direction about the exercise of an eligible power in relation to roads that are not key route network roads (see section 24).]

(2) An “eligible power” means a power of a county council or a unitary district council which the council has—

(a) as highway authority by virtue of section 1 of the Highways Act 1980, or

(b) as traffic authority by virtue of section 121A of the Road Traffic Regulation Act 1984.

(3) In this section references to a power do not include a reference to a duty.

(4) A power of direction under this section must relate only to the exercise of an eligible power in—

(a) the area of the CCA, and

(b) the area of the authority subject to the direction.

(5) A power of direction under this section must relate only to the exercise of an eligible power in respect of—

(a) a particular road (whether or not specified in the regulations), or

(b) a description of road (whether or not specified in the regulations).

(6) [F2 In subsection (5) “road”—]

(a) [F2 in the case of a power of direction under subsection (1)(a), has the meaning given by section 142(1) of the Road Traffic Regulation Act 1984;]

(b) [F2 in the case of a power of direction under subsection (1)(b), means a road that is not a key route network road;]

(c) [F2 in either case, does not include any road which is the subject of a concession agreement under Part 1 of the New Roads and Street Works Act 1991.]

(7) A power of direction under this section must relate only to any one or more of—

(a) the provision of information about the exercise of an eligible power which the authority subject to the direction has or might reasonably be expected to acquire;

(b) the imposition on such an authority of requirements relating to procedures to be followed prior to the exercise of an eligible power;

(c) the imposition on such an authority of requirements relating to the obtaining of consent prior to the exercise of an eligible power;

(d) the imposition on such an authority of conditions subject to which an eligible power may be exercised (including conditions relating to the times at which, and the manner in which, an eligible power may be exercised);

(e) a requirement to exercise an eligible power (including a requirement to exercise an eligible power subject to conditions);

(f) a prohibition on the exercise of an eligible power.

(8) A power of direction under this section may be conferred subject to conditions.

(9) Any direction given by virtue of this section—

(a) must be given in writing and may be varied or revoked by a further direction in writing, and

(b) may make different provision for different cases and different provision for different areas.

(9A) [F3 Before giving a direction under this section, a mayor or CCA must have regard to the following—]

(a) [F3 the network management duty imposed by section 16 of the Traffic Management Act 2004;]

(b) [F3 the duty imposed by section 17 of that Act (duty to make arrangements for planning and carrying out action to be taken in performing the network management duty);]

(c) [F3 any guidance issued under section 18 of that Act;]

(d) [F3 any guidance issued under section 55 of this Act.]

(9B) [F3 On the day on which a mayor or CCA gives a direction under this section, the mayor or CCA must publish a copy of the direction in such manner as the mayor or CCA considers appropriate.]

(9C) [F3 If a mayor of a CCA gives a direction under this section, the mayor must reimburse any costs incurred by a council in complying with the direction (including administrative costs incurred in dealing with the direction).]

(10) If regulations under subsection (1) make provision for a direction by virtue of subsection (7)(e), the regulations must make provision for the direction not to have effect unless the CCA meets the cost of complying with the direction.

(11) [F4 Regulations under subsection (1) may be made in relation to an existing CCA only with the consent of—];

(a) the constituent councils, and

(b) ... the CCA.

(12) [F5 Subsection (11) does not apply where a proposal to make the regulations has been submitted to the Secretary of State in accordance with section 47 (proposal for changes to existing arrangements relating to CCA - locally led).]

Amendment notes

1. F1 S. 22(1) substituted (29.4.2026) by English Devolution and Community Empowerment Act 2026 (c. 23), s. 108(1)(3), Sch. 11 para. 3(3) (with s. 102)
2. F2 S. 22(6) substituted (29.4.2026) by English Devolution and Community Empowerment Act 2026 (c. 23), s. 108(1)(3), Sch. 11 para. 3(4) (with s. 102)
3. F3 S. 22(9A)-(9C) inserted (29.4.2026) by English Devolution and Community Empowerment Act 2026 (c. 23), s. 108(1)(3), Sch. 11 para. 3(5) (with s. 102)
4. F4 Words in s. 22(11) substituted (29.4.2026 except so far as it relates to Sch. 1 paras. 18, 39 of the amending Act) by English Devolution and Community Empowerment Act 2026 (c. 23), s. 108(1)(3), Sch. 1 para. 28(a)(i) (with s. 102) (with saving and transitional provision in S.I. 2026/482, regs. 1(2), 2)
5. F5 S. 22(12) inserted (29.4.2026 except so far as it relates to Sch. 1 paras. 18, 39 of the amending Act) by English Devolution and Community Empowerment Act 2026 (c. 23), s. 108(1)(3), Sch. 1 para. 28(b) (with s. 102) (with saving and transitional provision in S.I. 2026/482, regs. 1(2), 2)