Transport and Works Act 1992

[^key-ad05008994d613fea8308aa4c3ab5d44]: S. 14(3D) omitted (5.12.2017) by virtue of The Environmental Impact Assessment (Miscellaneous Amendments Relating to Harbours, Highways and Transport) Regulations 2017 (S.I. 2017/1070), reg. 1(1), Sch. 3 para. 5(6) (with Sch. 6 paras. 9, 12) (which amendment is extended to S. (18.12.2025) by Planning and Infrastructure Act 2025 (c. 34), ss. 46(a), 118(1)(z1) (with s. 116))

[^key-3e25afd4bd3c078f8d99093b26b305ae]: Words in s. 14(3A)(a) substituted (5.12.2017) by The Environmental Impact Assessment (Miscellaneous Amendments Relating to Harbours, Highways and Transport) Regulations 2017 (S.I. 2017/1070), reg. 1(1), Sch. 3 para. 5(3)(b) (with Sch. 6 paras. 9, 12) (which amendment is extended to S. (18.12.2025) by Planning and Infrastructure Act 2025 (c. 34), ss. 46(a), 118(1)(z1) (with s. 116))

[^key-ef8f20f14048738a9498d4d318b09346]: Words in s. 6(2B) substituted (5.12.2017) by The Environmental Impact Assessment (Miscellaneous Amendments Relating to Harbours, Highways and Transport) Regulations 2017 (S.I. 2017/1070), reg. 1(1), Sch. 3 para. 2(a) (with Sch. 6 paras. 7(1), 8(1), 9, 12) (which amendment is extended to S. (18.12.2025) by Planning and Infrastructure Act 2025 (c. 34), ss. 46(a), 118(1)(z1) (with s. 116))

[^key-69b31c5f415ac2d6bdf439ed4a150216]: S. 6(7) substituted (5.12.2017) by The Environmental Impact Assessment (Miscellaneous Amendments Relating to Harbours, Highways and Transport) Regulations 2017 (S.I. 2017/1070), reg. 1(1), Sch. 3 para. 2(b) (with Sch. 6 paras. 7(1), 8(1), 9, 12) (which amendment is extended to S. (18.12.2025) by Planning and Infrastructure Act 2025 (c. 34), ss. 46(a), 118(1)(z1) (with s. 116))

[^key-f2ef368235b32310b6796098bc8cde02]: S. 6A(3) substituted (12.3.2019) by The Merchant Shipping and Other Transport (Environmental Protection) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/311), regs. 1(2), 2(2)

[^key-9b8ebe77187ca1ccb0322d3dff4958ea]: Word in s. 6A heading omitted (31.12.2020) by virtue of The Merchant Shipping and Other Transport (Environmental Protection) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/311), regs. 1(3), 4(2)(a); 2020 c. 1, Sch. 5 para. 1(1)

[^key-1ed177ec0e7ebc955d215e284c031e7e]: Word in s. 6A(1) substituted (31.12.2020) by The Merchant Shipping and Other Transport (Environmental Protection) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/311), regs. 1(3), 4(2)(b); 2020 c. 1, Sch. 5 para. 1(1)

[^key-b8f577a8b7fb1d51c524b310a46e5ee1]: Word in s. 6A(2) substituted (31.12.2020) by The Merchant Shipping and Other Transport (Environmental Protection) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/311), regs. 1(3), 4(2)(b); 2020 c. 1, Sch. 5 para. 1(1)

[^key-84ddcfcde01ef842550844de40903210]: Word in s. 6A(2)(b) substituted (31.12.2020) by The Merchant Shipping and Other Transport (Environmental Protection) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/311), regs. 1(3), 4(2)(c); 2020 c. 1, Sch. 5 para. 1(1)

[^key-0e9133967460e10595c303577c824700]: Words in s. 13C(3) substituted (31.12.2020) by The Merchant Shipping and Other Transport (Environmental Protection) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/311), regs. 1(3), 4(3); 2020 c. 1, Sch. 5 para. 1(1) (which amendment is extended to S. (18.12.2025) by Planning and Infrastructure Act 2025 (c. 34), ss. 46(b), 118(1)(z1) (with s. 116))

[^key-49ba6027e8bf5a4db1a040f2045b9836]: Word in s. 14(3AB)(a)(i) substituted (31.12.2020) by The Merchant Shipping and Other Transport (Environmental Protection) (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/311), regs. 1(3), 4(4); 2020 c. 1, Sch. 5 para. 1(1) (which amendment is extended to S. (18.12.2025) by Planning and Infrastructure Act 2025 (c. 34), ss. 46(b), 118(1)(z1) (with s. 116))

[^key-d2bae997b2b412d8d06bb8ac9ff7f241]: S. 13(2) excluded (11.2.2021) by High Speed Rail (West Midlands - Crewe) Act 2021 (c. 2), ss. 49(4), 64(1)

[^key-6b10117ebbf72a3a54aac6a4d0128fb0]: Words in s. 35(7) inserted (28.6.2022) by Judicial Review and Courts Act 2022 (c. 35), s. 51(3), Sch. 1 para. 12

[^key-b6aec760978f7a2384ca820b3b901767]: Words in s. 23(10) substituted (3.5.2023) by The Secretaries of State for Energy Security and Net Zero, for Science, Innovation and Technology, for Business and Trade, and for Culture, Media and Sport and the Transfer of Functions (National Security and Investment Act 2021 etc) Order 2023 (S.I. 2023/424), art. 1(2), Sch. para. 7 (with art. 17)

[^key-5e8539210b81156305f5db290646ab7a]: Ss. 13A-13D power to amend or repeal conferred (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), ss. 164(3), 255(5), Sch. 14 Pt. 1 (with s. 247)

[^key-79df8137efcf340712761eee6fa36fff]: Words in s. 23(10) substituted (30.10.2024) by The Transfer of Functions (Secretary of State for Housing, Communities and Local Government) Order 2024 (S.I. 2024/991), art. 1(2), Sch. para. 6 (with art. 7)

[^key-031f31b2e44f4b33ce896c42fcba1f2b]: S. 1(1A)(c)(d) inserted (15.12.2025) by Infrastructure (Wales) Act 2024 (asc 3), s. 147(2), Sch. 3 para. 7(2) (with s. 84(5)); S.I. 2025/698, art. 3(l)

[^key-2016d6c07f93bbc1796b19e293744225]: S. 3(1A)(c)(d) inserted (15.12.2025) by Infrastructure (Wales) Act 2024 (asc 3), s. 147(2), Sch. 3 para. 7(3) (with s. 84(5)); S.I. 2025/698, art. 3(l)

[^key-40dff837905a34e86eb26412afbd5e4f]: S. 19A inserted (18.2.2026) by Planning and Infrastructure Act 2025 (c. 34), ss. 44(1), 118(1)(z) (with ss. 44(2), 116)

[^key-69ffa5f687ffc8e61338834d6150b78a]: S. 23A inserted (18.2.2026) by Planning and Infrastructure Act 2025 (c. 34), ss. 42, 118(1)(x) (with s. 116)

[^key-10c7577d15893e8dc3e78226366559d4]: S. 9 omitted (18.2.2026) by virtue of Planning and Infrastructure Act 2025 (c. 34), ss. 37(1), 118(1)(v) (with ss. 37(3), 116)

[^key-88b2f57f8c773ab81df50ea60147f4ab]: S. 11(3A) inserted (18.2.2026) by Planning and Infrastructure Act 2025 (c. 34), ss. 38(3), 118(1)(v) (with ss. 38(4), 116)

[^key-edd02694d3705de8316895ad90d8a786]: S. 11(5A) inserted (18.2.2026) by Planning and Infrastructure Act 2025 (c. 34), ss. 39(3), 118(1)(v) (with ss. 39(5), 116)

[^key-2cf45d8e502995cb8eae1278f7d46260]: Words in s. 11(3) substituted (18.2.2026) by Planning and Infrastructure Act 2025 (c. 34), ss. 38(2), 118(1)(v) (with s. 116)

[^key-868e283a4f5494cf85d047fbe4de8cfc]: S. 11(5)(za) inserted (18.2.2026) by Planning and Infrastructure Act 2025 (c. 34), ss. 39(2), 118(1)(v) (with s. 116)

[^key-95e89ef7ede2002539daf5b383c924a1]: Words in s. 11(6) inserted (18.2.2026) by Planning and Infrastructure Act 2025 (c. 34), ss. 39(4), 118(1)(v) (with ss. 39(5), 116)

[^key-a771fb960ea6f17e6083b8a14725ede0]: S. 12(2) omitted (18.2.2026) by virtue of Planning and Infrastructure Act 2025 (c. 34), ss. 37(2)(b), 118(1)(v) (with ss. 37(3), 116)

[^key-ceaf42217042e62d8d4c12d97147117e]: Words in s. 12(3)(c) substituted (18.2.2026) by Planning and Infrastructure Act 2025 (c. 34), ss. 41(4)(a), 118(1)(x) (with ss. 41(5), 116)

[^key-34d79db0bdeb92faed1b9c64044ff1e0]: S. 13(7)(8) inserted (18.2.2026) by Planning and Infrastructure Act 2025 (c. 34), ss. 40(2), 118(1)(w)(i) (with s. 116)

[^key-70ebb2b0540f9eeb4714fdcc2c6ddb45]: Words in s. 13(5) substituted (18.2.2026) by Planning and Infrastructure Act 2025 (c. 34), ss. 41(4)(b), 118(1)(x) (with ss. 41(5), 116)

[^key-f76117c91f7de54dfbe6c2aac226cd98]: Word in s. 14(2) substituted (18.2.2026) by Planning and Infrastructure Act 2025 (c. 34), ss. 41(2)(b), 118(1)(x) (with ss. 41(5), 116)

[^key-9a43e3bf19b13aa6740e5d1da57f505e]: S. 14(2A) omitted (18.2.2026) by virtue of Planning and Infrastructure Act 2025 (c. 34), ss. 41(2)(c), 118(1)(x) (with ss. 41(5), 116)

[^key-9c6590f20f4ef3070c9855366a6bb1bb]: Words in s. 14(4) substituted (18.2.2026) by Planning and Infrastructure Act 2025 (c. 34), ss. 41(2)(f)(i), 118(1)(x) (with ss. 41(5), 116)

[^key-88ab3ca770ddb7a2e87dbd32d62f2c46]: Words in s. 14(4) omitted (18.2.2026) by virtue of Planning and Infrastructure Act 2025 (c. 34), ss. 41(2)(f)(ii), 118(1)(x) (with ss. 41(5), 116)

[^key-0a0da13f0bd7bcd2557e571e2a62bd77]: S. 14(3AA) substituted (18.2.2026) by Planning and Infrastructure Act 2025 (c. 34), ss. 41(2)(e), 118(1)(x) (with ss. 41(5), 116)

[^key-a1db18be2bbc5cba93fd20c66c9a202b]: Word in s. 14(3A) substituted (18.2.2026) by Planning and Infrastructure Act 2025 (c. 34), ss. 41(2)(d), 118(1)(x) (with ss. 41(5), 116)

[^key-622db046c62a8d370dd65f935518def3]: S. 14(1)(b) and word substituted for s. 14(1)(b)(c) (18.2.2026) by Planning and Infrastructure Act 2025 (c. 34), ss. 41(2)(a), 118(1)(x) (with ss. 41(5), 116)

[^key-47ad4a945c615c66217b4abe4d274860]: S. 20(5) inserted (18.2.2026) by Planning and Infrastructure Act 2025 (c. 34), ss. 45(1)(b), 118(1)(z) (with ss. 45(2), 116)

[^key-ec64ac93ab4276952efa1acf8cb49a96]: Words in s. 20(2) omitted (18.2.2026) by virtue of Planning and Infrastructure Act 2025 (c. 34), ss. 45(1)(a), 118(1)(z) (with ss. 45(2), 116)

[^key-76368388d6b19a873afdf4e28e1b0234]: Words in s. 22(1) substituted (18.2.2026) by Planning and Infrastructure Act 2025 (c. 34), ss. 41(3), 118(1)(x) (with ss. 41(5), 116)

[^M_F_1a365a9f-3031-414a-fbb7-7aa777f4b9c3]: Word in s. 22(1)(b) substituted (1.11.2007) by Tribunals, Courts and Enforcement Act 2007 (c. 15), s. 148, Sch. 8 para. 21; S.I. 2007/2709, art. 3(b)(i)

Harbours.

Certain enactments to cease to have effect.

14A

• (1) This section applies where the appropriate national authority has determined under section 13(1) to make an order under section 1 or 3—

• (a) authorising the compulsory acquisition of land in England or Wales, and

• (b) applying Parts 2 and 3 of the Compulsory Purchase (Vesting Declarations) Act 1981 to the acquisition.

• (2) As soon as practicable after the appropriate national authority has made the determination, the acquiring authority must give a notice to any person who, if Part 2 of the Acquisition of Land Act 1981 applied to the acquisition, would be entitled to a notice under section 12 of that Act (notice to owners, lessees and occupiers).

• (3) The notice must—

• (a) contain a statement about the effect of Parts 2 and 3 of the Compulsory Purchase (Vesting Declarations) Act 1981, and

• (b) invite any person who would be entitled to claim compensation if a declaration were executed under section 4 of the Compulsory Purchase (Vesting Declarations) Act 1981 to give the acquiring authority information about the person’s name, address and interest in land, using a form set out in the notice.

• (4) The statement referred to in subsection (3)(a) must be the same as the relevant statement prescribed under—

• (a) section 15(4)(e) of the Acquisition of Land Act 1981, where the determination was made following an application, or

• (b) paragraph 6(4)(e) of Schedule 1 to that Act, where the determination was made otherwise than following an application,

subject to any necessary modifications.

• (5) The form mentioned in subsection (3)(b) must be the same as the relevant form that is prescribed under—

• (a) section 15(4)(f) of the Acquisition of Land Act 1981, where the determination was made following an application, or

• (b) paragraph 6(4)(f) of Schedule 1 to that Act, where the determination was made otherwise than following an application,

subject to any necessary modifications.

• (6) The acquiring authority must send a copy of the notice to the Chief Land Registrar and it shall be a local land charge in respect of the land in England or Wales to which it relates.

• (7) For the purposes of subsections (4) and (5), a statement or a form is “relevant”—

• (a) where the order under section 1 or 3 is made by the Welsh Ministers, if it was prescribed by the Welsh Ministers, or

• (b) where the order under section 1 or 3 is made by the Secretary of State, if it was prescribed by the Secretary of State.

• (8) In this section—

• the “acquiring authority” means the person authorised to carry out the compulsory acquisition, andthe “appropriate national authority” means—where an order authorises the compulsory acquisition of land wholly in England, the Secretary of State,where an order authorises the compulsory acquisition of land in both England and Wales, the Secretary of State, andwhere an order authorises the compulsory acquisition of land wholly in Wales, the Welsh Ministers.

13A

• (1) This section defines certain terms used in this Part.

• (2) “The EIA Directive” means Directive 2011/92/EU of the European Parliament and of the Council of 13 December 2011 on the assessment of the effects of certain public and private projects on the environment.

• (3) “EIA information”, in relation to an application under section 6, or proposal under section 7, for an EIA order, means—

• (a) the environmental statement,

• (b) any other information which the Secretary of State reasonably requires for the purpose of reaching a reasoned conclusion (see section 13B), and

• (c) any representations made by any person about the environmental effects of the proposed works or other projects.

• (4) “EIA order” means an order authorising works or other projects—

• (a) which are—

• (i) in a class listed in Annex I to the EIA Directive, or

• (ii) in a class listed in Annex II to the EIA Directive and, by virtue of their nature, size or location, likely to have significant effects on the environment, and

• (b) which are not exempt works.

• (5) For the purposes of subsection (4), works or other projects are exempt if the Secretary of State directs or decides (in accordance with rules made under section 6) that an environmental impact assessment is not required in respect of those works or projects.

• (6) “Environmental statement” means a statement which, by rules under section 6, is required—

• (a) to accompany an application for, or be prepared in connection with the publication of a proposal to make, an EIA order, and

• (b) amongst other matters, to set out the likely significant effects of the implementation of the EIA order applied for or proposed on the environment.

• (7) “Reasoned conclusion” means a reasoned conclusion under section 13B(1)(b).

13B

• (1) Before making a determination under section 13(1) in respect of an application or proposal for an EIA order, the Secretary of State—

• (a) must consider the EIA information, and

• (b) following that consideration, must reach a reasoned conclusion about the likely significant effects of the proposed works or other projects on the environment.

• (2) The Secretary of State must obtain such expert advice as appears to the Secretary of State to be necessary for the purposes of considering the environmental statement.

• (3) When making a determination under section 13(1) in respect of an application or proposal for an EIA order, the Secretary of State must take into account the reasoned conclusion.

• (4) But the Secretary of State may determine to make an EIA order (whether with or without modifications) only if satisfied that the reasoned conclusion is up to date.

13C

• (1) If the Secretary of State proposes to make an EIA order (whether with or without modifications), the Secretary of State must consider whether monitoring of the significant adverse effects of the works or other projects on the environment to be authorised by the order is appropriate and, if so, must consider—

• (a) whether it is appropriate to impose a monitoring measure, and

• (b) whether it is appropriate to impose a requirement to take remedial action.

• (2) In this section, “monitoring measure”, in relation to proposed works or other projects, means a requirement to monitor any significant adverse effects of the works or projects on the environment.

• (3) For the purposes of subsection (1)(a), the Secretary of State must take into account any monitoring arrangements which are required to be carried out under the law of any part of the United Kingdom (other than a provision which implemented the EIA Directive).

• (4) The Secretary of State may impose a monitoring measure or a requirement to take remedial action in the EIA order or, if the Secretary of State gives a direction under section 90(2A) of the Town and Country Planning Act 1990 on the making of the EIA order, by way of condition specified in that direction.

• (5) But the Secretary of State may impose a monitoring measure only if satisfied that the type of parameters which will be required to be monitored and the duration of such monitoring are proportionate having regard to—

• (a) the nature, location and size of the proposed works or other projects, and

• (b) the significance of the effects of the works or other projects on the environment.

Publicity for making or refusal of orders.

13D

The Secretary of State must make a determination under section 13(1) in relation to an application or proposal for an EIA order within a reasonable period of time (having regard to the nature and complexity of the works or other project to which it relates) beginning on the day on which the Secretary of State has all of the information necessary to reach the reasoned conclusion.

Exercise of Secretary of State’s functions by appointed person.

Offences involving drink or drugs on transport systems.

Amendment of Level Crossings Act 1983.

Exclusion of hackney carriage legislation.

Harbours.

Certain enactments to cease to have effect.

19A

• (1) An order of the Secretary of State under section 1 or 3 may include provision deeming a marine licence to have been granted by the Secretary of State for activities specified in the order (being activities for which the Secretary of State is the appropriate licensing authority).

• (2) Activity specified under subsection (1) must be carried out wholly in one or more of these areas—

• (a) England;

• (b) waters adjacent to England up to the seaward limits of the territorial sea;

• (c) an exclusive economic zone, except any part of an exclusive economic zone in relation to which the Scottish Ministers have functions;

• (d) a Renewable Energy Zone, except any part of a Renewable Energy Zone in relation to which the Scottish Ministers have functions;

• (e) an area designated under section 1(7) of the Continental Shelf Act 1964, except any part of that area which is within a part of an exclusive economic zone or Renewable Energy Zone in relation to which the Scottish Ministers have functions.

• (3) An order of the Welsh Ministers under section 1 or 3 may include provision deeming a marine licence to have been granted by the Welsh Ministers for activities specified in the order (being activities for which the Welsh Ministers are the appropriate licensing authority).

• (4) An order including provision under subsection (1) or (3) may also include provision—

• (a) deeming the licence to have been granted subject to such conditions as may be specified in the order;

• (b) deeming any such conditions to have been attached to the marine licence by the Secretary of State or (as the case may be) the Welsh Ministers under Part 4 of the MCAA 2009.

• (5) If an order includes provision of the sort mentioned in paragraphs (a) and (b) of subsection (4), sections 68 (notice of applications) and 69(3) and (5) (representations) of the MCAA 2009 do not apply in relation to the deemed marine licence.

• (6) In this section—

• “the appropriate licensing authority” has the meaning given by section 113 of the MCAA 2009;

• “exclusive economic zone” has the meaning given by section 322(1) of the MCAA 2009;

• “marine licence” means a marine licence under Part 4 of the MCAA 2009;

• “the MCAA 2009” means the Marine and Coastal Access Act 2009;

• “Renewable Energy Zone” has the meaning given by section 84(4) of the Energy Act 2004.

• (7) For the purposes of this section, waters are to be treated as adjacent, or as not adjacent, to England if they would be so treated for the purposes of section 113 of the MCAA 2009 as a result of sections 322(4) to (9) of that Act.

23A

• (1) The appropriate national authority may by regulations make provision for, or in connection with, the charging of fees to applicants under section 6 by prescribed public authorities, in relation to the provision of relevant services.

• (2) A “relevant service” means any advice, information or other assistance (including a response to a consultation) provided, whether or not to an applicant under section 6, in connection with—

• (a) an application under section 6, or

• (b) any other prescribed matter relating to an order, or proposed order, under section 1 or 3.

• (3) Regulations made under subsection (1) may, in particular, make provision—

• (a) about when a fee (including a supplementary fee) may, and may not, be charged;

• (b) about the amount which may be charged;

• (c) about what may, and may not, be taken into account in calculating the amount charged;

• (d) about when a fee charged is payable;

• (e) about the recovery of fees charged;

• (f) about waiver, reduction or repayment of fees;

• (g) about the effect of paying or failing to pay fees charged (including provision permitting a prescribed public authority to withhold a relevant service that it would otherwise be required to provide under an enactment until any outstanding fees for that service are paid);

• (h) for the supply of information for any purpose of the regulations;

• (i) conferring a function, including a function involving the exercise of a discretion, on any person.

• (4) A prescribed public authority must have regard to—

• (a) any guidance published by the Secretary of State in relation to the exercise of the authority’s functions under regulations made under this section by the Secretary of State;

• (b) any guidance published by the Welsh Ministers in relation to the exercise of the authority’s functions under regulations made under this section by the Welsh Ministers.

• (5) Regulations under this section may make—

• (a) different provision for different purposes or areas;

• (b) incidental, consequential, supplementary, transitional or transitory provision or savings.

• (6) Regulations under this section are to be made by statutory instrument.

• (7) A statutory instrument containing regulations made by the Secretary of State under this section is subject to annulment in pursuance of a resolution of either House of Parliament.

• (8) A statutory instrument containing regulations made by the Welsh Ministers under this section is subject to annulment in pursuance of a resolution of Senedd Cymru.

• (9) In this section—

• “appropriate national authority” means—in relation to England and cross-border orders, the Secretary of State, andin relation to Wales but not cross-border orders, the Welsh Ministers;

• “cross-border order” means an order under section 1 or 3 that has effect both in England and in Wales;

• “prescribed” means prescribed by regulations made by the appropriate national authority under this section;

• “public authority” means any person certain of whose functions are of a public nature.