The West Midlands Combined Authority (Key Route Network) (Amendment) Order 2026
This Order amends the West Midlands Combined Authority (Functions and Amendment) Order 2017 to modify how highways are designated for management by the West Midlands Combined Authority (WMCA).
It replaces the fixed list of 'Combined Authority roads' with a dynamic 'key route network' that the WMCA may designate or alter under powers granted by the Local Democracy, Economic Development and Construction Act 2009.
The Order applies to the WMCA and its constituent councils, transferring the ability to exercise functions related to permit schemes and apparatus affected by highway works from a defined schedule to any road designated within the key route network.
Arguments For
The order states that the amendments satisfy the statutory test for securing effective and convenient local government in the West Midlands.
Proponents argue that the order allows the West Midlands Combined Authority (WMCA) to flexiblly designate or remove road designations without requiring further statutory instruments to amend list-based schedules.
The document indicates that the proposal was prepared by the WMCA itself and underwent local consultation prior to submission to the Secretary of State.
Arguments Against
Legal scholars might note that replacing a static schedule of roads with a dynamic designation power reduces direct Parliamentary oversight over which specific highways fall under combined authority control.
Local constituent councils or residents might raise concerns regarding the specific criteria the WMCA will use when exercising its new power to designate or de-designate roads in the key route network.
Citation, commencement and extent
- -(1) This Order may be cited as the West Midlands Combined Authority (Key Route Network) (Amendment) Order 2026 and comes into force on the 21st day after the day on which it is made.
- (2) This Order extends to England and Wales.
This section establishes the official name of the order and sets its commencement date.
It specifies that the legal reach of the instrument covers the jurisdiction of England and Wales.
Amendments to the West Midlands Combined Authority (Functions and Amendment) Order 2017
- -(1) The West Midlands Combined Authority (Functions and Amendment) Order 2017 is amended as follows.
(2) In article 2 (interpretation)-
- (a) omit the definition of 'Combined Authority roads'; and
- (b) before the definition of 'the Mayor', insert-
''key route network roads' means highways or proposed highways in the combined area designated as key route network roads pursuant to section 107ZA(1)( 8 ) (designation of key route network roads) of the Local Democracy, Economic Development and Construction Act 2009; and'.
(3) In article 8(1) and (2) (permit schemes), for 'Combined Authority roads', in both places where those words appear, substitute 'key route network roads'.
(4) In article 9(1) (apparatus affected by highway, bridge or transport works), for 'Combined Authority roads', substitute 'key route network roads'.
- (5) Omit Schedule 1 (Combined Authority roads).
This section replaces the previous system of identifying specific roads in a fixed schedule with a new definition for 'key route network roads' based on the WMCA's statutory designation powers.
It updates existing provisions regarding permit schemes for street works and the management of utility apparatus to apply to this new category of roads.
Additionally, it removes the original list of specific highways (Schedule 1) from the 2017 Order, effectively decentralizing the authority to determine which roads are subject to WMCA transport functions.
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