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Revised Statute from The UK Statute Law Database

Highways Act 1980 (c.66)

This version of this statute is extracted from the UK Statute Law Database (SLD). It is not necessarily in the form in which it was originally enacted but is a revised version, which means that any subsequent amendments to the text and other effects are incorporated with annotations.

There are effects on this legislation that have not yet been applied to SLD for the following year: 2009. See the Tables of Legislative effects and the Update status of legislation page on the SLD website.

Royal arms

Highways Act 1980

1980 CHAPTER 66

Contents

Go to Preamble

  1. Part I

    Highway Authorities and Agreements Between Authorities

    1. Highway authorities

      1. 1. Highway authorities: general provision

      2. 2. Highway authority for road which ceases to be a trunk road

      3. 3. Highway authority for approaches to and parts of certain bridges

    2. Agreements between authorities

      1. 4. Agreement for exercise by Minister of certain functions of local highway authority as respects highway affected by construction, etc. of trunk road

      2. 5. Agreement for local highway authority to maintain and improve certain highways constructed or to be constructed by Minister

      3. 6. Delegation etc. of functions with respect to trunk roads

      4. 7.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

      5. 8.Agreements between local highway authorities for doing of certain works

      6. 9. Seconding of staff etc

  2. Part II

    Trunk Roads, Classified Roads, Metropolitan Roads, Special Roads

    1. Trunk roads

      1. 10. General provision as to trunk roads

      2. 11. Local and private Act functions with respect to trunk roads

    2. Classified roads

      1. 12. General provision as to principal and classified roads

      2. 13. Power to change designation of principal roads

    3. Powers as respects roads that cross or join trunk roads or classified roads

      1. 14. Powers as respects roads that cross or join trunk or classified roads

    4. GLA roads

      1. 14A. Designation of first GLA roads by Secretary of State

      2. 14B. Orders of the Authority changing what are GLA roads

      3. 14C. Certification and records of GLA roads

      4. 14D. Construction of provisions relating to GLA roads

    5. Metropolitan roads

      1. 15.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

    6. Special roads

      1. 16. General provision as to special roads

      2. 17. Classification of traffic for purposes of special roads

      3. 18. Supplementary orders relating to special roads

      4. 19. Certain special roads and other highways to become trunk roads

      5. 20.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

    7. Ancillary matters with respect to orders under section 14 or 18 and schemes under section 16

      1. 21. Extinguishment of rights of statutory undertakers as to apparatus etc. in connection with orders under section 14 or 18 and schemes under section 16

      2. 22.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

      3. 23. Compensation in respect of certain works executed in pursuance of orders under section 14 or 18

  3. Part III

    Creation of Highways

    1. 24. Construction of new highways and provision of road-ferries

    2. 25. Creation of footpath or bridleway by agreement

    3. 26. Compulsory powers for creation of footpaths and bridleways

    4. 27. Making up of new footpaths and bridleways

    5. 28. Compensation for loss caused by public path creation order

    6. 29. Duty to have regard to agriculture, forestry and nature conservation

    7. 30. Dedication of highway by agreement with parish or community council

    8. 31. Dedication of way as highway presumed after public use for 20 years

    9. 31A. Register of maps, statements and declarations

    10. 32. Evidence of dedication of way as highway

    11. 33. Protection of rights of reversioners

    12. 34. Conversion of private street into highway

    13. 35. Creation of walkways by agreement

  4. Part IV

    Maintenance of Highways

    1. Highways maintainable at public expense

      1. 36. Highways maintainable at public expense

    2. Methods whereby highways may become maintainable at public expense

      1. 37. Provisions whereby highway created by dedication may become maintainable at public expense

      2. 38. Power of highway authorities to adopt by agreement

      3. 39.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

      4. 40. Adoption of private streets

    3. Maintenance of highways maintainable at public expense

      1. 41. Duty to maintain highways maintainable at public expense

      2. 42. Power of district councils to maintain certain highways

      3. 43. Power of parish and community councils to maintain footpaths and bridleways

      4. 44. Person liable to maintain highway may agree to maintain publicly maintainable highway

      5. 45. Power to get materials for repair of publicly maintainable highways

      6. 46. Supplemental provisions with respect to the getting of materials under section 45

      7. 47. Power of magistrates’ court to declare unnecessary highway to be not maintainable at public expense

      8. 48. Power of magistrates’ court to order a highway to be again maintainable at public expense

    4. Maintenance of privately maintainable highways

      1. 49. Maintenance of approaches to certain privately maintainable bridges

      2. 50. Maintenance of privately maintainable footpaths and bridleways

      3. 51. No liability to maintain by reason of enclosure if highway fenced with consent of highway authority

      4. 52. Power to get materials for repair of privately maintainable highways

      5. 53. Power of magistrates’ court to extinguish liability to maintain privately maintainable highway

      6. 54. Extinguishment of liability to maintain privately maintainable highway diverted by order of magistrates’ court

      7. 55. Extinguishment of liability to maintain or improve bridges comprised in trunk roads and special roads

    5. Enforcement of liability for maintenance

      1. 56. Proceedings for an order to repair highway

      2. 57. Default powers of highway authorities in respect of non-repair of privately maintainable highways

      3. 58. Special defence in action against a highway authority for damages for non-repair of highway

    6. Recovery by highway authorities etc. of certain expenses incurred in maintaining highways

      1. 59. Recovery of expenses due to extraordinary traffic

      2. 60.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

    7. Regulations supplementing maintenance powers of district councils

      1. 61. Regulations supplementing maintenance powers of district councils

  5. Part V

    Improvement of Highways

    1. General power of improvement

      1. 62. General power of improvement

    2. Relief of main carriageway of trunk road from local traffic

      1. 63. Relief of main carriageway of trunk road from local traffic

    3. Dual carriageways, roundabouts and cycle tracks

      1. 64. Dual carriageways and roundabouts

      2. 65. Cycle tracks

    4. Safety provisions

      1. 66. Footways and guard-rails etc. for publicly maintainable highways

      2. 67. Guard-rails etc. in private streets

      3. 68. Refuges

      4. 69. Subways

      5. 70. Footbridges over highways

      6. 71. Margins for horses and livestock

    5. Widths

      1. 72. Widening of highways

      2. 73. Power to prescribe improvement line for widening street

      3. 74. Power to prescribe a building line

      4. 75. Variation of widths of carriageways and footways

    6. Levels

      1. 76. Levelling of highways

      2. 77. Alteration of levels

    7. Corners

      1. 78. Cutting off of corners

      2. 79. Prevention of obstruction to view at corners

    8. Fences and boundaries

      1. 80.Power to fence highways

      2. 81. Provision of highway boundary posts

    9. Cattle-grids

      1. 82. Provision of cattle-grids and by-passes

      2. 83. Removal of cattle-grids and discontinuance of by-passes

      3. 84. Maintenance of cattle-grids and by-passes

      4. 85. Exercise of powers by agreement between neighbouring authorities

      5. 86. Supersession of gates by cattle-grids

      6. 87. Agreements for use of land for cattle-grids or by-passes

      7. 88. Contributions towards expenditure of highway authorities

      8. 89. Delegation to certain authorities of functions of Minister

      9. 90. Protection of bridges and railways

    10. Road humps

      1. 90A. Construction of road humps by highway authority

      2. 90B. Additional powers of the Secretary of State

      3. 90C. Consultation and local inquiries

      4. 90CA. Special procedure for certain road humps in London

      5. 90D. Regulations concerning construction and maintenance of road humps

      6. 90E. Status of road humps

      7. 90F. Meaning of “road hump” and interpretation of sections 90A to 90E

    11. Other traffic calming works

      1. 90G. Powers to carry out traffic calming works

      2. 90GA. Special procedure for certain traffic calming works in London

      3. 90H. Prescribing of works

      4. 90I. Status of works authorised by section 90G

    12. Construction, reconstruction, improvement etc. of bridges

      1. 91. Construction of bridge to carry existing highway maintainable at public expense

      2. 92. Reconstruction of bridge maintainable at public expense

      3. 93. Power to make orders as to reconstruction, improvement, etc., of privately maintainable bridges

      4. 94. Powers of highway authorities and bridge owners to enter into agreements

      5. 95. Supplemental provisions as to orders and agreements under sections 93 and 94

    13. Miscellaneous improvements

      1. 95A. Power to install equipment for detection of traffic offences

      2. 96. Powers of highway and local authorities to plant trees, lay out grass verges, etc

      3. 97. Lighting of highways

      4. 98. Delegation of lighting functions of highway authority

      5. 99. Metalling of highways

      6. 100. Drainage of highways

      7. 101. Power to fill in roadside ditches etc

      8. 102. Provision of works for protecting highways against hazards of nature

      9. 103. Provision of posts to indicate depth of flood water

      10. 104. Mitigating nuisance of dust

      11. 105. Power to improve road-ferries

  6. [F1PART VA

    ENVIRONMENTAL IMPACT ASSESSMENTS

    1. 105A. Environmental impact assessments

    2. 105B. Procedure

    3. 105C. Other EEA States

    4. 105D.Validity of decisions

  7. Part VI

    Construction of bridges over and tunnels under navigable waters and diversion etc. of watercourses

    1. Construction of bridges over and tunnels under navigable waters

      1. 106. Orders and schemes providing for construction of bridges over or tunnels under navigable waters

      2. 107. Provisions supplementary to section 106

    2. Diversion etc. of watercourses

      1. 108. Power to divert navigable watercourses

      2. 109. Provisions supplementary to section 108

      3. 110. Power to divert non-navigable watercourses and to carry out other works on any watercourse

    3. Interpretation

      1. 111. Interpretation of Part VI

  8. Part VII

    Provision of Special Facilities for Highways

    1. 112.Provision of picnic sites and public conveniences for users of trunk roads

    2. 113. Exercise by council of functions of Minister with respect to management or provision of picnic sites etc

    3. 114. Provision of public conveniences by county council for users of roads for which they are the highway authority

    4. 115. Provision of areas for parking heavy goods vehicles, etc

  9. Part VIIA

    Provision of Amenities on Certain Highways

    1. 115A. Scope of Part VIIA

    2. 115B. Provision etc. of services and amenities by councils

    3. 115C. Provision of recreation and refreshment facilities by councils

    4. 115D. Limits of powers under ss. 115B and 115C

    5. 115E. Execution of works and use of objects etc. by persons other than councils

    6. 115F. Power to impose conditions on permissions under section 115E

    7. 115G. Notices to be given before exercise of powers under Part VIIA

    8. 115H. Duties to consult or obtain consent of other authorities

    9. 115J. Consents not to be unreasonably withheld

    10. 115K. Failure to comply with terms of permission

  10. Part VIII

    Stopping up and diversion of highways and stopping up of means of access to highways

    1. Stopping up and diversion of highways

      1. 116. Power of magistrates’ court to authorise stopping up or diversion of highway

      2. 117. Application for order under section 116 on behalf of another person

      3. 118. Stopping up of footpaths and bridleways

      4. 118ZA. Application for a public path extinguishment order

      5. 118A. Stopping up of footpaths and bridleways crossing railways

      6. 118B. Stopping up of certain highways for purposes of crime prevention, etc

      7. 118C. Application by proprietor of school for special extinguishment order

      8. 119. Diversion of footpaths and bridleways

      9. 119ZA. Application for a public path diversion order

      10. 119A. Diversion of footpaths and bridleways crossing railways

      11. 119B. Diversion of certain highways for purposes of crime prevention, etc

      12. 119C. Application by proprietor of school for special diversion order

      13. 119D.Diversion of certain highways for protection of sites of special scientific interest

      14. 119E. Provisions supplementary to section 119D

      15. 120. Exercise of powers of making public path extinguishment and diversion orders

      16. 121. Supplementary provisions as to public path extinguishment and diversion orders

      17. 121A. Regulations with respect to applications for orders

      18. 121B. Register of applications

      19. 121C. Cases where council may decline to determine applications

      20. 121D. Right of appeal to Secretary of State in respect of applications for orders

      21. 121E. Determination of appeals

      22. 122. Power to make temporary diversion where highway about to be repaired or widened

      23. 123. Saving and interpretation

    2. Stopping up of means of access to highways

      1. 124. Stopping up of private access to highways

      2. 125. Further powers to stop up private access to premises

      3. 126. Provisions supplementary to sections 124 and 125 etc

      4. 127. Stopping up private access to premises by agreement

      5. 128. Penalty for using access which has been stopped up

      6. 129. Further provisions with respect to new means of access

  11. [F1Part 8A

    Restriction of rights over highway

    1. 129A.Gating orders

    2. 129B.Effect of gating orders

    3. 129C.Procedure for gating orders

    4. 129D.Validity of gating orders

    5. 129E.Publication and availability of gating orders

    6. 129F.Variation and revocation of gating orders

    7. 129G.Interpretation

  12. Part IX

    Lawful and Unlawful Interference With Highways and Streets

    1. Protection of public rights

      1. 130. Protection of public rights

      2. 130A. Notices to enforce duty regarding public paths

      3. 130B. Orders following notice under section 130A

      4. 130C. Section 130B: procedure

      5. 130D. Section 130B: costs

    2. Damage to highways, streets etc

      1. 131. Penalty for damaging highway etc

      2. 131A. Disturbance of surface of certain highways

      3. 132. Unauthorised marks on highways

      4. 133. Damage to footways of streets by excavations

      5. 134. Ploughing etc. of footpath or bridleway

      6. 135. Authorisation of other works disturbing footpath or bridleway

      7. 135A. Temporary diversion for dangerous works

      8. 135B. Temporary diversion for dangerous works: supplementary

      9. 136. Damage to highway consequent on exclusion of sun and wind

    3. Obstruction of highways and streets

      1. 137. Penalty for wilful obstruction

      2. 137ZA. Power to order offender to remove obstruction

      3. 137A. Interference by crops

      4. 138. Penalty for erecting building, etc., in highway

      5. 139. Control of builders’ skips

      6. 140. Removal of builders’ skips

      7. 140A. Builder’s skips: charge for occupation of highway

      8. 141. Restriction on planting of trees etc. in or near carriageway

      9. 142. Licence to plant trees, shrubs, etc., in a highway

      10. 143. Power to remove structures from highways

      11. 144. Power to erect flagpoles etc. on highways

      12. 145. Powers as to gates across highways

      13. 146. Duty to maintain stiles etc. on footpaths and bridleways

      14. 147. Power to authorise erection of stiles etc. on footpath or bridleway

      15. 147ZA. Agreements relating to improvements for benefit of persons with mobility problems

      16. 147A. Road-side sales

      17. 148. Penalty for depositing things or pitching booths etc. on highway

      18. 149. Removal of things so deposited on highways as to be a nuisance etc

      19. 150. Duty to remove snow soil etc. from highway

      20. 151. Prevention of soil etc. being washed on to street

      21. 152. Powers as to removal of projections from buildings

      22. 153. Doors etc. in streets not to open outwards

      23. 154. Cutting or felling etc. trees etc. that overhang or are a danger to roads or footpaths

      24. 155. Penalties in connection with straying animals

      25. 156.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

      26. 157—159... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

      27. 160.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

      28. 160A. Further powers of highway authorities and district council in relation to highways

    4. Danger or annoyance to users of highways and streets

      1. 161. Penalties for causing certain kinds of danger or annoyance

      2. 161A. Danger or annoyance caused by fires lit otherwise than on highways

      3. 162. Penalty for placing rope, etc. across highway

      4. 163. Prevention of water falling on or flowing on to highway

      5. 164. Power to require removal of barbed wire

      6. 165. Dangerous land adjoining street

      7. 166. Forecourt abutting on streets

      8. 167. Powers relating to retaining walls near streets

    5. Precautions to be taken in doing certain works in or near streets or highways

      1. 168. Building operations affecting public safety

      2. 169. Control of scaffolding on highways

      3. 170. Control of mixing of mortar etc. on highways

      4. 171. Control of deposit of building materials and making of excavations in streets

      5. 171A. Works under s. 169 or s. 171: charge for occupation of the highway

      6. 172. Hoardings to be set up during building etc

      7. 173. Hoardings to be securely erected

      8. 174.Precautions to be taken by persons executing works in streets

      9. 175. Liability of certain persons in respect of materials left on highway

      10. 175A. Duty to have regard to needs of disabled and blind in executing works, etc

    6. Miscellaneous

      1. 176.Restriction on construction of bridges over highways

      2. 177. Restriction on construction of buildings over highways

      3. 178. Restriction on placing rails, beams etc. over highways

      4. 179. Control of construction of cellars etc. under street

      5. 180. Control of openings into cellars etc. under streets, and pavement lights and ventilators

      6. 181.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

      7. 182.

      8. 183.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

      9. 184. Vehicle crossings over footways and verges

      10. 185.Power to install refuse or storage bins in streets

  13. Part X

    . .

    1. New street byelaws

      1. 186.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

      2. 187.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

      3. 188.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

      4. 189.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

      5. 190.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

    2. Passing of plans deposited under byelaws

      1. 191.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

      2. 192.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

    3. Requirements and prohibitions as to new streets

      1. 193.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

      2. 194.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

      3. 195.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

      4. 196.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

    4. Enforcement of byelaws and requirements of local authority

      1. 197.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

      2. 198.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

      3. 199.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

    5. Provisions as to regulation of new streets by enactment

      1. 200.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

    6. Supplemental provisions

      1. 201.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

      2. 202.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

  14. Part XI

    Making up of Private Streets

    1. Introductory

      1. 203. Interpretation of Part XI

      2. 204. Purposes and application of private street works code and advance payments code

    2. The private street works code

      1. 205. Street works in private streets

      2. 206. Incidental works

      3. 207. Provisional apportionment of expenses

      4. 208. Objections to proposed works

      5. 209. Hearing and determination of objections

      6. 210. Power to amend specification, apportionment, etc

      7. 211. Final apportionment and objections to it

      8. 212. Recovery of expenses and charge thereof on premises

      9. 213. Power for limited owners to borrow for expenses

      10. 214. Financial provisions

      11. 215. Exemption for place of public religious worship

      12. 216. Certain railways and canals not to be chargeable with expenses

      13. 217. Objections only to be made as provided by private street works code

      14. 218. Saving for Thames Water Authority and Port of London Authority

    3. The advance payments code

      1. 219. Payments to be made by owners of new buildings in respect of street works

      2. 220. Determination of liability for, and amount of, payments

      3. 221.Refunds etc. where work done otherwise than at expense of street works authority

      4. 222.Sums paid or secured to be in discharge of further liability for street works

      5. 223.Determination to cease to have effect when plans not proceeded with

      6. 224.Certain matters to be local land charges

      7. 225.Interest on sums paid under advance payments code

    4. General

      1. 226. Power to vary width of carriageway and footway on making up a private street

      2. 227. Widening of highway comprised in private street

      3. 228. Adoption of private street after execution of street works

      4. 229. Power of majority of frontagers to require adoption where advance payment made

      5. 230. Urgent repairs to private streets

      6. 231. Compensation for damage caused by execution of street works

      7. 232. Power to treat as a private street land designated for purposes of this section by development plan

      8. 233. Appeal to Minister under private street works code

      9. 234. Provisions as to private street in area of more than one street works authority

      10. 235. Evasion of private street works expenses by owners

      11. 236. Contribution by street works authority to expenses of street works

      12. 237. Power of street works authority to grant charging order

  15. Part XII

    Acquisition, Vesting and Transfer of Land etc

    1. Introductory

      1. 238. Interpretation etc. of Part XII

    2. Acquisition of land generally

      1. 239. Acquisition of land for construction, improvement etc. of highway: general powers

      2. 240. Acquisition of land in connection with construction, improvement etc. of highway: further general powers

      3. 241. Acquisition of land between improvement line and boundary of street

      4. 242. Acquisition of land for execution of works in connection with certain bridges

      5. 243. Acquisition of land for cattle-grids etc

      6. 244. Acquisition of land for road-ferries

      7. 245. Acquisition of land for buildings etc. needed for discharge of functions of highway authority

      8. 245A.Acquisition of land by Secretary of State or Assembly for buildings etc. needed for traffic management purposes

      9. 246. Acquisition of land for mitigating adverse effects of constructing or improving highway

      10. 247. General provision as to acquisition procedure etc

      11. 248. Acquisition in advance of requirements

      12. 249. Distance limits from highway applicable to compulsory acquisition

    3. Additional provisions with respect to acquisition of rights over land

      1. 250. Land acquisition powers to extend to creation as well as acquisition of rights

      2. 251. Rights acquired to be binding on successive owners of the land

      3. 252.Power of landowner affected by rights acquisition to compel acquisition of whole interest

      4. 253. Agreements as to use of land near highways

      5. 254. Compulsory acquisition for certain purposes of rights in land belonging to local authorities etc

      6. 255. Liability for certain expenses resulting from order under section 254

    4. Exchange of land

      1. 256. Power to exchange land to adjust boundaries of highways

    5. Further provisions with respect to acquisition procedure for exercise of highway land acquisition powers

      1. 257. Compulsory acquisition proceedings taken concurrently with other related proceedings, etc

      2. 258. Provisions relating to objections to compulsory purchase orders

      3. 259. Power to confirm, etc., compulsory purchase order in part and postpone consideration of remainder

      4. 260. Clearance of title to land acquired for statutory purposes

    6. Special compensation provisions as respects certain compulsory acquisitions for highway purposes

      1. 261.Benefit to vendor to be taken into account in assessing compensation on certain compulsory acquisitions for highway purposes

      2. 262. Assumptions to be made in assessing compensation on certain compulsory acquisitions of land for service stations etc. and lorry areas for special roads

    7. Vesting of highways etc

      1. 263.Vesting of highways maintainable at public expense

      2. 264. Vesting of drains etc. of certain roads

    8. Transfer of property and liabilities on change of status of highway etc

      1. 265.Transfer of property and liabilities upon a highway becoming or ceasing to be a trunk road

      2. 266. Transfer to Minister of privately maintainable bridges carrying trunk roads

      3. 266A. Transfer of property and liabilities upon a highway becoming or ceasing to be a GLA road

      4. 266B. Transfer of employees upon a highway becoming or ceasing to be a GLA road

      5. 267. Transfer to local highway authorities of privately maintainable bridges carrying special roads

      6. 268. Transfer of property and liabilities in connection with special roads etc

      7. 269.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

      8. 270. Transfer of lighting systems

      9. 271. Provisions with respect to transfer of toll highways to highway authorities

  16. Part XIII

    Financial Provisions

    1. 272. Advances for highway purposes

    2. 273.Contributions by county councils to expenses of district councils under section 96

    3. 274.Contributions by councils towards expenses of highway authorities

    4. 274A. Contributions by parish or community councils

    5. 275. Contributions by councils and local planning authorities towards expenses incurred in connection with footpaths and bridleways

    6. 276. Contributions to land drainage works which will benefit trunk roads

    7. 277. Contribution towards maintenance of bridge where road ceases to be a trunk road

    8. 278. Agreements as to execution of works

    9. 279. Borrowing power of councils

    10. 280. Application of certain sums payable to local highway authorities

    11. 281. Exemption from stamp duty

    12. 281A.Stamp duty land tax

  17. Part XIV

    Miscellaneous and Supplementary Provisions

    1. Miscellaneous powers etc. of highway authorities and local authorities

      1. 282. Power of highway authority to execute works for mitigating adverse effect of constructing or improving etc. highway

      2. 283. Power of Minister to conduct experiments

      3. 284. Powers of Minister in relation to privately maintainable parts of trunk roads

      4. 284A. Trunk roads: miscellaneous functions of Secretary of State

      5. 285. Power of Minister and Greater London Council to execute in Greater London road improvements not involving widening

      6. 286. Power to require angles of new buildings at corners of streets to be rounded off

      7. 287. Power to erect barriers in streets in cases of emergency etc

      8. 288. Power to require gas and water pipes to be moved

      9. 289. Powers of entry of highway authority for the purpose of survey

      10. 290.Supplementary provisions as to powers of entry for the purpose of survey

      11. 291. Powers of entry of highway authority for purpose of maintaining, etc. certain structures and works

      12. 292. Compensation for damage resulting from, and offences connected with, exercise of powers of entry etc. under section 289 or 291

      13. 293. Powers of entry for purposes connected with certain orders relating to footpaths and bridleways

      14. 294. Entry, etc., of premises by highway authority or council for certain purposes

      15. 295. Power of councils to dispose of certain materials

      16. 296. Power of highway authority or council to execute certain works on behalf of other person

      17. 297. Power of highway authority or council to require information as to ownership of land

      18. 298. Duty of local authorities to furnish information to county councils and the Greater London Council

      19. 299. Right to discharge water

      20. 300. Right of local authorities to use vehicles and appliances on footways and bridleways

      21. 301. Restriction on exercise of powers of lighting authorities

    2. London borough council affecting roads of another authority

      1. 301A. London borough council exercising powers so as to affect another authority’s roads

      2. 301B. Royal Parks or highways in London affected by proposals relating to the other

    3. Inquiries

      1. 302. Provisions as to inquiries

    4. Obstruction of persons executing Act

      1. 303. Penalty for obstructing execution of Act

      2. 304. Power to require occupier to permit works to be executed by owner

    5. Recovery of expenses

      1. 305. Recovery of expenses by councils and highway authorities

      2. 306. Time-limit for summary proceedings for recovery of expenses

    6. Determination of disputes as to compensation

      1. 307. Disputes as to compensation which are to be determined by Lands Tribunal and related provisions

      2. 308. Disputes as to compensation which are to be determined by arbitration or county court

      3. 309. Compensation in respect of depreciation in value of interest in land subject to mortgage

    7. Prosecutions, appeals, etc

      1. 310. Summary proceedings for offences

      2. 311. Continuing offences

      3. 312. Restriction on institution of proceedings

      4. 313.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

      5. 314. Offences by body corporate

      6. 315. Notice to be given of right of appeal

      7. 316. Appeals and applications to magistrates’ courts

      8. 317. Appeals to the Crown Court from decisions of magistrates’ courts

      9. 318. Effect of decision of court upon an appeal

      10. 319. Judges and justices not to be disqualified by liability to rates

    8. Notices, etc

      1. 320. Form of notices etc

      2. 321. Authentication of documents etc

      3. 322. Service of notices etc

      4. 323. Reckoning of periods

    9. Regulations, schemes, orders, etc

      1. 324. Regulations for procedure in connection with, and centre line of roads authorised etc. by, certain schemes and orders

      2. 325. Provisions as to regulations, schemes and orders

      3. 326. Revocation and variation of schemes and orders

    10. Crown application

      1. 327. Application of Act to Crown land

    11. Interpretation

      1. 328. Meaning of “highway”

      2. 329. Further provision as to interpretation

      3. 330. Construction of certain enactments relating to execution of works by statutory undertakers

      4. 331. References to functions of council as respects any highway

      5. 332. Widening of carriageway not to cease to be improvement by reason of diminution etc. of footway

    12. Savings etc.

      1. 333. Saving for rights and liabilities as to interference with highways

      2. 334.

      3. 335. Saving for minerals etc

      4. 336. Saving for Coast Protection Act 1949

      5. 337. Saving for obligation to obtain planning permission

      6. 338. Saving for works, etc., of dock, harbour and canal undertakers

      7. 339. Saving for works etc. of drainage authorities etc

      8. 340. Preservation of amendments

      9. 341. Amendment of section 303 of Public Health Act 1875

      10. 342.Amendment of section 41 of the Countryside Act 1968

      11. 343.†Transitional provisions, amendments and repeals

      12. 344. Application to Isles of Scilly

      13. 345. Short title, commencement and extent

  18. SCHEDULE 1

    Procedures for Making or Confirming Certain Orders and Schemes

  19. SCHEDULE 2

    Validity and Date of Operation of Certain Schemes and Orders

  20. SCHEDULE 3

    Provisions of this Act Referred to in Section 11

  21. SCHEDULE 4

    Classes of Traffic for Purposes of Special Roads

  22. SCHEDULE 5

    Modifications of Certain Provisions of the Town and Country Planning Act 1990 as Applied by Section 21

  23. SCHEDULE 6

    Provisions as to Making, Confirmation, Validity and Date of Operation of Certain Orders Relating to Footpaths and Bridleways

  24. SCHEDULE 7

    Maintenance of Certain Highways by District Councils

  25. SCHEDULE 8

    Consents Required for Execution of Certain Works in Streets

  26. SCHEDULE 9

    Improvement Lines and Building Lines

  27. SCHEDULE 10

    Procedure for Determination by Highway Authority of Certain Questions Arising in Connection with Provision of Cattle-Grid or By-Pass

  28. SCHEDULE 11

    Provisions as to Orders under Section 93 of this Act

  29. SCHEDULE 12

    Provisions as to Orders Under Section 116 and Conveyances Under Section 256

  30. Schedule 12ZA

    Delegation of function of making determination

  31. SCHEDULE 12A

    Further Powers of Highway Authorities and Councils in Relation to Interference with Highways

  32. SCHEDULE 13

    Deductions from Rents

  33. SCHEDULE 14

    Provisions with Respect to Notices Under Section 184

  34. SCHEDULE 15

    Application of Advance Payments Code

  35. SCHEDULE 16

  36. SCHEDULE 17

    Purposes for which Additional Land May be Taken in Advance of Requirements

  37. SCHEDULE 18

    Distance Limits from Highway Applicable to Compulsory Acquisition

  38. SCHEDULE 19

    Compulsory Acquisition of Rights: Modification of 1946 and 1965 Acts

  39. SCHEDULE 20

    Acquisition of Land or Rights: Related Schemes and Orders

  40. SCHEDULE 21

    Transitional Matters Arising where a Highway Becomes a Trunk Road or a Trunk Road Ceases to be a Trunk Road

  41. SCHEDULE 22

    Provisions of this Act to which Sections 288, 294, 312, 338, 339 and 341 of this Act Apply

  42. SCHEDULE 23

    Transitional Provisions

  43. SCHEDULE 24

    Consequential Amendments

  44. SCHEDULE 25

    Repeals

An Act to consolidate the Highways Acts 1959 to 1971 and related enactments, with amendments to give effect to recommendations of the Law Commission.

[13th November 1980]

Annotations:

Modifications etc. (not altering text)

C1Act: definition of "carriageway" applied (prosp.) by Pipelines Act 1962 (c. 58, SIF 102), s. 15(10)

Act: definitions ("highway authority", "local highway authority", "special road", "special road authority" and "traffic") applied (1.11.1991) by New Roads and Street Works Act 1991 (c. 22, SIF 59, 108), s. 26(1)(with ss. 25(2), 167(2)); S.I. 1991/2288, art. 3, Sch.

Act: definitions ("highway" and "highway authority") applied (1.12.1991) by Water Industry Act 1991 (c. 56, SIF 130), ss. 219(1), 223(2) (with ss. 82(3), 186(1), 222(1), Sch. 13 para. 1, Sch. 14 para. 6)

Act: definitions ("bridleway" and "footpath") applied (1.12.1991) by Water Industry Act 1991 (c. 56, SIF 130), ss. 167, 223(2), Sch. 11 para. 10 (with ss. 82(3), 186(1), 222(1), Sch. 13 para. 1, Sch. 14 para. 6)

Act: definitions applied (1.12.1991) by Water Industry Act 1991 (c. 56, SIF 130), ss. 183, 223(2), Sch. 13 para. 3(1) (with ss. 82(3), 186(1), 222(1), Sch. 13 para. 1, Sch. 14 para. 6)

Act: definition of "highway" applied (1.12.1991) by Water Resources Act 1991 (c. 57, SIF 130), ss. 221(1), 225(2) (with ss. 16(6), 179, 222(3), 224(1), 225(4), Sch. 22 para. 1)

Act: definitions ("bridleway" and "footpath") applied (1.12.1991) by Water Resources Act 1991 (c. 57, SIF 130), ss. 168, 225(2), Sch. 19 para. 10 (with ss. 16(6), 179, 222(3), 224(1), 225(4), Sch. 22 para. 1)

Act: definitions applied (1.12.1991) by Water Resources Act 1991 (c. 57, SIF 130), ss. 178, 225(2), Sch. 22 para. 3(1) (with ss. 16(6), 179, 222(3), 224(1), 225(4), Sch. 22 para. 1)

Act: definitions ("highway authority" and "local highway authority") applied (14.7.1992) by New Roads and Street Works Act 1991 (c. 22, SIF 59, 108), s. 86(1) (with s. 167(4)(5)); S.I. 1992/1686, art. 3, Sch.

Act: definitions ("carriageway" and "footway") applied (14.7.1992) by New Roads and Street Works Act 1991 (c. 22, SIF 59, 108), s. 105(1) (with s. 167(4)(5)); S.I. 1992/1686, art. 3, Sch.

C2Act: functions of Minister of Transport (except those exercisable jointly with Secretary of State under ss. 258, 300(2), Sch. 1 paras. 7, 8, 14, 15, 18, 19, 21) now exercisable by Secretary of State by S.I. 1981/238, arts. 2(2), 3(2)(3)

Act: certain functions made exercisable as specified (25.7.1995) by S.I. 1995/1986, art. 2, Sch. 1

Act: powers transferred (1.7.1999) (subject to the specified exceptions in the amending S.I.) by S.I. 1999/672, art. 2, Sch.

C3Act extended by Gas Act 1986 (c. 44, SIF 44:2), s. 67(1)(3), Sch. 7 para. 2(1)(xl), Sch. 8 para. 33

Act extended by Electricity Act 1989 (c. 29, SIF 44:1), ss. 112(1)(3), Sch. 16 para. 2(4)(d)(6)(9), Sch. 17 paras. 33, 35(1)

Act extended by Water Act 1989 (c. 15, SIF 130), ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)-(10), 190, 193(1), Sch. 25 para. 1(2)(xxv)(8), Sch. 26 paras. 3(1)(2), 17, 40(4), 57(6), 58

Act extended (10.11.1993) by 1993 c. 28, s. 172(5); S.I. 1993/2762, art. 3

C4Act amended (prosp. in part) by Town and Country Planning Act 1990 (c. 8, SIF 123:1), ss. 27, 28 (1)(2)

Act amended by Town and Country Planning Act 1990 (c. 8, SIF 123:1), s. 54(1)

Act amended (1.3.1996) by 1995 c. 45, s. 16(1), Sch. 4 para. 2(1)(xxix); S.I. 1996/218, art. 2

Act amended (1.3.1996) by 1995 c. 45, s. 16(1), Sch. 4 para. 2(6); S.I. 1996/218, art. 2

Act amended (1.4.1996) by S.I. 1996/593, reg. 2, Sch. 1

C5Act: power to exclude conferred by Town and Country Planning Act 1990 (c. 8, SIF 123:1), s. 61(3)(b)

Act: power to apply conferred by Town and Country Planning Act 1990 (c. 8, SIF 123:1), s. 247(3)

C6Act restricted (1.10.1991) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 60(1); S.I. 1991/2054, art. 3

C7Act applied (1.11.1991) by New Roads and Street Works Act 1991 (c. 22, SIF 59, 108), s. 1(2); S.I. 1991/2288, art. 3, Sch.

C8Act modified by Channel Tunnel Act 1987 (c. 53, SIF 102), s. 35, Sch. 4 paras. 7(1), 10(1)

Act modified by Dartford-Thurrock Crossing Act 1988 (c. 20, SIF 59), ss. 3, 19, Sch. 3 para. 9

Act modified by Town and Country Planning Act 1990 (c. 8, SIF 123:1), ss. 28, 54, Sch. 2 Pt. I para. 1(2), Pt. III para. 2

Act modified (10.2.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 27, Sch. 4 Pt. III para. 44(9) (with s. 84(5)); S.I. 1991/2095, art. 4

Act modified (13.2.1992) by the Severn Bridges Act 1992 (c. 3), s. 3, Sch. 3 para. 5(3)

Act modified (1.4.1996) by 1990 c. 8, Sch. 2 Pt. IA (inserted (1.4.1996) by 1994 c. 19, s. 20(3), Sch. 5 Pt. II para. 8 (with s. 54(7), Sch. 17 paras. 22(1), 23(2)); S.I. 1995/3198, art. 4, Sch. 2

Act modified (18.12.1996) by 1996 c. 61, s. 44, Sch. 12 Pt. III para. 8(1)

Act modified (18.12.1996) by 1996 c. 61, s. 44, Sch. 12 Pt. III para. 11

Act modified (28.9.2004 for E. and 15.10.2003 for W.) by Planning and Compulsory Purchase Act 2004 (c. 5), s. 38 (with s. 111); S.I. 2004/2202, art. 2(c) (subject to art. 4); S.I. 2005/2847, art. 2(a) (subject to art. 3)

C9Act excluded (26.8.2005) by The River Tyne (Tunnels) Order 2005 (S.I. 2005/2222), art. 10(6) (with arts. 45(1), 48, Sch. 10 paras. 21, 29)

Act excluded (26.8.2005) by The River Tyne (Tunnels) Order 2005 (S.I. 2005/2222), art. 37(1) (with arts. 45(1), 48, Sch. 10 paras. 21, 29)

Extent Information

E1Act: extends to England and Wales only except Sch. 24 para. 18(c), see s. 345(3)

Commencement Information

I1Act not in force at Royal Assent, see s. 345(2); Act wholly in force at 1.1.1981

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