Change 1 Article Choose an article Title and introductory text 1 Highway authorities: general provision. 2 Highway authority for road which ceases to be a trunk road. 3 Highway authority for approaches to and parts of certain bridges. 4 Agreement for exercise by Ministeror strategic highways company of certain functions of local highway authority as respects highway affected by construction, etc. of trunk road. 5 Agreement for local highway authority to maintain and improve certain highways constructed or to be constructed by Ministeror strategic highways company. 6 Delegation etc. of functions with respect to trunk roads. 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Agreements between local highway authorities and strategic highways companies for doing of certain works. 9 Seconding of staff etc. 10 General provision as to trunk roads. 11 Local and private Act functions with respect to trunk roads. 12 General provision as to principal and classified roads. 13 Power to change designation of principal roads. 14 Powers as respects roads that cross or join trunk or classified roads. 14A Designation of first GLA roads by Secretary of State. 14B Orders of the Authority changing what are GLA roads. 14C Certification and records of GLA roads. 14D Construction of provisions relating to GLA roads. 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 General provision as to special roads. 17 Classification of traffic for purposes of special roads. 18 Supplementary orders relating to special roads. 19 Certain special roads and other highways to become trunk roads. 20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 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. 22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 Compensation in respect of certain works executed in pursuance of orders under section 14 or 18. 24 Construction of new highways and provision of road-ferries. 25 Creation of footpath , bridleway or restricted byway by agreement. 26 Compulsory powers for creation of footpaths , bridleways and restricted byways. 27 Making up of new footpaths , bridleways and restricted byways. 28 Compensation for loss caused by public path creation order. 29 Duty to have regard to agriculture, forestry and nature conservation. 30 Dedication of highway by agreement with parish or community council. 31 Dedication of way as highway presumed after public use for 20 years. 31A Register of maps, statements and declarations. 32 Evidence of dedication of way as highway. 33 Protection of rights of reversioners. 34 Conversion of private street into highway. 35 Creation of walkways by agreement. 36 Highways maintainable at public expense. 37 Provisions whereby highway created by dedication may become maintainable at public expense. 38 Power of highway authorities to adopt by agreement. 39 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40 Adoption of private streets. 41 Duty to maintain highways maintainable at public expense. 42 Power of district councils to maintain certain highways. 43 Power of parish and community councils to maintain footpaths , bridleways and restricted byways. 44 Person liable to maintain highway may agree to maintain publicly maintainable highway. 45 Power to get materials for repair of publicly maintainable highways. 46 Supplemental provisions with respect to the getting of materials under section 45. 47 Power of magistrates’ court to declare unnecessary highway to be not maintainable at public expense. 48 Power of magistrates’ court to order a highway to be again maintainable at public expense. 49 Maintenance of approaches to certain privately maintainable bridges. 50 Maintenance of privately maintainable footpaths and bridleways. 51 No liability to maintain by reason of enclosure if highway fenced with consent of highway authority. 52 Power to get materials for repair of privately maintainable highways. 53 Power of magistrates’ court to extinguish liability to maintain privately maintainable highway. 54 Extinguishment of liability to maintain privately maintainable highway diverted by order of magistrates’ court. 55 Extinguishment of liability to maintain or improve bridges comprised in trunk roads and special roads. 56 Proceedings for an order to repair highway. 57 Default powers of highway authorities in respect of non-repair of privately maintainable highways. 58 Special defence in action against a highway authority for damages for non-repair of highway. 59 Recovery of expenses due to extraordinary traffic. 60 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 61 Regulations supplementing maintenance powers of district councils. 62 General power of improvement. 63 Relief of main carriageway of trunk road from local traffic. 64 Dual carriageways and roundabouts. 65 Cycle tracks. 66 Footways and guard-rails etc. for publicly maintainable highways. 67 Guard-rails etc. in private streets. 68 Refuges. 69 Subways. 70 Footbridges over highways. 71 Margins for horses and livestock. 72 Widening of highways. 73 Power to prescribe improvement line for widening street. 74 Power to prescribe a building line. 75 Variation of widths of carriageways and footways. 76 Levelling of highways. 77 Alteration of levels. 78 Cutting off of corners. 79 Prevention of obstruction to view at corners. 80 Power to fence highways. 81 Provision of highway boundary posts. 82 Provision of cattle-grids and by-passes. 83 Removal of cattle-grids and discontinuance of by-passes. 84 Maintenance of cattle-grids and by-passes. 85 Exercise of powers by agreement between neighbouring authorities. 86 Supersession of gates by cattle-grids. 87 Agreements for use of land for cattle-grids or by-passes. 88 Contributions towards expenditure of highway authorities. 89 Delegation to certain authorities of functions of Minister. 90 Protection of bridges and railways. 90A Construction of road humps by highway authority. 90B Additional powers of the Secretary of State. 90C Consultation and local inquiries. 90CA Special procedure for certain road humps in London. 90D Regulations concerning construction and maintenance of road humps. 90E Status of road humps. 90F Meaning of “road hump” and interpretation of sections 90A to 90E. 90G Powers to carry out traffic calming works. 90GA Special procedure for certain traffic calming works in London. 90H Prescribing of works. 90I Status of works authorised by section 90G. 91 Construction of bridge to carry existing highway maintainable at public expense. 92 Reconstruction of bridge maintainable at public expense. 93 Power to make orders as to reconstruction, improvement, etc., of privately maintainable bridges. 94 Powers of highway authorities and bridge owners to enter into agreements. 95 Supplemental provisions as to orders and agreements under sections 93 and 94. 95A Power to install equipment for detection of traffic offencesetc. 96 Powers of highway and local authorities to plant trees, lay out grass verges, etc. 96A Duty of local highway authorities in England to consult before felling street trees 97 Lighting of highways. 98 Delegation of lighting functions of highway authority. 99 Metalling of highways. 100 Drainage of highways. 101 Power to fill in roadside ditches etc. 102 Provision of works for protecting highways against hazards of nature. 103 Provision of posts to indicate depth of flood water. 104 Mitigating nuisance of dust. 105 Power to improve road-ferries. 105ZA Interpretation 105A Screening of projects for constructing or improving highways 105AA Exemptions 105AB Publication of screening decisions: projects not to be subject to an environmental impact assessment 105B Publication of screening decision and environmental statement for projects subject to an environmental impact assessment 105BA Co-ordination 105C ... EEA States. 105CA Conclusion about environmental impact of a project for constructing or improving a highway 105CB Decision about whether or not to proceed with a project subject to an environmental impact assessment 105CC Timing of conclusion and decision 105CD Publication of conclusion and decision 105D Validity of decisions 106 Orders and schemes providing for construction of bridges over or tunnels under navigable waters. 107 Provisions supplementary to section 106. 108 Power to divert navigable watercourses. 109 Provisions supplementary to section 108. 110 Power to divert non-navigable watercourses and to carry out other works on any watercourse. 111 Interpretation of Part VI. 112 Provision of picnic sites and public conveniences for users of trunk roads. 113 Exercise by council of functions of Ministeror a strategic highways company with respect to management or provision of picnic sites etc. 114 Provision of public conveniences by county council for users of roads for which they are the highway authority. 115 Provision of areas for parking heavy goods vehicles, etc. 115A Scope of Part VIIA. 115B Provision etc. of services and amenities by councils. 115C Provision of recreation and refreshment facilities by councils. 115D Limits of powers under ss. 115B and 115C. 115E Execution of works and use of objects etc. by persons other than councils. 115F Power to impose conditions on permissions under section 115E. 115G Notices to be given before exercise of powers under Part VIIA. 115H Duties to consult or obtain consent of other authorities. 115J Consents not to be unreasonably withheld. 115K Failure to comply with terms of permission. 116 Power of magistrates’ court to authorise stopping up or diversion of highway. 117 Application for order under section 116 on behalf of another person. 118 Stopping up of footpaths , bridleways and restricted byways. 118A Stopping up of footpaths , bridleways and restricted byways crossing railways. 118B Stopping up of certain highways for purposes of crime prevention, etc. 119 Diversion of footpaths , bridleways and restricted byways. 119A Diversion of footpaths, bridleways and restricted byways crossing railways. 119B Diversion of certain highways for purposes of crime prevention, etc. 119D Diversion of certain highways for protection of sites of special scientific interest. 119E Provisions supplementary to section 119D. 120 Exercise of powers of making public path extinguishment and diversion orders. 121 Supplementary provisions as to public path extinguishment and diversion orders. 121B Register of applications. 122 Power to make temporary diversion where highway about to be repaired or widened. 123 Saving and interpretation. 124 Stopping up of private access to highways. 125 Further powers to stop up private access to premises. 126 Provisions supplementary to sections 124 and 125 etc. 127 Stopping up private access to premises by agreement. 128 Penalty for using access which has been stopped up. 129 Further provisions with respect to new means of access. 129A Gating orders 129B Effect of gating orders 129C Procedure for gating orders 129D Validity of gating orders 129E Publication and availability of gating orders 129F Variation and revocation of gating orders 129G Interpretation 130 Protection of public rights. 130A Notices to enforce duty regarding public paths. 130B Orders following notice under section 130A. 130C Section 130B: procedure. 130D Section 130B: costs. 131 Penalty for damaging highway etc. 131A Disturbance of surface of certain highways. 132 Unauthorised marks on highways. 133 Damage to footways of streets by excavations. 134 Ploughing etc. of footpath or bridleway. 135 Authorisation of other works disturbing footpath , bridleway or restricted byway. 136 Damage to highway consequent on exclusion of sun and wind. 137 Penalty for wilful obstruction. 137ZA Power to order offender to remove obstruction. 137A Interference by crops. 138 Penalty for erecting building, etc., in highway. 139 Control of builders’ skips. 140 Removal of builders’ skips. 140A Builder’s skips: charge for occupation of highway. 141 Restriction on planting of trees etc. in or near carriageway. 142 Licence to plant trees, shrubs, etc., in a highway. 143 Power to remove structures from highways. 144 Power to erect flagpoles etc. on highways. 145 Powers as to gates across highways. 146 Duty to maintain stiles etc. on footpaths , bridleways and restricted byways. 147 Power to authorise erection of stiles etc. on footpath or bridleway. 147ZA Agreements relating to improvements for benefit of persons with mobility problems. 147A Road-side sales. 148 Penalty for depositing things or pitching booths etc. on highway. 149 Removal of things so deposited on highways as to be a nuisance etc. 150 Duty to remove snow soil etc. from highway. 151 Prevention of soil etc. being washed on to street. 152 Powers as to removal of projections from buildings. 153 Doors etc. in streets not to open outwards. 154 Cutting or felling etc. trees etc. that overhang or are a danger to roads or footpaths. 155 Penalties in connection with straying animals. 156 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 157 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 160 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 160A Further powers of highway authorities and district council in relation to highways. 161 Penalties for causing certain kinds of danger or annoyance. 161A Danger or annoyance caused by fires lit otherwise than on highways. 162 Penalty for placing rope, etc. across highway. 163 Prevention of water falling on or flowing on to highway. 164 Power to require removal of barbed wire. 165 Dangerous land adjoining street. 166 Forecourt abutting on streets. 167 Powers relating to retaining walls near streets. 168 Building operations affecting public safety. 169 Control of scaffolding on highways. 170 Control of mixing of mortar etc. on highways. 171 Control of deposit of building materials and making of excavations in streets. 171A Works under s. 169 or s. 171: charge for occupation of the highway. 172 Hoardings to be set up during building etc. 173 Hoardings to be securely erected. 174 Precautions to be taken by persons executing works in streets. 175 Liability of certain persons in respect of materials left on highway. 175A Duty to have regard to needs of disabled and blind in executing works, etc. 175B Consent of highway authority required for trunk road access 176 Restriction on construction of bridges over highways. 177 Restriction on construction of buildings over highways. 178 Restriction on placing rails, beams etc. over highways. 179 Control of construction of cellars etc. under street. 180 Control of openings into cellars etc. under streets, and pavement lights and ventilators. 181 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 182 . 183 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 184 Vehicle crossings over footways and verges. 185 Power to install refuse or storage bins in streets. 186 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 187 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 188 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 189 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 190 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 191 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 192 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 193 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 194 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 195 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 196 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 197 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 198 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 199 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 200 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 201 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 202 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 203 Interpretation of Part XI. 204 Purposes and application of private street works code and advance payments code. 205 Street works in private streets. 206 Incidental works. 207 Provisional apportionment of expenses. 208 Objections to proposed works. 209 Hearing and determination of objections. 210 Power to amend specification, apportionment, etc. 211 Final apportionment and objections to it. 212 Recovery of expenses and charge thereof on premises. 213 Power for limited owners to borrow for expenses. 214 Financial provisions. 215 Exemption for place of public religious worship. 216 Certain railways and canals not to be chargeable with expenses. 217 Objections only to be made as provided by private street works code. 218 Saving for Thames Water Authority and Port of London Authority. 219 Payments to be made by owners of new buildings in respect of street works. 220 Determination of liability for, and amount of, payments. 221 Refunds etc. where work done otherwise than at expense of street works authority. 222 Sums paid or secured to be in discharge of further liability for street works. 223 Determination to cease to have effect when plans not proceeded with. 224 Certain matters to be local land charges. 225 Interest on sums paid under advance payments code. 226 Power to vary width of carriageway and footway on making up a private street. 227 Widening of highway comprised in private street. 228 Adoption of private street after execution of street works. 229 Power of majority of frontagers to require adoption where advance payment made. 230 Urgent repairs to private streets. 231 Compensation for damage caused by execution of street works. 232 Power to treat as a private street land designated for purposes of this section by development plan. 233 Appeal to Minister under private street works code. 234 Provisions as to private street in area of more than one street works authority. 235 Evasion of private street works expenses by owners. 236 Contribution by street works authority to expenses of street works. 237 Power of street works authority to grant charging order. 238 Interpretation etc. of Part XII. 239 Acquisition of land for construction, improvement etc. of highway: general powers. 240 Acquisition of land in connection with construction, improvement etc. of highway: further general powers. 241 Acquisition of land between improvement line and boundary of street. 242 Acquisition of land for execution of works in connection with certain bridges. 243 Acquisition of land for cattle-grids etc. 244 Acquisition of land for road-ferries. 245 Acquisition of land for buildings etc. needed for discharge of functions of highway authority. 245A Acquisition of land by Secretary of State , strategic highways company or Assembly for buildings etc. needed for traffic management purposes 246 Acquisition of land for mitigating adverse effects of constructing or improving highway. 247 General provision as to acquisition procedure etc. 248 Acquisition in advance of requirements. 249 Distance limits from highway applicable to compulsory acquisition. 250 Land acquisition powers to extend to creation as well as acquisition of rights. 251 Rights acquired to be binding on successive owners of the land. 252 Power of landowner affected by rights acquisition to compel acquisition of whole interest. 253 Agreements as to use of land near highways. 254 Compulsory acquisition for certain purposes of rights in land belonging to local authorities etc. 255 Liability for certain expenses resulting from order under section 254. 256 Power to exchange land to adjust boundaries of highways. 257 Compulsory acquisition proceedings taken concurrently with other related proceedings, etc. 258 Provisions relating to objections to compulsory purchase orders. 259 Power to confirm, etc., compulsory purchase order in part and postpone consideration of remainder. 260 Clearance of title to land acquired for statutory purposes. 261 Benefit to vendor to be taken into account in assessing compensation on certain compulsory acquisitions for highway purposes. 262 Assumptions to be made in assessing compensation on certain compulsory acquisitions of land for service stations etc. and lorry areas for special roads. 263 Vesting of highways maintainable at public expense. 264 Vesting of drains etc. of certain roads. 265 Transfer of property and liabilities upon a highway becoming or ceasing to be a trunk road. 266 Transfer to Ministeror a strategic highways company of privately maintainable bridges carrying trunk roads. 266A Transfer of property and liabilities upon a highway becoming or ceasing to be a GLA road. 266B Transfer of employees upon a highway becoming or ceasing to be a GLA road. 267 Transfer to local highway authorities of privately maintainable bridges carrying special roads. 268 Transfer of property and liabilities in connection with special roads etc. 269 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 270 Transfer of lighting systems. 271 Provisions with respect to transfer of toll highways to highway authorities. 272 Advances for highway purposes. 273 Contributions by county councils to expenses of district councils under section 96. 274 Contributions by councils towards expenses of highway authorities. 274A Contributions by parish or community councils. 275 Contributions by councils and local planning authorities towards expenses incurred in connection with footpaths , bridleways and restricted byways. 276 Contributions to land drainage works which will benefit trunk roads. 277 Contribution towards maintenance of bridge where road ceases to be a trunk road. 278 Agreements as to execution of works. 279 Borrowing power of councils. 280 Application of certain sums payable to local highway authorities. 281 Exemption from stamp duty. 281A Stamp duty land tax 281B Power to provide for fees for certain services 282 Power of highway authority to execute works for mitigating adverse effect of constructing or improving etc. highway. 283 Power of Minister to conduct experiments. 284 Powers of Ministeror strategic highways company in relation to privately maintainable parts of trunk roads. 284A Trunk roads: miscellaneous functions of Secretary of Stateand strategic highways company . 285 Power of Minister and Greater London Council to execute in Greater London road improvements not involving widening. 286 Power to require angles of new buildings at corners of streets to be rounded off. 287 Power to erect barriers in streets in cases of emergency etc. 288 Power to require gas and water pipes to be moved. 289 Powers of entry of highway authority for the purpose of survey. 290 Supplementary provisions as to powers of entry for the purpose of survey. 291 Powers of entry of highway authority for purpose of maintaining, etc. certain structures and works. 292 Compensation for damage resulting from, and offences connected with, exercise of powers of entry etc. under section 289 or 291. 293 Powers of entry for purposes connected with certain orders relating to footpaths and bridleways. 294 Entry, etc., of premises by highway authority or council for certain purposes. 295 Power of councils to dispose of certain materials. 296 Power of highway authority or council to execute certain works on behalf of other person. 297 Power of highway authority or council to require information as to ownership of land. 298 Duty of local authorities to furnish information to county councils and the Greater London Council. 299 Right to discharge water. 300 Right of local authorities to use vehicles and appliances on footways , bridleways and restricted byways. 301 Restriction on exercise of powers of lighting authorities. 301A London borough council exercising powers so as to affect another authority’s roads. 301B Royal Parks or highways in London affected by proposals relating to the other. 302 Provisions as to inquiries. 303 Penalty for obstructing execution of Act. 304 Power to require occupier to permit works to be executed by owner. 305 Recovery of expenses by councils and highway authorities. 306 Time-limit for summary proceedings for recovery of expenses. 307 Disputes as to compensation which are to be determined by Upper Tribunal and related provisions. 308 Disputes as to compensation which are to be determined by arbitration or county court. 309 Compensation in respect of depreciation in value of interest in land subject to mortgage. 310 Summary proceedings for offences. 311 Continuing offences. 312 Restriction on institution of proceedings. 313 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 314 Offences by body corporate. 315 Notice to be given of right of appeal. 316 Appeals and applications to magistrates’ courts. 317 Appeals to the Crown Court from decisions of magistrates’ courts. 318 Effect of decision of court upon an appeal. 319 Judges and justices not to be disqualified by liability to rates. 320 Form of notices etc. 321 Authentication of documents etc. 322 Service of notices etc. 323 Reckoning of periods. 324 Regulations for procedure in connection with, and centre line of roads authorised etc. by, certain schemes and orders. 325 Provisions as to regulations ... and orders. 326 Revocation and variation of schemes and orders. 327 Application of Act to Crown land. 328 Meaning of “highway”. 329 Further provision as to interpretation. 330 Construction of certain enactments relating to execution of works by statutory undertakers. 331 References to functions of council as respects any highway. 332 Widening of carriageway not to cease to be improvement by reason of diminution etc. of footway. 333 Saving for rights and liabilities as to interference with highways. 334 335 Saving for minerals etc. 336 Saving for Coast Protection Act 1949. 337 Saving for obligation to obtain planning permission or development consent 338 Saving for works, etc., of dock, harbour and canal undertakers. 339 Saving for works etc. of drainage authorities etc. 340 Preservation of amendments. 341 Amendment of section 303 of Public Health Act 1875. 342 Amendment of section 41 of the Countryside Act 1968. 343 Transitional provisions, amendments and repeals. 344 Application to Isles of Scilly. 345 Short title, commencement and extent. SCHEDULE 1 Procedures for Making or Confirming Certain Orders and Schemes SCHEDULE 2 Validity and Date of Operation of Certain Schemes and Orders SCHEDULE 3 Provisions of this Act Referred to in Section 11 SCHEDULE 4 Classes of Traffic for Purposes of Special Roads SCHEDULE 5 Modifications of Certain Provisions of the Town and Country Planning Act 1990 as Applied by Section 21 SCHEDULE 6 Provisions as to Making, Confirmation, Validity and Date of Operation of Certain Orders Relating to Footpaths , Bridleways and Restricted Byways SCHEDULE 7 Maintenance of Certain Highways by District Councils SCHEDULE 8 Consents Required for Execution of Certain Works in Streets SCHEDULE 9 Improvement Lines and Building Lines SCHEDULE 10 Procedure for Determination by Highway Authority of Certain Questions Arising in Connection with Provision of Cattle-Grid or By-Pass SCHEDULE 11 Provisions as to Orders under Section 93 of this Act SCHEDULE 12 Provisions as to Orders Under Section 116 and Conveyances Under Section 256 Schedule 12ZA Delegation of function of making determination SCHEDULE 12A Further Powers of Highway Authorities and Councils in Relation to Interference with Highways SCHEDULE 13 Deductions from Rents SCHEDULE 14 Provisions with Respect to Notices Under Section 184 SCHEDULE 15 Application of Advance Payments Code SCHEDULE 16 SCHEDULE 17 Purposes for which Additional Land May be Taken in Advance of Requirements SCHEDULE 18 Distance Limits from Highway Applicable to Compulsory Acquisition SCHEDULE 19 Compulsory Acquisition of Rights: Modification of 1946 and 1965 Acts SCHEDULE 20 Acquisition of Land or Rights: Related Schemes and Orders SCHEDULE 21 Transitional Matters Arising where a Highway Becomes a Trunk Road or a Trunk Road Ceases to be a Trunk Road SCHEDULE 22 Provisions of this Act to which Sections 288, 294, 312, 338, 339 and 341 of this Act Apply SCHEDULE 23 Transitional Provisions SCHEDULE 24 Consequential Amendments SCHEDULE 25 Repeals
What to do with it
As published
58 Special defence in action against a highway authority for damages for non-repair of highway.
(1) In an action against a highway authority in respect of damage resulting from their failure to maintain a highway maintainable at the public expense it is a defence (without prejudice to any other defence or the application of the law relating to contributory negligence) to prove that the authority had taken such care as in all the circumstances was reasonably required to secure that the part of the highway to which the action relates was not dangerous for traffic.
(2) For the purposes of a defence under subsection (1) above, the court shall in particular have regard to the following matters:—
(a) the character of the highway, and the traffic which was reasonably to be expected to use it;
(b) the standard of maintenance appropriate for a highway of that character and used by such traffic;
(c) the state of repair in which a reasonable person would have expected to find the highway;
(d) whether the highway authority knew, or could reasonably have been expected to know, that the condition of the part of the highway to which the action relates was likely to cause danger to users of the highway;
(e) where the highway authority could not reasonably have been expected to repair that part of the highway before the cause of action arose, what warning notices of its condition had been displayed;
but for the purposes of such a defence it is not relevant to prove that the highway authority had arranged for a competent person to carry out or supervise the maintenance of the part of the highway to which the action relates unless it is also proved that the authority had given him proper instructions with regard to the maintenance of the highway and that he had carried out the instructions.
(3) This section binds the Crown.
(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Your wording
Your change, as a redline
58 Special defence in action against a highway authority for damages for non-repair of highway.
(1) In an action against a highway authority in respect of damage resulting from their failure to maintain a highway maintainable at the public expense it is a defence (without prejudice to any other defence or the application of the law relating to contributory negligence) to prove that the authority had taken such care as in all the circumstances was reasonably required to secure that the part of the highway to which the action relates was not dangerous for traffic.
(2) For the purposes of a defence under subsection (1) above, the court shall in particular have regard to the following matters:—
(a) the character of the highway, and the traffic which was reasonably to be expected to use it;
(b) the standard of maintenance appropriate for a highway of that character and used by such traffic;
(c) the state of repair in which a reasonable person would have expected to find the highway;
(d) whether the highway authority knew, or could reasonably have been expected to know, that the condition of the part of the highway to which the action relates was likely to cause danger to users of the highway;
(e) where the highway authority could not reasonably have been expected to repair that part of the highway before the cause of action arose, what warning notices of its condition had been displayed;
but for the purposes of such a defence it is not relevant to prove that the highway authority had arranged for a competent person to carry out or supervise the maintenance of the part of the highway to which the action relates unless it is also proved that the authority had given him proper instructions with regard to the maintenance of the highway and that he had carried out the instructions.
(3) This section binds the Crown.
(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
A proposal here is not law. Support on Solon is evidence that people want the change; the official route says what it takes to make it law.