Law

Highways Act 1980

United Kingdom · statute

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In force since 2026-09-14, as the publisher states.

Copy read on 2026-11-08. The page it was read from

Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

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Contents: 449 provisions
  1. Title and introductory text
  2. 1 Highway authorities: general provision.
  3. 2 Highway authority for road which ceases to be a trunk road.
  4. 3 Highway authority for approaches to and parts of certain bridges.
  5. 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.
  6. 5 Agreement for local highway authority to maintain and improve certain highways constructed or to be constructed by Ministeror strategic highways company.
  7. 6 Delegation etc. of functions with respect to trunk roads.
  8. 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  9. 8 Agreements between local highway authorities and strategic highways companies for doing of certain works.
  10. 9 Seconding of staff etc.
  11. 10 General provision as to trunk roads.
  12. 11 Local and private Act functions with respect to trunk roads.
  13. 12 General provision as to principal and classified roads.
  14. 13 Power to change designation of principal roads.
  15. 14 Powers as respects roads that cross or join trunk or classified roads.
  16. 14A Designation of first GLA roads by Secretary of State.
  17. 14B Orders of the Authority changing what are GLA roads.
  18. 14C Certification and records of GLA roads.
  19. 14D Construction of provisions relating to GLA roads.
  20. 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  21. 16 General provision as to special roads.
  22. 17 Classification of traffic for purposes of special roads.
  23. 18 Supplementary orders relating to special roads.
  24. 19 Certain special roads and other highways to become trunk roads.
  25. 20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  26. 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.
  27. 22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  28. 23 Compensation in respect of certain works executed in pursuance of orders under section 14 or 18.
  29. 24 Construction of new highways and provision of road-ferries.
  30. 25 Creation of footpath , bridleway or restricted byway by agreement.
  31. 26 Compulsory powers for creation of footpaths , bridleways and restricted byways.
  32. 27 Making up of new footpaths , bridleways and restricted byways.
  33. 28 Compensation for loss caused by public path creation order.
  34. 29 Duty to have regard to agriculture, forestry and nature conservation.
  35. 30 Dedication of highway by agreement with parish or community council.
  36. 31 Dedication of way as highway presumed after public use for 20 years.
  37. 31A Register of maps, statements and declarations.
  38. 32 Evidence of dedication of way as highway.
  39. 33 Protection of rights of reversioners.
  40. 34 Conversion of private street into highway.
  41. 35 Creation of walkways by agreement.
  42. 36 Highways maintainable at public expense.
  43. 37 Provisions whereby highway created by dedication may become maintainable at public expense.
  44. 38 Power of highway authorities to adopt by agreement.
  45. 39 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  46. 40 Adoption of private streets.
  47. 41 Duty to maintain highways maintainable at public expense.
  48. 42 Power of district councils to maintain certain highways.
  49. 43 Power of parish and community councils to maintain footpaths , bridleways and restricted byways.
  50. 44 Person liable to maintain highway may agree to maintain publicly maintainable highway.
  51. 45 Power to get materials for repair of publicly maintainable highways.
  52. 46 Supplemental provisions with respect to the getting of materials under section 45.
  53. 47 Power of magistrates’ court to declare unnecessary highway to be not maintainable at public expense.
  54. 48 Power of magistrates’ court to order a highway to be again maintainable at public expense.
  55. 49 Maintenance of approaches to certain privately maintainable bridges.
  56. 50 Maintenance of privately maintainable footpaths and bridleways.
  57. 51 No liability to maintain by reason of enclosure if highway fenced with consent of highway authority.
  58. 52 Power to get materials for repair of privately maintainable highways.
  59. 53 Power of magistrates’ court to extinguish liability to maintain privately maintainable highway.
  60. 54 Extinguishment of liability to maintain privately maintainable highway diverted by order of magistrates’ court.
  61. 55 Extinguishment of liability to maintain or improve bridges comprised in trunk roads and special roads.
  62. 56 Proceedings for an order to repair highway.
  63. 57 Default powers of highway authorities in respect of non-repair of privately maintainable highways.
  64. 58 Special defence in action against a highway authority for damages for non-repair of highway.
  65. 59 Recovery of expenses due to extraordinary traffic.
  66. 60 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  67. 61 Regulations supplementing maintenance powers of district councils.
  68. 62 General power of improvement.
  69. 63 Relief of main carriageway of trunk road from local traffic.
  70. 64 Dual carriageways and roundabouts.
  71. 65 Cycle tracks.
  72. 66 Footways and guard-rails etc. for publicly maintainable highways.
  73. 67 Guard-rails etc. in private streets.
  74. 68 Refuges.
  75. 69 Subways.
  76. 70 Footbridges over highways.
  77. 71 Margins for horses and livestock.
  78. 72 Widening of highways.
  79. 73 Power to prescribe improvement line for widening street.
  80. 74 Power to prescribe a building line.
  81. 75 Variation of widths of carriageways and footways.
  82. 76 Levelling of highways.
  83. 77 Alteration of levels.
  84. 78 Cutting off of corners.
  85. 79 Prevention of obstruction to view at corners.
  86. 80 Power to fence highways.
  87. 81 Provision of highway boundary posts.
  88. 82 Provision of cattle-grids and by-passes.
  89. 83 Removal of cattle-grids and discontinuance of by-passes.
  90. 84 Maintenance of cattle-grids and by-passes.
  91. 85 Exercise of powers by agreement between neighbouring authorities.
  92. 86 Supersession of gates by cattle-grids.
  93. 87 Agreements for use of land for cattle-grids or by-passes.
  94. 88 Contributions towards expenditure of highway authorities.
  95. 89 Delegation to certain authorities of functions of Minister.
  96. 90 Protection of bridges and railways.
  97. 90A Construction of road humps by highway authority.
  98. 90B Additional powers of the Secretary of State.
  99. 90C Consultation and local inquiries.
  100. 90CA Special procedure for certain road humps in London.
  101. 90D Regulations concerning construction and maintenance of road humps.
  102. 90E Status of road humps.
  103. 90F Meaning of “road hump” and interpretation of sections 90A to 90E.
  104. 90G Powers to carry out traffic calming works.
  105. 90GA Special procedure for certain traffic calming works in London.
  106. 90H Prescribing of works.
  107. 90I Status of works authorised by section 90G.
  108. 91 Construction of bridge to carry existing highway maintainable at public expense.
  109. 92 Reconstruction of bridge maintainable at public expense.
  110. 93 Power to make orders as to reconstruction, improvement, etc., of privately maintainable bridges.
  111. 94 Powers of highway authorities and bridge owners to enter into agreements.
  112. 95 Supplemental provisions as to orders and agreements under sections 93 and 94.
  113. 95A Power to install equipment for detection of traffic offencesetc.
  114. 96 Powers of highway and local authorities to plant trees, lay out grass verges, etc.
  115. 96A Duty of local highway authorities in England to consult before felling street trees
  116. 97 Lighting of highways.
  117. 98 Delegation of lighting functions of highway authority.
  118. 99 Metalling of highways.
  119. 100 Drainage of highways.
  120. 101 Power to fill in roadside ditches etc.
  121. 102 Provision of works for protecting highways against hazards of nature.
  122. 103 Provision of posts to indicate depth of flood water.
  123. 104 Mitigating nuisance of dust.
  124. 105 Power to improve road-ferries.
  125. 105ZA Interpretation
  126. 105A Screening of projects for constructing or improving highways
  127. 105AA Exemptions
  128. 105AB Publication of screening decisions: projects not to be subject to an environmental impact assessment
  129. 105B Publication of screening decision and environmental statement for projects subject to an environmental impact assessment
  130. 105BA Co-ordination
  131. 105C ... EEA States.
  132. 105CA Conclusion about environmental impact of a project for constructing or improving a highway
  133. 105CB Decision about whether or not to proceed with a project subject to an environmental impact assessment
  134. 105CC Timing of conclusion and decision
  135. 105CD Publication of conclusion and decision
  136. 105D Validity of decisions
  137. 106 Orders and schemes providing for construction of bridges over or tunnels under navigable waters.
  138. 107 Provisions supplementary to section 106.
  139. 108 Power to divert navigable watercourses.
  140. 109 Provisions supplementary to section 108.
  141. 110 Power to divert non-navigable watercourses and to carry out other works on any watercourse.
  142. 111 Interpretation of Part VI.
  143. 112 Provision of picnic sites and public conveniences for users of trunk roads.
  144. 113 Exercise by council of functions of Ministeror a strategic highways company with respect to management or provision of picnic sites etc.
  145. 114 Provision of public conveniences by county council for users of roads for which they are the highway authority.
  146. 115 Provision of areas for parking heavy goods vehicles, etc.
  147. 115A Scope of Part VIIA.
  148. 115B Provision etc. of services and amenities by councils.
  149. 115C Provision of recreation and refreshment facilities by councils.
  150. 115D Limits of powers under ss. 115B and 115C.
  151. 115E Execution of works and use of objects etc. by persons other than councils.
  152. 115F Power to impose conditions on permissions under section 115E.
  153. 115G Notices to be given before exercise of powers under Part VIIA.
  154. 115H Duties to consult or obtain consent of other authorities.
  155. 115J Consents not to be unreasonably withheld.
  156. 115K Failure to comply with terms of permission.
  157. 116 Power of magistrates’ court to authorise stopping up or diversion of highway.
  158. 117 Application for order under section 116 on behalf of another person.
  159. 118 Stopping up of footpaths , bridleways and restricted byways.
  160. 118A Stopping up of footpaths , bridleways and restricted byways crossing railways.
  161. 118B Stopping up of certain highways for purposes of crime prevention, etc.
  162. 119 Diversion of footpaths , bridleways and restricted byways.
  163. 119A Diversion of footpaths, bridleways and restricted byways crossing railways.
  164. 119B Diversion of certain highways for purposes of crime prevention, etc.
  165. 119D Diversion of certain highways for protection of sites of special scientific interest.
  166. 119E Provisions supplementary to section 119D.
  167. 120 Exercise of powers of making public path extinguishment and diversion orders.
  168. 121 Supplementary provisions as to public path extinguishment and diversion orders.
  169. 121B Register of applications.
  170. 122 Power to make temporary diversion where highway about to be repaired or widened.
  171. 123 Saving and interpretation.
  172. 124 Stopping up of private access to highways.
  173. 125 Further powers to stop up private access to premises.
  174. 126 Provisions supplementary to sections 124 and 125 etc.
  175. 127 Stopping up private access to premises by agreement.
  176. 128 Penalty for using access which has been stopped up.
  177. 129 Further provisions with respect to new means of access.
  178. 129A Gating orders
  179. 129B Effect of gating orders
  180. 129C Procedure for gating orders
  181. 129D Validity of gating orders
  182. 129E Publication and availability of gating orders
  183. 129F Variation and revocation of gating orders
  184. 129G Interpretation
  185. 130 Protection of public rights.
  186. 130A Notices to enforce duty regarding public paths.
  187. 130B Orders following notice under section 130A.
  188. 130C Section 130B: procedure.
  189. 130D Section 130B: costs.
  190. 131 Penalty for damaging highway etc.
  191. 131A Disturbance of surface of certain highways.
  192. 132 Unauthorised marks on highways.
  193. 133 Damage to footways of streets by excavations.
  194. 134 Ploughing etc. of footpath or bridleway.
  195. 135 Authorisation of other works disturbing footpath , bridleway or restricted byway.
  196. 136 Damage to highway consequent on exclusion of sun and wind.
  197. 137 Penalty for wilful obstruction.
  198. 137ZA Power to order offender to remove obstruction.
  199. 137A Interference by crops.
  200. 138 Penalty for erecting building, etc., in highway.
  201. 139 Control of builders’ skips.
  202. 140 Removal of builders’ skips.
  203. 140A Builder’s skips: charge for occupation of highway.
  204. 141 Restriction on planting of trees etc. in or near carriageway.
  205. 142 Licence to plant trees, shrubs, etc., in a highway.
  206. 143 Power to remove structures from highways.
  207. 144 Power to erect flagpoles etc. on highways.
  208. 145 Powers as to gates across highways.
  209. 146 Duty to maintain stiles etc. on footpaths , bridleways and restricted byways.
  210. 147 Power to authorise erection of stiles etc. on footpath or bridleway.
  211. 147ZA Agreements relating to improvements for benefit of persons with mobility problems.
  212. 147A Road-side sales.
  213. 148 Penalty for depositing things or pitching booths etc. on highway.
  214. 149 Removal of things so deposited on highways as to be a nuisance etc.
  215. 150 Duty to remove snow soil etc. from highway.
  216. 151 Prevention of soil etc. being washed on to street.
  217. 152 Powers as to removal of projections from buildings.
  218. 153 Doors etc. in streets not to open outwards.
  219. 154 Cutting or felling etc. trees etc. that overhang or are a danger to roads or footpaths.
  220. 155 Penalties in connection with straying animals.
  221. 156 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  222. 157 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  223. 160 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  224. 160A Further powers of highway authorities and district council in relation to highways.
  225. 161 Penalties for causing certain kinds of danger or annoyance.
  226. 161A Danger or annoyance caused by fires lit otherwise than on highways.
  227. 162 Penalty for placing rope, etc. across highway.
  228. 163 Prevention of water falling on or flowing on to highway.
  229. 164 Power to require removal of barbed wire.
  230. 165 Dangerous land adjoining street.
  231. 166 Forecourt abutting on streets.
  232. 167 Powers relating to retaining walls near streets.
  233. 168 Building operations affecting public safety.
  234. 169 Control of scaffolding on highways.
  235. 170 Control of mixing of mortar etc. on highways.
  236. 171 Control of deposit of building materials and making of excavations in streets.
  237. 171A Works under s. 169 or s. 171: charge for occupation of the highway.
  238. 172 Hoardings to be set up during building etc.
  239. 173 Hoardings to be securely erected.
  240. 174 Precautions to be taken by persons executing works in streets.
  241. 175 Liability of certain persons in respect of materials left on highway.
  242. 175A Duty to have regard to needs of disabled and blind in executing works, etc.
  243. 175B Consent of highway authority required for trunk road access
  244. 176 Restriction on construction of bridges over highways.
  245. 177 Restriction on construction of buildings over highways.
  246. 178 Restriction on placing rails, beams etc. over highways.
  247. 179 Control of construction of cellars etc. under street.
  248. 180 Control of openings into cellars etc. under streets, and pavement lights and ventilators.
  249. 181 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  250. 182 .
  251. 183 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  252. 184 Vehicle crossings over footways and verges.
  253. 185 Power to install refuse or storage bins in streets.
  254. 186 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  255. 187 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  256. 188 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  257. 189 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  258. 190 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  259. 191 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  260. 192 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  261. 193 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  262. 194 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  263. 195 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  264. 196 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  265. 197 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  266. 198 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  267. 199 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  268. 200 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  269. 201 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  270. 202 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  271. 203 Interpretation of Part XI.
  272. 204 Purposes and application of private street works code and advance payments code.
  273. 205 Street works in private streets.
  274. 206 Incidental works.
  275. 207 Provisional apportionment of expenses.
  276. 208 Objections to proposed works.
  277. 209 Hearing and determination of objections.
  278. 210 Power to amend specification, apportionment, etc.
  279. 211 Final apportionment and objections to it.
  280. 212 Recovery of expenses and charge thereof on premises.
  281. 213 Power for limited owners to borrow for expenses.
  282. 214 Financial provisions.
  283. 215 Exemption for place of public religious worship.
  284. 216 Certain railways and canals not to be chargeable with expenses.
  285. 217 Objections only to be made as provided by private street works code.
  286. 218 Saving for Thames Water Authority and Port of London Authority.
  287. 219 Payments to be made by owners of new buildings in respect of street works.
  288. 220 Determination of liability for, and amount of, payments.
  289. 221 Refunds etc. where work done otherwise than at expense of street works authority.
  290. 222 Sums paid or secured to be in discharge of further liability for street works.
  291. 223 Determination to cease to have effect when plans not proceeded with.
  292. 224 Certain matters to be local land charges.
  293. 225 Interest on sums paid under advance payments code.
  294. 226 Power to vary width of carriageway and footway on making up a private street.
  295. 227 Widening of highway comprised in private street.
  296. 228 Adoption of private street after execution of street works.
  297. 229 Power of majority of frontagers to require adoption where advance payment made.
  298. 230 Urgent repairs to private streets.
  299. 231 Compensation for damage caused by execution of street works.
  300. 232 Power to treat as a private street land designated for purposes of this section by development plan.
  301. 233 Appeal to Minister under private street works code.
  302. 234 Provisions as to private street in area of more than one street works authority.
  303. 235 Evasion of private street works expenses by owners.
  304. 236 Contribution by street works authority to expenses of street works.
  305. 237 Power of street works authority to grant charging order.
  306. 238 Interpretation etc. of Part XII.
  307. 239 Acquisition of land for construction, improvement etc. of highway: general powers.
  308. 240 Acquisition of land in connection with construction, improvement etc. of highway: further general powers.
  309. 241 Acquisition of land between improvement line and boundary of street.
  310. 242 Acquisition of land for execution of works in connection with certain bridges.
  311. 243 Acquisition of land for cattle-grids etc.
  312. 244 Acquisition of land for road-ferries.
  313. 245 Acquisition of land for buildings etc. needed for discharge of functions of highway authority.
  314. 245A Acquisition of land by Secretary of State , strategic highways company or Assembly for buildings etc. needed for traffic management purposes
  315. 246 Acquisition of land for mitigating adverse effects of constructing or improving highway.
  316. 247 General provision as to acquisition procedure etc.
  317. 248 Acquisition in advance of requirements.
  318. 249 Distance limits from highway applicable to compulsory acquisition.
  319. 250 Land acquisition powers to extend to creation as well as acquisition of rights.
  320. 251 Rights acquired to be binding on successive owners of the land.
  321. 252 Power of landowner affected by rights acquisition to compel acquisition of whole interest.
  322. 253 Agreements as to use of land near highways.
  323. 254 Compulsory acquisition for certain purposes of rights in land belonging to local authorities etc.
  324. 255 Liability for certain expenses resulting from order under section 254.
  325. 256 Power to exchange land to adjust boundaries of highways.
  326. 257 Compulsory acquisition proceedings taken concurrently with other related proceedings, etc.
  327. 258 Provisions relating to objections to compulsory purchase orders.
  328. 259 Power to confirm, etc., compulsory purchase order in part and postpone consideration of remainder.
  329. 260 Clearance of title to land acquired for statutory purposes.
  330. 261 Benefit to vendor to be taken into account in assessing compensation on certain compulsory acquisitions for highway purposes.
  331. 262 Assumptions to be made in assessing compensation on certain compulsory acquisitions of land for service stations etc. and lorry areas for special roads.
  332. 263 Vesting of highways maintainable at public expense.
  333. 264 Vesting of drains etc. of certain roads.
  334. 265 Transfer of property and liabilities upon a highway becoming or ceasing to be a trunk road.
  335. 266 Transfer to Ministeror a strategic highways company of privately maintainable bridges carrying trunk roads.
  336. 266A Transfer of property and liabilities upon a highway becoming or ceasing to be a GLA road.
  337. 266B Transfer of employees upon a highway becoming or ceasing to be a GLA road.
  338. 267 Transfer to local highway authorities of privately maintainable bridges carrying special roads.
  339. 268 Transfer of property and liabilities in connection with special roads etc.
  340. 269 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  341. 270 Transfer of lighting systems.
  342. 271 Provisions with respect to transfer of toll highways to highway authorities.
  343. 272 Advances for highway purposes.
  344. 273 Contributions by county councils to expenses of district councils under section 96.
  345. 274 Contributions by councils towards expenses of highway authorities.
  346. 274A Contributions by parish or community councils.
  347. 275 Contributions by councils and local planning authorities towards expenses incurred in connection with footpaths , bridleways and restricted byways.
  348. 276 Contributions to land drainage works which will benefit trunk roads.
  349. 277 Contribution towards maintenance of bridge where road ceases to be a trunk road.
  350. 278 Agreements as to execution of works.
  351. 279 Borrowing power of councils.
  352. 280 Application of certain sums payable to local highway authorities.
  353. 281 Exemption from stamp duty.
  354. 281A Stamp duty land tax
  355. 281B Power to provide for fees for certain services
  356. 282 Power of highway authority to execute works for mitigating adverse effect of constructing or improving etc. highway.
  357. 283 Power of Minister to conduct experiments.
  358. 284 Powers of Ministeror strategic highways company in relation to privately maintainable parts of trunk roads.
  359. 284A Trunk roads: miscellaneous functions of Secretary of Stateand strategic highways company .
  360. 285 Power of Minister and Greater London Council to execute in Greater London road improvements not involving widening.
  361. 286 Power to require angles of new buildings at corners of streets to be rounded off.
  362. 287 Power to erect barriers in streets in cases of emergency etc.
  363. 288 Power to require gas and water pipes to be moved.
  364. 289 Powers of entry of highway authority for the purpose of survey.
  365. 290 Supplementary provisions as to powers of entry for the purpose of survey.
  366. 291 Powers of entry of highway authority for purpose of maintaining, etc. certain structures and works.
  367. 292 Compensation for damage resulting from, and offences connected with, exercise of powers of entry etc. under section 289 or 291.
  368. 293 Powers of entry for purposes connected with certain orders relating to footpaths and bridleways.
  369. 294 Entry, etc., of premises by highway authority or council for certain purposes.
  370. 295 Power of councils to dispose of certain materials.
  371. 296 Power of highway authority or council to execute certain works on behalf of other person.
  372. 297 Power of highway authority or council to require information as to ownership of land.
  373. 298 Duty of local authorities to furnish information to county councils and the Greater London Council.
  374. 299 Right to discharge water.
  375. 300 Right of local authorities to use vehicles and appliances on footways , bridleways and restricted byways.
  376. 301 Restriction on exercise of powers of lighting authorities.
  377. 301A London borough council exercising powers so as to affect another authority’s roads.
  378. 301B Royal Parks or highways in London affected by proposals relating to the other.
  379. 302 Provisions as to inquiries.
  380. 303 Penalty for obstructing execution of Act.
  381. 304 Power to require occupier to permit works to be executed by owner.
  382. 305 Recovery of expenses by councils and highway authorities.
  383. 306 Time-limit for summary proceedings for recovery of expenses.
  384. 307 Disputes as to compensation which are to be determined by Upper Tribunal and related provisions.
  385. 308 Disputes as to compensation which are to be determined by arbitration or county court.
  386. 309 Compensation in respect of depreciation in value of interest in land subject to mortgage.
  387. 310 Summary proceedings for offences.
  388. 311 Continuing offences.
  389. 312 Restriction on institution of proceedings.
  390. 313 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  391. 314 Offences by body corporate.
  392. 315 Notice to be given of right of appeal.
  393. 316 Appeals and applications to magistrates’ courts.
  394. 317 Appeals to the Crown Court from decisions of magistrates’ courts.
  395. 318 Effect of decision of court upon an appeal.
  396. 319 Judges and justices not to be disqualified by liability to rates.
  397. 320 Form of notices etc.
  398. 321 Authentication of documents etc.
  399. 322 Service of notices etc.
  400. 323 Reckoning of periods.
  401. 324 Regulations for procedure in connection with, and centre line of roads authorised etc. by, certain schemes and orders.
  402. 325 Provisions as to regulations ... and orders.
  403. 326 Revocation and variation of schemes and orders.
  404. 327 Application of Act to Crown land.
  405. 328 Meaning of “highway”.
  406. 329 Further provision as to interpretation.
  407. 330 Construction of certain enactments relating to execution of works by statutory undertakers.
  408. 331 References to functions of council as respects any highway.
  409. 332 Widening of carriageway not to cease to be improvement by reason of diminution etc. of footway.
  410. 333 Saving for rights and liabilities as to interference with highways.
  411. 334
  412. 335 Saving for minerals etc.
  413. 336 Saving for Coast Protection Act 1949.
  414. 337 Saving for obligation to obtain planning permission or development consent
  415. 338 Saving for works, etc., of dock, harbour and canal undertakers.
  416. 339 Saving for works etc. of drainage authorities etc.
  417. 340 Preservation of amendments.
  418. 341 Amendment of section 303 of Public Health Act 1875.
  419. 342 Amendment of section 41 of the Countryside Act 1968.
  420. 343 Transitional provisions, amendments and repeals.
  421. 344 Application to Isles of Scilly.
  422. 345 Short title, commencement and extent.
  423. SCHEDULE 1 Procedures for Making or Confirming Certain Orders and Schemes
  424. SCHEDULE 2 Validity and Date of Operation of Certain Schemes and Orders
  425. SCHEDULE 3 Provisions of this Act Referred to in Section 11
  426. SCHEDULE 4 Classes of Traffic for Purposes of Special Roads
  427. SCHEDULE 5 Modifications of Certain Provisions of the Town and Country Planning Act 1990 as Applied by Section 21
  428. SCHEDULE 6 Provisions as to Making, Confirmation, Validity and Date of Operation of Certain Orders Relating to Footpaths , Bridleways and Restricted Byways
  429. SCHEDULE 7 Maintenance of Certain Highways by District Councils
  430. SCHEDULE 8 Consents Required for Execution of Certain Works in Streets
  431. SCHEDULE 9 Improvement Lines and Building Lines
  432. SCHEDULE 10 Procedure for Determination by Highway Authority of Certain Questions Arising in Connection with Provision of Cattle-Grid or By-Pass
  433. SCHEDULE 11 Provisions as to Orders under Section 93 of this Act
  434. SCHEDULE 12 Provisions as to Orders Under Section 116 and Conveyances Under Section 256
  435. Schedule 12ZA Delegation of function of making determination
  436. SCHEDULE 12A Further Powers of Highway Authorities and Councils in Relation to Interference with Highways
  437. SCHEDULE 13 Deductions from Rents
  438. SCHEDULE 14 Provisions with Respect to Notices Under Section 184
  439. SCHEDULE 15 Application of Advance Payments Code
  440. SCHEDULE 16
  441. SCHEDULE 17 Purposes for which Additional Land May be Taken in Advance of Requirements
  442. SCHEDULE 18 Distance Limits from Highway Applicable to Compulsory Acquisition
  443. SCHEDULE 19 Compulsory Acquisition of Rights: Modification of 1946 and 1965 Acts
  444. SCHEDULE 20 Acquisition of Land or Rights: Related Schemes and Orders
  445. SCHEDULE 21 Transitional Matters Arising where a Highway Becomes a Trunk Road or a Trunk Road Ceases to be a Trunk Road
  446. SCHEDULE 22 Provisions of this Act to which Sections 288, 294, 312, 338, 339 and 341 of this Act Apply
  447. SCHEDULE 23 Transitional Provisions
  448. SCHEDULE 24 Consequential Amendments
  449. SCHEDULE 25 Repeals

Proposed changes to this act

No one has proposed a change to this act yet.

449 provisions

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

(1) Subject to Schedule 1 to this Act, the Minister of Transport may make regulations for prescribing the procedure to be followed in connection with the making and confirmation of schemes under section 16 above and orders under sections 17 and 18 above. (2) The Minister shall make regulations for securing that the centre line of— (a) a special road authorised by a scheme under section 16 above, (b) a proposed highway directed by an order under section 10 above to become a trunk road, or (c) a new highway to be constructed in pursuance of an order under section 14 or 18 above, is indicated on a map on such scale as may be prescribed by the regulations and for securing that any limits of deviation which apply in relation to the centre line of that road or highway or any part thereof by virtue of subsection (3) below are indicated or stated in such manner as may be prescribed by the regulations. (3) Where any such scheme or order as is referred to in subsection (2) above so provides in relation to a road or highway to which it relates or any part thereof, being such a road or highway as is referred to in that subsection, the centre line of that road or highway or that part thereof, as the case may be, may deviate from the centre line as indicated on the map referred to in that subsection within such limits of deviation, not exceeding 55 yards on either side of the centre of that line, as may be specified in the scheme or order.

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325 Provisions as to regulations ... and orders.

(1) The following powers conferred by this Act on a Minister of the Crown are exercisable by statutory instrument:— (a) all powers to make regulations, (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (d) all powers to make or confirm orders, except those conferred by any of the following provisions of this Act, namely, sections 10, 14, 14B, 18, 20, 26, 27, 108(1), 118, 118A, 118B(4), 119, 119A, 119B(4), 119D 120 , 124 and 266B and paragraph 2 of Schedule 21. (1A) But powers conferred by this Act on the Welsh Ministers are not exercisable by Welsh statutory instrument (see Schedule 1A to the Legislation (Wales) Act 2019 (anaw 4)) where provision made under the power— (a) is of temporary application, or (b) is not subject to the Senedd approval procedure, the Senedd confirmation procedure or the Senedd annulment procedure; (and a power conferred by this Act on the Welsh Ministers to make such a provision includes a power to revoke or vary the provision, which is not exercisable by Welsh statutory instrument). (1B) The power of the Welsh Ministers to make regulations under section 281B is exercisable by statutory instrument. (2) A statutory instrument containing— (a) regulations made under this Act, other than a statutory instrument containing only regulations made under section 120(3A) or 257(4) above or such regulations as are mentioned in subsection (2A) below or regulations made by the National Assembly for Wales under Part 8A or regulations made by the Welsh Ministers under section 281B, or (b) an order made under section 14A or 17 or 118B(1)(a) above or 344(4) below, is subject to annulment in pursuance of a resolution of either House of Parliament. (2A) A statutory instrument containing— (a) the first regulations for the purposes of section 140A, (b) the first regulations for the purposes of section 171A as it applies in relation to erecting or retaining a relevant structure within the meaning of section 169(1) above, or (c) the first regulations for the purposes of section 171A as it applies in relation to depositing building materials, rubbish or other things, or making a temporary excavation, as mentioned in section 171(1) above, shall not be made unless a draft of them has been laid before and approved by a resolution of each House of Parliament. (2B) A statutory instrument containing regulations made by the Welsh Ministers under section 281B is subject to annulment in pursuance of a resolution of Senedd Cymru. (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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326 Revocation and variation of schemes and orders.

(1) Section 14(b) of the Interpretation Act 1978 (implied power to revoke or amend orders made by statutory instrument) does not apply to an order made under section 74, 93 . . . of this Act. (2) An order or scheme made or confirmed by the Minister, or the Secretary of State, under section 10, 14, 14B, 16, 18, . . . 27, 106(3), 108(1), 120, , 124 or 266B of, or paragraph 2 of Schedule 21 to, this Act (which confer power to make orders or schemes otherwise than by statutory instrument) may be revoked or varied by a subsequent order or scheme made or confirmed in the like manner and subject to the like provisions. (2A) Subsection (2) does not apply to an order or scheme under section 10, 16 or 106(3) made or confirmed by the Welsh Ministers (but see section 325(1A)). (3)(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (5) Without prejudice to subsection (2) above, an order to which this subsection applies confirmed by the Minister, or the Secretary of State, or confirmed as an unopposed order by the authority making it, may be revoked or varied by a subsequent order made or confirmed in the like manner and subject to the like provisions, except that an order confirmed in either way may be revoked or varied by an order confirmed in the other way. This subsection applies to a public path creation order, a public path extinguishment order, a rail crossing extinguishment order, a special extinguishment order, a public path diversion order, a rail crossing diversion order, a special diversion order or an SSSI diversion order and an order under section 124 above. (6) Subject to the following provisions of this section, a scheme revoking or varying a scheme made or confirmed under section 16 or section 106(3) above, and an order varying or revoking an order made or confirmed under section 10, 14, 14A, 14B, 17, 18, 108(1) , 124 or 266B above may contain such consequential provisions as appear to the Minister to be expedient. (7) Where a scheme under section 16 above is revoked by a subsequent scheme, any part of the special road authorised to be provided by the scheme which has been constructed before the date on which the revoking scheme comes into operation and any highway appropriated by or transferred to the special road authority before that date shall cease on that date to be a special road within the meaning of this Act, but shall, where the special road is a trunk road, continue to be a trunk road. (8) Where a scheme under section 16 above is varied by a subsequent scheme, subsection (7) above applies in relation to any part of the special road which ceases to form part of a route of that road in consequence of the variation. (9) Subject to the foregoing provisions of this section, the revocation or variation of a scheme under section 16 or section 106(3) above does not affect the validity of anything done in pursuance of the scheme before the date on which the revoking or varying scheme comes into force, or the validity of any order made under section 18 above before that date in connection with the special road to be provided under the scheme.

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327 Application of Act to Crown land.

(1) The provisions of this section apply in relation to any land belonging to Her Majesty in right of the Crown or of the Duchy of Lancaster, or belonging to the Duchy of Cornwall, or belonging to a government department, or held in trust for Her Majesty for the purposes of a government department. (2) The appropriate authority in relation to any land and a highway authority may agree that any provisions of this Act specified in the agreement shall apply to that land and, while the agreement is in force, those provisions shall apply to that land accordingly, subject however to the terms of the agreement. (3) Any such agreement as is mentioned in subsection (2) above may contain such consequential and incidental provisions, including provisions of a financial character, as appear to the appropriate authority to be necessary or equitable, but provisions of a financial character shall not be included in an agreement made by a government department without approval of the Treasury. (4) In this section “the appropriate authority” means— (a) in the case of land belonging to Her Majesty in right of the Crown, the Crown Estate Commissioners or other government department having the management of the land in question; (b) in the case of land belonging to Her Majesty in right of the Duchy of Lancaster, the Chancellor of that Duchy; (c) in the case of land belonging to the Duchy of Cornwall, such person as the Duke of Cornwall, or the possessor for the time being of the Duchy of Cornwall, appoints; (d) in the case of land belonging to a government department or held in trust for Her Majesty for the purposes of a government department, that department; and, if any question arises as to what authority is the appropriate authority in relation to any land, that question shall be referred to the Treasury, whose decision shall be final.

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328 Meaning of “highway”.

(1) In this Act, except where the context otherwise requires, “highway” means the whole or a part of a highway other than a ferry or waterway. (2) Where a highway passes over a bridge or through a tunnel, that bridge or tunnel is to be taken for the purposes of this Act to be a part of the highway. (3) In this Act, “highway maintainable at the public expense” and any other expression defined by reference to a highway is to be construed in accordance with the foregoing provisions of this section.

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329 Further provision as to interpretation.

(1) In this Act, except where the context otherwise requires— . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . “Act of 1965” means the Compulsory Purchase Act 1965; “adjoining” includes abutting on, and “adjoins” is to be construed accordingly; “advance payments code” has the meaning provided by section 203(1) above; “agriculture” includes horticulture, fruit growing, seed growing, dairy farming, the breeding and keeping of livestock (including any creature kept for the production of food, wool, skins or fur, or for the purpose of its use in the farming of land), the use of land as grazing land, meadow land, osier land, market gardens and nursery grounds, and the use of land for woodlands where that use is ancillary to the farming of land for other agricultural purposes, and “agricultural” is to be construed accordingly; “apparatus” includes any structure constructed for the lodging therein of apparatus; “approach”, in relation to a bridge or tunnel, means the highway giving access thereto, that is to say, the surface of that highway together with any embankment, retaining wall or other work or substance supporting or protecting the surface; “bridge” does not include a culvert, but, save as aforesaid, means a bridge or viaduct which is part of a highway, and includes the abutments and any other part of a bridge but not the highway carried thereby; “bridleway” means a highway over which the public have the following, but no other, rights of way, that is to say, a right of way on foot and a right of way on horseback or leading a horse, with or without a right to drive animals of any description along the highway; “by-pass” has the meaning provided by section 82(6) above; “canal undertakers” means persons authorised by any enactment to carry on a canal undertaking; “carriageway” means a way constituting or comprised in a highway, being a way (other than a cycle track) over which the public have a right of way for the passage of vehicles; “cattle-grid” has the meaning provided by section 82(6) above; “City” means the City of London; “classified road” means a highway or proposed highway which is a classified road in accordance with section 12 above; “Common Council” means the Common Council of the City of London; “contravention” in relation to a condition, restriction or requirement, includes failure to comply with that condition, restriction or requirement, and “contravene” is to be construed accordingly; “council” means a county council . . . or a local authority; “cycle track” means a way constituting or comprised in a highway, being a way over which the public have the following, but no other, rights of way, that is to say, a right of way on pedal cycles (other than pedal cycles which are motor vehicles within the meaning of the Road Traffic Act 1988 with or without a right of way on foot; “definitive map and statement” has the same meaning as in Part III of the Wildlife and Countryside Act 1981; “dock undertakers” means persons authorised by any enactment to carry on a dock undertaking; “drainage authority” means the Environment Agency, the Natural Resources Body for Wales or an internal drainage board; “driver information system” has the same meaning as in Part II of the Road Traffic (Driver Licensing and Information Systems) Act 1989, and references to an “operator” of a driver information system are references to an operator licensed under that Part of that Act; . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . “enactment” includes an enactment in a local or private Act of Parliament and a provision of an order, scheme, regulations or other instrument made under or confirmed by a public general, local or private Act of Parliament; “field-edge path” means a footpath or bridleway that follows the sides or headlands of a field or enclosure; “financial year” means a year ending on 31st March; “footpath” means a highway over which the public have a right of way on foot only, not being a footway; “footway” means a way comprised in a highway which also comprises a carriageway, being a way over which the public have a right of way on foot only; “functions” includes powers and duties; “GLA road ” shall be construed in accordance with section 14D(1) above; . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . “harbour undertakers” means persons authorised by any enactment to carry on a harbour undertaking; “highway land acquisition powers” has the meaning provided by section 250(1) above; “highway maintainable at the public expense” means a highway which by virtue of section 36 above or of any other enactment (whether contained in this Act or not) is a highway which for the purposes of this Act is a highway maintainable at the public expense; “horse” includes pony, ass and mule, and “horseback” is to be construed accordingly; “hours of darkness” means the time between half an hour after sunset and half an hour before sunrise; “improvement” means the doing of any act under powers conferred by Part V of this Act and includes the erection, maintenance, alteration and removal of traffic signs, and the freeing of a highway or road-ferry from tolls; “inland navigation undertakers” means persons authorised by any enactment to carry on an inland navigation undertaking; “land” includes land covered by water and any interest or right in, over or under land; “lease” includes an underlease and an agreement for a lease or underlease, but does not include an option to take a lease or mortgage, and “lessee” is to be construed accordingly; “lighting authority” means a council or other body authorised to provide lighting under section 161 of the Public Health Act 1875 or under section 3 of the Parish Councils Act 1957 or any corresponding local enactment; “local authority” means the council of a district or London borough or the Common Council but, in relation to Wales, means a Welsh council; “local highway authority” means a highway authority other than the Minister or a strategic highways company; “local planning authority” has the same meaning as in the Town and Country Planning Act 1990; “lorry area” means an area provided under section 115 above; “made-up carriageway” means a carriageway, or a part thereof, which has been metalled or in any other way provided with a surface suitable for the passage of vehicles; “maintenance” includes repair, and “maintain” and “maintainable” are to be construed accordingly; “maintenance compound” means an area of land (with or without buildings) used or to be used in connection with the maintenance of highways, or a particular highway; . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . “the Minister”, subject to subsection (5) below, means as respects England, the Minister of Transport and as respects Wales, the Secretary of State; and in section 258 of, and paragraphs 7, 8(1) and (3), 14, 15(1) and (3), 18(2), 19 and 21 of Schedule 1 to, this Act, references to the Minister and the Secretary of State acting jointly are to be construed, as respects Wales, as references to the Secretary of State acting alone; “navigation authority” means persons authorised by any enactment to work, maintain, conserve, improve or control any canal or other inland navigation, navigable river, estuary, harbour or dock; “owner”, in relation to any premises, means a person, other than a mortgagee not in possession, who, whether in his own right or as trustee or agent for any other person, is entitled to receive the rack rent of the premises or, where the premises are not let at a rack rent, would be so entitled if the premises were so let; . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . “pier undertakers” means persons authorised by any enactment to carry on a pier undertaking; “premises” includes land and buildings; “private street works code” has the meaning provided by section 203(1) above; “proposed highway” means land on which, in accordance with plans made by a highway authority, that authority are for the time being constructing or intending to construct a highway shown in the plans; “proprietor”, in relation to a school, has the same meaning as in the Education Act 1996; “public general enactment” means an enactment in an Act treated as a public general Act under the system of division of Acts adopted in the regnal year 38 George 3, other than an Act for confirming a provisional order; “public path creation agreement” means an agreement under section 25 above; “public path creation order” means an order under section 26 above; “public path diversion order” means an order under section 119 above; “public path extinguishment order” means an order under section 118 above; “public utility undertakers” means persons authorised by any enactment to carry on any of the following undertakings, that is to say, an undertaking for the supply of . . . gas . . . or hydraulic power; “rack rent”, in relation to any premises, means a rent which is not less than two-thirds of the rent at which the premises might reasonably be expected to let from year to year, free from all usual tenant’s rates and taxes, . . . and deducting therefrom the probable average annual cost of the repairs, insurance and other expenses (if any) necessary to maintain the same in a state to command such rent; “rail crossing diversion order” means an order under section 119A above; “rail crossing extinguishment order” means an order under section 118A above;. “railway” includes a light railway; “railway undertakers” means persons authorised by any enactment to carry on a railway undertaking; “reconstruction”, in relation to a bridge, includes the construction of a new bridge and approaches thereto in substitution for the existing bridge and the approaches thereto; “restricted byway” has the same meaning as in Part II of the Countryside and Rights of Way Act 2000; “road-ferry” means a ferry connecting the termination of a highway which is, or is to become, a highway maintainable at the public expense with the termination of another highway which is, or is to become, such a highway; “road hump” has the meaning provided by section 90F(1); “school” has the same meaning as in the Education Act 1996; “service area” means an area of land adjoining, or in the vicinity of, a special road, being an area in which there are, or are to be, provided service stations or other buildings or facilities to be used in connection with the use of the special road; . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . “special diversion order” means an order under section 119B(4) above; “special enactment” means any enactment other than a public general enactment; “special extinguishment order” means an order under section 118B(4) above; “special road” means a highway, or a proposed highway, which is a special road in accordance with section 16 above or by virtue of an order granting development consent under the Planning Act 2008 or an infrastructure consent order under the Infrastructure (Wales) Act 2024; “special road authority” has the meaning provided by section 16(4) above; “SSSI diversion order ” means an order under section 119D above; “statutory undertakers” means persons authorised by any enactment to carry on any of the following undertakings:— a railway, tramway, road transport, water transport, canal, inland navigation, dock, harbour, pier or lighthouse undertaking, or an undertaking for the supply of . . . . . . . . . or hydraulic power, and “statutory undertaking” is to be construed accordingly; “strategic highways company” means a company for the time being appointed under Part 1 of the Infrastructure Act 2015; “street” has the same meaning as in Part III of the New Roads and Street Works Act 1991; “street works licence” means a licence under section 50 of the New Roads and Street Works Act 1991, and “licensee” in relation to such a licence, has the meaning given by subsection (3) of that section; “swing bridge” includes any opening bridge operated by mechanical means; “traffic” includes pedestrians and animals; “traffic calming works”, in relation to a highway, means works affecting the movement of vehicular or other traffic for the purpose of— promoting safety (including avoiding or reducing, or reducing the likelihood of, danger connected with terrorism within the meaning of section 1 of the Terrorism Act 2000 (c. 11)), or preserving or improving the environment through which the highway runs; “traffic sign” has the same meaning as in section 64 of the Road Traffic Regulation Act 1984; “tramway undertakers” means persons authorised by any enactment to carry on a tramway undertaking; “transport undertakers” means persons authorised by any enactment to carry on any of the following undertakings, that is to say, a railway, canal, inland navigation, dock, harbour or pier undertaking, and “transport undertaking” is to be construed accordingly; “trunk road” means a highway, or a proposed highway, which is a trunk road by virtue of section 10(1) or section 19 above or by virtue of an order or direction under section 10 above or an order granting development consent under the Planning Act 2008, or an infrastructure consent order under the Infrastructure (Wales) Act 2024, or under any other enactment; “trunk road picnic area” has the meaning provided by section 112(1) above; “universal service provider” has the same meaning as in Part 3 of the Postal Services Act 2011; and references to the provision of a universal postal service shall be construed in accordance with that Part; “water undertakers” means the Environment Agency, the Natural Resources Body for Wales or a water undertaker. “Welsh council” means the council of a Welsh county or county borough. (2) A highway at the side of a river, canal or other inland navigation is not excluded from the definition in subsection (1) above of “bridleway”, “footpath” or “restricted byway”, by reason only that the public have a right to use the highway for purposes of navigation, if the highway would fall within that definition if the public had no such right thereover. (2A) In this Act— (a) any reference to a county shall be construed in relation to Wales as including a reference to a county borough; (b) any reference to a county council shall be construed in relation to Wales as including a reference to a county borough council; and (c) section 17(4) and (5) of the Local Government (Wales) Act 1994 (references to counties and districts to be construed generally in relation to Wales as references to counties and county boroughs) shall not apply. (3) In a case where two or more parishes are grouped under a common parish council, references in this Act to a parish are to be construed as references to those parishes. (3A) In a case where two or more communities are grouped under a common community council, references in this Act to a community are to be construed as references to those communities. (4) Any reference in this Act to property of railway undertakers, canal undertakers, inland navigation undertakers, dock undertakers, harbour undertakers . . . pier undertakers is, where the undertakers are a body to which this subsection applies, to be taken as a reference to property of that body held or used by them wholly or mainly for the purposes of so much of their undertaking as consists of the carrying on of a railway undertaking or, as the case may be, of a canal undertaking, an inland navigation undertaking, a dock undertaking, a harbour undertaking or a pier undertaking. This subsection applies to the following bodies, namely, the British Railways Board, the British Transport Docks Board, Canal & River Trust, Transport for London, . . . . . . any wholly-owned subsidiary (within the meaning of the Transport Act 1968) or joint subsidiary (within the meaning of section 51(5) of that Act) of any of those bodies other than Transport for London, or any of its subsidiaries (within the meaning of the Greater London Authority Act 1999). (4A) Any reference in this Act to apparatus belonging to, or used or maintained by the operator of an electronic communications code network shall have effect as a reference to electronic communications apparatus kept installed for the purposes of that network. (5) In relation to that part of the road constructed by the Minister of Transport along the line described in Schedule 1 to the North of Almondsbury—South of Haysgate Trunk Road Order 1947 and referred to in that Order as “the new road” which lies to the east of the most easterly point before reaching the River Wye at which eastbound traffic of Classes I and II (as specified in Schedule 4 to this Act) can leave that road by another special road, the functions of the Minister under this Act shall be exercisable by the Secretary of State for Transport. (6) Subsection (5) is subject to the specification of those roads as ones for which a strategic highways company is highway authority under Part 1 of the Infrastructure Act 2015.

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

(1) Where by any enactment empowering statutory undertakers to execute works under, in, upon, over, along or across a highway the undertakers are thereby required— (a) to give notice to, or obtain the consent or approval of, a council, (b) to carry out the works under the superintendence of a council, (c) to reinstate the highway to the satisfaction of a council, or (d) to do anything in relation to a road for which a county council or metropolitan district council are the highway authority (whether so described or described as a “county road”), any such requirement, and any provision of the enactment empowering the council to act in default of the undertakers or otherwise to enforce any such requirement, has effect, in relation to a trunk road, with the substitution, for references to the council, of references to the Ministeror a strategic highways company, whichever is highway authority for the trunk road, and, for references to a road for which a county council or metropolitan district council are the highway authority (or a county road), of references to a trunk road. (2) Notwithstanding the provisions of any enactment as to the determination of disputes arising between statutory undertakers and a council in connection with the execution of any such works, any such dispute arising in the case of a trunk road between statutory undertakers and the Minister shall be determined by a single arbitrator appointed, in default of agreement between the parties concerned, by the President of the Institution of Civil Engineers. (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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331 References to functions of council as respects any highway.

Except where this Act otherwise requires, any enactment or document relating to the functions of a council as respects any highway is, in relation to functions not exercisable in the case of a trunk road by the Ministeror a strategic highways company, to be construed as if references therein to highways included references to trunk roads.

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

For the purposes of this Act and of any other enactment relating to highways, the widening of the carriageway of a highway is not to be treated as being otherwise than an improvement by reason only of the fact that it involves diminution or removal of a footway thereon.

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

(1) No provision of this Act relating to obstruction of or other interference with highways is to be taken to affect any right of a highway authority or other person under any enactment not contained in this Act, or under any rule of law, to remove an obstruction from a highway or otherwise abate a nuisance or other interference with the highway, or to affect the liability of any person under such an enactment or rule to proceedings (whether civil or criminal) in respect of any such obstruction or other interference. (2) Nothing in section 134 or 135 above relating to disturbance of the surface of a highway in any manner is to be taken as affecting any right existing apart from this Act to disturb its surface in that manner.

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334

(1) Subject to the provisions of this section, nothing in this Act or in any scheme or order made under it affects any rights conferred by or in accordance with the electronic communications code on the operator of an electronic communications code network or any duty of any such operator under that code or applies to any electronic communications apparatus kept installed for the purposes of any such network; . . . (2) Where— (a) land is conveyed by a highway authority in pursuance of section 256 above, or (b) a highway is stopped up or diverted in pursuance of an order to which this paragraph applies, and immediately before the conveyance or, as the case may be, at the beginning of the day on which the order comes into force there is under, in, upon, over, along or across the land conveyed or, as the case may be, the highway stopped up or diverted any electronic communications apparatus kept installed for the purposes of an electronic communications code network, then the provisions of subsection (3) below have effect. Paragraph (b) above applies to the following orders, namely an order made or confirmed by the Minister under section 14 or 18 above, a public path extinguishment order , a special extinguishment order, a public path diversion order, a special diversion order and an SSSI diversion order. (3) In the circumstances mentioned in subsection (2) above, the operator of the electronic communications code network has the same power in respect of the electronic communications apparatus as if the conveyance had not been made or, as the case may be, the order had not come into force; but the transferee of the land or, as the case may be, any person entitled to land over which the stopped up or diverted highway subsisted shall be entitled to require the alteration of the apparatus. (4) Where in pursuance of an order made by a magistrates’ court under section 116 above a highway is stopped up or diverted, the following provisions of this subsection have effect in relation to so much of any electronic communications apparatus kept installed for the purposes of an electronic communications code network as is under, in, upon, over, along or across land which by reason of the stopping up or diversion ceases to be a highway (“the affected apparatus”)— (a) the power of the operator of the network to remove the affected apparatus is exercisable notwithstanding the making of the order, so however that the said power is not exercisable, as respects the whole or any part of the affected apparatus, after the expiration of a period of 3 months from the date of the sending of the notice referred to in subsection (5) below unless before the expiration of that period the operator of the network has given notice to the authority on whose application the order was made of his intention to remove the affected apparatus or that part of it, as the case may be; (b) the operator of the network may by notice in that behalf to the said authority abandon the affected apparatus or any part of it, and is to be deemed, as respects the affected apparatus or any part of it, to have abandoned it at the expiration of the said period of 3 months unless before the expiration of that period he has removed it or given notice of his intention to remove it; (c) the operator of the network is entitled to recover from the said authority the expense of providing, in substitution for the affected apparatus and any electronic communications apparatus connected with it which is rendered useless in consequence of the removal or abandonment of the affected apparatus, any electronic communications apparatus in such other place as he may require; (d) where under paragraph (b) above the operator of the network has abandoned the whole or any part of the affected apparatus, it vests in the authority there referred to and shall be deemed, with its abandonment, to cease to be kept installed for the purposes of an electronic communications code network. (5) As soon as practicable after the making of an order under section 116 above in circumstances in which subsection (4) above applies in relation to the operator of an electronic communications code network the authority on whose application the order was made shall by notice to the operator inform him of the making of the order. (6) Where an order under section 14 or 18 above provides for the alteration of a highway and, immediately before the date on which the order comes into force, there is under, in, upon, over, along or across the highway any electronic communications apparatus kept installed for the purposes of an electronic communications code network, the highway authority shall be entitled to require the alteration of the apparatus. This subsection does not have effect so far as it relates to the alteration of any electronic communications apparatus for the purposes of major highway works, major bridge works or major transport works within the meaning of Part III of the New Roads and Street Works Act 1991. (7) Where in pursuance of an order under section 14 or 18 above a highway is stopped up or diverted, or an order under either of those sections provides for the alteration of a highway, and, immediately before the date on which the order comes into force, there is under, in, upon, over, along or across the highway any electronic communications apparatus kept installed for the purposes of an electronic communications code network then, without prejudice to subsections (2), (3) and (6) above, the provisions of subsection (8) below have effect. (8) Part 10 of Schedule 3A to the Communications Act 2003 (the electronic communications code) (which provides a procedure for certain cases where works involve the alteration of electronic communications apparatus) shall apply, for the purposes of the construction or improvement of the trunk road, special road or classified road, as the case may be, to which the order relates and of any works authorised by the order, to the Minister or other highway authority by whom the order in question was made. (9) Without prejudice to the provisions of Part III of the New Roads and Street Works Act 1991 relating to major highway works, major bridge works or major transport works Part 10 of the electronic communications code shall apply for the purposes of— (a) any work authorised or required by an order under section 93 above to be done by a highway authority or the owners of a bridge, (b) any work which a highway authority is authorised to carry out under section 96 above, and (c) any work authorised or required by a licence under section 176 above to be done by the person to whom the licence is granted, to the authority or person authorised or required to carry out the work. (10) Where, in pursuance of any order or scheme made or confirmed under this Act, a navigable watercourse is diverted and, immediately before the date on which the order or scheme comes into force, there is under, in, upon, over, along or across the watercourse, or any towing path or other way adjacent to it, any electronic communications apparatus kept installed for the purposes of an electronic communications code network, the operator of that network has the same powers in respect of that apparatus as if the order or scheme had not come into force; but— (a) the highway authority by whom the order or scheme was made, or (b) any person entitled to land on which so much of the watercourse, towing path or way as is diverted in pursuance of the order or scheme was previously situated, shall be entitled to require the alteration of the apparatus. (11) Paragraph 68 of the electronic communications code (offence) shall be deemed to be omitted for the purposes of the application by this section of Part 10 of the code to the Minister. (12) Paragraph 108(2) of the electronic communications code (alteration of apparatus to include moving, removal or replacement of apparatus) shall apply for the purposes of the preceding provisions of this section as it applies for the purposes of that code. (13) Part 6 of the electronic communications code (rights to require removal of electronic communications apparatus) shall apply in relation to any entitlement conferred by this section to require the alteration, moving or replacement of any electronic communications apparatus as it applies in relation to an entitlement to require the removal of any such apparatus.

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335 Saving for minerals etc.

(1) Notwithstanding anything in Part XII of this Act all mines and minerals of any description whatsoever under any highway vested in a highway authority by virtue of any provision contained in the said Part XII belong to the person who would be entitled thereto if the highway were not vested in the authority, and the person entitled to any such mine or minerals has the same powers of working and of getting the same as if the highway were not vested in a highway authority. (2) Nothing in this section affects any liability (whether civil or criminal) of the person entitled to any such mine or minerals in respect of damage to the highway resulting from the exercise of the said powers.

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336 Saving for Coast Protection Act 1949.

Nothing in this Act authorises the excavation or removal of any materials the excavation or removal of which is prohibited by section 18 of the Coast Protection Act 1949 (which makes it unlawful except as therein mentioned to excavate or remove certain materials on, under or forming part of any portion of the seashore to which the provisions of that section are applied), or the carrying out of any operation in contravention of section 34 of that Act (which restricts the carrying out of certain operations detrimental to navigation).

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337 Saving for obligation to obtain planning permission or development consent

Nothing in this Act authorises— (a) the carrying out of any development of land for which permission is required by virtue of section 57 of the Town and Country Planning Act 1990 and which is not authorised by permission granted or deemed to be granted under or for the purposes of Part 3 of that Act; ... (b) the carrying out of any development for which development consent is required under the Planning Act 2008 and for which development consent has not been granted under that Act; (c) the carrying out of any development for which infrastructure consent is required under the Infrastructure (Wales) Act 2024 and for which infrastructure consent has not been given under that Act.

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

(1) Subject to the provisions of this section, nothing in any of the provisions of this Act to which this section applies authorises a highway authority or council, without the consent of the dock, harbour or canal undertakers concerned— (a) to execute any works in, across, or under any dock, harbour, basin, wharf, quay or lock; or (b) to execute any works which will interfere with the improvement of, or the access to, any river, canal, dock, harbour, basin, lock, reservoir or towing path, or with any works appurtenant thereto or any land necessary for the enjoyment or improvement thereof. (2) A consent required for the purposes of subsection (1) above shall not be unreasonably withheld, and if any question arises whether the withholding of a consent is unreasonable either party may require it to be referred to an arbitrator to be appointed, in default of agreement, by the President of the Institution of Civil Engineers. (3) On an arbitration under this section, the arbitrator shall determine— (a) whether any works which the highway authority or council propose to execute are such works as under subsection (1) above they are not entitled to execute without the consent of the undertakers concerned; and (b) if they are such works, whether the injury, if any, to the undertakers will be of such a nature as to admit of being fully compensated by money; and (c) if the works are of such a nature, the conditions subject to which the authority or council may execute the works, including the amount of the compensation, if any, to be paid by them to the undertakers. If the arbitrator determines that the proposed works are such works as the highway authority or council are not entitled to execute without the consent of the undertakers and that the works would cause injury to the undertakers of such a nature as not to admit of being fully compensated by money, the authority or council shall not proceed to execute the works; but in any other case they may execute the works subject to compliance with such conditions, including the payment of such compensation, as the arbitrator determines. (4) For the purposes of this section, dock, harbour and canal undertakers are to be deemed to be concerned with any river, canal, dock, harbour, basin, lock, reservoir, towing path, wharf, quay or land if it belongs to them and forms part of their undertaking, or if they have statutory rights of navigating on or using it, or of demanding tolls or dues in respect of navigation thereon or the use thereof. (5) This section applies to section 230(7) and section 294 above and to the provisions specified in Schedule 22 of this Act, but subsections (2) and (3) above do not apply as respect a consent required in relation to section 230(7). (6) In this section “canal” includes inland navigation.

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339 Saving for works etc. of drainage authorities etc.

(1) Subject to the provisions of this section, nothing in any of the provisions of this Act to which this section applies authorises a highway authority or any other person to use or interfere with any watercourse (including the banks thereof), or any drainage or other works, vested in or under the control of the National Rivers Authority or other drainage body within the meaning of the Land Drainage Act 1991without the consent of the National Rivers Authority or that body. (1A) Subsection (1) does not apply in respect of an activity which is a flood risk activity within the meaning of the Environmental Permitting (England and Wales) Regulations 2016 (S.I. 2016/1154) . (2) A consent required for the purposes of subsection (1) above shall not be unreasonably withheld, and if any question arises whether the withholding of a consent is unreasonable either party may require it to be referred to an arbitrator to be appointed, in default of agreement, by the President of the Institution of Civil Engineers. (3) This section applies to sections 45, 100, 101, 110, 294 and 299 above and to the provisions specified in Schedule 22 to this Act. (4) In its application to sections 100, 110, and 299 above this section applies in relation to a navigation authority as it applies in relation to the National Rivers Authority or other drainage body within the meaning of the Land Drainage Act 1991.

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340 Preservation of amendments.

(1) Notwithstanding the repeal by this Act of the Highways Act 1959— (a) subsection (10) of section 3 of the Parish Councils Act 1957 (which was inserted by section 310 of the Highways Act 1959 and defines “road” for the purposes of the said section 3) continues to have effect, but subject to the amendments made to that subsection, in consequence of this Act, by Schedule 24 to this Act; (b) the enactments mentioned in Schedule 22 to the said Act of 1959 continue to have effect with the amendments there made but subject, in the case of such of those enactments as are mentioned in Schedule 24 to this Act, to the amendments made, in consequence of this Act, by the said Schedule 24. (2) Notwithstanding the repeal by this Act of the Highways Act 1971 (referred to below as “the 1971 Act”)— (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (b) section 3(6) of the New Forest Act 1964 (which provides for the fencing of a source of danger in the New Forest) continues to have effect with the amendment made by section 34(2) of the 1971 Act; (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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341 Amendment of section 303 of Public Health Act 1875.

In section 303 of the Public Health Act 1875 (power of Secretary of State to repeal and alter local Acts by means of provisional orders), the reference to any local Act which relates to the same subject matters as that Act is to be construed as including a reference to any local Act which relates to the same subject matters as the following provisions of this Act, namely, sections 288, 294, 312, 338, 339 and the provisions specified in Schedule 22 to this Act.

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342 Amendment of section 41 of the Countryside Act 1968.

In section 41 of the Countryside Act 1968 — (a) in subsection (1), at the end of paragraph (c) insert “or” and after that paragraph insert— (d) a trunk road picnic area as respects which functions of the Minister stand delegated to the local authority under section 113(1) of the Highways Act 1980, or are functions of the local authority by virtue of an agreement under section 113(3) of that Act, ; (b) after subsection (1) insert— (1A) The power of a local authority under subsection (1)(d) above is exercisable only in so far as any conditions attached to the relevant delegation or, as the case may be, included in the relevant agreement do not otherwise provide. .

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343 Transitional provisions, amendments and repeals.

(1) Schedule 23 to this Act, which contains transitional provisions, has effect. (2) The enactments specified in Schedule 24 to this Act are, in consequence of this Act, amended as there provided. (3) The enactments specified in Schedule 25 to this Act are repealed to the extent specified in the third column of that Schedule.

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344 Application to Isles of Scilly.

(1) Subject to the provisions of this section, the provisions of this Act specified in subsection (2) below do not extend to the Isles of Scilly. (2) The provisions referred to in subsection (1) above are— (a) sections 25 to 29, 118 to 121, 134, 135, 146, 147, 147ZA, 275 and 293; and (b) sections 219 to 225 and 229. (3) The Secretary of State may, after consultation with the Council of the Isles of Scilly, by order provide that all or any of the provisions of this Act specified in subsection (2)(a) above are, subject to such modifications as may be specified in the order, to apply in the Isles of Scilly as if those Isles were a separate county. (4) The Secretary of State may, on the application of the Council of the Isles of Scilly, by order provide that the provisions of this Act specified in subsection (2)(b) above are to apply in those Isles and, on the making of an order under this subsection, any reference in the said provisions to the street works authority is to be construed as a reference to the Council of those Isles. (5) On the making of an order under subsection (4) above the Council of the Isles of Scilly shall take such steps for notifying the public of its having been made as the Secretary of State may direct. (6) Section 232 above, in its application in the Isles of Scilly, has effect subject to the modification that any reference therein to the street works authority or the prospective street works authority is to be construed as a reference to the Council of those Isles, and any regulations made under that section are in their application to those Isles to be construed accordingly. (7) Sections 9, 97, 98, 270 and 301 of this Act, in their application in relation to the Isles of Scilly, have effect subject to such modifications as the Secretary of State may by order direct.

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345 Short title, commencement and extent.

(1) This Act may be cited as the Highways Act 1980. (2) This Act shall come into force on 1st January 1981. (3) This Act (except paragraph 18(c) of Schedule 24) extends to England and Wales only.

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SCHEDULE 1 Procedures for Making or Confirming Certain Orders and Schemes

Sections 10, 14, 16, 18, 106, 108, Schedule 23 para. 5. Part I Orders 1 Where the Minister proposes to make an order under any of the following provisions of this Act, that is to say, section 10, section 18, section 106 or section 108(1), or an order relating to a trunk road for which he is the highway authority under section 14 of this Act, he shall prepare a draft of the order and shall publish in at least one local newspaper circulating in the area in which any highway, or any proposed highway, to which the order relates is situated, and in the London Gazette, a notice— (a) stating the general effect of the proposed order; (b) naming a place in the said area where a copy of the draft order and of any map or plan referred to therein may be inspected by any person free of charge at all reasonable hours during a period specified in the notice, being a period of not less than the minimum period specified in paragraph 2A; and (c) stating that, within the said period, any person may by notice to the Minister object to the making of the order. 1A Where an order under section 10 of this Act is submitted to the Secretary of State by a strategic highways company, that company must publish, in the manner specified in paragraph 1, the notice there referred to; and that paragraph has effect in relation to the notice as if, for the references to the draft order and the making of the order, there were substituted references to the order as submitted to the Secretary of State and the confirmation of the order respectively. 2 Where an order under section 18 or section 108(1) of this Act, or an order relatinga trunk road for which a strategic highways company is the highway authority or to to a classified road under section 14 of this Act, is submitted to the Minister by a ... highway authority, that authority shall publish, in the manner specified in paragraph 1 above, the notice there referred to, and that paragraph shall have effect in relation to a notice published by any such authority as if, for the references to the draft order and the making of the order, there were substituted references to the order as submitted to the Minister and the confirmation of the order respectively. 2A The minimum period is— (a) 30 days from the date of the publication of the notice, in the case of an order proposed by, or submitted to, the Secretary of State; (b) 6 weeks from the date of the publication of the notice, in the case of an order proposed by, or submitted to, the Welsh Ministers. 3 Not later than the day on which the said notice is published or, if it is published on 2 or more days, the day on which it is first published, the Minister, the strategic highways company or the local highway authority, as the case may be, shall serve on each person specified in such head or heads of the Table set out at the end of this paragraph as apply in the case of the order in question— (a) a copy of the said notice; (b) a copy of the draft order or of the order, as the case may be; and (c) a copy of any map or plan referred to in the draft order or the order relating to a matter which, in the opinion of the Minister , of the strategic highways company or of the local highway authority, as the case may be, is likely to affect the said person. TABLE Persons to be served with copies of the documents specified in paragraph 3 of this Schedule (i) In the case of every order proposed to be made under section 10 or section 106 of this Act, and every order relating to a trunk road proposed to be made under section 14 of this Act— Every council in whose area any highway or proposed highway to which the proposed order relates is situated. (ii) In the case of an order proposed to be made under section 10, 14, 18 or 108(1) of this Act which provides for the construction of a bridge over or tunnel under navigable waters or for the diversion of a navigable watercourse, and in the case of every order proposed to be made under section 106 of this Act— The Environment Agency, the Natural Resources Body for Wales and every navigation authority concerned with or having jurisdiction over the waters affected or the area comprising those waters or that watercourse. . . (iii) In the case of an order proposed to be made under section 18 of this Act or an order relating to a classified road, proposed to be made under section 14 of this Act, which (in either case) authorises the carrying out of any works— Every council in whose area any works authorised by the proposed order are to be carried out. (iv) In the case of an order under section 18 of this Act, or an order relating to a classified road under section 14 of this Act, which (in either case) provides for transferring any highway from one highway authority to another— The highway authorities to and from whom the highway is to be transferred. (v) In the case of an order proposed to be made under section 14 or 18 of this Act which authorises the stopping up of any private means of access to any premises— The owner (within the meaning of section 21 of this Act) and the occupier of those premises. (vi) In the case of an order proposed to be made under section 14 or 18 of this Act which authorises the stopping up or diversion of any highway— The council or, in the case of a parish not having a separate council, the parish meeting, of every parish in which the highway is situated and the council of every community in which the highway is situated. Any public utility undertakers having apparatus under, in, upon, over, along or across the highway. 4 Where the proposed order authorises the stopping up or diversion of a highway, the Minister, the strategic highways company or the local highway authority, as the case may be, shall, not later than the day on which the said notice is published or, if it is published on 2 or more days, the day on which it is first published, cause a copy of it to be displayed in a prominent position at the ends of so much of any highway as is proposed to be stopped up or diverted under the order. 5 At any time, whether before or after the expiration of the period specified in the notice in pursuance of paragraph (1)(b) above, the Minister, the strategic highways company or the local highway authority, as the case may be, by whom the notice was published may, by a subsequent notice published in at least one local newspaper circulating in the area in which any highway, or any proposed highway, to which the proposed order relates is situated, and in the London Gazette, substitute for the period specified in the first notice such longer period as may be specified in the subsequent notice. 6 Where the period specified in a notice published by the Minister , a strategic highways company or a local highway authority under paragraph 1 above is extended by a notice published under paragraph 5 above, paragraph 3 above shall apply as if the notice under paragraph 5 were a notice under paragraph 1, but the foregoing provision shall not be taken as requiring a copy of the proposed order or of any map or plan referred to in that order to be served on a person on whom it was previously served. 7 (1) If any objection to the proposed order is received by the Minister— (a) from any person on whom a copy of the notice is required to be served under paragraph 3 above within the period specified in the notice in pursuance of paragraph (1)(b) above or, if that period has been extended by a subsequent notice under paragraph 5 above, within the period specified in the subsequent notice, or (b) from any other person appearing to him to be affected within the period specified in the notice or the subsequent notice, as the case may be, and the objection is not withdrawn, then— (i) in the case of an order proposed to be made by the Minister, the Minister and the Secretary of State acting jointly, or (ii) in the case of an order made by a ... highway authority and submitted to the Minister, the Minister, shall, subject to sub-paragraph (2) below, cause a local inquiry to be held. (2) Except where the objection is made by a person entitled to receive a copy of the notice relating to the order in question by virtue of paragraph 3 above and such one or more of the following heads of the Table set out at the end of that paragraph, that is to say, heads (i), (ii), (iii) and (iv), as apply in the case of that order, the Minister and the Secretary of State acting jointly or, as the case may be, the Minister may, if satisfied that in the circumstances of the case the holding of an inquiry under this paragraph is unnecessary, dispense with such an inquiry. 8 (1) After any objections to the proposed order which are not withdrawn and, where a local inquiry is held, the report of the person who held the inquiry have been considered— (a) in the case of an order proposed to be made by the Minister, by the Minister and the Secretary of State acting jointly, or (b) in the case of an order made by a ... highway authority and submitted to the Minister, by the Minister, the Minister may make or confirm the order either without modification or subject to such modifications as he thinks fit. (2) The power under this paragraph to make or confirm the order includes power to make or confirm it so far as relating to part of the proposals contained in it (either without modification or subject to such modifications as the Minister thinks fit) while deferring consideration of the remaining part; and where the Minister makes or confirms part of the order, that part and the remaining part are each to be deemed for the purposes of this Act to be a separate order. (3) Where the Minister proposes to exercise the power to make or confirm the order subject to modifications, and the modifications will in his opinion make a substantial change in the order— (a) he shall notify any person who appears to him to be likely to be affected by the proposed modifications; (b) he shall give that person an opportunity of making representations to him with respect to the modifications within such reasonable period as he may specify; and (c) before he exercises the power, the Minister or, in the case of an order proposed to be made by the Minister, the Minister and the Secretary of State acting jointly shall consider any representations made to the Minister with respect to the proposed modifications within that period. 8A (1) This paragraph applies where the Secretary of State is exercising the functions conferred by paragraph 8. (2) The Secretary of State must— (a) decide to make or confirm the proposed order, (b) decide not to make or confirm the proposed order, or (c) decide to give notification under paragraph 8(3)(a), within the period of 10 weeks beginning with the relevant day. (3) Subject to sub-paragraph (4), the relevant day is the day on which any of the following occurs in relation to the proposed order— (a) the period specified in the notice published under paragraph 1 or (as the case may be) paragraph 5 expires with no qualifying objection having been received by the Secretary of State; (b) a qualifying objection is withdrawn with the result that no qualifying objections remain live; (c) the Secretary of State decides under paragraph 7(2) to dispense with an inquiry; (d) the Secretary of State receives the report of the person who has held a local inquiry. (4) In a case where— (a) the Secretary of State has to decide whether to confirm a related compulsory purchase order, and (b) the relevant day in relation to that compulsory purchase order is later than the relevant day specified in sub-paragraph (3), the relevant day for the purposes of sub-paragraph (2) is the relevant day in relation to the compulsory purchase order. (5) The relevant day in relation to a related compulsory purchase order is the day on which the procedure that must be followed before the Secretary of State can decide whether to confirm the order (not including any duty on the Secretary of State to consider certain matters before taking that decision) is completed. (6) Where the Secretary of State gives notification under paragraph 8(3)(a), the Secretary of State must decide whether or not to make or confirm the proposed order within the period of 10 weeks beginning with the final day of the period specified under paragraph 8(3)(b). (7) Sub-paragraphs (4) and (5) apply for postponing the first day of the period referred to in sub-paragraph (6) as they apply for postponing the relevant day for the purposes of sub-paragraph (2). (8) If the Secretary of State has decided to proceed in accordance with paragraph 8(2), sub-paragraphs (2) to (7) of this paragraph apply separately in relation to each part of the proposals that is being given separate consideration. (9) The Secretary of State may in any particular case, if the Secretary of State considers it appropriate, extend a period that applies under this paragraph. (10) The power under sub-paragraph (9) may be exercised— (a) more than once in relation to the same period; (b) after the expiry of the period. (11) The Secretary of State must give written notice of any extension— (a) in a case where the proposed order has already been made, to the authority that made it, and (b) to each person who has made a qualifying objection and not withdrawn it. (12) In this paragraph— “qualifying objection” means an objection received as described in paragraph 7(1)(a) or (b); “related compulsory purchase order”, in relation to a proposed order, means a compulsory purchase order proceedings on which could, by virtue of section 257(1), be taken concurrently with any proceedings under this Schedule on the proposed order. 9 In this Part of this Schedule references to a proposed order or an order proposed to be made include references to an order made by a... highway authority and submitted to the Minister. Part II Schemes Under Sections 16 and 106(3) 10 (1) Where the Minister proposes to make a scheme under section 16 of this Act, or where a scheme under that section or section 106(3) of this Act is submitted to the Minister by a ... highway authority, the Minister or that authority, as the case may be, shall publish in at least one local newspaper circulating in the area in which the special road, or, as the case may be, the site of the bridge or tunnel, to which the scheme relates is situated, and in the London Gazette, a notice— (a) stating the general effect of the proposed scheme; (b) naming a place in the said area where a copy of a draft of the scheme or of the scheme as submitted to the Minister, as the case may be, and of any map or plan referred to in it may be inspected by any person free of charge at all reasonable hours during a period specified in the notice, being a period of not less than the minimum period specified in sub-paragraph (2); and (c) stating that, within the said period, any person may by notice to the Minister object to the making or confirmation of the scheme. (2) The minimum period is— (a) 30 days from the date of the publication of the notice, in the case of a scheme proposed by, or submitted to, the Secretary of State; (b) 6 weeks from the date of the publication of the notice, in the case of a scheme proposed by, or submitted to, the Welsh Ministers. 11 Not later than the day on which the said notice is published or, if it is published on 2 or more days, the day on which it is first published, the Minister or the other highway authority, as the case may be, shall serve a copy of it (together with a copy of the draft scheme or of the scheme, as the case may be, and of any map or plan referred to in it)— (a) on every council in whose area any part of the route of the special road or, as the case may be, the site of the bridge or tunnel is situated; and (b) where the scheme provides for the construction of a bridge over or tunnel under any navigable waters, on the Environment Agency, the Natural Resources Body for Wales and every navigation authority concerned with or having jurisdiction over the waters affected or the area comprising those waters. 12 At any time, whether before or after the expiration of the period specified in the notice in pursuance of paragraph 10(b) above, the Minister or, as the case may be, theother highway authority by whom the notice was published may, by a subsequent notice published in at least one local newspaper circulating in the area in which the special road, or, as the case may be, the site of the bridge or tunnel, to which the proposed scheme relates is situated, and in the London Gazette, substitute for the period specified in the first notice such longer period as may be specified in the subsequent notice. 13 Where the period specified in a notice published by the Minister or another highway authority under paragraph 10 above is extended by a notice published under paragraph 12 above, paragraph 11 above, with the omission of the reference to a copy of the draft scheme or of the scheme and of any map or plan referred to in it, shall apply as if the notice under paragraph 12 were a notice under paragraph 10. 14 (1) If any objection to the proposed scheme is received by the Minister— (a) from any council or authority on whom a copy of the notice is required to be served under paragraph 11 above within the period specified in the notice in pursuance of paragraph 10(b) above or, if that period has been extended by a subsequent notice under paragraph 12 above, within the period specified in the subsequent notice, or (b) from any other person appearing to him to be affected within the period specified in the notice or the subsequent notice, as the case may be, and the objection is not withdrawn, then— (i) in the case of a scheme proposed to be made by the Minister, the Minister and the Secretary of State acting jointly, or (ii) in the case of a scheme made by a ...highway authority and submitted to the Minister, the Minister, shall, subject to sub-paragraph (2) below, cause a local inquiry to be held. (2) Except where the objection is made by any such council or authority as aforesaid, the Minister and the Secretary of State acting jointly or, as the case may be, the Minister may, if satisfied that in the circumstances of the case the holding of an inquiry under this paragraph is unnecessary, dispense with such an inquiry. 15 (1) After any objections to the proposed scheme which are not withdrawn and, where a local inquiry is held, the report of the person who held the inquiry have been considered— (a) in the case of a scheme proposed to be made by the Minister, by the Minister and the Secretary of State acting jointly, or (b) in the case of a scheme made by a ...highway authority and submitted to the Minister, by the Minister, the Minister may make or confirm the scheme either without modification or subject to such modifications as he thinks fit. (2) The power under this paragraph to make or confirm the scheme includes power to make or confirm it so far as relating to part of the proposals contained in it (either without modification or subject to such modifications as the Minister thinks fit) while deferring consideration of the remaining part; and where the Minister makes or confirms part of the scheme, that part and the remaining part are each to be deemed for the purposes of this Act to be a separate scheme. (3) Where the Minister proposes to exercise the power to make or confirm the scheme subject to modifications, and the modifications will in his opinion make a substantial change in the scheme,— (a) he shall notify any person who appears to him to be likely to be affected by the proposed modifications; (b) he shall give that person an opportunity of making representation to him with respect to the modifications within such reasonable period as he may specify; and (c) before the Minister exercises the power, the Minister or, in the case of a scheme proposed to be made by the Minister, the Minister and the Secretary of State acting jointly shall consider any representations made to the Minister with respect to the proposed modifications within that period. 15A (1) This paragraph applies where the Secretary of State is exercising the functions conferred by paragraph 15. (2) The Secretary of State must— (a) decide to make or confirm the proposed scheme, (b) decide not to make or confirm the proposed scheme, or (c) decide to give notification under paragraph 15(3)(a), within the period of 10 weeks beginning with the relevant day. (3) Subject to sub-paragraph (4), the relevant day is the day on which any of the following occurs in relation to the proposed scheme— (a) the period specified in the notice published under paragraph 10 or (as the case may be) paragraph 12 expires with no qualifying objection having been received by the Secretary of State; (b) a qualifying objection is withdrawn with the result that no qualifying objections remain live; (c) the Secretary of State decides under paragraph 14(2) to dispense with an inquiry; (d) the Secretary of State receives the report of the person who has held a local inquiry. (4) In a case where— (a) the Secretary of State has to decide whether to confirm a related compulsory purchase order, and (b) the relevant day in relation to that compulsory purchase order is later than the relevant day specified in sub-paragraph (3), the relevant day for the purposes of sub-paragraph (2) is the relevant day in relation to the compulsory purchase order. (5) The relevant day in relation to a related compulsory purchase order is the day on which the procedure that must be followed before the Secretary of State can decide whether to confirm the order (not including any duty on the Secretary of State to consider certain matters before taking that decision) is completed. (6) Where the Secretary of State gives notification under paragraph 15(3)(a), the Secretary of State must decide whether or not to make or confirm the proposed scheme within the period of 10 weeks beginning with the final day of the period specified under paragraph 15(3)(b). (7) Sub-paragraphs (4) and (5) apply for postponing the first day of the period referred to in sub-paragraph (6) as they apply for postponing the relevant day for the purposes of sub-paragraph (2). (8) If the Secretary of State has decided to proceed in accordance with paragraph 15(2), sub-paragraphs (2) to (7) of this paragraph apply separately in relation to each part of the proposals that is being given separate consideration. (9) The Secretary of State may in any particular case, if the Secretary of State considers it appropriate, extend a period that applies under this paragraph. (10) The power under sub-paragraph (9) may be exercised— (a) more than once in relation to the same period; (b) after the expiry of the period. (11) The Secretary of State must give written notice of any extension— (a) in a case where the proposed scheme has already been made, to the authority that made it, and (b) to each person who has made a qualifying objection and not withdrawn it. (12) In this paragraph— “qualifying objection” means an objection received as described in paragraph 14(1)(a) or (b); “related compulsory purchase order”, in relation to a proposed scheme, means a compulsory purchase order proceedings on which could, by virtue of section 257(1), be taken concurrently with any proceedings under this Schedule on the proposed scheme. 16 In this Part of this Schedule “proposed scheme” includes a scheme made by a ... highway authority and submitted to the Minister. Part III General 17 If, on or after publishing a notice required by Part I or Part II of this Schedule to be published in connection with the making or confirmation of an order or scheme, it appears to the Minister or a other highway authority desirable to do so, he or they shall take such steps, in addition to those required by the said Part I or Part II to be taken, as will in his or their opinion secure that additional publicity is given in the area affected by the order or scheme to the proposals contained in it. 18 (1) Any person who objects to the making or confirmation of an order or scheme pursuant to this Schedule shall include in the notice of objection a statement of the grounds of objection. (2) If any notice of objection to the making or confirmation of an order or scheme pursuant to this Schedule does not state the grounds of objection the Minister or, in the case of an order or scheme proposed to be made by the Minister, the Minister and the Secretary of State acting jointly may disregard the objection. 19 (1) Where objections to the making or confirmation of an order or scheme pursuant to this Schedule are to be the subject of a local inquiry, the Minister or, in the case of an order or scheme proposed to be made by the Minister, the Minister and the Secretary of State acting jointly may, by notice served on the persons making such objections or by the notice announcing the holding of the inquiry, direct that any person who intends at the inquiry to submit— (a) that any highway or proposed highway to which the order or scheme in question relates should follow an alternative route, or (b) that, instead of improving, diverting or altering a highway in accordance with the order in question, a new highway should be constructed on a particular route. shall send to the Minister within such period as may be specified in the notice, being a period not less than 14 days and ending not less than 14 days before the date fixed for the holding of the inquiry, sufficient information about the alternative route or the route of the new highway, as the case may be, to enable it to be identified. (2) Where the Minister or the Minister and the Secretary of State acting jointly have given a direction under sub-paragraph (1) above in relation to an inquiry, the person holding the inquiry and the Minister or, as the case may be, those Ministers may disregard so much of any objection as consists of a submission to which the direction applies unless the person making the objection has complied with the direction. 19A On making or confirming an order or scheme in accordance with this Schedule, the Secretary of State must publish on a government website— (a) notice of the making or confirmation of the order or scheme, (b) if the order or scheme was made with modifications, a summary of those modifications, and (c) either— (i) a copy of the order or scheme, together with any maps or plans referred to in it, or (ii) an explanation of where and how that documentation can be inspected. 20 Proceedings required by this Schedule to be taken for the purposes of an order relating to a trunk road under section 14 of this Act or for the purposes of an order relating to a special road under section 18 of this Act may be taken concurrently (so far as practicable) with proceedings required by this Schedule to be taken for the purposes of an order under section 10 of this Act or, as the case may be, for the purposes of a scheme under section 16 of this Act, relating to that road. 21 Where— (a) proceedings required to be taken for the purposes of an order relating to a trunk road under section 14 of this Act are taken after the making by the Minister of an order relating to that road under section 10 of this Act, or (b) proceedings required to be taken for the purposes of an order relating to a special road under section 18 of this Act are taken after the making or confirmation by the Minister of a scheme relating to that road under section 16 of this Act, the Minister or, in the case of an order proposed to be made by the Minister, the Minister and the Secretary of State acting jointly may disregard any objection to the order under section 14 or 18 which in his or their opinion amounts in substance to an objection to the order under section 10 or, as the case may be, to the scheme under section 16.

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SCHEDULE 2 Validity and Date of Operation of Certain Schemes and Orders

Sections 10, 14, 16, 18, 106, 108, 124, Schedule 23, paras. 4, 5. 1 (1) Subject to sub-paragraph (2) below, as soon as may be after a scheme or order to which this Schedule applies has been made or confirmed by the Minister, he shall publish in the London Gazette, and in such other manner as he thinks best adapted for informing persons affected, a notice stating that the scheme or order has been made or confirmed, and naming a place where a copy of it may be inspected free of charge at all reasonable hours. (2) There is no requirement under sub-paragraph (1) above to publish a notice in the London Gazette of the making or confirmation of an order under section 124 of this Act; and if an order under that section is one that has been confirmed by a local highway authority the notice relating to it required to be published under sub-paragraph (1) above (otherwise than in the London Gazette) shall be published by that authority. 2 If a person aggrieved by a scheme or order to which this Schedule applies desires to question the validity of it, or of any provision contained in it, on the ground that it is not within the powers of this Act or on the ground that any requirement of this Act or of regulations made under this Act has not been complied with in relation to the scheme or order, he may, within 6 weeks from the date on which the notice required by paragraph 1 above is first published, make an application for the purpose to the High Court. 3 On any such application, the Court— (a) may by interim order suspend the operation of the scheme or order, or of any provision contained in it, either generally or in so far as it affects any property of the applicant, until the final determination of the proceedings; and (b) if satisfied that the scheme or order, or any provision contained in it, is not within the powers of this Act or that the interests of the applicant have been substantially prejudiced by a failure to comply with any such requirement as aforesaid, may quash the scheme or order or any provision contained in it, either generally or in so far as it affects any property of the applicant. 4 Subject to paragraph 3 above, a scheme or order to which this Schedule applies shall not, either before or after it has been made or confirmed, be questioned in any legal proceedings whatever, and shall become operative on the date on which the notice required by paragraph 1 above is first published, or on such later date, if any, as may be specified in the scheme or order. 5 In relation to any scheme or order to which this Schedule applies that is subject to special parliamentary procedure, the foregoing provisions of this Schedule have effect subject to the following modifications:— (a) if the scheme or order is confirmed by Act of Parliament under section 6 of the Statutory Orders (Special Procedure) Act 1945, paragraphs 2 to 4 do not apply; and (b) in any other case, paragraph 2 has effect as if, for the reference in it to the date on which the notice required by paragraph 1 is first published, there were substituted a reference to the date on which the scheme or order becomes operative under the said Act of 1945, and paragraph 4 has effect as if the words from “and shall become operative” to the end of the paragraph were omitted.

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SCHEDULE 3 Provisions of this Act Referred to in Section 11

Section 11. Part I Provisions conferring functions exercisable in relation to trunk roads by the Ministeror a strategic highways company exclusively 1 Provisions contained in Part IV. Section 38(1) and section 57(2). 2 Provisions contained in Part V. Section 73. 3 Provisions contained in Part IX. Section 133, section 171(1) and sections 176 and 178. 4 Provisions contained in part XII. Sections 241 and 271. Part II Provisions conferring functions exercisable in relation to trunk roads by the Ministeror a strategic highways company as well as by other authorities 5 Provisions contained in Part IX. Sections 151 and 152, section 154(1), 154(4) so far as relating to a notice under 154(1), and sections 163 and 164. Part III Provisions conferring functions exercisable in relation to trunk roads by the Ministeror a strategic highways company and by other authorities with the consent of the Ministeror a strategic highways company 6 Provisions contained in Part V. Section 66(2) and section 96(4). 7 Provisions contained in Part IX. Section 185.

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SCHEDULE 4 Classes of Traffic for Purposes of Special Roads

Section 17. Class I: Heavy and light locomotives, motor tractors, heavy motor cars, motor cars and motor cycles whereof the cylinder capacity of the engine is not less than 50 cubic centimetres, and trailers drawn thereby, which comply with general regulations as to construction and use made, or having effect as if made, under section 41 of the Road Traffic Act 1988 and in the case of which the following conditions are satisfied:— that the whole weight of the vehicle is transmitted to the road surface by means of wheels; that all wheels of the vehicle are equipped with pneumatic tyres; that the vehicle is not controlled by a pedestrian; that the vehicle is not a vehicle chargeable with duty under paragraph 2 of Part I of Schedule 3 to the Vehicles (Excise) Act 1971; and in the case of a motor vehicle, that it is so constructed as to be capable of attaining a speed of 25 miles per hour on the level under its own power, when unladen and not drawing a trailer. Class II; Motor vehicles and trailers the use of which for or in connection with the conveyance of abnormal indivisible loads is authorised by order made, or having effect as if made, by the Minister under section 44(1) of the Road Traffic Act 1988. Motor vehicles and trailers constructed for naval, military, air force or other defence purposes, the use of which is authorised by order made, or having effect as if made, by the Minister under section 44(1) of the Road Traffic Act 1988. Motor vehicles and trailers, to which any of the following Articles of the Motor Vehicles (Authorisation of Special Types) General Order 1973 namely, Article 16 (which relates to vehicles for moving excavated material), Article 17 (which relates inter alia to vehicles constructed for use outside the United Kingdom) and Article 21 (which relates to engineering plant) relate and which are authorised to be used by any of those Articles of the said order or by any other order made, or having effect as if made, under section 44(1) of the Road Traffic Act 1988, the said motor vehicles being vehicles in respect of which the following condition is satisfied, that is to say, that the vehicle is so constructed as to be capable of attaining a speed of 25 miles per hour on the level under its own power, when unladen and not drawing a trailer. Class III: Motor vehicles controlled by pedestrians. Class IV: All motor vehicles (other than invalid carriages and motor cycles whereof the cylinder capacity of the engine is less than 50 cubic centimetres) not comprised in Class I, Class II or Class III. Class V: Vehicles drawn by animals. Class VI: Vehicles (other than pedal cycles, perambulators, push-chairs and other forms of baby carriages) drawn or propelled by pedestrians. Class VII: Pedal cycles. Class VIII: Animals ridden, led or driven. Class IX: Pedestrians, perambulators, push-chairs and other forms of baby carriages and dogs held on a lead. Class X: Motor cycles whereof the cylinder capacity of the engine is less than 50 cubic centimetres. Class XI: Invalid carriages. In this Schedule any expression defined for the purposes of the Road Traffic Act 1988 has the same meaning as in that Act and the expression “abnormal indivisible load” has the same meaning as in the Motor Vehicles (Authorisation of Special Types) General Order 1973.

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SCHEDULE 5 Modifications of Certain Provisions of the Town and Country Planning Act 1990 as Applied by Section 21

Section 21. Part I Modifications in Relation to Land Referred to in Paragraph (a) or (b) of Section 21(2) 1 For references in sections 271, 272, 274, 279(2) to (4), 280 and 282 of the Town and Country Planning Act 1990 (referred to in this Schedule as “the 1990 Act”) to the acquiring or appropriating authority substitute references to the special road authority. 2 In subsection (2) of section 271 and of section 272 for the words from “any development” to “appropriated” substitute “any works in pursuance of the scheme or order, or as the case may be, for the purpose of ensuring that the highway can be safely used as a special road”. 3 The references in subsection (5) of the said section 271 and of the said section 272 and subsections (2) and (3) of the said section 274 to a local authority or statutory undertakers include references to the special road authority, whena strategic highways company or a local highway authority. 4 In paragraph (b) of section 273(1) of the 1990 Act for the words “development to be carried out on the land is” substitute “the works to be executed by the special road authority or, as the case may be, that the effect of the conversion of the highway into a special road, will be”. 5 For subsection (2) of the said section 273 substitute the following:— (2) No notice under this section shall be served later than 21 days after the date of the commencement of the works or as the case may be, the date of the coming into operation of the order by means of which the highway is appropriated by or transferred to the special road authority. . 6 For references in subsections (3) and (6) of the said section 273 to the authority or the acquiring or appropriating authority substitute references to the special road authority. Part II Modifications in Relation to Land Referred to in Paragraph (c) of Section 21(2) 1 For references in sections 271, 272, 274, 279(2) to (4), 280 and 282 of the 1990 Act to the acquiring or appropriating authority substitute references to the Minister,the strategic highways company, the special road authority or the local highway authority, as the case may be, by whom the order in question was made. 2 In subsection (2) of section 271 and of section 272 for the words from “is necessary” to “appropriated” substitute “is made necessary by the works in connection with which the stopping up or diversion of the highways is or was authorised”. 3 The references in subsection (5) of the said section 271 and of the said section 272 and subsections (2) and (3) of the said section 274 to a local authority or statutory undertakers include references toa strategic highways company or a local highway authority. 4 For subsections (1) and (2) of section 273 of the 1990 Act substitute the following:— (1) Subject to the provisions of this section, where the stopping up or diversion of a highway is or was authorised by an order under section 14 or section 18 of the Highways Act 1980, and— (a) there is on, under or over the land over which that highway subsists or subsisted any apparatus vested in or belonging to statutory undertakers; and (b) the undertakers claim that the works in connection with which the stopping up or diversion of the highway is or was authorised are such as to require, on technical or other grounds connected with the carrying on of their undertaking, the removal or re-siting of their apparatus, the undertakers may serve on the Minister,the strategic highways company, the special road authority or the local highway authority, as the case may be, by whom the order was made a notice claiming the right to enter on the land and carry out such works for the removal or re-siting of the apparatus or any part of it as may be specified in the notice. (2) No notice under this section shall be served later than twenty-one days after the later of the following dates, that is to say, the date of the coming into operation of the order in question and the date of the commencement of the works in connection with which the stopping up or diversion of the highway is or was authorised. . 5 For references in subsections (3) and (6) of the said section 273 to the authority or to the acquiring or appropriating authority substitute references to the Minister,the strategic highways company, the special road authority or the local highway authority as the case may be, by whom the order in question was made.

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SCHEDULE 6 Provisions as to Making, Confirmation, Validity and Date of Operation of Certain Orders Relating to Footpaths , Bridleways and Restricted Byways

Sections 26, 118, 119. Part I Procedure for Making and Confirming Certain Orders Relating to Footpaths , Bridleways and Restricted Byways 1 (1) Before a public path creation order, a public path extinguishment order , a rail crossing extinguishment order, a special extinguishment order a public path diversion order , a rail crossing diversion order, a special diversion order or an SSSI diversion order is submitted to the Secretary of State for confirmation or confirmed as an unopposed order, the authority by whom the order was made shall give notice in the prescribed form— (a) stating the general effect of the order and that it has been made and is about to be submitted for confirmation or to be confirmed as an unopposed order, (b) naming a place in the area in which the land to which the order relates is situated where a copy of the order and of the map referred to therein may be inspected free of charge and copies thereof may be obtained at a reasonable charge at all reasonable hours, and (c) specifying the time (which shall not be less than 28 days from the date of the first publication of the notice) within which, and the manner in which, representations or objections with respect to the order may be made. (2) Before the Secretary of State makes a public path creation order, a public path extinguishment order , a rail crossing extinguishment order, a special extinguishment order a public path diversion order , a rail crossing diversion order, a special diversion order or an SSSI diversion order, he shall prepare a draft of the order and shall give notice— (a) stating that he proposes to make the order and the general effect of it, (b) naming a place in the area in which the land to which the draft order relates is situated where a copy of the draft order and of the map referred to in it may be inspected free of charge and copies thereof may be obtained at a reasonable charge at all reasonable hours, and (c) specifying the time (which shall not be less than 28 days from the date of the first publication of the notice) within which, and the manner in which, representations or objections with respect to the draft order may be made. (3) The notices to be given under sub-paragraph (1) or (2) above shall be given— (a) by publication in at least one local newspaper circulating in the area in which the land to which the order relates is situated; (b) by serving a like notice on— (i) every owner, occupier and lessee (except tenants for a month or any period less than a month and statutory tenants within the meaning of the Rent (Agriculture) Act 1976 or the Rent Act 1977 and licensees under an assured agricultural occupancy within the meaning of Part I of the Housing Act 1988) of any of that land; (ii) every council, the council of every parish or community and the parish meeting of every parish not having a separate parish council, being a council, parish or community whose area includes any of that land; (iii) every person on whom notice is required to be served in pursuance of sub-paragraph (3A) or (3B) below; and (iv) such other persons as may be prescribed in relation to the area in which that land is situated or as the authority or, as the case may be, the Secretary of State may consider appropriate; and (c) by causing a copy of the notice to be displayed in a prominent position— (i) at the ends of so much of any footpath , bridleway or restricted byway as is created, stopped up or diverted by the order; (ii) at council offices in the locality of the land to which the order relates; and (iii) at such other places as the authority or, as the case may be, the Secretary of State may consider appropriate. (3A) Any person may, on payment of such reasonable charge as the authority may consider appropriate, require an authority to give him notice of all such public path creation orders, public path extinguishment orders , rail crossing extinguishment orders, special extinguishment orders public path diversion orders , rail crossing diversion orders, special diversion orders and SSSI diversion orders as are made by the authority during a specified period, are of a specified description and relate to land comprised in a specified area; and in this sub-paragraph “specified” means specified in the requirement. (3B) Any person may, on payment of such reasonable charge as the Secretary of State may consider appropriate, require the Secretary of State to give him notice of all such draft public path creation orders, draft public path extinguishment orders , draft rail crossing extinguishment orders, draft special extinguishment orders draft public path diversion orders , draft rail crossing diversion orders, draft special diversion orders and draft SSSI diversion orders as are prepared by the Secretary of State during a specified period, are of a specified description and relate to land comprised in a specified area; and in this sub-paragraph “specified” means specified in the requirement. (3C) The Secretary of State may, in any particular case, direct that it shall not be necessary to comply with sub-paragraph (3)(b)(i) above; but if he so directs in the case of any land, then in addition to publication the notice shall be addressed to “The owners and any occupiers” of the land (describing it) and a copy or copies of the notice shall be affixed to some conspicuous object or objects on the land. (4) Where under this paragraph a notice is required to be served on an owner of land and the land belongs to an ecclesiastical benefice of the Church of England, a like notice shall be served on the Diocesan Board of Finance for the diocese in which the land is situated. (4A) Sub-paragraph (3)(b) and (c) and, where applicable, sub-paragraphs (3C) and (4) above shall be complied with not less than 28 days before the expiration of the time specified in the notice. (4B) A notice required to be served by sub-paragraph (3)(b)(i), (ii) or (iv) above shall be accompanied by a copy of the order. (4C) A notice required to be displayed by sub-paragraph (3)(c)(i) above at the ends of so much of any way as is affected by the order shall be accompanied by a plan showing the general effect of the order so far as it relates to that way. (4D) In sub-paragraph (3)(c)(ii) above “council offices” means offices or buildings acquired or provided by a council or by the council of a parish or community or the parish meeting of a parish not having a separate parish council. 2 (1) If no representations or objections are duly made, or if any so made are withdrawn, then— (a) the Secretary of State may, if he thinks fit, confirm or make the order, as the case may be, with or without modifications; (b) the authority by whom the order was made (where not the Secretary of State) may, instead of submitting the order to the Secretary of State, themselves confirm the order (but without any modification). (2) If any representation or objection duly made is not withdrawn, the Secretary of State shall, before confirming or making the order, as the case may be, if the objection is made by a local authority cause a local inquiry to be held, and in any other case either— (a) cause a local inquiry to be held, or (b) afford to any person by whom any representation or objection has been duly made and not withdrawn an opportunity of being heard by a person appointed by him for the purpose, and, after considering the report of the person appointed to hold the inquiry or to hear representations or objections, may, subject as provided below, confirm or make the order, as the case may be, with or without modifications. In the case of a public path creation order , a public path diversion order, a special diversion order or an SSSI diversion orderif objection is made by statutory undertakers on the ground that the order provides for the creation of a public right of way over land covered by works used for the purposes of their undertaking or the curtilage of such land, and the objection is not withdrawn, the order is subject to special parliamentary procedure. (3) Notwithstanding anything in the foregoing provisions of this paragraph, the Secretary of State shall not confirm or make an order so as to affect land not affected by the order as submitted to him or the draft order prepared by him, as the case may be, except after— (a) giving such notice as appears to him requisite of his proposal so to modify the order, specifying the time (which shall not be less than 28 days from the date of the first publication of the notice) within which, and the manner in which, representations or objections with respect to the proposal may be made, (b) holding a local inquiry or affording to any person by whom any representation or objection has been duly made and not withdrawn an opportunity of being heard by a person appointed by him for the purpose, and (c) considering the report of the person appointed to hold the inquiry or to hear representations or objections, as the case may be, and, in the case of a public path creation order , a public path diversion order, a special diversion order or an SSSI diversion order if objection is made by statutory undertakers on the ground that the order as modified would provide for the creation of a public right of way over land covered by works used for the purposes of their undertaking or the curtilage of such land, and the objection is not withdrawn, the order is subject to special parliamentary procedure. 2A (1) The following decisions- (a) a decision of the Secretary of State under paragraph 2 above as respects an order made by an authority other than the Secretary of State including any related decision under section 120(5) of this Act, and (b) a decision of the Secretary of State under section 121E(1)(c) of this Act, including any related decision under section 120(5) of this Act, shall, except in the case of a rail crossing extinguishment order, the case of a rail crossing diversion order and such classes of case as may be for the time being be prescribed or as may be specified in directions given by the Secretary of State, be made by a person appointed by the Secretary of State for the purpose instead of by the Secretary of State; and a decision made by a person so appointed shall be treated as a decision of the Secretary of State. (2) The Secretary of State may, if he thinks fit, direct that a decision which, by virtue of sub-paragraph (1) above and apart from this sub-paragraph, falls to be made by a person appointed by the Secretary of State shall instead be made by the Secretary of State; and a direction under this sub-paragraph shall state the reasons for which it is given and shall be served on the person, if any, so appointed, the authority and any person by whom a representation or objection has been duly made and not withdrawn. (3) Where the Secretary of State has appointed a person to make a decision under paragraph 2 above the Secretary of State may, at any time before the making of the decision, appoint another person to make it instead of the person first appointed to make it. (4) Where by virtue of sub-paragraph (2) or (3) above a particular decision falls to be made by the Secretary of State or any other person instead of the person first appointed to make it, anything done by or in relation to the latter shall be treated as having been done by or in relation to the former. (5) Provision may be made by regulations of the Secretary of State for the giving of publicity to any directions given by the Secretary of State under this paragraph. 2B (1) Subject to sub-paragraph (2), subsections (2) to (5) of section 250 of the Local Government Act 1972 (giving of evidence at, and defraying of costs of, inquiries) apply to a hearing which the Secretary of State causes to be held under paragraph 2 above in England as they apply (by virtue of section 302(1) of this Act) to a local inquiry which he causes to be held under this Act. (2) In its application to a hearing or local inquiry held under paragraph 2 above by a person appointed under paragraph 2A(1) above, subsection (5) of section 250 of that Act shall have effect as if the reference to the Minister causing the inquiry to be held were a reference to the person so appointed or the Secretary of State. (3) Section 322A of the Town and Country Planning Act 1990 (orders as to costs where no hearing or inquiry takes place) applies in relation to a hearing or inquiry under paragraph 2 above in England as it applies in relation to a hearing or local inquiry for the purposes referred to in that section. (3A) Subsections (2) and (3) of section 250 of the Local Government Act 1972 (evidence at local inquiries) apply in relation to a hearing under paragraph 2 in Wales as they apply (by virtue of section 302(1) of this Act) to a local inquiry under this Act. (4) Section 322C of the Town and Country Planning Act 1990 (costs: Wales) applies in relation to a hearing or inquiry under sub-paragraph (2) above in Wales as it applies in relation to a hearing or inquiry mentioned in that section. 3 (1) The Secretary of State may, subject to the provisions of this Part of this Schedule, by regulations make such provision as to the procedure on the making, submission and confirmation of orders to which this Schedule applies as appears to him to be expedient. (2) Provision may be made by regulations of the Secretary of State for enabling proceedings preliminary to the confirmation of a public path extinguishment order , a rail crossing extinguishment order or a special extinguishment order to be taken concurrently with proceedings preliminary to the confirmation of a public path creation order , a public path diversion order , a rail crossing diversion order, a special diversion order or an SSSI diversion order. (3) In this Part of this Schedule— (a) “local authority” means— (i) a billing authority or a precepting authority, as defined in section 69 of the Local Government Finance Act 1992; (ia) a fire and rescue authority in Wales constituted by a scheme under section 2 of the Fire and Rescue Services Act 2004 or a scheme to which section 4 of that Act applies; (ii) a levying body within the meaning of section 74 of the Local Government Finance Act 1988; and (iii) a body as regards which section 75 of that Act applies and includes any drainage authority and any joint board or joint committee if all the constituent authorities are such local authorities as aforesaid; (b) “prescribed” means prescribed by regulations made by the Secretary of State; and for the purposes of this Schedule the Civil Aviation Authority , a person who holds a licence under Chapter I of Part I of the Transport Act 2000 (to the extent that the person is carrying out activities authorised by the licence) and a universal service provider in connection with the provision of a universal postal service are to be deemed to be statutory undertakers and their undertakings statutory undertakings. (3ZA) For the purposes of sub-paragraph (3) above the undertaking of a person who holds a licence under Chapter I of Part I of the Transport Act 2000 shall not be considered to be a statutory undertaking except to the extent that it is the person’s undertaking as licence holder. (3A) For the purposes of sub-paragraph (3) above the undertaking of a universal service provider shall be taken to be his undertaking so far as it relates to the provision of a universal postal service. Part II Validity and Date of Operation of Certain Orders Relating to Footpaths , Bridleways and Restricted Byways 4 (1) As soon as may be after an order to which this Schedule applies has been confirmed or made by the Secretary of State or confirmed as an unopposed order, the authority by whom the order was made or, in the case of an order made by the Secretary of State, the Secretary of State, shall publish, in the manner required in relation to the class of order in question by paragraph 1(3) above, a notice in the prescribed form describing the general effect of the order, stating that it has been confirmed or made, and naming a place where a copy of it as confirmed or made may be inspected free of charge and copies thereof may be obtained at a resonable charge at all reasonable hours, and— (a) serve a like notice on any persons on whom notices were required to be served under paragraph 1(3)(b), (3C) or (4) above; and (b) cause like notices to be displayed in the like manner as the notices caused to be displayed under paragraph 1(3)(c) above; but no such notice or copy need be served on a person unless he has sent to the authority or the Secretary of State (according as the notice or copy would require to be served by an authority or by the Secretary of State) a request in that behalf specifying an address for service. (2) A notice required to be served by sub-paragraph (1)(a) above, on— (a) a person on whom notice was required to be served by paragraph 1(3)(b)(i) or (ii) above; or (b) in the case of an order which has been confirmed or made with modifications, a person on whom notice was required to be served by paragraph 1(3)(b)(iv) above, shall be accompanied by a copy of the order as confirmed or made. (3) As soon as may be after a decision not to confirm an order to which this Schedule applies, the authority by whom the order was made shall give notice of the decision by serving a copy of it on any persons on whom notices were required to be served under paragraph 1(3)(b), (3C) or (4) above. 4A As soon as may be after an order to which this Schedule applies has come into operation otherwise than— (a) on the date on which it was confirmed or made by the Secretary of State or confirmed as an unopposed order; or (b) at the expiration of a specified period beginning with that date, the authority by whom the order was made or, in the case of an order made by the Secretary of State, the Secretary of State shall give notice of its coming into operation by publication in at least one local newspaper circulating in the area in which the land to which the order relates is situated. 5 Schedule 2 of this Act (except paragraph 1 thereof) applies in relation to an order to which this Schedule applies as it applies in relation to a scheme or order to which that Schedule applies, but with the following modifications:— (a) for references to a scheme or order to which that Schedule applies substitute references to an order to which this Schedule applies; (b) for the references in paragraphs 2, 4 and 5 thereof to the date on which the notice required by paragraph 1 thereof is first published substitute references to the date on which the notice required by paragraph 4 above is first published; and (c) paragraph 4 of that Schedule has effect as if the words “or on such later date, if any, as may be specified in the scheme or order” were omitted. 6 In this Part of this Schedule “prescribed” means prescribed by regulations made by the Secretary of State.

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SCHEDULE 7 Maintenance of Certain Highways by District Councils

Sections 42, 50, 230. Part I Regulations Governing Exercise of Powers 1 Before exercising the relevant powers in relation to any highway in respect of which those powers are exercisable, the council of a district shall give notice of their intention to do so to the county council who are the local highway authority, specifying the highway or highways concerned. In this Schedule “the relevant powers” means the powers of a non-metropolitan district council under sections 42, 50(2) and 230(7) of this Act. 2 If the county council are of the opinion that any highway specified in a notice under paragraph 1 above does not fall within the relevant powers, they may, at any time within the period of 6 weeks beginning with the date on which they receive the notice, serve a counter-notice on the district council disputing the right of the district council to exercise in relation to the highway concerned any of the relevant powers; and if the dispute is not resolved by the county council and the district council within 6 weeks after the receipt of the counter-notice by the district council the dispute shall be referred to the Minister for his decision. 3 (1) The relevant powers with respect to a highway specified in a notice under paragraph 1 above become exercisable— (a) where no counter-notice is served in respect of the highway under paragraph 2 above, at the expiry of the period of 6 weeks first specified in that paragraph; and (b) where such a counter-notice is served, when the dispute is resolved in favour of the district council by the councils concerned or, as the case may be, when the Minister’s decision on the dispute in favour of the district council is received by the district council; but if a dispute resulting from the service of a counter-notice under paragraph 2 above is resolved or decided by the Minister against the district council, the relevant powers are not exercisable by the district council in respect of the highway concerned and no further notice under paragraph 1 above may be given by the district council in respect of that highway unless its status is changed or there is such a change in the character of the road as to give reasonable ground for believing that it has become an urban road. (2) In the event that a highway in respect of which the relevant powers have become exercisable in accordance with sub-paragraph (1) above or paragraph 4(2) below becomes a trunk road or classified road, the relevant powers thereupon cease with respect to that highway. 4 (1) Without prejudice to paragraph 3(2) above, the relevant powers cease to be exercisable with respect to any highway— (a) on such day as may be agreed between the district council and the county council who are the local highway authority for the highway; or (b) 6 months after the receipt by that county council of a notice from the district council stating the intention of the district council to cease to exercise those powers; and any such agreement or notice may relate either to such highway or highways as may be specified in the agreement or notice or to all the highways in respect of which the relevant powers are exercisable at the time the agreement is made, or as the case may be, the notice is served. (2) Where the relevant powers have ceased to be exercisable with respect to a highway by virtue of an agreement or notice under sub-paragraph (1) above, those powers shall not, except with the consent of the county council who are the highway authority for that highway, again become exercisable with respect to that highway at any time within the period of 10 years beginning with the day on which the powers cease to be so exercisable; but if, at any time after the expiry of that period or, with the consent of the county council, before the expiry, the district council intend again to exercise those powers with respect to that highway, paragraphs 2 and 3(1) above do not apply and those powers become exercisable at the expiry of the period of 6 weeks beginning with the date on which the county council who are the highway authority receive notice of the district council’s intention under paragraph 1 above. (3) If, by virtue of paragraph 3(2) or sub-paragraph (1) above, the relevant powers cease to be exercisable with respect to any highway, the cessation does not affect the continued existence, on and after the day on which the powers cease to be so exercisable, of any rights or liabilities of the district council in respect of the highway which are in existence immediately before that day. 5 (1) Every district council shall prepare and keep up to date a list of the highways in respect of which the relevant powers are for the time being exercisable by them, and the council shall make the list available for public inspection free of charge at all reasonable hours at the offices of the council. (2) A copy of any list of highways prepared by a district council under sub-paragraph (1) above and of all amendments for the time being made thereto shall be furnished by the district council to the county council who are the highway authority for the highways concerned. (3) Except in so far as the relevant powers with respect to a highway cease to be exercisable by a district council in accordance with paragraph 3(2) or paragraph 4(1) above, an entry in the list kept under this paragraph is conclusive evidence that the highway specified in the entry is one in respect of which the relevant powers are exercisable by the district council. 6 A statement by or on behalf of the Minister that a highway is or is not a classified road is conclusive for the purposes of sections 42 and 230(7) of this Act and of this Schedule. 7 A district council shall indemnify a county council in respect of any claim made against the county council, as highway authority,— (a) in respect of a failure to maintain a highway at a time when the relevant powers were exercisable by the district council with respect to the highway, or (b) arising out of any works of maintenance on a highway carried out by the district council in exercise of those powers. Part II Reimbursement by Highway Authorities of Certain Expenses of District Councils 8 The provisions of this Part of this Schedule apply where a district council are exercising the power under section 42 of this Act in relation to any highways within their district, and references in the following provisions of this Part of this Schedule to a district council and to their maintenance power are to be construed accordingly. 9 On or before 15th December in each year the district council shall submit to the county council for their approval a detailed estimate of the cost for the ensuing financial year of the maintenance of every highway in respect of which their maintenance power is exercisable, and on any such estimate being approved by the county council, either with or without modifications, the amount to be paid by the county council under section 42(3) of this Act is, subject to paragraph 10 below, the amount of that estimate, or of that estimate as amended by any supplementary estimate submitted to and approved by the county council, or such less sum as may have been actually expended by the district council on the highways in question during that financial year. 10 The county council are not liable to make a payment towards the cost of the maintenance of any highway until they are satisfied, by a report of such one of their officers or such other person as they may appoint for the purpose, that the works of maintenance are being or have been properly executed. 11 The district council may at any time, and from time to time, submit to the county council for their approval a detailed supplementary estimate. 12 A county council shall not unreasonably withhold approval of an estimate submitted to them under this Part of this Schedule, and any question whether their approval has been unreasonably withheld, or whether any works of maintenance are being or have been properly executed, or as to the liability of a county council to make a payment under section 42(3) of this Act, shall be determined by the Minister.

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SCHEDULE 8 Consents Required for Execution of Certain Works in Streets

Sections 67, 287. 1 In this Schedule “the authority” means the highway authority or local authority (within the meaning of section 67 or section 287 of this Act) having power to carry out the works to which this Schedule applies. 2 The authority shall not carry out any works to which this Schedule applies in any such situation or position as is described in the first column of the following Table except with the consent of the person described in relation thereto in the second column of that Table. Table In any street which is a highway for which there is a highway authority other than the authority carrying out the works. | The highway authority. In any street belonging to and repairable by any railway, dock, harbour, canal, inland navigation or passenger road transport undertakers and forming the approach to any station, dock, wharf or depot of those undertakers. | The undertakers. On any bridge not vested in the authority carrying out the works or on the approaches to any such bridge. | The authority or other person in whom the bridge is vested. On any bridge carrying a street over any railway, canal or inland navigation, or on the approaches to any such bridge, or under any bridge carrying a railway, canal or inland navigation over a street. | The railway, canal or inland navigation undertakers concerned. In the case of works under section 67 of this Act, in a position obstructing or interfering with any existing access to any land or premises abutting upon a street. | The owner and the occupier of the land or premises. 3 A consent required by this Schedule in respect of any works shall not unreasonably be withheld but may be given subject to any reasonable conditions, including a condition that the authority shall remove the works either at any time or at or after the expiration of a period if reasonably required so to do by the person giving the consent. 4 Where the consent of the Minister is required under this Schedule, any dispute between the Minister whose consent is required and the authority as to whether the Minister’s consent is unreasonably withheld or is given subject to reasonable conditions, or whether the removal of anything to the provision of which the consent relates in accordance with any condition of the consent is reasonably required shall be referred to and determined by an arbitrator to be appointed in default of agreement by the President of the Institution of Civil Engineers.

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SCHEDULE 9 Improvement Lines and Building Lines

Sections 73, 74. 1 Before a line is prescribed by the Minister he shall consult the councils of the county and district, or in Greater London the local authority, in whose area is situated the street or highway in relation to which the line is to be prescribed. 2 Before a line is prescribed by a county council, as highway authority, they shall consult the council of the district in which is situated the street or highway in relation to which the line is to be prescribed. 2A Paragraph 2 above does not apply in relation to a street or highway in Wales. 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 A line which a highway authority propose to prescribe shall be shown on a plan to be signed, if the authority are a council, by the proper officer of the council. 5 The plan shall be deposited at the offices of the authority or, if the Minister is the authority, at such place as he may direct, and may be inspected by any person free of charge at all reasonable hours during a period of one month from the day on which it is so deposited. 6 As soon as the plan has been so deposited the authority shall give notice of the proposal to prescribe the line and of the times and place at which the plan may be inspected, and of the effect of section 73 of this Act or, as the case may require, section 74 of this Act and of paragraph 7 below to every owner, lessee and occupier of land affected. 7 The authority shall consider any objection to the proposed line made within 6 weeks from the date on which the notices aforesaid were given and may then prescribe the line. 8 Not later than 6 weeks after the date on which the authority prescribe the line they shall prepare a plan, duly sealed and authenticated, on which the line shall be shown and shall give notice of the prescribing of the line and of the time and place at which the said plan may be inspected to every owner, lessee and occupier of land affected. 9 If the authority revoke the line, they shall— (a) give notice of the revocation to every owner, lessee or occupier of land affected and tothe Chief Land Registrar; and (b) indicate on the plan prepared in accordance with paragraph 8 above the extent to which the line has been revoked. 10 Where a local highway authority prescribe a line or revoke a line or any part thereof they shall do so by resolution.

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SCHEDULE 10 Procedure for Determination by Highway Authority of Certain Questions Arising in Connection with Provision of Cattle-Grid or By-Pass

Sections 82, 86. 1 (1) Before determining, under section 82 or 86 of this Act, the question— (a) whether it is expedient to place any part of a cattle-grid in, or provide a by-pass on, any such land not forming part of a highway and not belonging to the highway authority therefor as is mentioned in section 82(4), or (b) whether it is expedient to provide a by-pass along any part of a highway, or (c) whether the purpose for which a right to install gates is exercisable will be adequately achieved by the provision of a cattle-grid, a highway authority shall comply with the requirements specified in sub-paragraph (2) below. (2) The requirements referred to in sub-paragraph (1) above are as follows, namely, that the authority shall— (a) publish in 2 successive weeks in one or more local newspapers circulating in the area where the cattle-grid is to be, or has been, provided a notice— (i) stating generally the question for determination, (ii) naming a place within the said area where a copy may be inspected free of charge at all reasonable hours of such plans or other descriptive matter as appear to the highway authority to be requisite for enabling the nature of the question to be understood, and (iii) specifying the time (which shall not be less than 28 days from the date of the first publication of the notice) within which and the manner in which representations may be made to the highway authority, and (b) display a like notice in a prominent position at the place where the cattle-grid is to be or has been provided. 2 If no representation is duly made under paragraph 1 above, or if every representation so made is withdrawn, the highway authority may proceed to determine the question. 3 (1) Where a representation is duly made as aforesaid and not withdrawn, the following provisions have effect. (2) Where the highway authority is not the Minister, the authority shall forward the representation to the Minister, together with their observations thereon and their proposals, in the light of the representations, for determining the question. (3) The Minister shall consider any representations received by him (and, where the highway authority is not the Minister, the authority’s observations and proposals forwarded to him as aforesaid) and shall either cause a local inquiry to be held or afford to any person by whom a representation has been duly made and not withdrawn and, where the highway authority is not the Minister, to that authority, an opportunity of appearing before and being heard by a person appointed by the Minister for the purpose. (4) After the Minister has considered the report of the person who held the inquiry under sub-paragraph (3) above, or the person appointed under that sub-paragraph, as the case may be,— (a) the Minister may, where he is the highway authority, proceed to determine the question; (b) where he is not the highway authority, the authority may determine the question in the affirmative if the Minister consents, but not otherwise, and subject to compliance with any conditions subject to which his consent is given. (5) Notwithstanding anything in sub-paragraph (3) above, except where a representation is made by a highway authority other than the Minister, the Minister may, if satisfied that in the special circumstances of the case the holding of a local inquiry or the affording to the person making such representation as aforesaid of an opportunity to be heard by a person appointed by the Minister is unnecessary, proceed without compliance in this respect with the provisions of the said sub-paragraph (3). (6) As soon as may be after the determination of the question, a notice of the determination shall be sent by the Minister to any person by whom a representation has been made under the foregoing provisions of this Schedule. 4 For the purpose of displaying a notice as required by paragraph 1 above, a highway authority may, on the highway or on adjoining land (whether or not belonging to the authority), erect and maintain posts or boards or affix a notice to any building or structure; but the powers conferred by this paragraph shall not be exercised on land off the highway which is occupied, except with the consent of the occupier. 5 In relation to the exercise by a council of functions of the Minister as highway authority delegated to the council under section 89 of this Act, the foregoing provisions of this Schedule apply as if the council, and not the Minister, were the highway authority.

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SCHEDULE 11 Provisions as to Orders under Section 93 of this Act

Section 93. Limitations on matters to be dealt with by orders 1 The Minister shall not by an order under section 93 of this Act (hereafter in this Schedule referred to as “an order”) direct that a swing bridge crossing a canal is to be operated otherwise than by the owners of the canal unless he is satisfied, after considering any representations made to him by the owners of the canal, that the facilities for traffic on the canal will not be prejudiced thereby. 2 The Minister shall not by an order with respect to a swing bridge modify any statutory provisions relating to precedence of traffic. 3 The Minister shall not by an order with respect to a bridge crossing a railway or a canal modify any statutory provisions relating to the headway of the bridge or the width of the canal without the consent of the owners of the railway or canal. 4 An order made with respect to— (a) a bridge owned by railway undertakers which carries a highway over a railway of the the undertakers, or carries both a highway and such a railway, or (b) a bridge owned by dock undertakers or harbour undertakers, or (c) a bridge, other than one falling within sub-paragraph (a) above, owned by Canal & River Trust and forming part of so much of the undertaking of Canal & River Trust as corresponds to the undertaking of the Weaver Navigation Trustees prior to the vesting of that undertaking in the British Transport Commission ... under the Transport Act 1947, shall not, without the consent of the owners of the bridge, either— (i) require works for the reconstruction or improvement of the bridge to be carried out otherwise than by the owners, or (ii) direct the bridge to be maintained otherwise than by the owners, or (iii) transfer the property in the bridge to a highway authority, or (iv) in the case of a swing bridge, direct the bridge to be operated otherwise than by the owners. 5 Nothing in an order made with respect to— (a) a bridge owned by railway undertakers and crossing a railway of the undertakers, or (b) a bridge owned by canal undertakers and crossing a canal of the undertakers, or (c) a bridge owned by dock undertakers, or by harbour undertakers, crossing a railway, lock, passage or other work of the undertakers, shall, without the consent of the owners of the bridge, require the bridge to be altered or reconstructed in such a manner as to necessitate an alteration in the level, or reduction in the width, of the railway, canal, lock, passage or work, or to reduce the headway of the bridge as existing at the date of the order. 6 An order requiring the reconstruction of a bridge crossing a canal, or of the approaches to such a bridge, shall, unless the owners of the bridge agree to the contrary, direct the bridge, the highway carried by the bridge, and the approaches to the bridge to be maintained by a highway authority. Procedure for making orders 7 (1) An order to which this paragraph applies shall be prepared in draft and made by the Minister in accordance with this paragraph and paragraphs 8 to 10 below. (2) The order shall describe by reference to a map the land on which the works to which the order relates are proposed to be executed or constructed. (3) Subject as aforesaid, the form of the order shall be such as the Minister may determine. (4) This paragraph applies to an order which requires or authorises the owners of a bridge or a highway authority to execute or construct any works. 8 Before making an order to which paragraph 7 above applies the Minister shall in 2 successive weeks publish in one or more local newspapers circulating in the area in which the proposed works are to be executed or constructed a notice— (a) stating the general effect of the proposed order, (b) naming a place in the said area where a copy of the draft order, the map referred to in it, and plans and sections of the proposed works, may be inspected free of charge at all reasonable hours, and (c) specifying the time (which shall not be less than 21 days from the date of the first publication of the notice) within which and the manner in which objections to the draft order may be made, and shall serve on all statutory undertakers appearing to him to be affected by the proposed works a notice stating the general effect of the order and that it is proposed to be made, and specifying the time (which shall not be less than 21 days from the date of service of the notice) within which and the manner in which objections to the draft order may be made. 9 (1) If no objection is duly made by any person who will be affected by the proposed works, or if all objections so made are withdrawn, the Minister, on being satisfied that the proper notices have been published and served, may, if he thinks fit, make the order with or without modifications. (2) If an objection duly made as aforesaid is not withdrawn, the Minister shall, before making the order, either cause a local inquiry to be held or afford to any person by whom any objection has been duly made as aforesaid and not withdrawn an opportunity of appearing before and being heard by a person appointed by the Minister for the purpose and, after considering the objection and the report of the person who held the inquiry or the person appointed as aforesaid, may make the order either with or without modifications. (3) If any person by whom an objection has been made avails himself of the opportunity of being heard, the Minister shall afford to the ... highway authority, or to the owners of a bridge, by whom the proposed works are to be executed or constructed, and to any other person to whom it appears to him expedient to afford it, an opportunity of being heard on the same occasion. (4) Notwithstanding anything in sub-paragraphs (2) and (3) above, the Minister may require any person who has made an objection to state in writing the grounds of it. 10 As soon as may be after the order has been made the Minister shall publish in one or more local newspapers circulating in the area in which the proposed works are to be executed or constructed a notice describing the proposed works, stating that the order has been made and naming the place where a copy of the order and of the map referred to therein, and a copy of plans and sections of the proposed works, may be inspected free of charge at all reasonable hours, and shall serve a like notice and a copy of the order on any statutory undertakers on whom a notice was required to be served under paragraph 8 above. 11 Subject to paragraphs 7 to 10 above, the Minister of Transport may make regulations for prescribing the procedure to be followed in connection with the making of orders. Power to postpone commencement of orders 12 The Minister may postpone the date of the coming into operation of an order in a case where it appears to him that, owing to the number or nature of the orders and applications affecting the same highway authority or affecting bridges belonging to the same owners, the making of an order which would be immediately operative would work hardship to that authority or to those owners. Provisions as to public utility undertakers 13 (1) Before making an order for the reconstruction or improvement of a bridge, the Minister shall take into consideration the desirability of the provision of special facilities or accommodation for carrying across the bridge the mains, sewers, pipes, cables or wires of public utility undertakers; but in a case where the provision of facilities or accommodation greater than those available in the bridge before reconstruction or improvement would increase the cost of the reconstruction or improvement, he shall have regard to the amount of any contribution towards the cost of the reconstruction or improvement which any public utility undertakers may be willing to make. (2) In this paragraph, and in paragraph 14 below, “public utility undertakers” includes persons authorised by any enactment to carry on an undertaking for the operation of a light railway, a tramway, or trolley vehicles (that is to say, mechanically propelled vehicles adapted for use upon highways without rails and moved by power transmitted thereto from some external source). 14 (1) Where an order provides for the transfer to a highway authority— (a) of the property in a bridge, or in the highway carried by a bridge, or in the approaches to a bridge, or (b) of the responsibility for the maintenance of a bridge, or of any such highway or approaches, or (c) of rights or obligations attaching to a bridge or to any such highway or approaches, any statutory provisions in force in relation thereto for the protection or benefit of any public utility undertakers shall, except so far as may be otherwise expressly provided by the order for giving effect to an agreement made between the parties concerned, remain in force notwithstanding the transfer. (2) In relation to property, responsibilities, rights or obligations transferred by an order which provides as aforesaid, any such statutory provisions shall apply to the highway authority, and to the exercise by them of any powers under the order, in like manner as they applied, before the transfer, to the owners of the bridge, highway or approaches, and to the exercise of powers by the owners thereof. Apportionment of expenses 15 (1) Subject to sub-paragraph (2) below, where an order has been made with respect to a bridge ...— (a) requiring the reconstruction or improvement of the bridge, or of the highway carried by the bridge, or of the approaches to the bridge, or (b) relating to the maintenance of the bridge, or of any such highway or approaches, or (c) relating to the operation of the bridge, being a swing bridge, the expense of such reconstruction, improvement, maintenance or operation shall be defrayed either by the owners of the bridge or by one or more of the highway authorities entitled to make application with respect thereto by virtue of section 95 of this Act, or partly by the owners of the bridge and partly by one or more of those highway authorities, as, in default of agreement, may be determined by arbitration. (2) Sub-paragraph (1) above is subject to the following, namely that, unless otherwise agreed,— (a) where the bridge is a bridge crossing a railway of railway undertakers, or a canal of canal undertakers, or a railway, lock, passage or other work of dock undertakers or of harbour undertakers, any additional expense incurred by the owners of that railway, canal, lock, passage or work by reason of any alteration thereof due to the provisions of the order (other than provisions applied for by the undertakers for the improvement of their undertaking) shall be defrayed by one or more of the highway authorities; (b) where the bridge is a swing bridge, any additional expense incurred by the owners in relation to the operation of the bridge due to the provisions of the order (other than provisions applied for by the owners for the improvement of their undertaking) shall be defrayed by one or more of the highway authorities; and (c) except so far as any additional expense is due to works executed at the instance of the owners of the bridge for the improvement of their undertaking, the owners’ share of the expense of the reconstruction, improvement, maintenance or operation shall be an amount equivalent to what would have been the amount of the owners’ liability if no such order had been made. 16 Where the reconstruction or improvement of a bridge crossing— (a) a railway of railway undertakers, or (b) a canal of canal undertakers, or (c) a railway, lock, passage or other work of dock undertakers or of harbour undertakers, effected in pursuance of an order made otherwise than upon the application of the owners of the bridge, has caused the width between the parapets of the bridge, or the width of the approaches to it, to be increased, any additional expense thereafter incurred in consequence of the increase by the owners of that railway, canal, lock, passage or work in connection with the widening or alteration thereof under the bridge or the approaches to it shall be defrayed by one or more of the highway authorities referred to in paragraph 15 above, and any question whether any such additional expense has been so incurred or as to the amount thereof shall, in default of agreement, be determined by arbitration. 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18 Where it is determined by agreement or an award that the whole or part of the expenses of reconstruction, improvement, maintenance or operation is to be borne by two or more highway authorities, the expenses or part thereof shall be apportioned between them in such manner as, in default of agreement, may be determined by arbitration. 19 Where it is determined by agreement or an award that the owners of a bridge are to contribute to the expense of a highway authority, the contribution shall, at the option of the owners of the bridge, be paid— (a) as a lump sum, or (b) by annual payments of such amount, and continuing for such number of years, as may be agreed between the owners and the authority or, in default of agreement, as may be determined by arbitration, or (c) by perpetual annual payments of such amount as may be so agreed or determined. Arbitration 20 Where a question is by any provision of this Schedule, or of an order, to be determined by arbitration, the arbitrator shall be a single arbitrator appointed, in default of agreement between the parties concerned, by the President of the Institution of Civil Engineers.

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SCHEDULE 12 Provisions as to Orders Under Section 116 and Conveyances Under Section 256

Sections 116, 256. Part I Notices to be Given by Applicant for Order Under Section 116 1 At least 28 days before the day on which an application for an order under section 116 of this Act is made in relation to a highway the applicant authority shall give notice of their intention to apply for the order, specifying the time and place at which the application is to be made and the terms of the order applied for (embodying a plan showing what will be the effect thereof)— (a) to the owners and occupiers of all lands adjoining the highway; (b) to any statutory undertakers having apparatus under, in, upon, over, along or across the highway; (c) if the highway is a classified road, to the Minister; (d) if the highway is a classified road in a non-metropolitan district, to the district council if the highway is a classified road in a Welsh county or county borough and the council of that county or county borough is not the highway authority, to the council of that county or county borough, and if the highway is a classified road in, or partly in, a parish or community which has a separate parish council or community council, to the parish or community council, as the case may require or, in the case of a parish which does not have a separate parish council, to the chairman of the parish meeting. 2 Not later than 28 days before the day on which the application is made the applicant authority shall cause a copy of the said notice to be displayed in a prominent position at the ends of the highway. 3 At least 28 days before the day on which the application is made the applicant authority shall publish in the London Gazette and in at least one local newspaper circulating in the area in which the highway is situated a notice containing the particulars specified in paragraph 1 above, except that there may be substituted for the plan a statement of a place in the said area where the plan may be inspected free of charge at all reasonable hours. Part II Apparatus of Statutory Undertakers 4 Where this Part of this Schedule applies in relation to a highway, the statutory undertakers whose apparatus is under, in, upon, over, along or across the highway have the same powers and rights in respect of that apparatus, subject to the provisions of this Schedule, as if the order authorising the highway to be stopped up or diverted had not been made or, as the case may be, as if the conveyance of land pursuant to section 256 of this Act had not been made. 5 Where a highway is stopped up or diverted in pursuance of an order under section 116 or land is conveyed pursuant to section 256, the statutory undertakers whose apparatus is under, in, upon, over, along or across the highway may, and, if reasonably requested so to do by the authority on whose application the order was made, or who conveyed the land, as the case may be, shall— (a) remove the apparatus and place it or other apparatus provided in substitution for it in such other position as they may reasonably determine and have power to place it; or (b) provide other apparatus in substitution for the existing apparatus and place it in such position as aforesaid. Any works executed under this paragraph (including the provision of apparatus thereunder) are hereafter in this Part of this Schedule referred to as “undertakers’ works”. 6 Subject to the following provisions of this Part of this Schedule, the authority on whose application an order under section 116 stopping up or diverting a highway was made or, as the case may be, the authority who conveyed the land pursuant to section 256, shall pay to any statutory undertakers an amount equal to the cost reasonably incurred by them in or in connection with— (a) the execution of undertakers’ works required in consequence of the stopping up or diversion of that highway or, as the case may be, the conveyance of the land, and (b) the doing of any other work or thing rendered necessary by the execution of undertakers’ works. 7 If in the course of the execution of undertakers’ works under paragraph 5 above— (a) apparatus of better type, of greater dimensions or of greater capacity is placed in substitution for existing apparatus of worse type, of smaller dimensions or of smaller capacity, or (b) apparatus (whether existing apparatus or apparatus substituted for existing apparatus) is placed at a depth greater than the depth at which the existing apparatus was, and the placing of apparatus of that type, dimensions or capacity or the placing of apparatus at that depth, as the case may be, is not agreed by the authority concerned, or, in default of agreement, is not determined by arbitration to be necessary, then, if it involves cost in the execution of the undertakers’ works exceeding that which would have been involved if the apparatus placed had been of the existing type, dimensions or capacity, or at the existing depth, as the case may be, the amount which apart from this paragraph would be payable to the undertakers by virtue of paragraph 6 above shall be reduced by the amount of that excess. 8 For the purposes of paragraph 7 above— (a) an extention of apparatus to a length greater than the length of existing apparatus shall not be treated as a placing of apparatus of greater dimensions than those of the existing apparatus; (b) where the provision of a joint in a cable is agreed, or is determined to be necessary, the consequential provision of a jointing chamber or of a manhole shall be treated as if it also had been agreed or had been so determined. 9 An amount which apart from this paragraph would be payable to undertakers in respect of works of their by virtue of paragraph 6 above (and having regard, where relevant, to paragraph 7 above) shall, if the works include the placing of apparatus provided in substitution for apparatus placed more than 7½ years earlier so as to confer on the undertakers any financial benefit by deferment of the time for renewal of the apparatus in the ordinary course, be reduced by the amount which represents that benefit. 10 Any question arising under this Part of this Schedule shall, in default of agreement between the parties concerned, be determined by arbitration. Part III Interpretation 11 In this Schedule “statutory undertakers” includes operators of driver information systems.

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Schedule 12ZA Delegation of function of making determination

Interpretation 1 In this Schedule— “appointed person” means a person appointed under section 121(5B) of this Act; “appropriate Minister” has the same meaning as in section 121(5) of this Act; “appointment”, in the case of any appointed person, means appointment under section 121(5B) of this Act. Appointments 2 An appointment under section 121(5B) of this Act must be in writing and— (a) may relate to a particular question specified in the appointment or to questions of a description so specified, (b) may provide for any function to which it relates to be exercisable by the appointed person either unconditionally or subject to the fulfilment of such conditions as may be specified in the appointment, and (c) may, by notice in writing given to the appointed person, be revoked at any time by the appropriate Minister in respect of any question which has not been determined by the appointed person before that time. Powers of appointed person 3 Subject to the provisions of this Schedule, an appointed person shall, in relation to the determination of any question to which his appointment relates, have the same powers and duties as the appropriate Minister, other than— (a) any function of holding an inquiry or other hearing or of causing an inquiry or other hearing to be held; or (b) any function of appointing a person for the purpose— (i) of enabling persons to appear before and be heard by the person so appointed; or (ii) of referring any question or matter to that person. Holding of inquiries and other hearings by appointed persons 4 (1) If either of the following persons— (a) the statutory undertakers to which the question relates, and (b) in the case of an order to be made on an application under section 118ZA, 118C, 119ZA or 119C of this Act, the person who made the application, express a wish to appear before and be heard by the appointed person, the appointed person shall give them an opportunity of appearing and being heard. (2) Whether or not sub-paragraph (1) above applies, the appointed person— (a) may hold an inquiry or other hearing in connection with the determination of the question, and (b) shall, if the appropriate Minister so directs, hold an inquiry in connection with that determination. (3) Where an appointed person holds an inquiry or other hearing by virtue of this Schedule, an assessor may be appointed by the appropriate Minister to sit with the appointed person at the inquiry or hearing and advise him on any matters arising, notwithstanding that the appointed person is to determine the question. (4) Subject to paragraph 7 below, the costs of an inquiry or other hearing held under this Schedule shall be defrayed by the appropriate Minister. Revocation of appointments and making of new appointments 5 (1) Where under paragraph 2(c) above the appointment of the appointed person is revoked in respect of any question, the appropriate Minister shall, unless he proposes to determine the question himself, appoint another person under section 121(5B) of this Act to determine the question instead. (2) Where such a new appointment is made, the consideration of the question, or any hearing in connection with it, shall be begun afresh. (3) Nothing in sub-paragraph (2) above shall require any person to be given an opportunity of making fresh representations or modifying or withdrawing any representations already made. Certain acts and omissions of appointed person to be treated as those of appropriate Minister 6 (1) Anything done or omitted to be done by an appointed person in, or in connection with, the exercise or purported exercise of any function to which the appointment relates shall be treated for all purposes as done or omitted to be done by the appropriate Minister. (2) Sub-paragraph (1) above does not apply— (a) for the purposes of so much of any contract made between the appropriate Minister and the appointed person as relates to the exercise of the function, or (b) for the purposes of any criminal proceedings brought in respect of anything done or omitted to be done as mentioned in that sub-paragraph. Local inquiries and hearings: evidence and costs 7 Subsections (2) to (5) of section 250 of the Local Government Act 1972 (local inquiries: evidence and costs) shall apply to local inquiries or other hearings held under this Schedule by an appointed person as they apply to inquiries caused to be held under that section by a Minister, but as if— (a) in subsection (2) (evidence) the reference to the person appointed to hold the inquiry were a reference to the appointed person, (b) in subsection (4) (recovery of costs of holding inquiry) references to the Minister causing the inquiry to be held were references to the appropriate Minister, and (c) in subsection (5) (orders as to the costs of the parties) the reference to the Minister causing the inquiry to be held were a reference to the appointed person or the appropriate Minister.

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SCHEDULE 12A Further Powers of Highway Authorities and Councils in Relation to Interference with Highways

Interpretation 1 (1) For the purposes of this Schedule the “minimum width” and “maximum width” of a highway shall be determined in accordance with sub-paragraphs (2) and (3) below. (2) In any case where the width of the highway is proved, that width is both the “minimum width” and the “maximum width”. (3) In any other case— (a) the “minimum width” is— (i) as respects a footpath which is not a field-edge path, 1 metre, (ii) as respects a footpath which is a field-edge path, 1.5 metres, (iii) as respects a bridleway which is not a field-edge path, 2 metres, or (iv) as respects any other highway, 3 metres; and (b) the “maximum width” is— (i) as respects a footpath, 1.8 metres, (ii) as respects a bridleway, 3 metres, or (iii) as respects any other highway, 5 metres. Competent authorities 2 For the purposes of this Schedule each of the following shall be a competent authority in relation to a highway— (a) the highway authority; and (b) in the case of a highway maintained by a district council under section 42 or 50 of this Act, that council. Power to carry out works 3 (1) Where the surface of— (a) a footpath, (b) a bridleway, or (c) any other highway which consists of or comprises a carriageway other than a made-up carriageway, has been so disturbed as to render it inconvenient for the exercise of the public right of way, a competent authority may make good the surface to an extent not less than the minimum width nor greater than the maximum width. (2) Where the surface of a footpath or bridleway was disturbed under the right conferred by section 134(1) of this Act, the power conferred by sub-paragraph (1) above shall not become exercisable until the expiration of the period which is the relevant period for the purposes of section 134 or an extension of that period granted under subsection (8) of that section. (3) Where the surface of a footpath , bridleway or restricted byway was disturbed under an order made by virtue of section 135 of this Act, the power conferred by sub-paragraph (1) above shall not become exercisable until the expiration of the period which is the authorisation period for the purposes of section 135. 4 (1) Where the occupier of any land fails to carry on the duty imposed on him by section 134(3)(b) or 137A(1) of this Act in relation to a highway, a competent authority may carry out such works as may be necessary or expedient for the purpose of rectifying the default. (2) Sub-paragraph (1) above does not authorise the carrying out of works to an extent greater than the maximum width of the highway. (3) Where the surface of a footpath or bridleway was disturbed under the right conferred by section 134(1) of this Act, the power conferred by sub-paragraph (1) above shall not become exercisable until the expiration of the period which is the relevant period for the purposes of section 134, or an extension of that period granted under subsection (8) of that section. 5 If the applicant fails to comply with a condition imposed under section 135(3)(b) or (4)(a) or (b) of this Act, a competent authority may carry out such works as may be necessary or expedient for the purpose of rectifying the default. 6 Paragraphs 7 to 9 below have effect in relation to the carrying out by a competent authority of work under paragraphs 3 to 5 above in relation to a highway which passes over any land (“the relevant land”). Entry on land 7 Subject to paragraph 8 below, any person duly authorised in writing by the authority may enter on the relevant land, or any other land the authority reasonably believe to be in the same occupation, for any purpose connected with the carrying out of the work; and may take with him on to the land such vehicles, machinery and other equipment as may be requisite. 8 (1) Except in the case of entry, solely for the purpose of obtaining information, on land other than a building or structure, before entering on any land the authority shall give the occupier not less than twenty-four hours’ notice of their intention to do so; and the notice shall— (a) identify the highway to which it relates; and (b) specify the work to be carried out and the equipment to be used for that purpose; and (c) identify the line or lines of passage over the land in question, if any, that may need to be used for access to the site of the work; and (d) state the date and time when the power to enter on the land becomes exercisable. (2) Without prejudice to section 322 (service of notices etc.) of this Act, if after reasonable enquiry the authority are satisfied that it is not practicable to ascertain the name and address of the occupier, a notice under this paragraph may be given by addressing it to him as ’’The Occupier’’ of the land (describing it) and affixing copies of the notice to some conspicuous object— (a) at each end of so much of the highway as is referred to in the notice; and (b) at such other points in the vicinity of that highway as the authority may consider suitable; and (c) if appropriate, at a point adjacent to a highway comprising a made-up carriageway from which access is required for equipment. (3) A notice shall not be given under this paragraph before the power referred to in paragraph 3, 4 or 5 above has become exercisable. Financial 9 (1) Subject to sub-paragraph (2) below, a competent authority may recover the amount of any expenses reasonably incurred by the authority in, or in connection with, the carrying out of the work— (a) in a case falling within paragraph 3(1) above, from the occupier of the relevant land or the person who disturbed the surface of the highway; and (b) in any other case, from the occupier of the relevant land. (2) A person— (a) is not liable under paragraph (a) of sub-paragraph (1) above if he shows that he had any lawful authority or excuse for disturbing the surface of the highway; and (b) is not liable under that paragraph as an occupier of land if he shows that the surface of the highway was not disturbed by him or with his consent.

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SCHEDULE 13 Deductions from Rents

Sections 152, 153, 212, 237, 305. 1 An occupier of premises by whom any sum in relation to which this Schedule applies is paid under this Act shall be entitled to deduct from the rent payable by him in respect of the premises— (a) if he holds the premises at a rent not less than the rack rent, an amount equal to three-quarters of the said sum, or (b) if he holds the premises at a rent less than the rack rent, such proportion of an amount equal to three-quarters of the said sum as the rent at which he holds the premises bears to the rack rent. 2 Where a deduction from rent payable to a landlord is made under this Schedule, and the landlord himself holds the premises under a lease for a term of which less than 20 years is unexpired, the landlord is entitled to deduct from any rent payable by him under the lease such proportion of the amount deducted from the rent payable to him as the rent so payable by him bears to the rent payable to him, and so on in succession with respect to every landlord holding the premises for a term of which less than 20 years remains unexpired and who is both receiving and liable to pay rent in respect thereof. 3 Nothing in paragraph 2 above entitles a person to deduct from the rent payable by him more than the whole amount deducted from the rent payable to him.

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SCHEDULE 14 Provisions with Respect to Notices Under Section 184

Section 184. 1 A person on whom a notice under section 184(1) or (3) of this Act is served may within 28 days from the date of his being served therewith object to the notice on any of the following grounds which are appropriate in the circumstances of the particular case:— (a) that the notice is not justified by the terms of section 184(1) or (3); (b) that there has been some defect or error in, or in connection with, the notice; (c) that the proposed works are unreasonable in character or extent, or are unnecessary; (d) that the conditions imposed by the notice are unreasonable; (e) that some other person having an interest in the premises also habitually takes or permits to be taken a mechanically propelled vehicle across the footway or verge and should be required to defray part of the expenses of executing the proposed works; (f) that the authority are not entitled to serve the notice by reason of section 184(2); (g) that a person carrying out or proposing to carry out such a development as is referred to in section 184(3) offers to execute the works himself. 2 An objection under paragraph 1 above shall be made by notice to the highway authority, and the notice shall state the grounds of objection. 3 Where objection is made to a notice given by a local highway authority under section 184(1) or (3), that authority shall send a copy of the notice and of the notice of objection to the Minister. 4 If objection is made to such a notice and the objection is not withdrawn the notice does not become effective until it has been confirmed by the Minister, and the Minister after considering the objection may confirm the notice without modification or subject to such modifications as he thinks fit. 5 Subject to paragraph 4 above, such a notice becomes effective at the expiration of the period during which the person served therewith may object to it.

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SCHEDULE 15 Application of Advance Payments Code

Section 204. 1 Where the advance payments code does not apply in a parish or community or any part of a parish or community, the council of the county or metropolitan district in which the parish or community is situated may, subject to the provisions of this Schedule, by resolution adopt that code for the parish or community or, as the case may be, for that part at a meeting of which not less than one month’s notice has been duly given to all the members of the council specifying the intention to propose the resolution. 2 The resolution shall come into operation at such time, not being less than one month from the date of the first publication of an advertisement under paragraph 3(a) below, as the council may by the resolution fix, and upon its coming into operation the advance payments code shall apply in the parish or community, or part of the parish or community specified in the resolution. 3 When it has been passed, the resolution shall be published— (a) by advertisement in at least one local newspaper circulating in the parish or community concerned or, as the case may be, the part of the parish or community concerned, and (b) by notice thereof fixed to the principal doors of every church and chapel in the parish or community concerned or, as the case may be, the part of the parish or community concerned, in the place to which notices are usually fixed, and (c) otherwise in such manner as the council think sufficient for giving notice thereof to all persons interested, and a copy of the resolution shall be sent to the Minister. 4 A copy of the advertisement of the resolution published under paragraph 3(a) above is sufficient evidence of the passing of the resolution unless the contrary is shown, and, on the expiration of 3 months from the date of the first publication of that advertisement, an objection to the resolution on the ground— (a) that notice to propose it was not duly given, or (b) that the resolution was not sufficiently published, is of no effect. 5 For the purposes of this Schedule a notice is to be deemed to have been duly given to a member of a council if— (a) it is given in the mode in which notices to attend meetings of the council are usually given, or (b) where there is no such mode, it is signed by the proper officer of the council and delivered to the member or left at his usual or last known place of abode in England or Wales, or sent by post in a prepaid registered letter, or letter sent by the recorded delivery service, addressed to the member at his usual or last-known place of abode in England or Wales.

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SCHEDULE 16

Section 205, 210. Particulars to be Stated in Specifications, Notices, Etc., Under the Private Street Works Code 1 The specification shall describe generally the works and things to be done, and, in the case of structural works, shall specify so far as may be practicable the foundation, form, material and dimensions thereof. 2 The plans and sections shall show the constructional character of the works, the connections (if any) with existing streets, sewers or other works, and the lines and levels of the works, subject to such limits of deviation (if any) as may be indicated on the plans and sections respectively. 3 The estimate shall show the particulars of the probable cost of the whole works, including any additional charge in respect of surveys, superintendence and notices. 4 The provisional apportionment shall state the amounts charged on the respective premises and the names of the respective owners, or reputed owners, and shall also state whether the apportionment is made according to the frontage of the respective premises or not, and the measurements of the frontages, and the other considerations (if any) on which the apportionment is based. 5 The notice under section 205 of this Act shall contain the following particulars:— (a) a statement that the street works authority have resolved to execute street works in the private street in question; (b) the address of the offices of the authority at which a copy of the resolution of approval, and the approved documents or copies of them certified by the proper officer, may be inspected, and the times at which, and the period during which, they may be inspected; and (c) a statement that an owner of premises liable to be charged with any part of the expenses of executing the street works may object to the proposal to execute the works, giving the period during which such objection may be made. 6 The notice under section 210 of this Act shall contain the following particulars:— (a) a statement that the street works authority propose to amend the estimate so as to increase the amount of it, specifying the former amount and the amount to which it is to be increased; (b) the address of the offices of the authority at which a document certified by the proper officer giving details of the proposed amendment and of the proposed consequential amendment of the provisional apportionment may be inspected, and the times at which, and the period during which, it may be inspected; and (c) a statement that an owner of premises liable to be charged with any part of the expenses of executing the street works may object to the proposed amendments, giving the period during which such objection may be made.

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