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

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No one has proposed a change to this act yet.

449 provisions

SCHEDULE 17 Purposes for which Additional Land May be Taken in Advance of Requirements

Provision authorising acquisition | Initial stage | Subsequent stage Section 239(1) | The construction of a highway. | The improvement of that highway. Section 239(2)(a) | The carrying out of works authorised by an order relating to a trunk road under section 14 of this Act. | The improvement or alteration of a highway or proposed highway to which the order relates. Section 239(2)(b) | The provision of a maintenance compound for a trunk road. | The extension of the maintenance compound. Section 239(3) | The improvement of a highway. | The further improvement of that highway. Section 239(4)(a) | The improvement of a highway included in the route of a special road. | The further improvement of the highway. Section 239(4)(b) | The purposes of an order made in relation to a special road under section 18 of this Act. | The improvement or alteration of a highway or proposed highway to which the order relates. Section 239(4)(c) | The provision of a service area or maintenance compound for a special road. | The extension of the service area or maintenance compound. Section 240(1) | The carrying out of works authorised by an order relating to a classified road under section 14 of this Act. | The improvement or alteration of a highway or proposed highway to which the order relates. Section 240(3) | The provision of a trunk road picnic area. | The extension of the trunk road picnic area. Section 240(5) | The provision of a lorry area. | The extension of the lorry area.

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SCHEDULE 18 Distance Limits from Highway Applicable to Compulsory Acquisition

Section 249. Part I Table of limits Acquisition provision | Distance limit 1. | Section 239(1) or 239(3) | 220 yards from the middle of the highway or proposed highway. 2. | Section 239(2)(a) or 239(4)(a) or (b) | 220 yards from the middle of the trunk road or of the special road, as the case may be, or, where the land is required for the improvement, alteration or construction of any other highway, from the middle of that other highway or proposed highway. 3. | Section 239(2)(b) or 239(4)(c) | 880 yards from the middle of the trunk road or special road, as the case may be. 4. | Section 240(1) so far as it relates to works authorised by an order relating to a classified road under section 14 of this Act. | 220 yards from the middle of the classified road to which the order relates or, where the land is required for the improvement, alteration or construction of any other highway, from the middle of that other highway or proposed highway. 5. | Section 240(1) so far as it relates to works authorised by section 129 of this Act. | 880 yards from the middle of the highway or proposed highway from which new means of access to premises are to be provided. 6. | Section 240(3)(a) | 880 yards from the middle of the trunk road in connection with which a trunk road picnic area is to be provided. 7. | Section 240(3)(b) or 240(4) | 220 yards from the middle of the highway or proposed highway on land adjoining, or in the vicinity of which, public sanitary conveniences are to be provided. 8. | Section 240(5) | 880 yards from the middle of the highway or proposed highway on land adjoining, or in the vicinity of which, a lorry area is to be provided. Part II Further provision with respect to the limits under Part I 1 In the entries numbered 2 and 4 in Part I of this Schedule the distance limit specified in column 2 shall, in relation to land required for the provision of new means of access to premises from a highway or proposed highway, have effect with the substitution for the distance there mentioned of a distance of 880 yards from the middle of that highway or proposed highway. 2 Where the boundaries of any highway will be altered in consequence of any improvement proposed to be made under this Act in relation to the highway, then, for the purposes of Part I of this Schedule the middle of that highway shall be the middle of it as proposed to be improved.

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SCHEDULE 19 Compulsory Acquisition of Rights: Modification of 1946 and 1965 Acts

Section 250. Part I 1—4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Part II Adaptation of 1965 Act, Part I 5 In relation to a compulsory acquisition of a right by virtue of section 250 of this Act, the Act of 1965 applies with the modifications made by paragraphs 6 to 11 below. 6 For section 7 of the Act (measure of compensation) substitute the following:— 7 In assessing the compensation to be paid by the acquiring authority under this Act regard shall be had not only to the extent (if any) to which the value of the land over which the right is to be acquired is depreciated by the acquisition of the right but also to the damage (if any) to be sustained by the owner of the land by reason of its severance from other land of his, or injuriously affecting that other land by the exercise of the powers conferred by this or the special Act. . 7 Section 8(1) of the Compulsory Purchase Act 1965 has effect as if references to acquiring land were to acquiring a right in the land, and Schedule 2A to that Act is to be read as if, for that Schedule, there were substituted— SCHEDULE 2A Counter-notice requiring purchase of land Introduction 1 (1) This Schedule applies where an acquiring authority serve a notice to treat in respect of a right over the whole or part of a house, building or factory. (2) But see section 2A of the Acquisition of Land Act 1981 (under which a compulsory purchase order can exclude from this Schedule land that is 9 metres or more below the surface). 2 In this Schedule “house” includes any park or garden belonging to a house. Counter-notice requiring purchase of land 3 A person who is able to sell the house, building or factory (“the owner”) may serve a counter-notice requiring the authority to purchase the owner's interest in the house, building or factory. 4 A counter-notice under paragraph 3 must be served within the period of 28 days beginning with the day on which the notice to treat was served. Response to counter-notice 5 On receiving a counter-notice the acquiring authority must decide whether to— (a) withdraw the notice to treat, (b) accept the counter-notice, or (c) refer the counter-notice to the Upper Tribunal. 6 The authority must serve notice of their decision on the owner within the period of 3 months beginning with the day on which the counter-notice is served (“the decision period”). 7 If the authority decide to refer the counter-notice to the Upper Tribunal they must do so within the decision period. 8 If the authority do not serve notice of a decision within the decision period they are to be treated as if they had served notice of a decision to withdraw the notice to treat at the end of that period. 9 If the authority serve notice of a decision to accept the counter-notice, the compulsory purchase order and the notice to treat are to have effect as if they included the owner's interest in the house, building or factory. Determination by Upper Tribunal 10 On a referral under paragraph 7 the Upper Tribunal must determine whether the acquisition of the right would— (a) in the case of a house, building or factory, cause material detriment to the house, building or factory, or (b) in the case of a park or garden, seriously affect the amenity or convenience of the house to which the park or garden belongs. 11 In making its determination, the Upper Tribunal must take into account— (a) the effect of the acquisition of the right, (b) the proposed use of the right, and (c) if the right is proposed to be acquired for works or other purposes extending to other land, the effect of the whole of the works and the use of the other land. 12 If the Upper Tribunal determines that the acquisition of the right would have either of the consequences described in paragraph 10 it must determine how much of the house, building or factory the authority ought to be required to take. 13 If the Upper Tribunal determines that the authority ought to be required to take some or all of the house, building or factory the compulsory purchase order and the notice to treat are to have effect as if they included the owner's interest in that land. 14 (1) If the Upper Tribunal determines that the authority ought to be required to take some or all of the house, building or factory, the authority may at any time within the period of 6 weeks beginning with the day on which the Upper Tribunal makes its determination withdraw the notice to treat in relation to that land. (2) If the acquiring authority withdraws the notice to treat under this paragraph they must pay the person on whom the notice was served compensation for any loss or expense caused by the giving and withdrawal of the notice. (3) Any dispute as to the compensation is to be determined by the Upper Tribunal. 8 The following provisions of the Act (being provisions stating the effect of a deed poll executed in various circumstances where there is no conveyance by persons with interests in the land)— section 9(4) (refusal by owners to convey); Schedule 1, paragraph 10(3) (owners under incapacity); Schedule 2, paragraph 2(3) (absent and untraced owners); and Schedule 4, paragraphs 2(3) and 7(2) (common land), are so modified as to secure that, as against persons with interests in the land which are expressed to be overriden by the deed, the right which is to be compulsorily acquired is vested absolutely in the acquiring authority. 9 Section 11 of the Act (powers of entry) is so modified as to secure that, as from the date on which the acquiring authority have served notice to treat in respect of any right, they have power, exercisable in the like circumstances and subject to the like conditions, to enter for the purpose of exercising that right (which shall be deemed for this purpose to have been created on the date of service of the notice); and sections 12 (penalty for unauthorised entry) and 13 (entry on enforcement officer's or sheriff's warrant in the event of obstruction) are modified correspondingly. 10 Section 20 of the Act (protection for interests of tenants at will, etc.) applies with the modifications necessary to secure that persons with such interests as are mentioned in that section are compensated in a manner corresponding to that in which they would be compensated on a compulsory acquisition of that land, but taking into account only the extent (if any) of such interference with such an interest as is actually caused, or likely to be caused, by the exercise of the right in question. 11 Section 22 of the Act (protection of acquiring authority’s possession where by inadvertence an estate, right or interest has not been got in) is so modified as to enable the acquiring authority, in circumstances corresponding to those referred to in that section, to continue entitled to exercise the right acquired, subject to compliance with that section as respects compensation.

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SCHEDULE 20 Acquisition of Land or Rights: Related Schemes and Orders

Sections 257, 258. Purposes for which acquisition of land or rights is required | Related schemes and orders Purposes connected with a trunk road, not being a special road. | An order under section 10 of this Act relating to the trunk road. An order under section 14 of this Act relating to the trunk road. Purposes connected with a special road. | A scheme under section 16 of this Act relating to the special road. An order under section 18 of this Act relating to the special road. The construction, in pursuance of an order under section 106(1) of this Act, as part of a trunk road of a bridge over or a tunnel under navigable waters. | The order under the said section 106(1). The construction, in pursuance of a scheme under section 106(3) of this Act, as part of a highway or proposed highway of a bridge over or a tunnel under navigable waters. | The scheme under the said section 106(3). Purposes connected with a classified road, not being a special road. | An order under section 14 of this Act relating to the classified road. The provision of a new means of access to any premises from a highway or proposed highway. | An order under section 124 of this Act stopping up a means of access to those premises from that or any other highway. The diversion, in pursuance of an order under section 108(1) of this Act, of a navigable watercourse. | The order under the said section 108(1).

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SCHEDULE 21 Transitional Matters Arising where a Highway Becomes a Trunk Road or a Trunk Road Ceases to be a Trunk Road

Section 265. 1 All orders and regulations made, all directions, consents and notices given, and all building lines and improvement lines prescribed, with respect to a highway which becomes a trunk road, either by the former highway authority for the purposes of their functions with respect to that highway or by a council under any enactment to which section 265 of this Act applies, if they were in force immediately before the highway became a trunk road, have effect with respect thereto as if made, given or prescribed by the Ministeror a strategic highways company, whichever is highway authority for the trunk road; but nothing in this paragraph is to be taken as transferring to the Ministeror the company any liability not transferred toit by or under the said section 265. 2 Any order, byelaw, regulation or other instrument made by a council with respect to a highway which becomes a trunk road, which would, if it had been made after the highway became a trunk road, have required the consent or approval of the Minister, may be revoked or varied by an order made by the Minister in like manner and subject to the like conditions as the original instrument, so, however, that no appeal lies to the Crown Court or to a magistrates’ court against any order made by the Minister under this paragraph. 3 All contracts, deeds, bonds or agreements entered into or made by the former highway authority for a highway which becomes a trunk road, or by a council for the purposes of functions in relation to the highway under any enactment to which section 265 of this Act applies, and subsisting on the day on which the highway became a trunk road, have effect, in so far as they relate to the property and liabilities transferred to the Ministeror a strategic highways company in respect of that highway, with the substitution of the Ministeror the company for the authority or council and may be enforced by or against the Ministeror the company accordingly. 4 Where any such contract as aforesaid provides for the execution of works or the rendering of services by a person other than the authority or council in connection with the construction, maintenance or improvement of, or other dealing with, the highway, then— (a) if the works or services have been completed before the day on which the highway becomes a trunk road but the price or payment, or any part thereof, has not accrued due before that day, the Ministeror a strategic highways company may recover from the authority or council the price or payment, or part thereof, as the case may be; and (b) if the works or services have not been completed before the said day, the value of any works executed, or services rendered, before that day, shall be ascertained, regard being had to the terms of the contract, and the Ministeror a strategic highways company may recover from the authority or council the amount of the said value less any sum paid by the authority or council in pursuance of the contract, and if the authority or council have paid in pursuance of the contract a sum greater than the amount of the said value, the Ministeror a strategic highways company shall repay the excess to the authority or council. 5 Where, before the day on which a highway becomes a trunk road, the former highway authority or any council having functions in relation to the highway under any enactment to which section 265 of this Act applies have been themselves executing works in connection with the construction, maintenance or improvement of, or other dealing with, the highway, but have not completed the works before that day, the Minister shall, if required to do so by the authority or council, purchase all unused materials necessarily acquired by the authority or council for the purpose of the works and hire from the authority or council all plant so acquired which is still necessary for the purpose of the works. 6 In calculating— (a) the amount of any sum to be recovered or paid by the Ministeror a strategic highways company under paragraph 4 above, or (b) the price of the materials to be purchased, or the hire of plant to be hired, by the Ministeror the company under paragraph 5 above, account shall be taken of any grant paid or payable by the Ministeror the company to the authority or council for the purpose of the works or services. 7 If any dispute arises under paragraph 4, 5 or 6 above as to the materials to be purchased, or the plant to be hired, by the Ministeror a strategic highways company from any authority or council, or as to the sums to be paid by any authority or council to the Ministeror the company, or by the Ministeror the company to any authority or council, it shall be determined by arbitration. 8 All proceedings, legal or other, begun before the day on which a highway becomes a trunk road and relating to any property or liabilities transferred to the Ministeror a strategic highways company in respect of that highway, may be carried on with the substitution of the Ministeror the company as party to the proceedings, in lieu of the authority or council from whom the property or liabilities was or were transferred, and any such proceedings may be amended in such manner as may be necessary for that purpose. 9 The provisions of this Schedule, except paragraph 2, apply in a case where a trunk road ceases to be a trunk road in like manner as they apply where a highway becomes a trunk road, with the substitution, for the references to the former highway authority and to a council, of references to the Ministeror a strategic highways company, and, for references to the Ministeror the company, of references to the council who become the highway authority for the road or, as far as relates to functions under any enactment to which section 265 of this Act applies and to property and liabilities vested in or incurred by the Ministeror the company for the purposes of those functions, to the council who are to exercise those functions in relation to the road.

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SCHEDULE 22 Provisions of this Act to which Sections 288, 294, 312, 338, 339 and 341 of this Act Apply

Sections 288, 294, 312, 338, 339, 341. 1 Provisions contained in Part IV Section 36(6) and (7) and section 38. 2 Provisions contained in Part V Section 66(2) to (8), sections 73 and 77 and section 96(4) and (5). 3 Provisions contained in Part IX Sections 133, and 151 to 153, section 154(1), and 154(4) so far as relating to a notice under 154(1), sections 163 and 165, sections 171 to 174, 176, 178 and 179, section 180 other than subsection (2) and subsection (4) so far as relating to subsection (2), and section 185. 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Provisions contained in Part XI The private street works code, sections 226 and 228, section 230(1) to (6), and sections 231, 233, 236 and 237. 6 Provisions contained in Part XII Section 239(6) and section 241. 7 Provisions contained in Part XIV Sections 286, 295, 297, 303, 304, and 305.

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SCHEDULE 23 Transitional Provisions

Section 343(1). Delegation of functions 1 Section 6(1). . . of this Act shall have effect in relation to land acquired by a Minister in connection with a trunk road. . . under subsection (5) or (6) of section 214 of the Highways Act 1959 (or. . . under so much of section 13 of the Restriction of Ribbon Development Act 1935 as is re-enacted in those subsections) as it has in relation to land so acquired under section 246 of this Act (or, by virtue of paragraph 17 below, under section 22 of the Land Compensation Act 1973). Trunk roads and related roads 2 Section 11(1) of this Act applies to a highway which at the commencement of this Act is a trunk road as it applies to a highway which becomes a trunk road after the said commencement. 3 (1) The provisions of this Act (except section 19) and of paragraph 5 of Schedule 5 to the Town and Country Planning Act 1971 apply in relation to the trunk roads described in sub-paragraph (2) below, which are trunk roads by virtue of orders made under section 1 of the Trunk Roads Act 1946, as if they were special roads provided by the Minister in pursuance of schemes made under section 16 of this Act for the use of traffic of the classes specified in the third column of the table in sub-paragraph (2) below. (2) The trunk roads referred to in sub-paragraph (1) above are the trunk roads for which provision was made by the orders specified in the first column of the following table (referred to below as “the original orders”), as those roads are now constituted, having regard to any orders or schemes varying the original orders: Original order | Description of Road | Class of Traffic (as described in Schedule 4) S.R. & O. 1947, No. 2248. | Stevenage By-Pass, part of A1(M) motorway. | Classes I and II. S.R. & O. 1947, No. 1562. | Severn Bridge and adjoining sections of M4 motorway. | For main carriageways: Classes I and II. For cycle track on Severn Bridge: Classes VII, X and XI. For footway on Severn Bridge: Class IX. S.I. 1948, No. 924. | Haysgate to Crick, part of M4 motorway. | Classes I and II. S.I. 1948, No. 62. | Newport By-Pass, part of M4 motorway. | Classes I and II. S.I. 1949, No. 2360. | Twyning to Lydiate Ash, part of M5 motorway. | Classes I and II. S.I. 1949, No. 2459. | Port Talbot By-Pass, part of M4 motorway. | Classes I and II. (3) Without prejudice to the generality of sub-paragraph (1) above, the power (under section 14 of the Interpretation Act 1978) to revoke or amend schemes under section 16 of this Act includes power to revoke or amend any of the original orders and to amend the provisions of the third column of the table in sub-paragraph (2) above. 4 (1) Any order under section 1(3) of the Trunk Roads Act 1936 (power to provide that a road superseding part of a trunk road should itself become a trunk road) continued in force by paragraph 29 of Schedule 24 to the Highways Act 1959, and still in force (whether or not varied under that paragraph) immediately before the commencement of this Act, continues in force and may be varied or revoked by a subsequent order made in the like manner and subject to the like provisions. (2) Schedule 2 to this Act has effect as to the validity and date of operation of an order made under this paragraph. (3) If an order under the said section 1(3) continued in force by sub-paragraph (1) above provides that on a date specified therein a route described therein is to become a trunk road and the order is revoked or varied by an order under this paragraph at any time before the route is opened for the purposes of through traffic, the revoking or varying order is not to be deemed for the purposes of section 2 of this Act to be an order directing that a trunk road is to cease to be a trunk road. 5 (1) Any order under section 4 of the Trunk Roads Act 1946 (certain powers relating to side roads connected with trunk roads) continued in force by paragraph 30 of Schedule 24 to the Highways Act 1959 and still in force (whether or not varied under that paragraph) immediately before the commencement of this Act, continues in force and the provisions of subsections (1) to (3) of the said section 4 continue to apply to them as if that section had not been repealed. (2) Subject to sub-paragraph (3) below, an order under the said section 4 continued in force by sub-paragraph (1) above may be varied or revoked by a subsequent order made in the like manner and subject to the like provisions. (3) Parts I and III of Schedule 1 to this Act have effect as to the making of an order under this paragraph as they have effect as to the making of an order in relation to a trunk road under section 14 of this Act; and Schedule 2 to this Act has effect as to the validity and date of operation of an order under this paragraph. (4) Section 265 of this Act applies in relation to a highway for which any council become the highway authority by virtue of an order under the said section 4 or this paragraph as if it had previously been a trunk road. Special roads 6 (1) In schemes under section 11 of the Highways Act 1959 made before 30th June 1961 references to traffic in Class VII set out in Schedule 4 to that Act are to be construed as including references to traffic in Classes X and XI set out in Schedule 4 to this Act. (2) Sub-paragraph (1) above is without prejudice to the operation of sections 17(2)(a) and 23(3) of the Interpretation Act 1978 as respects the construction of references generally in such schemes as are referred to in that sub-paragraph, and without prejudice to the powers under section 14 of that Act and section 17(3) of this Act to amend such schemes and to amend Schedule 4 to this Act. Vehicle crossings 7 (1) If a person knowingly uses a grass verge or a footway as a crossing as mentioned in subsection (1) of section 155 of the Highways Act 1959 (carriage crossings across grass verges or kerbed footways) in contravention of any condition imposed under paragraph (c) of the said subsection (1) and in force immediately before the commencement of this Act, or knowingly permits it to be so used, he is (notwithstanding the repeal of the said section 155 by the Highways Act 1971) guilty of an offence and liable to a fine not exceeding £20. (2) As respects any expenses recoverable by a council under subsection (3) of the said section 155 and outstanding at the commencement of this Act, section 305 of this Act has effect as though they were incurred under a provision of this Act to which that section applies. Maintenance of highways 8 Any question of liability for non-repair of a highway in respect of damage resulting from an event which occurred before 3rd August 1964 shall be determined in accordance with the former rule of law (abrogated by section 1 of the Highways (Miscellaneous Provisions) Act 1961) which exempted the inhabitants at large and any other persons as their successors from liability for non-repair of highways; and section 58 of this Act does not apply in relation to any such damage. Cattle-grids etc. 9 (1) Without prejudice to the application of this Act to any cattle-grid, works or by-pass provided, or deemed to have been provided, under the Highways Act 1959, sub-paragraphs (2) and (3) below have effect as respects— (a) any cattle-grid provided for a highway which consists of or comprises a carriageway, (b) any gate or other works on such a highway for use in connection with such a cattle-grid, (c) any by-pass for use in connection with such a cattle-grid, and (d) any gate or other works for the proper control of traffic passing over such a by-pass, being a cattle-grid, works or by-pass provided before 28th July 1950, where application is made to the Minister for his approval thereof by the highway authority for the highway. (2) If, where such an application is made— (a) the Minister approves the cattle-grid, works or by-pass unconditionally, or (b) he gives his approval subject to conditions as to the carrying out of works, the conclusion of an agreement under section 88 of this Act or any other matter, and those conditions have been complied with, then, as from the giving of the Minister’s approval unconditionally or, as the case may be, compliance with all conditions subject to which he gives his approval, the cattle-grid, works or by-pass are to be deemed to have been provided under this Act by the highway authority for whom the application for approval was made. (3) Where the Minister gives his approval of the cattle-grid, works or by-pass subject to conditions, the highway authority by whom the application for approval was made may carry out any work, or do any other thing, which is requisite for complying with the conditions; and in particular (but without prejudice to the foregoing provisions of this sub-paragraph) sections 85, 87 and 243 of this Act apply in relation to the exercise of the powers conferred by the foregoing provisions of this sub-paragraph as they apply in relation to the corresponding powers conferred by this Act. New streets 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Private Street Works Code 12 (1) Sub-paragraph (2) below has effect where— (a) before 1st January 1960 street works were executed under any of the relevant street works enactments with respect to part only of a private street, being a part consisting of the whole or part of a footway on one side only of the street, and those works were executed only by, or at the expense only of, the owners or occupiers of the premises fronting the footway or part of the footway, as the case may be; and (b) the street works authority resolve under section 205(1) of this Act to execute street works with respect to any part of the street constituting or comprising the whole or a part of the footway on the side of the street other than that in which street works were executed as mentioned in paragraph (a) above. In this paragraph “the relevant street works enactments” means section 150 of the Public Health Act 1875, the Private Street Works Act 1892 and any local Act making provision corresponding to the provisions of that section or of the said Act of 1892. (2) In the circumstances mentioned in sub-paragraph (1) above, the expenses incurred by the authority in executing the works mentioned in sub-paragraph (1)(b) above with respect to the footway or part of the footway there mentioned shall (notwithstanding anything in section 205(1) or (2) of this Act but subject to the other provisions of the private street works code) be apportioned only between the premises fronting that footway or part, as the case may be, and references in Part XI of this Act to the premises liable to be charged with the expenses of street works under the private street works code are to be construed in accordance with this sub-paragraph. (3) References in this paragraph to a footway include references to any roadside waste, and to any channel by the side of a footway. 13 (1) Subject to sub-paragraph (3) below, where a highway in existence on 16th December 1949 (the date of the coming into force of the National Parks and Access to the Countryside Act 1949, referred to below as “the 1949 Act”)— (a) was immediately before 1st January 1960 a highway repairable by the inhabitants at large by virtue only of section 47(1) of the 1949 Act (which extended to all public paths the then rule of law whereby a highway was repairable by the inhabitants at large), and (b) would, if the said section 47 had not been enacted, be a private street for the purposes of the private street works code, the fact that the highway is a highway maintainable at the public expense by virtue of section 36(1) of this Act shall not prevent its being treated for the purposes of the private street works code as a private street. This sub-paragraph does not apply to a highway in Greater London other than the outer London boroughs. (2) Subject to sub-paragraph (3) below, where a highway in existence on 3rd August 1968 (the date of the coming into force of the Countryside Act 1968) would, if paragraph 9(2)(a) of Schedule 3 to that Act (which provides that as from the date of publication of the definitive map and statement in a review carried out by an authority under Part III of that Schedule certain ways shown on the map are to be highways maintainable at the public expense) had not been enacted, be a private street, the fact that the highway is a highway so maintainable by virtue of the said paragraph 9(2) shall not prevent its being treated for the purposes of the private street works code as a private street. (3) Where the street works authority exercise the powers exercisable by them by virtue of sub-paragraph (1) or (2) above in relation to a highway or part of it, the sub-paragraph in question shall not thereafter apply to that highway or to that part, as the case may be, so as to enable the authority to exercise those powers in relation to it on any subsequent occasion. Likewise, where before the commencement of this Act the street works authority exercised the powers exercisable by them by virtue of— (a) paragraph 24 of Schedule 24 to the Highways Act 1959 (from which sub-paragraph (1) above is derived) or section 50 of the 1949 Act (from which the said paragraph 24 was derived), or (b) section 76(1) of the Highways Act 1971 (from which sub-paragraph (2) above is derived), in relation to a highway or part of it, sub-paragraph (1) or, as the case may be, (2) above shall not apply to that highway or part, as the case may be, so as to enable the authority to exercise the powers exercisable by virtue of sub-paragraph (1) or (2) above in relation to it. Acquisition of land 14 (1) Notwithstanding anything in section 1(2) of the Act of 1946 or in paragraph 9 of Schedule 1 to that Act, neither— (a) an order authorising a highway authority to acquire a right compulsorily as mentioned in section 242(3) of this Act, nor (b) an order made as mentioned in section 254(1) of this Act, or so made and confirmed, is, where notice of the making or preparation in draft of the order was first published before the 6th April 1976, subject to special parliamentary procedure by reason only of its authorising the acquisition of any such right as is mentioned in the said section 242(3) or, as the case may be, the said section 254(1). (2) Sub-paragraph (1) above is without prejudice to the operation of section 120 of the Local Goverment, Planning and Land Act 1980 (which re-enacts with modifications section 41 of the Community Land Act 1975) in relation to any such order as is mentioned in that sub-paragraph where notice of the making or preparation in draft of the order was or is first published on or after 6th April 1976. National Freight Corporation 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Continuing offences 16 Where an offence for the continuance of which a penalty was provided has been committed under any enactment repealed by this Act proceedings may be taken under this Act in respect of the continuance of the offence after the commencement of this Act in the like manner as if the offence had been committed under the corresponding provision of this Act. General 17 Any reference in this Act (whether express or implied) to a thing done or required or authorised to be done, or omitted to be done, or to an event which has occurred, under or for the purposes of, or by reference to any provision of this Act includes, except where the context otherwise requires, a reference to the corresponding thing done or required or authorised to be done, or omitted, or to the corresponding event which occurred, as the case may be, under or for the purposes of or by reference to the corresponding enactment repealed by this Act. 18 Without prejudice to paragraph 17 above, any reference in this Act (whether express or implied) to a thing done by a highway authority or other authority under a provision of this Act includes, except where the context otherwise requires, a reference to the corresponding thing done, or having effect as if done, by a predecessor authority under the corresponding enactment repealed by this Act. In this paragraph “predecessor authority” means— (a) in relation to the Secretary of State, the Minister of Transport or other Minister exercising the relevant function before the transfer of the function to the Secretary of State; (b) in relation to the Minister of Transport, the Secretary of State or other Minister exercising the relevant function before the transfer of the function to the Minister of Transport; (c) in relation to a council, the authority exercising the relevant function before the function vested in the council under the Local Government Act 1972 or, as the case may be, the London Government Act 1963. 19 Without prejudice to paragraph 17 or 18 above, any power which was exercisable by a highway authority or other authority immediately before the commencement of this Act, under an enactment repealed by this Act, by reference (whether express or implied) to anything done before the said commencement may be exercised by that authority under the corresponding provision of this Act. 20 Where a period of time specified in any enactment repealed by this Act is current at the commencement of this Act, this Act has effect as if the corresponding provision of this Act had been in force when that period began to run. 21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 Any enactment or other document of any kind referring to a highway repairable by the inhabitants at large or a highway maintainable by the inhabitants at large is to be construed as referring to a highway which for the purposes of this Act is a highway maintainable at the public expense. 23 Any enactment or other document of any kind referring to a surveyor of highways or a highway board is to be construed as referring to a highway authority. References to Magistrates’ Courts Act 1980 24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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SCHEDULE 24 Consequential Amendments

Section 343(2). Military Lands Act 1892 1 In the Military Lands Act 1892— (a) in section 13, for “the Highways Act 1959” substitute “ the Highways Act 1980 ”, for “section one hundred and eight” substitute (in both places) “ section 116 ” and for “section two hundred and seventy-five of the said Act of 1959” substitute “ section 317 of the said Act of 1980 ” ; (b) in section 16(2), for “the Highways Act 1959” substitute “ the Highways Act 1980 ”. Settled Land Act 1925 2 In section 56(3) of the Settled Land Act 1925, for “the Highways Act 1959” substitute (in paragraph (a) and paragraph (b)) “ the Highways Act 1980 ”. ... 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Public Utilities Street Works Act 1950 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Parish Councils Act 1957 7 In section 3(10) of the Parish Councils Act 1957— (a) for “the Highways Act 1959” substitute “ the Highways Act 1980 ” ; (b) for “section eleven of the said Act of 1959” substitute “ section 16 of the said Act of 1980 ”. Land Compensation Act 1961 8 In section 8(7) of the Land Compensation Act 1961 for paragraph (c) substitute— (c) section 261(1) of the Highways Act 1980 (or its predecessor, section 222(6) of the Highways Act 1959) ; . 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Pipelines Act 1962 10 In the Pipelines Act 1962— (a) in section 15(10), in the definition of “special road”, after “Highways Act 1959”, insert “ or section 16 of the Highways Act 1980 ”, for “section nineteen of” substitute “ paragraph 3 of Schedule 23 to ”, and for “section eleven thereof” substitute “ section 16 thereof ” ; (b) in section 18(1) for “section one hundred and thirty-seven of the Highways Act 1959” substitute “ section 157 of the Highways Act 1980 (or its predecessor, section 137 of the Highways Act 1959) ”, and for “section eighteen of the Road Traffic and Roads Improvement Act 1960” substitute “ section 158 of the Highways Act 1980 (or its predecessor section 18 of the Road Traffic and Roads Improvement Act 1960) ” ; (c) in section 66(1), in the definition of “carriageway” for “subsection (1) of section two hundred and ninety-five of the Highways Act 1959” substitute “ section 329(1) of the Highways Act 1980 ”. London Government Act 1963 11 ln Schedule 9 to the London Government Act 1963, in Part II, in paragraph 5, omit the words from “ and ” to the end. Licensing Act 1964 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . New Forest Act 1964 13 In section 3 of the New Forest Act 1964— (a) in subsection (2), subsection (3) and subsection (4), for “the Highways Act 1959” substitute “ the Highways Act 1980 ” ; (b) in subsection (6), for “section 144 of the Highways Act 1959” substitute “ section 165 of the Highways Act 1980 ”. Severn Bridge Tolls Act 1965 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Countryside Act 1968 17 In the Countryside Act 1968— (a) in section 27(6), for the words from the beginning to “traffic sign)” substitute “ Section 131(2) of the Highways Act 1980 (destruction or defacement of a traffic sign) ” ; (b) in section 49(2), in the definition of “bridleway” and “footpath”, for “section 295(1) of the Highways Act 1959” substitute “ section 329(1) of the Highways Act 1980 ”. (c) in Schedule 3, in Part I, in paragraph 2(d) of the entry relating to the Acquisition of Land (Authorisation Procedure) Act 1946, for “Schedule 7 to the Highways Act 1959, as amended below,” substitute “ Schedule 6 to the Highways Act 1980 ”. Transport Act 1968 18 In the Transport Act 1968— (a) in section 119(1), for “section 229 of the Highways Act 1959” substitute “ section 266 of the Highways Act 1980 ”, for “section 230 of the said Act of 1959” substitute “ section 267 of the said Act of 1980 ”, for “section 58(2) of the said Act of 1959” substitute “ section 55(2) of the said Act of 1980 ” and for “section 229(3) or 230(2) of the said Act of 1959” substitute “ section 266(5) or 267(2) of the said Act of 1980 ” ; (b) in section 121(6), for “the Highways Act 1959” substitute “ the Highways Act 1980 ” and for “paragraph (iii) of the proviso to” substitute “ sub-paragraph (2)(c) of ” ; (c) in section 121(7), for “the Highways Act 1959” substitute “ the Highways Act 1980 ” and for “paragraph (iii) of the proviso to” substitute “ sub-paragraph (2)(c) of ” , (d) in section 159(1), in paragraph (a) of the definition of “highway authority”, for “the Highways Act 1959” substitute “ the Highways Act 1980 ”. Chronically Sick and Disabled Persons Act 1970 19 In section 20(2) of the Chronically Sick and Disabled Persons Act 1970, in the definition of “footway”, for “the Highways Act 1959” substitute “ the Highways Act 1980 ”. 20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23 In the Land Compensation Act 1973— (a) in section 19(1), in the definition of “highway”, for “section 295(1) of the Highways Act 1959” substitute “ section 329(1) of the Highways Act 1980 ” ; (b) in section 44(2), for “paragraph 7 of Schedule 6 to the Highways Act 1971” substitute “ paragraph 6 of Schedule 19 to the Highways Act 1980 ” ; (c) in section 58(2)(a), for “paragraph 8 of Schedule 6 to the Highways Act 1971” substitute “ paragraph 7 of Schedule 19 to the Highways Act 1980 ” ; (d)—(h) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (i) in section 87, omit subsection (3). Control of Pollution Act 1974 24 In the Control of Pollution Act 1974— (a) in section 22(4), in the definitions of “highway”, “special road” and “trunk road” for “the Highways Act 1959” substitute, in each case, “the Higheays Act 1980”; (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Road Traffic Act 1974 25 In section 17 of the Road Traffic Act 1974— (a) in subsection (1) for “the Highways Act 1959” substitute “ the Highways Act 1980 ” ; (b) in subsection (4) for “section 279 of the Highways Act 1959” substitute “ section 302 of the Highways Act 1980 ”. Local Land Charges Act 1975 26 In section 1(1)(a) of the Local Land Charges Act 1975 omit “the Highways Act 1959” and for “the Highways Act 1971” substitute “ the Highways Act 1980 (or any Act repealed by that Act) ”. Local Government (Miscellaneous Provisions) Act 1976 27 In the Local Government (Miscellaneous Provisions) Act 1976— (a) in section 13(4), for “section 47 of the Highways Act 1971” substitute “ section 250 of the Highways Act 1980 ” ; (b) in section 15(9), for “section 64(1) of the Highways Act 1971” substitute “ section 289(1) of the Highways Act 1980 ” ; (c) in section 44(1)— (i) in the definition of “highway” for “the Highways Act 1959” substitute “ the Highways Act 1980 ” ; (ii) in the definition of “statutory undertakers” for “the Highways Act 1959, the Post Office,” substitute “ the Highways Act 1980, the Post Office and ” ; and omit the words from “and, except” to “highways)” ; (d) in section 44(2), for “section 282 of the Highways Act 1959” substitute “ section 322 of the Highways Act 1980 ” and for the words from “any provision of sections 1 to 7” onwards substitute “ section 7 of this Act as if that section were a provision of that Act ”. Development of Rural Wales Act 1976 28 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Rent Act 1977 29 In both section 34(1)(a) and section 50(1)(a) of the Rent Act 1977, for the words from “(certain” onwards substitute “ or section 205 of the Highways Act 1980 (execution of street works under private street works code), or ”. Refuse Disposal (Amenity) Act 1978 30 In section 3(3) of the Refuse Disposal (Amenity) Act 1978 for “the Highways Act 1959” substitute “ the Highways Act 1980 ”.

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SCHEDULE 25 Repeals

Section 343(3). Chapter | Short Title | Extent of Repeal 7 & 8 Eliz. 2. c. 25. | Highways Act 1959. | The whole Act. 7 & 8 Eliz. 2. c. 53. | Town and Country Planning Act 1959. | Sections 48 and 49. 8 & 9 Eliz. 2. c. 63. | Road Traffic and Roads Improvement Act 1960. | Sections 18 to 20. Section 23(1) 9 & 10 Eliz. 2. c. 24. | Private Street Works Act 1961. | The whole Act. 9 & 10 Eliz. 2. c. 63. | Highways (Miscellaneous Provisions) Act 1961. | The whole Act. 9 & 10 Eliz. 2. c. 64. | Public Health Act 1961. | Sections 43 and 44. Sections 46 to 50. In Schedule 1, in Part III, the entries relating to the Highways Act 1959. 10 & 11 Eliz. 2. c. 46. | Transport Act 1962. | In Schedule 2, in Part I, the entries relating to the Highways Act 1959. 10 & 11 Eliz. 2. c. 58. | Pipelines Act 1962. | Section 19. 1963 c. 33. | London Government Act 1963. | Section 14(1) to (4). Sections 16 to 18. In Schedule 5, in Part II, paragraphs 6 to 8. Schedule 6. In Schedule 9, in Part II, in paragraph 5, the words from “and” to the end. In Schedule 11, in Part I, paragraph 37. 1965 c. 24. | Severn Bridge Tolls Act 1965. | In section 22(2) the words “(whether before or after the passing of this Act)”. 1965 c. 30. | Highways (Amendment) Act 1965. | The whole Act. 1965 c. 56. | Compulsory Purchase Act 1965. | In Schedule 6, the entry relating to the Highways Act 1959. 1965 c. 59. | New Towns Act 1965. | Section 48(3). 1966 c. 42. | Local Government Act 1966. | Part III 1967 c. 76. | Road Traffic Regulation Act 1967. | In Schedule 6, the entry relating to section 14(2) of the London Government Act 1963. 1967 c. 80. | Criminal Justice Act 1967. | In Schedule 3, the entries relating to the Highways Act 1959. 1968 c. 13. | National Loans Act 1968. | In section 6(1), the words “section 198(2) of the Highways Act 1959”. 1968 c. 41. | Countryside Act 1968. | Sections 28 and 29. Section 47(5). In Schedule 3, in Part I, the entries relating to the Highways Act 1959. 1968 c. 72. | Town and Country Planning Act 1968. | In Schedule 9, paragraph 9. 1968 c. 73. | Transport Act 1968. | Section 130(6)(e). In section 139(1), in paragraph (a), the words “section 215(2)(c) of the Highways Act 1959 or”, in paragraph (b), the words “section 180, 188 or 189 of the Town and Country Planning Act 1971 or” and “215(2)(c) or” and in paragraph (c) the words “section 193 of the said Act of 1971 or” and “section 196 of the said Act of 1971 or, as the case may be,” and “215(2)(c) or”. In section 139(2), in the definition of “relevant planning permission”, the words “section 15 or 16 of the Land Compensation Act 1961 or”, in the definition of “service area development” the words “the said section 215(2)(c) or”, and (in the concluding part of the subsection) the words “1961 or” and “as respects England and Wales, as in the said Act of 1961 and,”. Section 140. In Schedule 16, paragraph 7(2)(f). 1969 c. 35. | Transport (London) Act 1969. | Sections 29 and 31. Section 34(1). 1969 c. 48. | Post Office Act 1969. | In Schedule 4, paragraphs 65 and 69 and paragraph 93(1)(xv). 1971 c. 23. | Courts Act 1971. | In Schedule 8, in Part II, paragraph 36. In Schedule 9, in Parts I and II, the entries relating to the Highways Act 1959. 1971 c. 41. | Highways Act 1971. | The whole Act. 1971 c. 75. | Civil Aviation Act 1971. | In Schedule 5, paragraph 5(m) and (ee). 1971 c. 78. | Town and Country Planning Act 1971. | In section 16, paragraph (c). In Schedule 23, in Part II, the entries relating to the Highways Act 1959, the Highways Act 1971 and section 139(1) of the Transport Act 1968. 1972 c. 60. | Gas Act 1972. | In Schedule 4, in paragraph 1(6) the words “section 15 of the Highways Act 1959 and”. 1972 c. 70. | Local Government Act 1972. | Section 187(1)(2)(3)(b) and (4) to (8). Section 188. Schedule 20. In Schedule 21, Part I and, in Part II, paragraphs 99 and 100. 1973 c. 26. | Land Compensation Act 1973. | Section 20(10). Sections 22 to 25. Section 74(1)(a). Section 78(5). Section 87(3). 1973 c. 37. | Water Act 1973. | In Schedule 8, paragraphs 70 and 71. 1974 c. 7. | Local Government Act 1974. | In section 6(8) the words “the Highways Act 1959 and”. Section 40. In Schedule 1, in Part II, in paragraph 6, paragraph (a) and the words “paragraph (a),”. In Schedule 6, entry number 12. In Schedule 7, paragraph 2. 1975 c. 76. | Local Land Charges Act 1975. | In Schedule 1, the entries relating to the Highways Act 1959 and the Highways Act 1971. 1976 c. 57. | Local Government (Miscellaneous Provisions) Act 1976. | Sections 1 to 6. In section 44(1) in the definition of “statutory undertakers” the words from “and except” to “highways)”. In Schedule 2, the entries relating to the Highways Act 1959 and the Highways (Miscellaneous Provisions) Act 1961. 1976 c. 70. | Land Drainage Act 1976. | In Schedule 7, paragraphs 2 and 7. 1977 c. 45. | Criminal Law Act 1977. | In Schedule 6, the entry relating to the Highways Act 1959. 1980 c. 43. | Magistrates’ Courts Act 1980. | In Schedule 7, paragraph 29. 1980 c. 65. | Local Government, Planning and Land Act 1980. | In Schedule 7, paragraphs 1(2), 2(1), (2)(b), (3) and (4), 3(1), (3) and 5.

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