Highways Act 1980

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

(1) The following provisions have effect where there has come into force a compulsory purchase order made by a highway authority in the exercise of highway land acquisition powers and providing for the acquisition of a right over land and notice to treat in respect of the right has been served on a person having an interest in the land. (2) A person for the time being entitled to that interest (“the landowner”) may, at any time within 6 weeks of service of the notice to treat, or such longer period as may be agreed in writing by the highway authority, but so long only as the notice has not been withdrawn, serve on the highway authority a counter-notice requiring them, instead of acquiring the right in question, to acquire instead his interest so far as it subsists in the land which is shown in the notice to treat as that over which the right is to be acquired. (3) As from the date of service of the landowner’s counter-notice— (a) the compulsory purchase order shall, as against the landowner, cease to have effect so far as it authorises the acquisition of the right in respect of which the counter-notice was served and shall have effect instead so as to authorise the authority to acquire compulsorily the landowner’s interest in the land referred to in subsection (2) above; and (b) the notice to treat referred to in subsection (1) above shall be deemed to have been served (on the date on which it was in fact served) in respect of the said interest, instead of in respect of the right (without prejudice to the authority’s power under section 31 of the Land Compensation Act 1961 to withdraw the notice). (4) Nothing in this section prevents the highway authority from exercising any powers (and, in particular, any power of entry) which they have by virtue of having served notice to treat; and the operation of subsection (3) above does not prejudice any such power of the authority either as respects a previous exercise of it or as respects its continuance by virtue of sub-section (3)(b).

253 Agreements as to use of land near highways.

(1) For the purpose of mitigating any adverse effect which the construction, improvement, existence or use of a highway has or will have on the surrounding of the highway, the highway authority may enter into an agreement with any person interested in land adjoining or in the vicinity of the highway for restricting or regulating the use of the land either permanently or during such period as may be specified in the agreement. Any such agreement may, in particular, make provision for the planting and maintenance of trees, shrubs or plants of any other description on the land and for restricting the lopping or removal of trees, shrubs or other plants on the land. (2) An agreement under this section may contain such incidental and consequential provisions (including provisions of a financial character) as appear to the highway authority to be necessary or expedient for the purposes of the agreement. (3) The provisions of any agreement made under this section with any person interested in land are binding on persons deriving title from that person in respect of the land. (4) An agreement under this section is a local land charge. (5) This section is without prejudice to section 106 of the Town and Country Planning Act 1990 (agreements regulating development or use of land).

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

(1) Subject to the provisions of this section, an order made, or made and confirmed, in the like manner and subject to the like conditions as an order authorising compulsory acquisition of land under section 239 above may authorise a highway authority to acquire compulsorily, subject to such conditions (including conditions as to the persons by whom any works are to be constructed or maintained) as may be imposed by the order, a right upon, under or over any land which is the property of a local authority or which has been acquired, for the purposes of their undertaking, by statutory undertakers, if the acquisition is— (a) for the purposes of the construction of a bridge or of the approaches to a bridge (not including the reconstruction or alteration of the bridge or approaches in existence at the date of the order) upon, under or over such land; (b) for the purposes of the execution of any works (other than the reconstruction of a bridge on a different site) for the maintenance, improvement or alteration of the bridge or of the approaches to a bridge transferred to the Minister or a strategic highways company by virtue of section 266 below or transferred to a special road authority other than the Minister or a strategic highways company by virtue of section 267 below; or (c) for the purposes of any system of road drainage; and, nothing in Part III of, or Schedule 3 to, the Acquisition of Land Act 1981 shall prevent the acquisition of any such right. (2) The power to acquire a right compulsorily conferred by subsection (1) above may be exercised— (a) if the acquisition is for a purpose specified in that subsection in connection with a trunk road in a London borough,. . . by the council of that borough and. . . as well as by the Ministeror a strategic highways company, and (b) if the acquisition is for a purpose so specified in connection with any other trunk road, by the council of the county or metropolitan district in which the road is situated as well as by the Ministeror a strategic highways company. (3) An order authorising the compulsory acquisition of a right under this section shall be made subject to such conditions as the Minister, after consultation with the local authority or statutory undertakers from whom the right is to be acquired, considers necessary for securing— (a) that the bridge or approaches to be constructed, reconstructed or altered, as the case may be, will be so designed, placed and constructed, or so reconstructed or altered, or (b) that the drainage system to be provided will be so designed, placed and constructed, as to avoid unreasonable interference with the functions and future development of the body concerned. (4) An order authorising the compulsory acquisition under this section of a right for the purposes of a system of road drainage shall be made subject to such conditions as the Minister considers necessary for securing that no highway is drained— (a) into any watercourse under the control of an , the Environment Agency or the Natural Resources Body for Wales without the consent of that body, orthe National Rivers Authority without the consent of that board or that Authority, or (b) into any reservoir, river, canal, dock, harbour, basin, culvert, sewer, syphon or other work which belongs to or is under the jurisdiction of a local authority or statutory undertakers without the consent of that authority or those undertakers. (5) Nothing in this section authorises the compulsory acquisition of a right upon, under or over any land for the purposes of the construction of a bridge under or over the Manchester Ship Canal; but this subsection does not prevent the acquisition of such a right if the acquisition is— (a) for the purposes of the construction of a bridge for which provision is made by any such order as is mentioned in section 106(1) above, or (b) for the purposes of the execution of any works (other than the reconstruction of a bridge on a different site) for the maintenance, improvement or alteration of a bridge tranferred to the Ministeror a strategic highways company by virtue of section 266 below. (6) For the purposes of this section and section 255 below— “local authority” has the same meaning as in the Acquisition of Land Act 1981, and 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. (6ZA) In its application to a person who holds a licence under Chapter I of Part I of the Transport Act 2000, subsection (1) of this section shall be construed as if for the words “or which has been acquired, for the purposes of their undertaking, by statutory undertakers” there were substituted the words “or of a person who holds a licence under Chapter I of Part I of the Transport Act 2000 and which, in the case of such a person, is being held or used for the purpose of carrying out activities authorised by the licence”; (6A) In its application to a universal service provider, subsection (1) of this section shall be construed as if for the words “or which has been acquired, for the purposes of their undertaking, by statutory undertakers” there were substituted the words “or of a universal service provider and which, in the case of a universal service provider, is being held or used for any purpose in connection with the provision of a universal postal service”.

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

(1) Subject to the provisions of this section, an order authorising the compulsory acquisition of a right by a highway authority under section 254 above for a purpose specified in section 254(1)(a) or (b) shall, except so far as may be otherwise agreed, provide that the bridge or approaches to which the order relates is to be constructed, reconstructed or altered, as the case may be, and maintained, at the expense of the highway authority. (2) Where an order is made authorising the compulsory acquisition of a right by a highway authority under section 254 above for the purpose of substituting a bridge for a level crossing over a railway, the expenses of the construction and maintenance of the bridge and of the approaches to the bridge shall, subject to subsection (3) below, be defrayed either— (a) wholly by the highway authority, or (b) partly by the highway authority and partly by the person from whom the right is acquired (hereafter in this section referred to as “the railway owners”) as, in default of agreement, may be determined by arbitration. (3) Unless otherwise agreed— (a) the railway owners’ share of the expenses of such construction and maintenance, except so much of those expenses as is attributable to works executed at the instance of the railway owners for the improvement of their undertaking, shall be an amount equivalent to the saving to the railway owners estimated to result from the substitution of a bridge for the level crossing; and (b) any additional expense incurred by the railway owners by reason of any alteration of a railway due to the provisions of the order, other than provisions applied for by the railway owners for the improvement of their undertaking, shall be defrayed by the highway authority. (4) Where by virtue of an agreement or award made under subsection (2) above the railway owners are required to contribute to the expenses of a highway authority the contribution shall, at the option of the railway owners, 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 railway owners and the highway 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. (5) Where by means of an order authorising a compulsory acquisition under section 254 above a highway authority acquire a right from a local authority or statutory undertakers any additional expense which, in consequence of— (a) the construction, reconstruction or alteration of the bridge to which the order relates, or of the approaches to that bridge, or (b) the construction of the drainage system to which the order relates, is thereafter incurred by the local authority or statutory undertakers in connection with the widening or alteration, on land which was vested in them before the making or confirmation of the order, of any railway, canal, inland navigation, dock, harbour, works or apparatus belonging to them, shall be defrayed by the highway authority. (6) Any question whether any such additional expense as is mentioned in subsection (5) above has been incurred as there mentioned, or as to the amount of any such additional expense, shall, in default of agreement, be determined by arbitration. (7) An order authorising the compulsory acquisition of a right by a highway authority under section 254 above for the purposes of a system of road drainage shall, except so far as may be otherwise agreed, provide that the system is to be constructed and maintained at the expense of the highway authority.

256 Power to exchange land to adjust boundaries of highways.

(1) Subject to the provisions of this section, the highway authority for any highway maintainable at the public expense may, for the purpose of straightening or otherwise adjusting the boundaries of the highway, enter into an agreement with the owner of any land which adjoins or lies near to the highway providing for the exchange of any such land for land on which the highway is situated, with or without the payment by either party of money for equality of exchange. (2) A highway authority proposing to enter into an agreement under this section shall— (a) publish once at least in each of 2 successive weeks, in one or more newspapers circulating in the area concerned, a notice giving particulars of the proposed agreement; and (b) not later than the date on which the notice is first published in pursuance of paragraph (a) above (“the publication date”), serve a copy of the notice— (i) on any statutory undertakers appearing to the authority to be affected by the proposal; and (ii) on any other person appearing to the authority to have an interest in the land proposed to be conveyed by the authority; and (c) not later than the publication date, cause a copy of the notice to be displayed in a prominent position on the part of the highway to which the proposal relates; and shall not enter into the proposed agreement before the expiration of the period of 2 months from the publication date and, where an appeal under subsection (3) below is brought against the proposed agreement, until the determination or abandonment of the appeal and of any appeal arising out of that appeal. (3) Any person who objects to a proposed agreement under this section may, before the expiration of the period aforesaid, appeal to a magistrates’ court against the proposed agreement; and the court shall, after considering any representations made by or on behalf of any party to the appeal and the desirability in the public interest of the proposed agreement, either dismiss the appeal or order the highway authority not to enter into the proposed agreement (without prejudice to the power of the authority to make the same proposal on a subsequent occasion). (4) Where any land on which a highway is situated falls to be conveyed by the highway authority in pursuance of an agreement under this section, then— (a) if the land belongs to the highway authority, nothing in this section dispenses with any consent of a government department which, under any enactment, is required for the conveyance, but where such consent is given or is not required the conveyance of the land by the authority operates, by virtue of this paragraph, to extinguish the public right of way over the land; (b) if the land does not belong to the highway authority, the authority may convey the land in accordance with the agreement and the conveyance operates, by virtue of this paragraph, to vest the land in the transferee for an estate in fee simple freed and discharged (subject to subsections (6) and (7) below and section 334(2) below) from all other estates, interests, rights and charges, including the public right of way, which subsisted in, over or on the land immediately before the conveyance. (5) Where by virtue of subsection (4)(b) above any person suffers damage by being deprived of such an estate, interest, right or charge as is there mentioned, other than the public right of way, the highway authority shall pay him compensation equal to the amount of the damage. (6) Where immediately before the conveyance of any land by a highway authority in pursuance of this section there is under, in, upon, over, along or across the land any apparatus belonging to or used by statutory undertakers for the purposes of their undertaking Part II of Schedule 12 to this Act applies to the land. (6A) In this section “ statutory undertakers ” includes operators of driver information systems (7) Nothing in this section affects any mines or minerals under a highway.

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

(1) Where a compulsory purchase order is made or proposed to be made in the exercise of highway land acquisition powers— (a) for the purpose of enabling one or more of the orders and schemes to which Schedule 1 to this Act applies (“the related instruments”) to be implemented when it or they become operative, or (b) for a purpose connected with a highway or proposed highway to which one or more of the related instruments relate, the proceedings required by Acquisition of Land Act 1981 to be taken for the purpose of confirming or making the compulsory purchase order may be taken concurrently (so far as practicable) with the proceedings required by Schedule 1 to this Act to be taken for the purpose of confirming or making the related instrument or, as the case may be, with two or more of the proceedings thereby required to be taken for the purpose of confirming or making the related instruments. (2) Where— (a) a compulsory purchase order is made or proposed to be made in the exercise of highway land acquisition powers for the purpose of the provision of a new means of access to any premises, and (b) an order under section 124 above authorising the stopping up of a means of access to those premises is made or proposed to be made in connection with the provision of the new means of access, the proceedings required by Acquisition of Land Act 1981 to be taken for the purpose of confirming or making the compulsory purchase order may be taken concurrently (so far as practicable) with the proceedings required by section 124 to be taken for the purpose of confirming or making the order under that section. (3) A compulsory purchase order made in the exercise of highway land acquisition powers for a purpose specified in column 1 of Schedule 20 to this Act may come into operation on the same day as any order or scheme specified in relation thereto in column 2 of that Schedule. (4) The Minister of Transport may make regulations for securing that proceedings required by Acquisition of Land Act 1981 to be taken in respect of the compulsory acquisition of any land— (a) for the purpose of enabling a highway authority or the owners of a bridge to comply with a requirement or direction contained in an order made under section 93 above, or (b) for the purpose of providing or improving a cattle-grid or by-pass in the exercise of powers conferred by this Act, may be taken concurrently (so far as practicable) with proceedings required to be taken for the purposes of the order under section 93 or, as the case may be, the purposes of the determination under Schedule 10 to this Act of a question relating to the provision of the cattle-grid or by-pass.

258 Provisions relating to objections to compulsory purchase orders.

(1) Where proceedings required by Part II of, or Schedule 1 to, the Acquisition of Land Act 1981 to be taken in respect of a compulsory purchase order made or proposed to be made in the exercise of highway land acquisition powers for a purpose specified in column 1 of Schedule 20 to this Act are taken after the confirmation or making by the Minister of an order or scheme specified in relation thereto in column 2 of that Schedule, then— (a) in the case of a compulsory purchase order proposed to be made by the Minister, the Minister and the Secretary of State acting jointly, (b) in any other case, the Minister, may disregard for the purposes of the said Schedule 1 any objection to the compulsory purchase order or draft thereof, as the case may be, which in his or their opinion amounts in substance to an objection to that order or scheme. (2) Where objections to a compulsory purchase order made or proposed to be made in the exercise of highway land acquisition powers for purposes connected with the construction, improvement, diversion or alteration of a highway are to be the subject of a local inquiry or considered by a person appointed by the Minister, or by the Minister and the Secretary of State acting jointly, the Minister or, as the case may be, those Ministers may, by notice served on the persons making such objections or by the notice announcing the holding of the inquiry or hearing, direct that any person who intends at the inquiry to submit— (a) that any highway or proposed highway to which the order relates should follow an alternative route, or (b) that, instead of improving, diverting or altering a highway to which the order relates, 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 of not less than 14 days and ending not less than 14 days before the date fixed for the holding of the inquiry or hearing, sufficient information about the alternative route or the route of the new highway, as the case may be, to enable it to be identified. (3) Where the Minister or the Minister and the Secretary of State acting jointly have given a direction under subsection (2) above in relation to an inquiry or hearing, the person holding the inquiry or hearing 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.

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

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260 Clearance of title to land acquired for statutory purposes.

(1) There may be included in a compulsory purchase order made by a highway authority in the exercise of highway land acquisition powers land in which the authority have already acquired interests by agreement in the exercise of such powers. (2) Where land is included in a compulsory purchase order as mentioned above, it is to be treated as subject to compulsory purchase for the purposes of the Act of 1965, and that Act shall apply accordingly, except as respects— (a) the conveyance to the acquiring authority of any interest which they have acquired by agreement before the date of the coming into force of the compulsory purchase order; and (b) compensation, so far as already paid or the subject of agreement. (3) Where— (a) in the exercise of powers conferred by section 239(4)(c) above, a special road authority have acquired land for the provision of a service area, or (b) in the exercise of powers conferred by section 240(3)(a) above, the Ministeror a strategic highways company has acquired land for the provision of a trunk road picnic area, or (c) in exercise of powers conferred by section 240(5) above, a highway authority have acquired land for the provision of a lorry area, subsection (4) below has effect with respect to any activities carried on on the land in the course of its use for the purposes of a service area, trunk road picnic area or lorry area, as the case may be. (4) Any such activities are, as against a person who apart from the acquisition would have had a right to restrain such activities, or a right the exercise of which would be calculated to interfere with them, to be treated as activities of the authority in question (that is to say, the special road authority, the Minister, strategic highways company or the highway authority, as the case may be) carried on under statutory powers, notwithstanding that they are carried on by other persons under contract to the authority or otherwise.

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

(1) Subject to subsection (3) below, in assessing the compensation payable in respect of the compulsory acquisition of land by a highway authority under section 239 above (except subsection (6) thereof), section 240 above, section 246 above or section 250(2) above, the Upper Tribunal— (a) shall have regard to the extent to which the remaining contiguous lands belonging to the same person may be benefited by the purpose for which the land is authorised to be acquired; (b) without prejudice to the generality of paragraph (a) above, shall in the case of land authorised to be acquired for widening a highway set off against the value of the land to be acquired any increase in the value of other land belonging to the same person which will accrue to him by reason of the creation of a frontage to the highway as widened; and (c) shall take into account, and embody in its award, any undertaking given by the highway authority as to the use to which the land, or any part of it, will be put. (2) Without prejudice to subsection (1) above, in assessing the compensation payable on a compulsory acquisition by virtue of section 252(3)(a) above the Upper Tribunal shall take into account, and embody in its award, any undertaking given by the acquiring authority as to rights of user or occupation, or other rights, which they are willing to accord to the landowner (or to him and his successors) as respects the land referred to in section 252(2) above. (3) Where a highway authority, by virtue of section 250(1) above, compulsorily acquire rights under section 239 above (except subsection (6) thereof), section 240 above or section 246 above, then in assessing the compensation payable in respect of the acquisition the Upper Tribunal— (a) shall have regard to the extent to which the land over which the right in question is, or is to be, acquired, or any contiguous land belonging to the same person, may be benefited by the purpose for which the right may be authorised to be acquired; (b) shall, in the case of a right acquired, or to be acquired, in connection with the widening of a highway, take into account as abatement of compensation any increase in the value of the land, or of other land belonging to the same person, which will accrue by reason of the creation of a frontage to the highway as widened; and (c) shall take into account, and embody in its award, any undertaking given by the highway authority as to the manner in which the right will be exercised. (4) Where by a compulsory purchase order made in the exercise of a relevant power a highway authority acquire two or more rights over land belonging to the same person, or acquire not only rights (one or more) but also adjoining or adjacent land so belonging, then in applying subsection (1) or subsection (3) above the Upper Tribunal shall consider together the compensation payable in respect of both or all of the rights or, as the case may be, in respect of the right or rights and also the adjoining or adjacent land. In this subsection “relevant power” means a power under any provision of this Act to which subsection (1) or (3) above relates. (5) In assessing the compensation payable in respect of the compulsory acquisition by a highway authority under section 241 above of land lying between an improvement line and the boundary of a street, the Upper Tribunal shall take into account any benefit accruing to the vendor by reason of the improvement of the street except in so far as it may have been previously taken into account in the assessment of compensation payable under section 73(9) above. (6) Section 5 of the Land Compensation Act 1961 shall, in its application to compulsory acquisition by a highway authority under a provision to which subsection (1), (3) or (5) above relates, have effect subject to subsection (1), (3) or (5) as the case may be.

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

(1) Where land is compulsorily acquired— (a) under section 239(4)(c) above in a case where the acquisition is authorised by a compulsory purchase order which does not also authorise the acquisition of land required for the provision of the adjacent length of special road, or (b) in pursuance of a notice under section 137 of the Town and Country Planning Act 1990 (protection of owners of land affected by certain planning decisions) in a case where the Upper Tribunal is satisfied that there are proposals for using the whole or part of the relevant land for such purposes in connection with the special road as are mentioned in section 239(4)(c) above and that the amount of compensation would apart from this section be affected by the provision or proposed provision of the special road, or (c) in pursuance of a notice under section 150 or 161 of that Act (protection of owner-occupiers in respect of planning blight) in a case where the appropriate enactment for the purposes of section 154 of that Act is or includes section 239(4)(c) above, then subsection (3) below applies for the purpose of assessing compensation in respect of the compulsory acquisition. (2) Where there are proposals for the provision of a lorry area on land adjoining, or in the vicinity of, a special road or proposed special road then, if that land, or any land of which that land forms part, is compulsorily acquired— (a) under section 240(5) above in a case where the acquisition is authorised by a compulsory purchase order which does not also authorise the acquisition of land required for the provision of the adjacent length of special road, or (b) in pursuance of a notice under section 137 of the Town and Country Planning Act 1990, in a case where the Upper Tribunal is satisfied that there are proposals for using the whole or part of the relevant land for the purpose of providing a lorry area, in connection with the special road, and that the amount of the compensation would apart from this section be affected by the provision or proposed provision of the special road, or (c) in pursuance of a notice under section 150 or 161 of that Act in a case where the appropriate enactment for the purposes of section 154 of that Act is or includes section 240(5) above, subsection (3) below applies for the purpose of assessing compensation in respect of the compulsory acquisition. (3) In any such case as is mentioned in subsection (1) or (2) above the value of the relevant interest shall be ascertained— (a) so far as it is attributable to any relevant planning permission, on the assumption that traffic carried by the special road will not have direct or indirect access to the relevant land; and (b) so far as it is not attributable to any such planning permission, on the assumption that traffic carried by the special road will not have direct access to the relevant land. (4) In this section— “direct access” means access otherwise than by means of a highway which is not a special road and “indirect access” means access by means of a highway which is not a special road; “lorry area development” means development for the purpose of providing a lorry area for use in connection with a special road or proposed special road; “relevant planning permission” means any planning permission for service area development or, as the case may be, lorry area development, which is in force on the date of service of the notice to treat, or as to the grant of which any assumption is required to be made by virtue of section 15 of the Land Compensation Act 1961, or the possibility of the grant of which is taken into account in assessing the compensation; “service area development” means development of the relevant land, or of any part of it, for the purpose of providing such service stations or other buildings or facilities as are mentioned in section 239(4)(c) above or of providing any other buildings or facilities designed to cater to a significant extent for traffic carried or to be carried by the special road; and any expression which is also used in the Land Compensation Act 1961 has the same meaning as in that Act.

263 Vesting of highways maintainable at public expense.

(1) Subject to the provisions of this section, every highway maintainable at the public expense, together with the materials and scrapings of it, vests in the authority who are for the time being the highway authority for the highway. (2) Subsection (1) above does not apply— (a) to a highway with respect to the vesting of which, on its becoming or ceasing to be a trunk road, provision is made by section 265 below, or (b) to a part of a trunk road with respect to the vesting of which provision is made by section 266 below, or (c) to a part of a special road with respect to the vesting of which provision is made by section 267 below. (3) Where a scheme submitted to the Minister jointly by two or more ... highway authorities under section 16 above determines which of those authorities are to be the special road authority for the special road or any part of it (“the designated authority”) and the designated authority are not the highway authority for the road or that part of it, the road or that part of it vests in the designated authority. (4) Where— (a) the responsibility for the maintenance of a bridge or other part of a highway is transferred to a highway authority by means of an order under section 93 above, but the property in it is not so transferred, or (b) the responsibility for the maintenance of a part of a highway is transferred to a highway authority in pursuance of an agreement made under section 94 above, but the property in that part is not so transferred, the part of the highway in question does not by virtue of subsection (1) above vest in that highway authority. (5) Notwithstanding anything in subsection (1) above, any such material as is referred to in that subsection which is removed from a highway by a non-metropolitan district council in exercise of their powers under section 42, 50 or 230(7) above vests in the district council and not in the highway authority.

264 Vesting of drains etc. of certain roads.

(1) The drains belonging to a road for which the council of a county or metropolitan district are the highway authority vest in the council of the county or metropolitan district in which the road is situated and where any other drain or any sewer was at the material date used for any purpose in connection with the drainage of such a road, that council continue to have the right of using the drain or sewer for that purpose. For the purposes of this subsection the material date is— (a) in the case of any highway which first became maintainable at the public expense before the commencement of this Act, the date on which it first became so maintainable or 1st April 1974, whichever date was later; and (b) in the case of any highway which first becomes maintainable at the public expense after the commencement of this Act, the date on which it first becomes so maintainable. (2) The drains belonging to a highway— (a) which immediately before the date of the abolition of the Greater London Council under the Local Government Act 1985 was a metropolitan road; and (b) which did not become a trunk road on that date by virtue of an order made under paragraph 53 of Schedule 4 to that Act, vest in the council of the London borough in which the highway is situated or, if it is situated in the City in the Common Council, and where any other drain or sewer was, at the date when the highway became a metropolitan road, used for any purpose in connection with the drainage of that highway, that council shall have the right of using the drain or sewer for that purpose. (3) Any difference arising under this section— (a) between a county council and a non-metropolitan district council— (i) as to the council in whom a drain is vested, or (ii) as to the use of a drain or sewer; (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (c) between a county council , metropolitan district council or London borough council or the Common Council, on the one hand, and a sewerage undertaker, on the other, as to the use of a sewer; shall, if either party to the dispute so elect, be referred to and determined by the Secretary of State. (4) Subsection (3)(a) above does not apply in Wales.

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

(1) Where a highway becomes a trunk road, then, subject to the provisions of this section, as from the date on which the highway becomes a trunk road (“the operative date”), there are transferred to the Minister or the strategic highways company, whichever is highway authority for the trunk road, by virtue of this section— (a) the highway, in so far as, immediately before the operative date, it was vested in the former highway authority, (b) the property mentioned in subsection (3) below, in so far as, immediately before the operative date, it was vested— (i) in the former highway authority for the purposes of their functions in relation to the highway, or (ii) in a council for the purposes of functions in relation to the highway under any enactment to which this section applies, and (c) all liabilities incurred by any such authority or council for the purposes of their functions in relation to the highway and not discharged before the operative date, other than loans and loan charges, and the highway and other property so transferred vest, by virtue of this section, in the Minister or the company. (2) There is not transferred to the Minister or a strategic highways company by virtue of this section any right or liability in respect of— (a) work done, services rendered, goods delivered, or money due for payment, before the operative date, or (b) damages or compensation for any act or omission before that date, or (c) the price of, or compensation for, any land purchased, or for which a contract to purchase has been concluded, before that date. (3) The property referred to in subsection (1)(b) above is— (a) land, other than land— (i) vested in the former highway authority for the purpose of being used for the storage of materials required wholly or mainly for the maintenance and improvement of other highways, or (ii) acquired for the improvement or development of frontages to the highway, or of land adjoining or adjacent to the highway, and (b) all other property (including the unexpended balances of any grants paid by the Minister to the former highway authority, or to any council for the purposes of their functions in relation to the highway), other than— (i) materials to be used for the maintenance or improvement of the highway, and (ii) the unexpended balances of any loans raised by the former highway authority, or by any council for the purposes of their functions in relation to the highway. (4) Any property vested in the Minister or a strategic highways company by virtue of this section shall be held by him or the company subject to all covenants, conditions and restrictions subject to which the property was held by the authority or council from whom it was transferred and to all liabilities affecting the property, except liabilities referred to in subsection (2) above. (5) The Minister or the strategic highways company and the former highway authority may agree, on such terms as they think fit— (a) that any property or liabilities (except loans and loan charges) acquired or incurred by the former highway authority for the purposes of their functions in relation to a highway which has become a trunk road, other than property or liabilities transferred to the Minister or the strategic highways company by virtue of this section, shall be transferred to him or the company, or (b) that any property or liabilities transferred to the Minister or the strategic highways company by virtue of this section shall be re-transferred to the authority. (6) Any dispute between the Minister or a strategic highways company and any person as to the property or liabilities transferred by virtue of this section shall be determined by arbitration. (7) The foregoing provisions of this section apply in a case where a trunk road ceases to be a trunk road (otherwise than by virtue of section 10(8) above) in like manner as they apply where a highway becomes a trunk road, with the substitution— (a) for the references to the former highway authority and to a council, of references to the Minister or a strategic highways company, and (b) for references to the Minister or a strategic highways company, of references to the council who become the highway authority for the road or, so far as relates to property and liabilities vested in or incurred by the Minister or a strategic highways company for the purposes of any functions under any enactment to which this section applies, to the council who are to exercise those functions in relation to the road. (8) The former highway authority shall produce to the Minister or the strategic highways company such documents relating to their functions, property and liabilities in respect of a highway which has become a trunk road, and furnish to him or it such other information relating to those matters, as he or it may require. (9) Schedule 21 to this Act has effect for the purpose of providing for transitional matters arising where a highway becomes a trunk road or a trunk road ceases to be a trunk road. (10) The enactments to which this section applies are sections 42, 50, 230(7) and 271 of this Act and sections 1, 23 and 85 of the Road Traffic Regulation Act 1984. (11) For the purposes of this section— “former highway authority” means, in relation to a highway which has become a trunk road, the council in whom the highway was vested immediately before it became a trunk road; and “property” includes property, rights and powers of every description.

266 Transfer to Ministeror a strategic highways company of privately maintainable bridges carrying trunk roads.

(1) Where a highway comprising a bridge to which this section applies becomes a trunk road, the bridge by which that highway is carried is, subject to subsection (2) below, transferred to the Ministeror a strategic highways company, whichever is highway authority for the trunk road (“the trunk road authority”), by virtue of this section on the date on which the highway becomes a trunk road (“the transfer date”). (2) If on the transfer date a part of the highway carried by the bridge is not a trunk road, the bridge is not transferred to the trunk road authority by virtue of this section unless and until that part becomes a trunk road. (3) Where a bridge is transferred to the trunk road authority by virtue of this section, then, subject to subsection (4) below— (a) the bridge, including any building or structure comprised in it and the highway carried by it, vests by virtue of this section in the authority for all the estate or interest of the owners therein, and (b) any statutory provision in force, in relation to the bridge, for the protection or benefit of statutory undertakers has effect, subject to any necessary modifications, as if for any reference therein to the owners of the bridge there were substituted a reference to the authority. (4) The trunk road authorityand the owners may, by agreement in writing made either before or after the transfer date, agree that the provisions of subsection (3) above with respect to the transfer of property shall not apply or, as the case may be, shall be deemed not to have applied, to such property comprised in the bridge as may be specified in the agreement. (5) In respect of any bridge which is transferred to the trunk road authority by virtue of this section, the authority shall pay to the owners such sum as may be agreed between the authority and the owners, or in default of agreement such sum as may be determined by arbitration to represent the value to the owners of the bridge as an asset productive of revenue. For the purposes of this subsection a bridge is not to be treated as an asset productive of revenue unless at the time when the bridge is transferred by virtue of this section— (a) a contract is in force under which payments have been made or will accrue to the owners in respect of the use of the bridge; or (b) the bridge includes a building constructed or adapted for use by the owners for the purposes of their undertaking or for letting to some other person. (6) Where a bridge transferred to thetrunk road authority by virtue of this section carries the highway over a railway, canal, way or other works used for the purposes of an undertaking carried on by the owners, then, so long as those works are so used— (a) the authority shall, before entering on any land of the owners for the purpose of executing works for the maintenance, improvement or alteration of the bridge, give notice to the owners specifying the general nature of the works proposed to be executed; (b) except with the consent of the owners, the authority shall not reduce the headway or any span of the bridge; and (c) if the headway of the bridge is reduced in consequence of subsidence due to mining operations, or of works carried out by the owners for the purpose of raising the railway, canal, way or other works to a level not higher than their level before the subsidence occurred, the authority shall, if so required by the owners, raise the bridge so far as may be necessary to give the same headway as before the subsidence occurred. (7) A consent required for the execution of works by the trunk road authority under subsection (6) above shall not be unreasonably withheld, and any question whether the withholding of such a consent is unreasonable shall be determined by arbitration. (8) Any dispute between the trunk road authority and any person as to the property or liabilities transferred by virtue of this section, or as to the liability imposed on the trunk road authority by subsection (6)(c) above to carry out works, shall be determined by arbitration. (9) This section applies to all bridges (not being highways maintainable at the public expense) which carry the highway over a railway or highway or over a canal, river, watercourse, marsh or other place where water flows or is collected or over a ravine or other depression, other than— (a) swing bridges, (b) bridges which carry a railway as well as a highway, and (c) bridges to which a right to levy tolls is attached; but this section does not apply to Rochester Bridge. (10) In this section— “bridge” includes so much of the approaches thereto as supports or protects the surface of the trunk road; “owners”, in relation to a bridge, means the persons who immediately before the transfer of the bridge to the trunk road authoritywere responsible for the maintenance of it, and includes any persons who, in pursuance of any agreement with the persons so responsible, were then discharging that responsibility on their behalf.

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

(1) This section applies where, by virtue of an order made by the Greater London Authority under section 14B(2) above, a highway or proposed highway becomes, or ceases to be, a GLA road. (2) As from the operative date there are transferred to the new highway authority by virtue of this section— (a) the property mentioned in subsection (4) below, in so far as, immediately before the operative date, it was vested in the former highway authority for the purposes of their functions in relation to the transferred highway, and (b) all liabilities incurred by any such authority for the purposes of its functions in relation to the transferred highway and not discharged before the operative date, other than loans and loan charges, and the property and liabilities so transferred vest, by virtue of this section, in the new highway authority. (3) There is not transferred to the new highway authority by virtue of this section any right or liability in respect of— (a) work done, services rendered, goods delivered, or money due for payment, before the operative date, or (b) damages or compensation for any act or omission before that date, or (c) the price of, or compensation for, any land purchased, or for which a contract to purchase has been concluded, before that date. (4) The property referred to in subsection (2)(a) above is— (a) land, other than land— (i) vested in the former highway authority for the purpose of being used for the storage of materials required wholly or mainly for the maintenance and improvement of other highways, or (ii) acquired for the improvement or development of frontages to the highway, or of land adjoining or adjacent to the highway, and (b) all other property (including unexpended balances of any grants paid by the Minister to the former highway authority), other than— (i) materials to be used for the maintenance or improvement of the highway, and (ii) the unexpended balances of any loans raised by the former highway authority. (5) Any property vested in the new highway authority by virtue of this section shall be held by it subject to all covenants, conditions and restrictions subject to which the property was held by the former highway authority and to all liabilities affecting the property, except liabilities referred to in subsection (3) above. (6) The new highway authority and the former highway authority may agree, on such terms as they think fit— (a) that any property or liabilities (except loans and loan charges) acquired or incurred by the former highway authority for the purposes of their functions in relation to the transferred highway, other than property or liabilities transferred to the new highway authority by virtue of this section, shall be transferred to the new highway authority, or (b) that any property or liabilities transferred to the new highway authority by virtue of this section shall be re-transferred to the former highway authority. (7) Any dispute between the new highway authority and any other person as to the property or liabilities transferred by virtue of this section shall be determined by arbitration. (8) Paragraphs 1 and 3 to 8 of Schedule 21 to this Act shall have effect for the purpose of providing for transitional matters arising where a highway or proposed highway becomes, or ceases to be, a GLA road as it applies where a highway becomes, or ceases to be, a trunk road; but in having such effect those paragraphs shall be treated as if— (a) for the references to a trunk road there were substituted references to a GLA road, and (b) for the references to the Minister or a strategic highways company there were substituted references to the new highway authority (within the meaning of this section). (9) For the purposes of this section— “ former highway authority ” means the highway authority for the transferred highway immediately before the operative date; “ new highway authority ” means the highway authority for the transferred highway immediately after the operative date; “ operative date ” means the date on which the highway or proposed highway becomes, or ceases to be, a GLA road; “ property ” includes property, rights and powers of every description; and “ transferred highway ” means the highway or proposed highway which is the subject of the order under section 14B(2) above.

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

(1) This section applies where, by virtue of an order made by the Greater London Authority under section 14B(2) above, a highway or proposed highway becomes, or ceases to be, a GLA road. (2) The Greater London Authority may, if it is necessary in connection with the highway becoming, or ceasing to be, a GLA road, by order make schemes containing provision for or in connection with the transfer from the former highway authority to the new highway authority of rights and liabilities under contracts of employment. (3) The rights and liabilities which may be transferred by such a scheme include rights and liabilities which would not otherwise be capable of being transferred or assigned. (4) Subsections (5) to (7) below apply where any rights or liabilities under a contract of employment are transferred by virtue of this Act. (5) Anything done by or in relation to the former highway authority in respect of the employee before the day on which the transfer of the rights and liabilities takes effect shall be treated on and after that day as done by or in relation to the new highway authority. (6) For the purposes of Part XI of the Employment Rights Act 1996 (redundancy payments etc) the employee shall not be regarded as having been dismissed by virtue of the transfer. (7) For the purposes of that Act, the employee’s period of employment with the former highway authority shall count as a period of employment with the new highway authority, and the change of employment shall not break the continuity of the period of employment. (8) An order under this section shall be of no effect unless— (a) it is made with the consent of the relevant highway authority; or (b) if that consent is refused, it is confirmed (with or without modification) by the Secretary of State. (9) For the purposes of subsection (8) above, the relevant highway authority is— (a) in a case where the order under section 14B above directs that a highway or proposed highway shall become a GLA road, the former highway authority; and (b) in a case where the order directs that a GLA road shall cease to be such a road, the new highway authority. (10) Section 266A(9) above also applies for the purposes of this section.

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

(1) Where the route prescribed by a scheme under section 16 above authorising the provision of a special road by a local highway authority includes a highway carried by a bridge which, if the special road were a trunk road, would be transferred to the Ministeror a strategic highways company, by virtue of section 266 above, any order under section 18 above by which the highway is appropriated by or transferred to the special road authority may provide for the transfer of the bridge to that authority. (2) Where a bridge is so transferred to a special road authority, subsections (3) to (8) of section 266 above apply as they apply in relation to a bridge transferred by virtue of that section and accordingly have effect as if, for references therein to the trunk road authority and to the trunk road there were substituted references to the special road authority and to the special road; and no order shall be made by virtue of section 268 below in respect of liabilities of the owners of the bridge. (3) In this section “bridge” and “owners” are to be construed in accordance with section 266(10) above, but with the substitution, in the definition of “owners”, of a reference to the special road authority for the reference to the trunk road authority.

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

(1) Where provision is made by an order under section 14 or 18 above— (a) for transferring a highway from one highway authority to another, (b) for enabling a highway authority to alter a highway vested in another, or (c) in the case of an order under section 18 above, for authorising or requiring any functions of a local authority (within the meaning of that section) to be exercised by a highway authority, the order may, subject to section 267(2) above, transfer to the highway authority to whom the highway is transferred, or in whom it is vested, or by whom those functions are to be exercised, any property, rights or liabilities (other than loans or loan charges) vested in or incurred by the other authority in connection with the highway or the alteration, or for the purposes of those functions, as the case may be. (2) An order transferring property, rights or liabilities under subsection (1) above may for that purpose (whether or not the highway in question is a trunk road) apply any of the provisions of section 265 above, subject to such modifications as may be specified in the order. (3) No order relating to a trunk road under section 14 above shall provide for transferring to any authority (except by agreement with that authority) any bridge over or tunnel under the trunk road, as distinct from the highway carried by the bridge or through the tunnel, and from any approaches to the bridge or tunnel. (4) No order relating to a classified road under section 14 above and no order under section 18 above shall provide for transferring to any authority (except by agreement with that authority) any bridge over or tunnel under a classified road or, as the case may be, a special road, as distinct from the highway carried by the bridge or through the tunnel, and from any approaches to the bridge or tunnel.

269 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

270 Transfer of lighting systems.

(1) In this section— “footway lighting system” means a system of lighting, provided for a highway, which satisfies the following conditions, namely, that either— (a) no lamp is mounted more than 13 feet above ground level, or (b) no lamp is mounted more than 20 feet above ground level and there is at least one interval of more than 50 yards between adjacent lamps in the system. or such other conditions as may be prescribed by order of the Minister in substitution for the above-mentioned conditions; “road lighting system” means a lighting system that is not a footway lighting system; and references in this section, as respects a transfer from a lighting authority to a highway authority, to “the agreed date” are references to such date as may be determined by agreement between the two authorities or, in default of such agreement, as the Minister may direct. (2) Subsections (3) to (6) below have effect where a road lighting system is at any time provided by a lighting authority for the purposes of a highway for which they are not the highway authority, and this includes cases where a footway lighting system maintained by a lighting authority other than the highway authority becomes a road lighting system— (a) in consequence of any order made by the Minister under subsection (1) above (as respects the conditions referred to in the definition of “footway lighting system”), or (b) in consequence of any alterations effected by the lighting authority. (3) On the agreed date there are transferred to the highway authority— (a) all lamps, lamp-posts and other apparatus which, immediately before the agreed date, were vested in the lighting authority as part of the road lighting system; and (b) except as provided by subsection (4) below, all other property or rights which, immediately before the agreed date, were vested in the lighting authority for the purposes of that system, and all liabilities incurred by that authority for those purposes and not discharged before that date; and any property or rights so transferred vest, by virtue of this section, in the highway authority. (4) There is not transferred to a highway authority by virtue of this section any right or liability of a lighting authority in respect of work done, services rendered, goods (including gas and electricity) supplied or money due for payment before the agreed date, and there is not transferred to the Minister by virtue of this section any liability of a lighting authority in respect of loans or loan charges. (5) A highway authority and a lighting authority, or any two or more highway authorities, may make agreements with respect to the transfer of property, rights and liabilities under this section, including agreements— (a) for defining the property, rights and liabilities thereby transferred to the highway authority or any of those authorities, and (b) for the transfer or retention of property, rights or liabilities held or incurred for the purposes of two or more road lighting systems, or partly for the purposes of such a lighting system and partly for other purposes. (6) Any dispute between the authorities concerned as to the property, rights or liabilities transferred by this section shall be determined— (a) where the Minister is one of those authorities, by arbitration; (b) in any other case, by the Minister. (7) If in the case of a road or part of a road in which a footway lighting system is maintained by a lighting authority other than a highway authority the highway authority propose to provide a road lighting system (either as a separate system or by means of alterations of the footway lighting system), they may give notice to that effect to the lighting authority; and where such notice is given subsections (2) to (6) above apply in relation to the footway lighting system as if for the references in subsections (3) and (4) to the agreed date there were substituted references to such date as may be specified for the purpose in the notice.

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

(1) Where a person has by virtue of a charter or special Act the right to charge tolls in respect of the use of a highway, then, an appropriate authority— (a) may agree with that person that he shall, on such terms as may be agreed, or (b) subject to the provisions of this section, may by a notice to treat require that person to, transfer that right to the appropriate authority, together with the property in the highway and all his other property, rights and obligations under the charter or special Act (being property, rights and obligations connected with the highway), or such of them as may be specified in the agreement or, as the case may be, the notice to treat. For the purposes of this section the following are appropriate authorities:— (i) in the case of a trunk road for which he is the highway authority , the Minister; (ia) in the case of a trunk road for which it is the highway authority, a strategic highways company; (ii) in the case of any other highway, except a highway in a London borough or the City, the council of the county or metropolitan district in which the highway is situated; (iii) in the case of a highway in a London borough or the City, other than a trunk road, the council of the borough or the Common Council, as the case may be. . . . (2) Upon the making of the transfer under subsection (1) above the right to charge tolls and any other property, rights or obligations transferred vest in and are exercisable by and imposed upon the appropriate authority. (3) The consideration to be paid to any person for a compulsory transfer under this section shall, in default of agreement, be determined by the Upper Tribunal, and the rules in section 5 of the Land Compensation Act 1961 apply to the calculation of any such consideration. (4) Subject to any agreement with respect to the date of transfer, the person on whom a notice to treat is served under this section shall, on payment to him of the consideration determined as provided by subsection (3) above, transfer to the appropriate authority all such property, rights and obligations vested in or imposed upon him as are required by the notice to treat to be so transferred. (5) A council in whose area part only of the highway is situated have in relation to that highway the same powers as they would have under subsection (1) above if the highway were wholly situated within their area, but shall not exercise those powers except in pursuance of an agreement made under subsection (6) below. (6) Any two or more councils having under either subsection (1) or subsection (5) above powers in relation to a highway may enter into agreements with respect to the exercise of those powers by one council on behalf of the other or others of them and with respect to the making of contributions by any of them towards the expenses of any action so taken; and where those powers are exercised in pursuance of any such agreement the transfer of the highway and any other property, rights and obligations to be transferred shall be made to such council or councils as may be provided by the agreement. (7) The provisions of this section with respect to compulsory transfers shall not apply in relation to— (a) a highway vested in dock undertakers as such, (b) a highway vested in harbour undertakers as such, or (c) the property in a bridge vested in railway undertakers.

272 Advances for highway purposes.

(1) Subject to subsection (4) below, the Minister may, with the approval of the Treasury, make advances to a highway authority for any of the purposes mentioned in paragraphs (a) to (k) below, or in respect of the expenses mentioned in paragraph (l) or (m) below:— (a) the construction of a highway which is to be a highway maintainable at the public expense; (b) the maintenance of a highway; (c) the improvement of a highway; (d) the provision, maintenance and improvement of a road-ferry; (e) the acquisition of highway land; (f) the provision of a lorry area or the exercise of any other power under section 115 above; (g) the provision of public sanitary conveniences on or under land forming part of, or adjoining, or in the vicinity of, a highway or proposed highway; (h) the provision of a new means of access to a highway in pursuance of any such order as is mentioned in paragraph (i) below or under section 129 above; (i) the stopping up of a private means of access in pursuance of an order made under section 14, 18 or 124 above, or an order made under section 248 of the Town and Country Planning Act 1990, or in pursuance of an agreement made under section 127 above; (j) the exercise of any powers conferred by section 246 or 253 above or section 282 below; (k) the discharge or exercise of any duty or power imposed or conferred on the authority under section 20 of the Land Compensation Act 1973; (l) any amount by which the annual expenditure incurred by the authority in maintaining highway land during the period between its acquisition and the construction or improvement of the highway in question, and in the payment of loan charges accruing due during that period in respect of any debt incurred by the authority for the purpose of acquiring the land, exceeds the annual income accruing to the authority from the land during that period; (m) any loan charges accruing due after the end of the period mentioned in paragraph (l) above in respect of any money borrowed by the authority for the purpose of acquiring highway land; or may, with the like approval, and in conjuction with a local highway authority, make advances to some other person for any of the said purposes. In paragraph (e) above “highway land” means land which the Minister is satisfied that the authority have acquired or are to acquire with a view to the construction of a new highway or the improvement of an existing highway, and in pararaphs (l) and (m) above it means land which the Minister is satisfied that the authority have acquired with a view as aforesaid; and in paragraphs (l) and (m) above “loan charges”, in relation to any borrowed money, means the sums required for the payment of interest on that money and for the repayment of it either by instalments or by means of a sinking fund. (2) The purposes for which advances maybe made by the Minister under paragraphs (a) to (k) of subsection (1) above include the carrying out of surveys with a view to ascertaining the need for the construction or improvement of highways (whether or not any such construction or improvement is carried out) and other purposes incidental or conducive to the purposes described in those paragraphs. (3) The power of the Minister to make advances to himself in his capacity of highway authority for any purpose specified in subsection (1) above is a power conferred on him to expend money for that purpose. (4) The power of the Minister to make advances to a local highway authority under subsection (1) above is exercisable only in cases where it appears to him that, notwithstanding the grants for which provision is made in Part I of the Local Government Act 1974, the whole or any part of any expenditure in respect of which any advances could be made under subsection (1) above should not fall on that authority. (5) The Minister may, with the approval of the Treasury, make advances to a district council in respect of any work done by them in a highway in exercise of their powers under section 96 above. (5A) In relation to any work done in exercise of their powers under section 96 by a Welsh council in a highway within their area for which they are not the highway authority, subsection (5) above applies as though the reference to a district council were a reference to the Welsh council. (6) The Minister may make advances under this section either by way of grant or by way of loan, or partly in one way and partly in the other, and on such terms and subject to such conditions as he thinks fit. (7) In deciding whether to make an advance under this section in respect of a work the execution of which will require the employment of labour on a considerable scale, the Minister shall have regard to the general state and prospects of employment.

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

The council of a county may contribute towards the expenses incurred by the council of any district in the county in exercise of their powers under section 96 above.

274 Contributions by councils towards expenses of highway authorities.

A council may contribute towards any expenses incurred or to be incurred by a highway authority if, in the opinion of the council, the expenditure is or will be of benefit to the council’s area.

274A Contributions by parish or community councils.

A parish council or community council may contribute towards any expenses incurred or to be incurred by a highway authority in constructing, removing or maintaining— (a) traffic calming works, or (b) other works (including signs or lighting) required in connection with traffic calming works, if, in the opinion of the council, the expenditure is or will be of benefit to their area.

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

A council or a local planning authority may defray or contribute towards, or undertake to defray or contribute towards, the expenses incurred or to be incurred by any other council or local planning authority for the purposes of— (a) the provisions of Part III of this Act relating to the creation of footpaths , bridleways and restricted byways by means of public path creation agreements or public path creation orders, to the making up of footpaths , bridleways and restricted byways and to the payment of compensation for loss caused by a public path creation order; (b) the provisions of Part VIII of this Act relating to the making of public path extinguishment orders and public path diversion orders, to the making up of footpaths , bridleways and restricted byways and to the payment of compensation for loss caused by any such order.

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

Where it appears to the Minister that the execution or maintenance by the Environment Agency, the Natural Resources Body for Wales or an internaldrainage board of any drainage works is desirable for the protection or enjoyment of a trunk road, he may make such contributions as he thinks fit towards any expenses incurred by that bodyin the execution or maintenance of those works.

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

Where a trunk road carried by a bridge vested in the Minister or a strategic highways company by virtue of section 266 above ceases to be a trunk road, the Ministeror the company may contribute towards the expenses to be incurred in the maintenance of the bridge by the council who become the highway authority for the road. In this section “bridge” includes the highway carried by the bridge and so much of the approaches thereto as supports or protects the surface of the trunk road.

278 Agreements as to execution of works.

(1) A highway authority may, if they are satisfied it will be of benefit to the public, enter into an agreement with any person— (a) for the execution by the authority of any works which the authority are or may be authorised to execute, or (b) for the execution by the authority of such works incorporating particular modifications, additions or features, or at a particular time or in a particular manner, on terms that that person pays the whole or such part of the cost of the works as may be specified in or determined in accordance with the agreement. (2) Without prejudice to the generality of the reference in subsection (1) to the cost of the works, that reference shall be taken to include— (a) the whole of the costs incurred by the highway authority in or in connection with— (i) the making of the agreement, (ii) the making or confirmation of any scheme or order required for the purposes of the works, (iii) the granting of any authorisation, permission or consent required for the purposes of the works, and (iv) the acquisition by the authority of any land required for the purposes of the works; and (b) all relevant administrative expenses of the highway authority, including an appropriate sum in respect of general staff costs and overheads. (3) The agreement may also provide for the making to the highway authority of payments in respect of the maintenance of the works to which the agreement relates and may contain such incidental and consequential provisions as appear to the highway authority to be necessary or expedient for the purposes of the agreement. (4) The fact that works are to be executed in pursuance of an agreement under this section does not affect the power of the authority to acquire land, by agreement or compulsorily, for the purposes of the works. (5) If any amount due to a highway authority in pursuance of an agreement under this section is not paid in accordance with the agreement, the authority may— (a) direct that any means of access or other facility afforded by the works to which the agreement relates shall not be used until that amount has been paid, (b) recover that amount from any person having an estate or interest in any land for the benefit of which any such means of access or other facility is afforded, and (c) declare that amount to be a charge on any such land (identifying it) and on all estates and interests therein. (6) If it appears to the highway authority that a direction under subsection (5)(a) is not being complied with, the authority may execute such works as are necessary to stop up the means of access or deny the facility, as the case may be, and may for that purpose enter any land. (7) Where a highway authority recovers an amount from a person by virtue of subsection (5)(b), he may in turn recover from any other person having an estate or interest in land for the benefit of which the means of access or other facility was afforded such contribution as may be found by the court to be just and equitable. This does not affect the right of any of those persons to recover from the person liable under the agreement the amount which they are made to pay. (8) The Local Land Charges Act 1975 applies in relation to a charge under subsection (5)(c) in favour of the Secretary of State as in relation to a charge in favour of a local authority.

279 Borrowing power of councils.

A council may borrow for the purposes of this Act.

280 Application of certain sums payable to local highway authorities.

(1) Any sum paid to, or recovered by, a local highway authority under any of the provisions of this Act mentioned in subsection (2) below, being a sum which for the purpose of any such provision is a lump sum, and so much of any other sum paid to, or recovered by, any such authority under any of those provisions as represents capital, shall be applied by the authority for purposes for which capital money is applicable by them. (2) The provisions of this Act referred to in subsection (1) above are sections 53(3) and (4), 54(1) and (2), 55(2) to (4) and 255(4), and paragraph 19 of Schedule 11.

281 Exemption from stamp duty.

If the Minister certifies that any stamp duty which, but for this section, would be payable on any instrument made by, to or with him in relation to a highway or proposed highway which is, or is to become, a trunk road would be payable as an expense incurred by him under this Act, that stamp duty is not payable.

281A Stamp duty land tax

(1) A land transaction to which the Minister is a party is exempt from charge for the purposes of stamp duty land tax if— (a) the transaction relates to a highway or proposed highway which is, or is to become, a trunk road, and (b) but for this section stamp duty land tax would be payable in respect of the transaction as an expense incurred by the Minister under this Act. (2) Relief under this section must be claimed in a land transaction return or an amendment of such a return. (3) In this section— “land transaction” has the meaning given by section 43(1) of the Finance Act 2003; “land transaction return” has the meaning given by section 76(1) of that Act.

281B Power to provide for fees for certain services

(1) The appropriate national authority may by regulations make provision for, or in connection with, the charging of fees to highway authorities by prescribed public authorities, in relation to the provision of relevant services. (2) A “relevant service” means any advice, information or other assistance (including a response to a consultation) provided, whether or not to a highway authority, in connection with— (a) an order made, or proposed to be made, under Part 2, 6 or 12, or (b) any other prescribed matter relating to any of those Parts. (3) The regulations under subsection (1) may, in particular, make provision— (a) about when a fee (including a supplementary fee) may, and may not, be charged; (b) about the amount which may be charged; (c) about what may, and may not, be taken into account in calculating the amount charged; (d) about which highway authority is liable to pay a fee charged; (e) about when a fee charged is payable; (f) about the recovery of fees charged; (g) about waiver, reduction or repayment of fees; (h) about the effect of paying or failing to pay fees charged (including provision permitting a prescribed public authority to withhold a relevant service that it would otherwise be required to provide under an enactment until any outstanding fees for that service are paid); (i) for the supply of information for any purpose of the regulations; (j) conferring a function, including a function involving the exercise of a discretion, on any person. (4) A prescribed public authority must have regard to— (a) any guidance published by the Secretary of State in relation to the exercise of the authority’s functions under regulations made under this section by the Secretary of State; (b) any guidance published by the Welsh Ministers in relation to the exercise of the authority’s functions under regulations made under this section by the Welsh Ministers. (5) Regulations under this section may make— (a) different provision for different purposes or areas; (b) incidental, consequential, supplementary, transitional or transitory provision or savings. (6) In this section— “appropriate national authority” means— in relation to England, the Secretary of State, and in relation to Wales, the Welsh Ministers; “prescribed” means prescribed by regulations made by the appropriate national authority under this section; “public authority” means any person certain of whose functions are of a public nature.

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

(1) A highway authority may carry out— (a) on land acquired by them under section 246 above; (b) on any other land belonging to them; (c) on any highway for which they are the highway authority; (d) on any highway which they have been authorised to improve or construct by virtue of an order under section 14 or 18 above, works for mitigating any adverse effect which the construction, improvement, existence or use of a highway has or will have on the surroundings of the highway. (2) Without prejudice to the generality of subsection (1) above, the works that may be carried out under that subsection include the planting of trees, shrubs or plants of any other description and the laying out of any area as grassland. (3) A highway authority may develop or redevelop any land acquired by them under section 246 above, or any other land belonging to them, for the purpose of improving the surroundings of a highway in any manner which they think desirable by reason of its construction, improvement, existence or use.

283 Power of Minister to conduct experiments.

(1) The Minister may, either by himself or through an authority or other organisation approved by him, conduct experiments or trials for the purpose of— (a) improving the construction of highways, road-ferries or subways, or (b) testing the effect of various classes of vehicles on various types of highways. (2) The Minister may construct such highways and works, erect such plant, and provide such accommodation, as may be necessary for the purpose of conducting an experiment or trial under this section. (3) An experiment or trial under this section shall not be conducted on any highway except with the consent of the highway authority or other person responsible for the maintenance of the highway. (4) If damage is caused to the property of any person by anything done in exercise of the powers conferred by this section, that person is entitled to recover from the Minister compensation in respect of the damage. A person is not entitled to compensation under this subsection if the damage was caused by his own negligence; and if his own negligence contributed to the damage the compensation shall be reduced accordingly.

284 Powers of Ministeror strategic highways company in relation to privately maintainable parts of trunk roads.

Where a trunk road comprises a highway which a person is liable to maintain under a charter or special enactment or by reason of tenure, enclosure or prescription, the Ministeror a strategic highways company, whichever is highway authority for the trunk road, is entitled to exercise in relation to that highway any power which he would be entitled to exercise in relation thereto if that highway were a highway maintainable at the public expense.

284A Trunk roads: miscellaneous functions of Secretary of Stateand strategic highways company .

The persons who may exercise the functions conferred by— (a) section 40 of the Public Health Acts Amendment Act 1890 (cabmen’s shelters); (b) section 42 of that Act (statutes and monuments); (c) section 14 of the Public Health Act 1925 (public drinking fountains, seats, etc. ), shall, in relation to a trunk road for which the Secretary of State is highway authority, include the Secretary of State and, in relation to a trunk road for which a strategic highways company is the highway authority, include that company.

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

(1) Subject to subsection (3) below, where the Minister of Transport, after consultation with the highway authority, is of the opinion that, with a view to facilitating the movement of traffic it is expedient for works to be executed for the improvement of a highway in Greater London to which this section applies, being works which the highway authority could execute and which do not involve the widening of the highway, then— (a) the highway authority shall, within 3 months of being notified of that fact, inform the Minister. . . whether they are prepared to undertake those works and, if so, within what time; and (b) if the Minister. . . at the expiration of the said 3 months is not satisfied that the highway authority will with reasonable dispatch undertake those works (or within the said 3 months is satisfied that they will not), the Minister. . . may execute those works or other works appearing to him. . . to secure the same or an equivalent improvement of the highway. For the purposes of this subsection it is not to be treated as widening a highway to take into the highway land not forming part of it but situated within its outer limits. (2) The highways to which subsection (1) above applies are highways for which a London borough council or the Common Council are the highway authority. . . (3) The Minister shall exercise his powers under subsection (1) above only if he considers it necessary in connection with any order made or proposed to be made by him under section 6 or section 9 of the Road Traffic Regulation Act 1984 by virtue of paragraph 3 or paragraph 7 of Schedule 9 to that Act. (4) Where the Minister executes or proposes to execute works under this section for the improvement of a highway, then for the purpose of or in connection with the execution of those works— (a) he. . . shall (subject to the following provisions of this section) have all the powers and rights, and be subject to all the obligations and liabilities, of the highway authority; and (b) he. . . may exercise of his. . . own motion any powers which, if the works were executed by the highway authority, he. . . could exercise on the application of that authority; and (c) he. . . may do or require the highway authority to do anything which that authority has power to do in some capacity other than that of highway authority. (5) Where the Minister executes works under this section for the improvement of a highway the amount of his. . . expenses in connection therewith, as certified by him. . . , shall (except. . . in so far as they may be met by any grant made by the Minister) be paid to him. . . on demand by the highway authority; and that authority have the like power of raising money required to make such payment, and the like right to recover the whole or any part of any sum paid, as if the expenses of the Minister. . . had been incurred in executing the works as their agent. (6) Subsection (4) above does not transfer to the Minister. . . in connection with the execution of any works any powers, rights, obligations or liabilities of a highway authority under any enactment to which this subsection applies; but where the Minister proceeds under this section to execute works in a highway, any such enactment applies in relation to those works as if the Minister. . . were acting as agent of the highway authority, but so that the highway authority are to comply with any directions of the Minister. . . as to the exercise of their powers and rights. This subsection applies to Part III of the New Roads and Street Works Act 1991 and, in the case of any works, to such other enactments as the Minister. . . may specify for this purpose in a notice given by him. . . to the highway authority. (7) Without prejudice to the generality of the foregoing provisions of this section, the powers exercisable under this section by the Minister. . . in place of a highway authority include any power of that authority to acquire land, or an interest or right in, over or under land; and any land, or any interest or right in, over or under land, acquired by the Minister. . . by virtue of this section shall be acquired in the name and on behalf of the highway authority, and shall vest in that authority accordingly. (8) A highway authority shall produce to the Minister. . . such documents relating to matters affecting the exercise of the Minister’s. . . powers under this section, and furnish him. . . with such other information relating to those matters, as he. . . may require in connection with the exercise of those powers or any proposal to exercise them.