Law

Highways Act 1980

United Kingdom · statute

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

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

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

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

Proposed changes to this act

No one has proposed a change to this act yet.

449 provisions

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

(1) A local authority or, if there is a local highway authority for either of the two streets in question, that highway authority, may require the corner of a building intended to be erected at the corner of two streets in the area of the local authority to be rounded or splayed off to the height of the first storey or to the full height of the building, and to such extent otherwise as they may determine. (2) A person aggrieved by a requirement of a local authority or local highway authority under this section may appeal to a magistrates’ court. (3) A local authority or local highway authority shall pay compensation for any loss which may be sustained through the exercise by them of their powers under this section. (4) This section does not apply to a building, other than a dwelling-house, belonging to any of the following undertakers and used by them for the following purposes respectively:— (a) railway undertakers, for purposes of a railway comprised in the railway undertaking; (b) canal undertakers, for purposes of a canal comprised in the canal undertaking; (c) inland navigation undertakers, for purposes of a navigation comprised in the inland navigation undertaking; (d) dock undertakers, for purposes of a dock comprised in the dock undertaking; (e) harbour undertakers, for purposes of a harbur comprised in the harbour undertaking; (f) pier undertakers, for purposes of a pier comprised in the pier undertaking.

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

(1) Subject to the provisions of this section, for the purpose of securing public order or public safety or preventing congestion of traffic a competent authority may, in any case of emergency or on any occasion on which it is likely by reason of some special attraction that any street will be thronged or obstructed, cause barriers to be erected in any street and kept in position for so long as may be necessary for that purpose. For the purposes of this section the following are competent authorities— (a) in the case of a street outside Greater London which is a highway, a local authority and also the highway authority; (b) in the case of any other street, a local authority. (2) For the purpose of erecting barriers in a street under this section a competent authority may provide and maintain sockets or slots in or under the surface of the street. (3) A competent authority shall not exercise the powers conferred by this setion in such a way as to deprive pedestrians of reasonable access to any premises. (4) Schedule 8 to this Act applies to the powers conferred on competent authorities by this section. (5) If a person wilfully removes a barrier, socket or slot erected or provided under this section, he is guilty of an offence and liable to a fine not exceeding level 1 on the standard scale. (6) In this section “local authority” means any of the following, namely, the council of a district or London borough,. . . the Common Council and the Council of the Isles of Scilly but in relation to Wales, means a Welsh council.

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

(1) Section 153 of the Public Health Act 1875 (power to require gas and water pipes to be moved) applies for the purposes of any provisions of this Act to which this section applies as it applies for the purposes of that Act; but the said section 153 does not apply in any case in which the code in Part II of the Public Utilities Street Works Act 1950 (relations between an authority carrying out road alterations and undertakers whose apparatus is affected thereby) has effect. (2) A local authority shall pay compensation to any person who sustains damage by reason of the execution by them of works under this section. (3) This section applies to section 294 below and to the other provisions of this Act which are specified in Schedule 22 to this Act.

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

(1) A person duly authorised in writing by a highway authority may at any reasonable time enter on any land for the purpose of surveying that or any other land in connection with the exercise by that authority, in their capacity as a highway authority, of any of their functions. (1A) A person may not be authorised under subsection (1) to enter and survey or value land in connection with a proposal to acquire an interest in or a right over land (but see section 172 of the Housing and Planning Act 2016). (2) The power conferred by this section to enter on land includes power to place and leave on or in the land any apparatus for use in connection with any survey of that or any other land (whether from the air or on the ground) and to remove such apparatus. (3) The power conferred by this section to survey land includes power to search and bore for the purpose of ascertaining— (a) the nature of the subsoil or the presence of minerals in it; (b) whether any damage to a highway maintainable at the public expense for which the authority are the highway authority is being caused or is likely to be caused by mining operations or other activities taking place under the highway or in or under land adjoining, or in the vicinity of the highway.

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

(1) A person authorised under section 289 above to enter on any land shall, if so required, produce evidence of his authority before or after entering on that land. (2) A person so authorised may take with him on to the land in question such other persons, and such vehicles and equipment, as he may consider necessary. (3) Subject to subsection (6) below, a person shall not under section 289 above demand admission as of right to any land which is occupied unless at least 7 days’ notice of the intended entry has been given to the occupier. (4) Subject to subsection (6) below, a person shall not, in the exercise of a power conferred by section 289 above, place or leave any apparatus on or in any land or remove any apparatus therefrom unless notice of his intention to do so has been included in the notice required by subsection (3) above and a like notice has been given to the owner of the land. (5) A person shall not execute any works authorised by section 289(3) above unless notice of his intention to do so was included in the notices required by subsections (3) and (4) above and, where the interests of the Coal Authority, of any licensed operator (within the meaning of the Coal Industry Act 1994, or of any. . . or statutory undertakers are liable to be affected by the proposed works, a like notice has been given to that Authority or, as the case may be, to the licensed operator or statutory undertakers concerned. (6) Where a highway authority intend to place and leave apparatus on or in a highway or to remove apparatus therefrom, or to execute in relation thereto such works as are authorised by section 289(3) above, no notice need be given to the occupier or owner of the land over which the highway subsists; but if the highway authority are not the highway authority for the highway, they shall give to that authority such notice as is required by subsections (4) and (5) above to be given to the owner. (7) If . . .any. . . statutory undertakers to whom notice is given under subsection (5) above object to the proposed works on the ground that the execution thereof would be seriously detrimental to the carrying on of their undertaking. . . , the works shall not be executed except with the authority of the appropriate Minister. (8) Where in the exercise of a power conferred by section 289 above works authorised by subsection (3) of that section are to be executed in a street— (a) section 55 of the New Roads and Street Works Act 1991 (notice of starting date of works), so far as it requires notice to be given to a person having apparatus in the street which is likely to be affected by the works, (b) section 69 of that Act (requirements to be complied with where works likely to affect another person’s apparatus in the street), and (c) section 82 of that Act (liability for damage or loss caused), have effect in relation to the works as if they were street works within the meaning of Part III of that Act. (9) A universal service provider in connection with the provision of a universal postal service,the Civil Aviation Authority and 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) are to be deemed to be statutory undertakers and their respective undertakings statutory undertakings for the purposes of the foregoing provisions of this section. (9A) For the purposes of subsection (9) above, the undertaking of a universal service provider shall be taken to be his undertaking so far as it relates to the provision of a universal postal service. (9B) For the purposes of subsection (9) above, the undertaking of a person who holds a licence under Chapter I of Part I of the Transport Act 2000 shall not be considered to be a statutory undertaking except to the extent that it is the person’s undertaking as licence holder. (10) In this section “the appropriate Minister” means— (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (b) in relation to statutory undertakers carrying on any railway, tramway, road transport, dock, harbour or pier undertaking, the Minister of Transport; and (c) in all other cases, the Secretary of State.

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

(1) Where a highway authority have power or a right to maintain, alter or remove any structure or work which is situated on, over or under any land, and that land neither belongs to the highway authority nor forms part of a highway for which they are the highway authority, then, if for the purpose of exercising that power or that right it is necessary for a person to enter on that land or any other land, a person duly authorised in writing by that authority may at any reasonable time enter on that land or any other land for that purpose. (2) Subsections (1), (2) and (3) of section 290 above have effect in relation to a person authorised under this section to enter on any land as they have effect in relation to a person authorised under section 289 above to enter on any land. (3) In relation to a bridge to which section 118 of the Transport Act 1968 (duty of highway authorities, etc. as respects bridges over railways or inland waterways) applies, and which belongs to a highway authority, subsections (1) and (2) above have effect subject to the provisions of that section. (4) In this section— “structure” includes a bridge, fence, barrier or post; “work” includes a tunnel, ditch, gutter, watercourse, culvert, drain, soak-away or pipe. (5) Nothing in this section affects the powers of a highway authority under section 100 above. (6) Nothing in this section affects any agreement for the time being in force between a highway authority having power or a right to maintain, alter or remove a structure or work and any person having an interest in the land on, over or under which it is situated, being an agreement relating to the maintenance of or other dealing with the structure or work.

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

(1) Where, in the exercise of a power conferred by section 289 or 291 above to enter, or to do anything, on any land, any damage is caused to that land or to any chattels on it, any person interested in that land or those chattels may, subject to subsection (2) below, recover compensation in respect of that damage from the highway authority by whom or on whose behalf the power was exercised; and where in consequence of the exercise of such a power any person interested in the land or in any chattels on it is disturbed in his enjoyment thereof, he may recover from that authority compensation in respect of the disturbance. (2) Where any person is entitled under section 82 of the New Roads and Street Works Act 1991, as applied by section 290(8) above, to compensation in respect of any matter, he is not entitled to recover compensation under subsection (1) above in respect of the same matter. (3) A person who wilfully obstructs a person acting in the exercise of a power conferred by section 289 or 291 above, or who removes or otherwise interferes with any apparatus placed or left on or in any land in exercise of a power conferred by section 289 above, is guilty of an offence and liable to a fine not exceeding level 3 on the standard scale. (4) If a person who, in compliance with the provisions of section 289 or 291 above, is admitted into a factory, workshop or workplace discloses to any person any information obtained by him therein as to any manufacturing process or trade secret, then, unless the disclosure is made in the course of performing his duty in connection with the purposes for which he was authorised to enter the land, he is guilty of an offence and liable— (a) on summary conviction to a fine not exceeding the prescribed sum within the meaning of section 32(9) of the Magistrates’ Courts Act 1980 (£1,000 or such other sum as may be fixed by order under section 143(1) of that Act); or (b) on conviction on indictment to imprisonment for a term not exceeding 2 years or to a fine, or both.

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

(1) A person duly authorised in writing by the Secretary of State or other authority having power under this Act to make a public path creation order, a public path extinguishment order , a rail crossing extinguishment order, a special extinguishment order a public path diversion order , a rail crossing diversion order, a special diversion order or an SSSI diversion order may enter upon any land for the purpose of surveying it in connection with the making of the order. (2) For the purpose of surveying land, or of estimating its value, in connection with a claim for compensation payable by an authority in respect of that or any other land under section 28 above, or under that section as applied by section 121(2) above, a person who is an officer of the Valuation Office or who has been duly authorised in writing by the authority from whom the compensation is claimed may enter upon the land. (3) A person authorised under this section to enter upon any land shall, if so required, produce evidence of his authority before entering; and a person shall not under this section demand admission as of right to any land which is occupied unless at least 7 days’ notice in writing of the intended entry has been given to the occupier. (4) A person who wilfully obstructs a person acting in the exercise of his powers under this section is guilty of an offence and liable to a fine not exceeding level 3 on the standard scale.

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

(1) If, in the discharge of functions conferred or imposed on an authority, being a highway authority or council, by a provision of this Act to which this section applies, it becomes necessary for an authorised officer of the authority to enter, examine or lay open any premises for the purpose of— (a) surveying, (b) making plans, (c) executing, maintaining or examining works, (d) ascertaining the course of sewers or drains, (e) ascertaining or fixing boundaries, or (f) ascertaining whether any hedge, tree or shrub is dead, diseased, damaged or insecurely rooted, and the owner or occupier of the premises refuses to permit the premises to be entered, examined or laid open for any such purpose, the authority, after giving notice to the owner or occupier of their intention to do so, may make a complaint to a magistrates’ court for an order authorising the authority by any authorised officer to enter, examine and lay open the premises for any such purpose. (2) If on the hearing of the complaint no sufficient cause is shown against the making of the order for which the complaint is made, the court may make the order, and thereupon any authorised officer of the complainant authority may, subject to subsection (3) below, at all reasonable times between the hours of 9 a.m. and 6 p.m., enter, examine or lay open the premises described in the order for such of the purposes mentioned in subsection (1) above as are specified in the order. (3) Except in a case of emergency, no entry shall be made on any premises, and no works shall be begun therein, under subsection (2) above unless at least 7 days’ notice of the intended entry, and of the object thereof, has been given to the occupier of the premises. (4) Where, in the course of an entry on or examination or laying open of premises authorised by an order under this section, damage is caused to land or to chattels, any person interested in the land or chattels may recover compensation in respect of that damage from the authority on whose complaint the order was made; and where by reason of any such entry, examination or laying open any person is disturbed in his enjoyment of land or chattels, he may recover from that authority compensation in respect of the disturbance. (5) This section applies to sections 101 and 154(2) above and to the other provisions of this Act specified in Schedule 22 to this Act.

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295 Power of councils to dispose of certain materials.

(1) The council of a county or a council who are a local authority may remove, appropriate, or use, sell or otherwise dispose of all old materials existing in any street other than a highway maintainable at the public expense at the time of the execution by the council of any works in the street, unless those materials are removed by the owners of premises in the street within 3 days from the date of service of a notice from the proper officer of the council requiring the owners of those premises to remove the materials. (2) Where a council remove, appropriate, or use, sell or otherwise dispose of any materials in a street under subsection (1) above, they shall, on demand, pay or allow to the owner of any premises in the street such proportion of the reasonable value of the material as is attributable to those premises, and the amount thereof shall be settled, in case of dispute, by arbitration, or, if the amount claimed does not exceed level 3 on the standard scale and either party so requires, by a magistrates’ court.

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

A highway authority or a council may by agreement with any person execute at his expense any work which they have under this Act (except under Part XI) required him to execute, or any work in connection with a highway which he is otherwise under an obligation or is entitled to execute, and for that purpose they have all such rights as he would have.

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

(1) A highway authority or a council may, for the purpose of enabling them to discharge or exercise any of their functions under this Act, require the occupier of any premises and any person who, either directly or indirectly, receives rent in respect of any premises, to state in writing the nature of his own interest therein and the name and address of any other person known to him as having an interest therein, whether as freeholder, mortgagee, lessee or otherwise. (2) Any person who, having been required in pursuance of this section to give any information, fails to give that information is guilty of an offence and liable to a fine not exceeding level 3 on the standard scale. (3) Any person who, having been so required to give any information, knowingly makes any mis-statement in respect thereof is guilty of an offence and liable— (a) on summary conviction to a fine not exceeding the prescribed sum within the meaning of section 32(9) of the Magistrates’ Courts Act 1980 (£1,000 or such other sum as may be fixed by order under section 143(1) of that Act); or (b) on conviction on indictment to imprisonment for a term not exceeding 2 years or to a fine, or both.

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

(1) Every non-metropolitan district council shall furnish, and shall instruct their officers to furnish, any information in their power which may reasonably be required by any county council for the purpose of enabling that council to discharge their functions under this Act. (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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299 Right to discharge water.

(1) Where there has been constructed or laid in land, or in the exercise of rights, acquired by a highway authority in the exercise of highway land acquisition powers, any drain or other work for the purpose of draining surface water from a highway, proposed highway, maintenance compound, trunk road picnic area, lorry area or service area, the water may be discharged into or through that drain or other work and into any inland waters, whether natural or artificial, or any tidal waters. (2) A highway authority shall pay compensation to the owner or occupier of any land who suffers damage by reason of the exercise by the authority of any right under subsection (1) above. (3) This section is without prejudice to any enactment the purpose of which is to protect water against pollution.

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300 Right of local authorities to use vehicles and appliances on footways , bridleways and restricted byways.

(1) No statutory provision prohibiting or restricting the use of footpaths, footways , bridleways or restricted byways shall affect the use by a competent authority of appliances or vehicles, whether mechanically operated or propelled or not, for cleansing, maintaining or improving footpaths, footways , bridleways or restricted byways or their verges, for preventing or removing obstructions to them or otherwise preventing or abating nuisances or other interferences with them, or for maintaining or altering structures or other works situated therein. For the purposes of this section— (a) the following are competent authorities, namely, the council of any county, district or London borough, the Common Council, the Council of the Isles of Scilly, any parish or community council, or parish meeting, the Sub-Treasurer of the Inner Temple and the Under-Treasurer of the Middle Temple; and (b) “statutory provision” means a provision contained in, or having effect under, any enactment. (2) The Minister of Transport and the Secretary of State acting jointly may make regulations prescribing the conditions under which the rights conferred by this section may be exercised, and such regulations may in particular make provision as to— (a) the construction of any appliances or vehicles used under this section, (b) the maximum weight of any such appliances or vehicles, or the maximum weight borne by any wheel or axle, (c) the maximum speed of any such appliances or vehicles, (d) the hours during which the appliances or vehicles may be used, and (e) the giving by the Minister of Transport or the Secretary of State of directions dispensing with or relaxing any requirement of the regulations as it applies to a particular authority or in any particular case.

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301 Restriction on exercise of powers of lighting authorities.

(1) Subject to subsection (2) below, the powers of a lighting authority shall not be exercised for purposes of the lighting of any highway for which they are not the highway authority except with the consent of the highway authority (which may be given either generally or in respect of any particular highway or length of highway, and either without conditions or subject to such conditions as the highway authority think fit). (2) Subsection (1) above does not apply to the exercise of powers for the purpose only of the operation or maintenance of a lighting system not transferred to the highway authority under Part III of the Local Government Act 1966 or under section 270 above. (3) References in this section to the powers of a lighting authority are references to their powers under section 161 of the Public Health Act 1875 or section 3 of the Parish Councils Act 1957 or any corresponding local enactment.

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

(1) No London borough council shall exercise any power under this Act in a way which will affect, or be likely to affect,— (a) a GLA road, or (aa) a strategic road, (b) a road in another London borough other than a GLA road or strategic road , unless the requirements of subsections (2) and (3) below have been satisfied. (2) The first requirement is that the council has given notice of the proposal to exercise the power in the way in question— (a) to Transport for London; and (b) in a case where the road concerned is in another London borough, to the council for that borough. (3) The second requirement is that— (a) the proposal has been approved (i) in the case of a GLA road, by Transport for London; (ii) in the case of a strategic road, by Transport for London and, where the road concerned is in another London borough, the council for that borough; (iii) in the case of a road within subsection (1)(b), by the London borough council concerned; or (b) the period of one month beginning with the date on which Transport for London and, where applicable, the council received notice of the proposal has expired without Transport for London or the council having objected to the proposal; or (c) any objection made by Transport for London or the council has been withdrawn; or (d) where an objection has been made by Transport for London or a London borough council and not withdrawn, the Greater London Authority has given its consent to the proposal after consideration of the objection. (3A) References in paragraphs (b) to (d) of subsection (3) to objections are to objections made by a person who, in the circumstances, has the power to give an approval under paragraph (a) of that subsection. (4) Before deciding whether to give any consent for the purposes of subsection (3)(d) above, the Greater London Authority may cause a public inquiry to be held. (5) If Transport for London has reason to believe— (a) that a London borough council is proposing to exercise a power under this Act in a way which will affect, or be likely to affect, (i) a GLA road, (ii) a strategic road, or (iii) a road in another London borough other than a GLA road or strategic road, and (b) that notice of the proposal is required to be, but has not been, given in accordance with subsection (2) above, Transport for London may give a direction to the council requiring it not to proceed with the proposal until the requirements of subsections (2) and (3) above have been satisfied. (6) If a London borough council exercises any power in contravention of this section, Transport for London may take such steps as it considers appropriate to reverse or modify the effect of the exercise of that power. (7) For the purposes of subsection (6) above, Transport for London shall have power to exercise any power of the London borough council on behalf of that council. (8) Any reasonable expenses incurred by Transport for London in taking any steps under subsection (6) above shall be recoverable by Transport for London from the London borough council concerned as a civil debt. (9) The Mayor of London may issue a direction dispensing with the requirements of subsections (2) and (3) above in such circumstances as may be specified in the direction. (10) A direction under subsection (9) above may, in particular, dispense with those requirements as respects— (a) all or any of the London borough councils; (b) all or any of the GLA roads; or strategic roads (c) all or any of the roads which are not GLA roads, strategic roads or trunk roads; (d) the exercise of such powers as may be specified in the direction in such manner or circumstances as may be so specified. (11) Any direction under subsection (9) above may be varied or revoked by a further direction under that subsection. (12) Any reference in this section to a GLA road includes a reference to a GLA side road, within the meaning of the Road Traffic Regulation Act 1984 (see sections 124A(9) and 142(1) of that Act). (13) In this section “ road ” means any length of highway or of any other road to which the public has access and includes bridges over which a road passes. (14) Subsection (13) above is without prejudice to the construction of references to GLA roads or GLA side roads. (15) The functions of the Greater London Authority under this section shall be functions of the Authority which are exercisable by the Mayor of London acting on behalf of the Authority. (16) For the purposes of this section— (a) the City of London shall be treated as if it were a London borough; (b) the Common Council shall be treated as if it were the council for a London borough; and (c) the Inner Temple and the Middle Temple shall be treated as forming part of the City. (17) In this section “ strategic road ” has the meaning given by section 60 of the Traffic Management Act 2004.

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

(1) The Secretary of State shall not exercise any of his functions in relation to the management of roads or traffic in a Royal Park in such a way as to affect a highway in Greater London unless he has consulted the highway authority for the highway about the exercise of those functions in that way. (2) A highway authority shall not exercise any of its functions in relation to a highway in Greater London in such a way as to affect a Royal Park unless it has consulted the Secretary of State about the exercise of those functions in that way. (3) The duty imposed by subsection (1) or (2) above shall not apply if it would not be reasonably practicable for the Secretary of State or, as the case may be, the highway authority to consult the other before exercising functions; but, in such a case, as soon as practicable after so exercising functions the Secretary of State or, as the case may be, the highway authority shall inform the other that those functions have been so exercised. (4) In this section “ Royal Park ” means any park to which the Parks Regulation Act 1872 applies (see sections 1 and 3 of the Parks Regulation (Amendment) Act 1926).

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302 Provisions as to inquiries.

(1) Subject to subsection (2) below, the Minister and the Secretary of State may each cause such inquiries to be held as he may consider necessary or desirable for the purposes of his functions under this Act, and subsections (2) to (5) of section 250 of the Local Government Act 1972 (giving of evidence at, and defraying of costs, of inquiries) apply, subject to subsection (2) below, in relation to any inquiry which either of the said Ministers may cause to be held under this section, or in compliance with any requirement of this Act, with the substitution in the case of an inquiry held by the Secretary of State, for references to a Minister, of references to the Secretary of State. (2) Subsection (4) of the said section 250 (costs of the Minister holding the inquiry to be defrayed by the parties) does not apply in relation to— (a) an inquiry caused to be held by the Minister for the purposes of his functions under section 93 above, or (b) an inquiry held in compliance with paragraph 3 of Schedule 10 to this Act, or with paragraph 9 of Schedule 11 to this Act, in so far as the Minister is of opinion, having regard to the object and result of the inquiry, that the Minister’s costs should be defrayed by him.

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303 Penalty for obstructing execution of Act.

A person who wilfully obstructs any person acting in the execution of this Act or any byelaw or order made under it is, in any case for which no other provision is made by this Act, guilty of an offence and liable to a fine not exceeding level 1 on the standard scale; and if the offence is continued after conviction, he is guilty of a further offence and liable to a fine not exceeding £5 for each day on which the offence is so continued.

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

If on a complaint made by the owner of any premises, it appears to a magistrates’ court that the occupier of the premises prevents the owner from executing any work which he is by this Act required to execute, the court may order the occupier to permit the execution of the work.

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305 Recovery of expenses by councils and highway authorities.

(1) Where a council or a highway authority have incurred expenses for the repayment of which the owner of the premises in respect of which the expenses were incurred is liable— (a) under any of the provisions of this Act to which this section applies, or (b) by agreement with the council or highway authority, those expenses, together with interest at such reasonable rate as the council may determine from the date of service of a demand for the expenses, may be recovered by the council or the highway authority from the owner for the time being of the premises; and as from the date of the completion of the works the expenses and interest accrued due thereon are, until recovered, a charge on the premises and on all estates and interests therein. (2) A council or highway authority may by order declare any expenses and interest recoverable by them under this section to be payable by annual instalments within a period not exceeding 30 years, together with interest on them at such reasonable rate as the authority may determine; and any such instalment and interest, or any part thereof, may be recovered from the owner or occupier for the time being of the premises in respect of which the expenses were incurred. (3) A person aggrieved by an order of a council or highway authority under subsection (2) above, or by the refusal of a council or highway authority to make such an order, may, except in a case where an appeal lies to the Minister under section 233 above, appeal to a magistrates’ court. (4) Schedule 13 to this Act applies in relation to any sum paid by an occupier of premises under the foregoing provisions of this section. (5) Any sum which a council or highway authority are entitled to recover under this section or any other provision of this Act, and with respect to the mode of recovery of which provision is not made by any other section of this Act, may be recovered either summarily as a civil debt or in any court of competent jurisdiction. (6) Any charge acquired by the Minister by virtue of subsection (1) above is (without prejudice to the operation of section 1 of the Local Land Charges Act 1975 as regards any charge acquired by a council by virtue of that subsection) a local land charge. (7) This section applies to the following provisions of this Act, namely, sections 152, 153, 165, 167, 177, 180, 184 and 230, except 230(7).

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

The time within which summary proceedings may be taken for the recovery of any sum which a highway authority or council are entitled to recover under this Act shall be reckoned— (a) in all cases except the one mentioned in paragraph (b) below, from the date of the service of a demand for the sum; and (b) in a case in which an appeal has been made to the Minister under section 233 above, from the date on which the decision on the appeal is notified to the appellant or the appeal is withdrawn, as the case may be.

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

(1) Any dispute arising on a claim for compensation under any provision of this Act to which this section applies shall be determined by the Upper Tribunal. The provisions of this Act to which this section applies are sections 21, 22, 28, 73, 74, 109, 110, 121(2), 126, . . . and 292. (2) For the purposes of any reference to the Upper Tribunal under this section, section 4 of the Land Compensation Act 1961 (costs) has effect with the substitution, for references to the acquiring authority, of references to the authority from whom the compensation in question is claimed. (3) Rules 2 to 4 of the Rules in section 5 of the said Act of 1961 (rules for valuation on a compulsory acquisition) apply to the calculation of compensation under any provision of this Act to which this section applies, in so far as it is calculated by reference to the depreciation of the value of an interest in land. (4) In determining the amount of compenstion payable under section 109, 110 or 126 above the Upper Tribunal shall have regard to any new means of access to the premises of the claimant or, as the case may be, any new right of access to a watercourse from the premises of the claimant, provided by the highway authority from whom the compensation is claimed. (5) In determining the amount of compensation payable under section 73 above in respect of injurious affection, the Upper Tribunal— (a) shall take into account any benefit accruing to the claimant by reason of the improvement of the street in relation to which an improvement line has been prescribed under that section, and (b) may take into account and embody in its award any undertaking with regard to the exercise of the powers of a highway authority under that section in relation to the property affected which the authority have offered to give to the claimant; and the terms of any undertaking so embodied in the award are binding on and enforceable against the authority. (6) In determining the amount of compensation payable under section 74 above, the Upper Tribunal shall take into account any benefit accruing to the claimant by reason of any improvement made or about to be made to the highway in relation to which a building line has been prescribed under that section. (7) In determining the amount of compensation payable under section 193 or section 200(2) above, the Upper Tribunal shall take into account any benefit accruing to the claimant by reason of the widening of a street under the said section 193 or the said section 200(2), as the case may be.

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

(1) Any dispute arising on a claim for compensation under this Act, being a dispute for the determination of which provision is not made by or under any section of this Act other than this section, shall be determined, if the parties so agree, by arbitration or, in default of agreement, by the county court. (2) The county court shall have jurisdiction to deal with any dispute which by virtue of subsection (1) above is to be determined by such a court notwithstanding that, by reason of the amount of the claim or otherwise, the case would not, but for this provision, be within the jurisdiction of a county court.

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

Where an interest in land is subject to a mortgage— (a) any compensation payable under this Act in respect of the depreciation in value of that interest shall be calculated as if the interest were not subject to the mortgage; (b) a claim for the payment of any such compensation may be made by any mortgagee of the interest under a mortgage made before the happening of the event giving rise to the compensation, but without prejudice to the making of a claim by any other person; (c) a mortgagee is not entitled to claim any such compensation in respect of his interest as such; and (d) any such compensation payable in respect of the interest subject to the mortgage shall be paid to the mortgagee or, where there is more than one mortgagee, to the first mortgagee, and shall in either case be applied by him as if it were proceeds of sale.

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310 Summary proceedings for offences.

All offences under this Act or under byelaws made under it are, except as provided by sections 292(4) and 297(3) above, punishable on summary conviction.

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311 Continuing offences.

(1) Where by virtue of any provision of this Act, or of byelaws made under it, a person convicted of an offence is, if the offence in respect of which he was convicted is continued after conviction, guilty of a further offence and liable to a fine for each day on which the offence is so continued, the court before whom the person is convicted of the original offence may fix a reasonable period from the date of conviction for compliance by the defendant with any directions given by the court. (2) Where a court fixes such a period the defendant is not liable to a fine in respect of the further offence for any day before the expiration of that period.

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312 Restriction on institution of proceedings.

(1) Subject to subsection (3) below, proceedings for an offence under any provision of this Act to which this section applies or under byelaws made under any such provision shall not, without the written consent of the Attorney General, be taken by any person other than the person aggrieved, or a highway authority or council having an interest in the enforcement of the provision or byelaws in question. (2) This section applies to sections 167 and 177 above and to the provisions of this Act specified in Schedule 22 to this Act. (3) A constable may take proceedings— (a) for an offence under paragraph (b) of section 171(6) above; or (b) for an offence under paragraph (c) of that subsection consisting of failure to perform a duty imposed by section 171(5)(a) above; or (c) for an offence under section 174 above, without the consent of the Attorney General.

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313 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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314 Offences by body corporate.

(1) Where an offence under any provision of this Act to which this section applies is committed by a body corporate and it is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate or any person who was purporting to act in any such capacity, he as well as the body corporate is guilty of that offence and liable to be proceeded against and punished accordingly. (2) Where the affairs of a body corporate are managed by its members, subsection (1) above applies in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate. (3) This section applies to sections 137, 137ZA, 139, 140, 167, 168, and 177 above.

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315 Notice to be given of right of appeal.

Where an appeal lies under this Act to the Crown Court or a magistrates’ court against a requirement, order, refusal or other decision of a highway authority or a council, the notice given by the authority or council to the person concerned of the making of the requirement or order or of the refusal or other decision against which such an appeal lies shall state the right of appeal to the Crown Court or a magistrates’ court, as the case may be, and the time within which such an appeal may be brought.

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316 Appeals and applications to magistrates’ courts.

(1) Where any provision of this Act provides— (a) for an appeal to a magistrates’ court against a requirement, order, refusal or other decision of a highway authority or a council, or (b) for any other matter to be determined by, or an application in respect of any matter to be made to, a magistrates’ court, the procedure shall be by way of complaint for an order. (2) The time within which an appeal such as is mentioned in subsection (1)(a) above may be brought is 21 days from the date on which notice of the decision of the highway authority or council is served on the person wishing to appeal, and for the purpose of this subsection the making of the complaint is to be deemed to be the bringing of the appeal.

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

(1) Where a person aggrieved by an order, determination or other decision of a magistrates’ court under this Act is not by any other enactment authorised to appeal to the Crown Court he may appeal to that court. (2) The applicant for an order under section 116 above or any person who was entitled under subsection (7) of that section to be, and was, or claimed to be, heard on the application may appeal to the Crown Court against the decision made by the magistrates’ court on the application. (3) Any person who, in relation to the decision of a magistrates’ court on an application under section 130B above, does not fall within subsection (1) above but— (a) is, within the meaning of section 130A above, a person for the time being responsible for the obstruction to which the application related, or (b) when the application was heard, was such a person and was, or claimed to be, heard on the application, may appeal to the Crown Court against the decision on any ground relating to the matters mentioned in section 130B(4) above.

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318 Effect of decision of court upon an appeal.

Where on an appeal under this Act a court varies or reverses a decision of a highway authority or of a council it shall be the duty of the authority or the council to give effect to the order of the court and, in particular, to grant or issue any necessary consent, certificate or other document, and to make any necessary entry in any register.

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

The judge of any court or a justice of the peace is not disqualified for acting in cases arising under this Act by reason only of his being as one of several ratepayers, or as one of any other class of persons, liable in common with the others to contribute to, or to be benefited by, any rate or fund out of which any expenses of a council are to be defrayed.

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320 Form of notices etc.

All notices, consents, approvals, orders, demands, licences, certificates and other documents authorised or required by or under this Act to be given, made or issued by, or on behalf of, a highway authority or a council, and all notices, consents, requests and applications authorised or required by or under this Act to be given or made to a highway authority or a council, shall be in writing.

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321 Authentication of documents etc.

(1) Any notice, consent, approval, order, demand, licence, certificate or other document which a council (whether as a highway authority or in any other capacity) are authorised or required by or under this Act to give, make or issue may be signed on behalf of the council— (a) by the proper officer of the council, or (b) by any officer of the council authorised by them in writing to sign documents of a particular kind or, as the case may be, the particular document. (2) Any document purporting to bear the signature of the proper officer of the council, or of an officer expressed to be duly authorised by the council to sign such a document or the particular document, shall for the purposes of this Act, and of any byelaws, regulations and orders made under it, be deemed, until the contrary is proved, to have been duly given, made or issued by the council. In this subsection “signature” includes a facsimile of a signature by whatever process reproduced.

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322 Service of notices etc.

(1) Any notice, consent, approval, order, demand, licence, certificate or other document required or authorised by or under this Act to be given or served on a corporation is duly given or served if it is given to or served on the secretary or clerk of the corporation. (2) Subject to the provisions of this section, any notice, consent, approval, order, demand, licence, certificate or other document required or authorised by or under this Act to be given or served on any person may be given or served either— (a) by delivering it to that person, or (b) by leaving it at his proper address, or (c) by post; so, however, that where any such document is sent by post otherwise than in a registered letter, or by the recorded delivery service, it shall be deemed not to have been given or served if it is proved that it was not received by the person to whom it was addressed. (3) For the purposes of this section, and of section 7 of the Interpretation Act 1978 in its application to this section, the proper address of any person to or on whom any such document is to be given or served— (a) where the person has furnished an address for service in accordance with arrangements agreed to in that behalf, is the address furnished; (b) where the person has not furnished an address as provided by paragraph (a) above, is (i) in the case of the secretary or clerk of a corporation, that of the registered or principal office of the corporation, and (ii) in any other case, the person’s usual or last known place of abode. (4) If the name or the address of any owner, lessee or occupier of premises to or on whom any such document is to be given or served cannot after reasonable inquiry be ascertained by the person seeking to give or serve the document, the document may be given or served by— (a) addressing it to the person to whom it is to be given or on whom it is to be served by the description of “owner”, “lessee”, or “occupier” of the premises (describing them) to which the document relates, and (b) delivering it to some responsible person resident or appearing to be resident on the premises or if there is no such person to whom it can be delivered, affixing it or a copy of it to some conspicuous part of the premises. (5) The foregoing provisions of this section do not apply to the service of— (a) a notice required or authorised to be served under Part II of, or Schedule 1 to, the Acquisition of Land Act 1981 as applied by this Act, or (b) a summons.

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323 Reckoning of periods.

(1) For the purposes of this Act— (a) in reckoning any period which is therein expressed to be a period from or before a given date, that date is to be excluded; and (b) in reckoning any period therein mentioned of 8 days or less which apart from this provision would include a Sunday, Christmas Day, Good Friday or a bank holiday, that day is to be excluded. (2) In this section “bank holiday” means a day which is a bank holiday under the Banking and Financial Dealings Act 1971.

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