Law

Highways Act 1980

United Kingdom · statute

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

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

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

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

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449 provisions

Title and introductory text

Highways Act 1980 1980 c.66 An Act to consolidate the Highways Acts 1959 to 1971 and related enactments, with amendments to give effect to recommendations of the Law Commission. [13th November 1980]

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1 Highway authorities: general provision.

(1) The Minister is, subject to subsection (1A), the highway authority for— (a) any highway which is a trunk road; (aa) any special road provided by him; (b) any highway as respects which an order made by him under any enactment expressly provides that he is to be the highway authority for it but does not direct that the highway is to be a trunk road; (c) any highway (not falling within paragraph (a) above) transferred to him by an order under section 14 or 18 below; (d) any other highway being a highway constructed by him, except where by virtue of section 2, 4(3) or 5(2) below or by virtue of some other enactment a local highway authority are the highway authority for it or where by means of an order made under section 14 or 18 below the highway is transferred to a local highway authority. (e) any highway for which he becomes the highway authority by virtue of section 2 of the Infrastructure Act 2015. (1A) A strategic highways company is the highway authority for— (a) any highway specified in the appointment of the company in accordance with Part 1 of the Infrastructure Act 2015; (b) any highway that is directed to become a trunk road and for which that company is directed to be highway authority under section 10; (c) any special road provided by the company; (d) any highway for which an order made under any enactment expressly provides for that company to be the highway authority; (e) any highway transferred to the company by an order under section 14 or 18; (f) any other highway constructed by the company except where— (i) by virtue of section 4(3) or 5(2) or some other enactment, a local highway authority is the highway authority for it; or (ii) by means of an order under section 14 or 18 the highway is transferred to a local highway authority. Paragraphs (a), (b) and (f) do not apply where a local highway authority becomes the highway authority by virtue of section 2. (2) Outside Greater London the council of a county or metropolitan district are the highway authority for all highways in the county or, as the case may be, the district, whether or not maintainable at the public expense, which are not highways for which under subsection (1)or (1A) above the Ministeror a strategic highways company is the highway authority. (2A) Transport for London is the highway authority for all GLA roads. (3) The council of a London borough or the Common Council are the highway authority for all highways in the borough or, as the case may be, in the City, whether or not maintainable at the public expense, which are not for the time being GLA roads or. . . highways for which under subsection (1)or (1A) above the Ministeror a strategic highways company is the highway authority. (3A) In Wales the council of a county or county borough are the highway authority for all highways in the county or, as the case may be, the county borough, whether or not maintainable at the public expense, which are not highways for which the Minister is the highway authority under subsection (1) above. (4) Subsection (2) above is subject, as respects any highway outside Greater London for which the Ministeror a strategic highways company is not the highway authority under subsection (1)or (1A) above, to any provision of this Act, or of any order made under this or any other Act, by virtue of which a council other than the council of the county or, as the case may be, the metropolitan district in which the highway is situated are the highway authority therefor. (5) Subsection (3A) above is subject to any provision of this Act, or of any order made under this or any other Act, by virtue of which a council other than the Welsh council for the area in which the highway is situated are the highway authority.

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2 Highway authority for road which ceases to be a trunk road.

(1)Where an order made under section 10 below directs that a trunk road shall cease to be a trunk road, then, as from the date specified in that behalf in the order, the following authority, that is to say— (a) where the road is situated outside Greater London, the council of the county or metropolitan district, and (b) where the road is situated in Greater London, Transport for London, shall become the highway authority for the road. (2) In the case of a special road provided by the Ministeror by a strategic highways company, subsection (1) above has effect subject to any provision of the order directing that the Ministeror the company shall continue to be the highway authority for the road. (3) Where Transport for London becomes the highway authority for a road by virtue of subsection (1) above, the road shall become a GLA road.

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3 Highway authority for approaches to and parts of certain bridges.

(1) Where a bridge carries a highway for which the Ministeror a strategic highways company is not the highway authority and part of the bridge is situated in one county and part in another the highway authority for the highway carried by the bridge and the approaches thereto is such one of the councils of those counties as may be agreed between them before such a day as the Minister may by order made by statutory instrument appoint or, in default of such agreement, as may be determined by the Minister. (2) Where the Minister has made a determination under subsection (1) above the determination— (a) may be varied at the request of the council of either of the counties concerned; and (b) shall be varied to give effect to any request made jointly to the Minister by those councils; and any such variation shall take effect on the 1st April falling not less than 3 months, and not more than 15 months, after the date on which the determination is varied. (3) Where a bridge carries a highway for which the Ministeror a strategic highways company is not the highway authority and subsection (1) above does not apply, but some part of one or more of the approaches to the bridge lies in a county different from the bridge itself, the highway authority for the whole of that approach or those approaches is the council of the county in which the bridge is situated. (4) For the purposes of this section, the approaches to a bridge consist of so much of the highway or highways on either side of the bridge as is situated within 100 yards of either end of the bridge.

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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.

(1) The Ministeror a strategic highways company, whichever is the highway authority for a trunk road (“the trunk road authority”) and a local highway authority may enter into an agreement for providing, in relation to a highway specified in the agreement, being a highway that crosses or enters the route of that trunk road or is or will be otherwise affected by the construction or improvement of that trunk road, that any functions specified in the agreement, being functions of improvement exercisable as respects that highway by the local highway authority, shall be exercisable by the trunk road authority on such terms and subject to such conditions (if any) as may be so specified. (2) Where under an agreement made under this section any function of a local highway authority is exercisable by the trunk road authority, then, for the purpose of exercising that function the trunk road authority shall have the same powers under this Act (including highway land acquisition powers) as the local highway authority have for that purpose, and in exercising that function and those powers the trunk road authority shall have the like rights and be subject to the like liabilities as that authority. (3) Where for purposes connected with any function exercisable ... under an agreement made under this section the trunk road authority proposes to construct a new highway, every council (other than the council of a non-metropolitan district) in whose area the proposed highway is situated shall be a party to the agreement and the agreement shall provide for a local highway authority specified in the agreement to become the highway authority for the highway on its completion. (4) An agreement under this section made between the trunk road authorityand any other highway authority may provide for the payment of contributions— (a) by the trunk road authority to that other authority in respect of any additional liabilities imposed on that other authority in consequence of the provisions of the agreement; (b) to the trunk road authority by that other authority in respect of liabilities so imposed on the trunk road authority , being liabilities which would otherwise have fallen to be discharged by that other authority; and may also provide for the determination by arbitration of disputes as to the payment of such contributions. (5) Any local highway authority who are a party to an agreement made under this section may contribute towards any expenses incurred by thetrunk road authority in executing any works to which the agreement relates.

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5 Agreement for local highway authority to maintain and improve certain highways constructed or to be constructed by Ministeror strategic highways company.

(1) The local highway authority may by agreement with the Ministeror a strategic highways company undertake the maintenance and improvement of a highway in the local highway authority's area, being a highway (other than a trunk road) which the Ministeror the company proposes to construct or has, whether before or after the commencement of this Act, constructed. (2) Where an agreement is made under this section the council who are a party to the agreement shall, on such date as may be provided by the agreement, become the highway authority for the highway to which the agreement relates.

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6 Delegation etc. of functions with respect to trunk roads.

(1) The Minister or a strategic highways company may by agreement with a combined authority, a combined county authority, a county council, a metropolitan district council, or a London borough council delegate to that authority or council all or any of his or its functions (including functions under a local or private Act) with respect to the maintenance and improvement of, and other dealing with, any trunk road or any land which does not form part of a trunk road but which has been acquired by him or it in connection with a trunk road under section 239(2) or (4) or section 246 below;. . . (1ZA) A combined authority or combined county authority may not enter into an agreement under subsection (1) unless the authority has obtained the consent of any upper-tier constituent council or councils in whose area the authority would discharge functions under the agreement. (1A) The Minister or a strategic highways company shall not delegate functions to a council under subsection (1) above— (a) with respect to a trunk road or land outside that council's area but within a non-metropolitan county or London borough, except with the consent of the council of that county or borough; (b) with respect to a trunk road or land outside that council's area but within a metropolitan district except after consultation with the council of that district. (1B) The Minister or a strategic highways company shall not delegate functions to a council under subsection (1) above with respect to a trunk road or land outside that council'sarea but in Wales except after consultation with the Welsh council in whose area it is situated; and subsection (1A) does not apply in relation to a trunk road or land in Wales. (2) An authority or council shall, in the exercise of any functions delegated to them under subsection (1) above, act as agents for the Minister or a strategic highways company and in accordance with such conditions as may be attached to the delegation, and among such conditions there shall be included the following— (a) that the works to be executed and the expenditure to be incurred by the authority or council in the discharge of the delegated functions shall be subject to the approval of the Minister or a strategic highways company; (b) that the authority or council shall comply with any requirement of the Minister or a strategic highways company as to the manner in which any such works are to be carried out, and with any directions of the Minister or a strategic highways company as to the terms of contracts to be entered into for the purposes of the discharge of the delegated functions; and (c) that any such works shall be completed to the satisfaction of the Minister or a strategic highways company . (3) If at any time the Minister or a strategic highways company is satisfied that a trunk road or land with respect to which functions are delegated under subsection (1) above is not in proper repair and condition, he or the company may give notice to the authority or council requiring them to place it in proper repair and condition within such time as may be specified in the notice, and if the notice is not complied with the Minister or a strategic highways company may do anything that seems to him or the company necessary to place the road or land in proper repair and condition. (4) A delegation to an authority or council under subsection (1) above may be determined by notice given by the Minister or a strategic highways company to the authority or council during the first 9 months of any calendar year, or the functions so delegated may be relinquished by a notice given by the authority or council to the Minister or a strategic highways company during any such period; and the notice shall take effect as from 1st April in the calendar year following that in which it is given. (5) The Minister or a strategic highways company may enter into an agreement with a combined authority, a combined county authority, a county council, a metropolitan district council or a London borough council— (a) for the construction of a trunk road, or (b) for the carrying out by the authority or council of any work of improvement of, or other dealing with, any trunk road or any such land as is mentioned in subsection (1) above; and subsection (2) above applies to the discharge of the functions of an authority or council under any such agreement and to the conditions to be included in any such agreement as it applies to the discharge of functions delegated under subsection (1) above to any such authority or council and to the conditions to be attached to any such delegation. (5A) A combined authority or combined county authority may not enter into any arrangements under subsection (5) unless the authority has obtained the consent of any constituent council or councils in whose area the authority would discharge functions under the agreement. (6) Where— (a) any functions have been delegated by the Minister or a strategic highways company to a county council under subsection (1) above, or (b) the Minister or a strategic highways company has entered into an agreement with a county council under subsection (5) above, the county council (the “responsible council”) may, with the consent of the Minister or a strategic highways company, enter into arrangements with a district council or Welsh council (the “contracting council”) for the carrying out by the contractingcouncil, in accordance with the arrangements, of such of the delegated functions or, as the case may be, of the functions to which the agreement relates as may be specified in the arrangements;. . . (6ZA) Where— (a) any functions have been delegated by the Minister or a strategic highways company to a combined authority or combined county authority under subsection (1) above, or (b) the Minister or a strategic highways company has entered into an agreement with a combined authority or combined county authority under subsection (5) above, the combined authority or combined county authority may, with the consent of the Minister or a strategic highways company, enter into arrangements with a county council, district council or Welsh council (the “contracting council”) for the carrying out by the contracting council, in accordance with the arrangements, of such of the delegated functions or, as the case may be, of the functions to which the agreement relates as may be specified in the arrangements. (6ZB) A combined authority or combined county authority may not enter into arrangements under subsection (6ZA) unless the authority has obtained the consent of any constituent council or councils in whose area functions would be discharged under the arrangements. (6A) No arrangements shall be entered into under subsection (6) or (6ZA) above for the carrying out by a contracting council of any functions— (a) with respect to a trunk road or land outside their area but within a non-metropolitan district, except with the consent of the council of the non-metropolitan district; (b) with respect to a trunk road or land outside their area but within a metropolitan district, except after consultation with the council of the metropolitan district. (c) with respect to a trunk road or land in Wales but outside the area— (i) of the responsible council; and (ii) of the contracting council, except after consultation with the Welsh council in whose area the trunk road or land is situated. (7) Plant or materials belonging to an authority or council by whom functions fall to be exercised by virtue of a delegation, or agreement or arrangements under this section may be used by them for the purposes of those functions subject to the terms of the delegation, or agreement or arrangements. (8) Nothing in this section limits the power of the Minister or a strategic highways company to enter into and carry into effect agreements with any person for any purpose connected with the construction, improvement or maintenance of, or other dealing with, a trunk road or otherwise connected with his or the company's functions relating to trunk roads under this or any other Act; but no such agreement shall provide for the delegation of powers or duties of the Minister or a strategic highways company except in accordance with (a) the provisions of this section; or (b) the provisions of any order made under section 69 of the Deregulation and Contracting Out Act 1994. (9) In this section— “combined authority” means a combined authority established under section 103 of the Local Democracy, Economic Development and Construction Act 2009; “combined county authority” means a combined county authority established under section 9(1) of the Levelling-up and Regeneration Act 2023; “constituent council” means— in relation to a combined authority— a county council the whole or any part of whose area is within the area of the authority, or a district council whose area is within the area of the authority; in relation to a combined county authority— a county council for an area within the area of the authority, or a unitary district council for an area within the area of the authority; “unitary district council” means the council for a district for which there is no county council; “upper-tier constituent council” means a constituent council that is— a county council, or a unitary district council.

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8 Agreements between local highway authorities and strategic highways companies for doing of certain works.

(1) Subject to the provisions of this section, local highway authorities , combined authorities, combined county authorities and strategic highways companies may enter into agreements with other such authorities and companies for or in relation to the construction, reconstruction, alteration, improvement or maintenance of a highway for which any party to the agreement are the highway authority. (1A) If a combined authority or combined county authority is a party to an agreement under subsection (1), the agreement may make or include provision for or in relation to the construction, reconstruction, alteration, improvement or maintenance of a highway for which a constituent council of that authority are the highway authority even if that constituent council is not a party to the agreement (a “relevant constituent council”) (whether that is instead of, or in addition to, such provision about any highway for which a party to the agreement are the highway authority). (1B) A combined authority or combined county authority may not enter into an agreement under this section unless the authority has obtained the consent of any upper-tier constituent council or councils in whose area the authority would exercise functions under the agreement. (2) An agreement under this section may provide, in relation to a highway specified in the agreement, being a highway for which one of the parties to the agreement , or a relevant constituent council, are the highway authority, that any functions specified in the agreement, being functions exercisable as respects that highway by the highway authority therefor, shall be exercisable by some other party to the agreement on such terms and subject to such conditions (if any) as may be so specified. (3) Where under an agreement made under this section any function of the highway authority for a highway is exercisable by another highway authority or a combined authority or combined county authority, then, for the purpose of exercising that function that other authority shall have the same powers under this Act (including highway land acquisition powers) as the highway authority for the highway have for that purpose, and in exercising that function and those powers they shall have the like rights and be subject to the like liabilities as that authority. (4) The council of a county (other than one in Wales) may not enter into an agreement under this section with the council of another county or county borough unless their areas adjoin each other ; and the council of a metropolitan district may not enter into an agreement under this section with the council of another metropolitan district or of a county or county borough unless the districts are in the same county or in counties which adjoin each other or, as the case may be, the county in which the district is situated and the other county or, as the case may be, county borough adjoin each other.. (4A) A combined authority or combined county authority may not enter into an agreement under this section with a council unless their areas adjoin each other. (5) Expenses incurred in pursuance of an agreement made under this section shall be borne for the parties to the agreement in such proportions as may be determined by the agreement. (6) In this section— “combined authority”, “combined county authority” and “constituent council” have the same meanings as in section 6; “relevant constituent council” has the meaning given in subsection (1A); “upper-tier constituent council” has the same meaning as in section 6.

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9 Seconding of staff etc.

(1) A council may enter into an agreement with the Ministeror a strategic highways company for placing at hisor the company's disposal for the purposes of hisor the company's functions relating to highways, on such terms as may be provided by the agreement, the services of persons employed by the council and any premises, equipment and other facilities under the control of the council. (2) For superannuation purposes service rendered by a person whose services are placed at the disposal of the Ministeror a strategic highways company in pursuance of this section is service rendered to the council by whom that person is employed.

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10 General provision as to trunk roads.

(1) Subject to the provisions of this section, all such highways and proposed highways as immediately before the commencement of this Act were trunk roads within the meaning of the Highways Act 1959 continue to be, and to be known as, trunk roads. (2) The Minister shall keep under review the national system of routes for through traffic in England and Wales, and if he is satisfied after taking into consideration the requirements of local and national planning, including the requirements of agriculture, that it is expedient for the purpose of extending, improving or reorganising that system either— (a) that any highway or any proposed highway— (i) to be constructed by the Minister or a strategic highways company, or (ii) in relation to which the Minister has entered or proposes to enter into an agreement under section 38(3A), should become a trunk road, or (b) that any trunk road should cease to be a trunk road, he may by order direct that that highway or proposed highway shall become, or, as the case may be, that that road shall cease to be, a trunk road as from such date as may be specified in that behalf in the order. (2A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (3) The power of the Minister under subsection (2) to direct that a highway or proposed highway shall become a trunk road shall include power to direct that a highway or proposed highway which he considers suitable for the purpose of relieving a main carriageway of the trunk road from local traffic shall become part of the trunk road, whether or not the highway or proposed highway is separated from the remainder of the road by intervening land. (3A) The power under subsection (2) to direct that a highway or proposed highway become a trunk road includes the power to direct that a strategic highways company is the highway authority for that trunk road. (4) . . . (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . the power under subsection (2) to direct that a proposed highway shall become a trunk road may be exercised in relation to any cycle track or footpath proposed to be constructed . . . on land separated by intervening land from the trunk road in connection with which it is to be used. (4A) A strategic highways company may by order direct— (a) that a highway for which the company is the highway authority is to become a trunk road, (b) in relation to a highway in the company’s area for which the company is not the highway authority, that— (i) the highway is to become a trunk road, and (ii) the company is to become the highway authority for it, or (c) that a trunk road for which the company is the highway authority is to cease to be a trunk road. (4B) In subsection (4A)(b)— (a) the reference to the company’s area is to the area in respect of which it was appointed (see section 2(1) of the Infrastructure Act 2015), and (b) the reference to a highway for which the company is not the highway authority includes a proposed highway to be constructed by the company. (4C) A strategic highways company may make an order under subsection (4A) only if it is satisfied that the order is expedient for the purpose of extending, improving or reorganising the national system of routes for through traffic in England and Wales. (4D) A strategic highways company may be satisfied as mentioned in subsection (4C) only after taking into consideration the requirements of local and national planning, including the requirements of agriculture. (4E) An order under subsection (4A)— (a) must specify the date on which it takes effect, and (b) must be confirmed by the Secretary of State. (4F) Subsections (3) and (4) apply in relation to the power in subsection (4A) as they apply in relation to the power in subsection (2). (4G) The powers in this section are subject to section 33(4) of the Planning Act 2008 (exclusion of powers to make or confirm orders in relation to highways for which development consent required). (5) Parts I and III of Schedule 1 to this Act have effect as to the making of an order under this section; and Schedule 2 to this Act has effect as to the validity and date of operation of any such order. (6) If objection to an order proposed to be made under this section is duly made in accordance with Part I of Schedule 1 to this Act by a council who are responsible for the maintenance of a highway to which the order relates, or who will become so responsible by virtue of the order, and is not withdrawn, the order shall be subject to special parliamentary procedure. (7) If an order under this section directing that a proposed highway shall become a trunk road is revoked or varied by a subsequent order made at any time before the date on which the highway is opened for the purposes of through traffic, the revoking or varying order shall not be deemed for the purposes of section 2 above to be an order directing that a trunk road shall cease to be a trunk road. (8) In addition to the case where a trunk road ceases to be a trunk road by virtue of an order made under this section, a trunk road shall cease to be a trunk road if the road is transferred from the Minister or a strategic highways company to some other highway authority to become part of a special road provided by that authority. (9) No highway which is within the City shall be, or become, a trunk road, and without prejudice to the generality of the foregoing provision, none of the following bridges, that is to say, Blackfriars Bridge, London Bridge, Southwark Bridge and Tower Bridge, and no highway carried by any of those bridges, shall be, or become, a trunk road.

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11 Local and private Act functions with respect to trunk roads.

(1) As from the date when a highway becomes a trunk road, any functions of construction, maintenance or improvement exercisable as respects that highway by a council under a local or private Act are to be deemed to have become exercisable by the Minister alone or a strategic highways company alone, whichever is highway authority for the trunk road (“the trunk road authority”), and while the highway remains a trunk road they shall continue to be so exercisable. (2) Where the Minister is satisfied that there has been conferred on a council by a local or private Act a function substantially similar to one conferred by a provision of this Act specified in Schedule 3 to this Act, he may, after consultation with the council, by order direct that, in relation to a trunk road, the function conferred by the local or private Act is to be exercisable in accordance with the following conditions: (a) where the provision of the local or private Act is similar to a provision of this Act specified in Part I of the said Schedule 3, that it is to be exercisable by the trunk road authorityonly; (b) where the provision of the local or private Act is similar to a provision of this Act specified in Part II of the said Schedule, that, in so far as it is exercisable by a council, it is to be exercisable by that council. . . , as well as by the trunk road authority; (c) where the provision of the local or private Act is similar to a provision of this Act specified in Part III of the said Schedule, that, in so far as it is exercisable by a council, it is to be exercisable by that council with the consent of thetrunk road authority. . . , as well as by the trunk road authority. (3) Where the Minister makes an order under this section in relation to a function conferred by a provision of a local or private Act, and the provision of this Act by which a function substantially similar to the first-mentioned function is conferred is, in relation to a trunk road, subject to any modification, the provision of the local or private Act shall, in relation to a trunk road, be subject to a similar modification, and the Minister may by the same order specify the modification to which the provision of the local or private Act is accordingly to be subject.

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12 General provision as to principal and classified roads.

(1) Subject to subsection (3) below, all such highways or proposed highways as immediately before the commencement of this Act— (a) were principal roads for the purposes of any enactment or instrument which refers to roads or highways classified by the Minister as principal roads, either by virtue of having been so classified under section 27(2) of the Local Government Act 1966 (which is replaced by subsection (3) below), or by virtue of being treated as such in accordance with section 40(1) of the Local Government Act 1974, (b) were (whether or not they also fall within paragraph (a) above) classified roads for the purposes of any enactment or instrument which refers to roads classified by the Minister (but does not specifically refer to their classification as principal roads), either by virtue of having been so classified under section 27(2) of the said Act of 1966, or by virtue of being treated as such in accordance with section 40(1) of the said Act of 1974, or (c) were classified roads for the purposes of any enactment or instrument by virtue of being treated as such in accordance with section 27(4) of the said Act of 1966, continue to be, and to be known as, principal roads or, as the case may be, classified roads (or both principal roads and classified roads of a category other than principal roads, in the case of highways falling within both paragraph (a) and paragraph (b) above) for the purposes specified in subsection (2) below. (2) So far as a highway that continues to be a principal or classified road in accordance with subsection (1) above was, immediately before the commencement of this Act, a classified road for the purposes of any enactment repealed and replaced by this Act, it is a classified road for the purposes of the corresponding provision of this Act; and so far as any such highway was immediately before the commencement of this Act a principal or classified road for the purposes of any other enactment, or any instrument, it so continues for the purposes of that enactment or instrument. (3) The Minister may for the purposes of— (a) any provision of this Act which refers to classified roads, or (b) any other enactment or any instrument (whether passed or made before or after the passing of this Act) which refers to highways classified by the Minister, classify highways or proposed highways, being highways or proposed highways for which local highway authorities are the highway authorities, in such manner as he may from time to time determine after consultation with the highway authorities concerned. (4) References in any provision hereafter contained in this Act to classified roads are references to— (a) any highway or proposed highway that for the time being is a classified road for the purposes of that provision by virtue of subsections (1) and (2) above; (b) any highway or proposed highway that for the time being is classified under subsection (3) above for the purposes of that provision, or for the purposes of enactments that include that provision; and (c) any highway or proposed highway that for the time being is classified under subsection (3) above as a principal road for the purposes of any enactment or instrument which refers to roads or highways classified by the Minister as principal roads.

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13 Power to change designation of principal roads.

(1) The Minister may by order assign some other description to the highways which for the time being are principal roads for the purposes of any enactment or instrument (whether by virtue of section 12(1) and (2) above, or by virtue of having been so classified under section 12(3) above, or otherwise). (2) If an order is made under subsection (1) above, then, except in so far as the order otherwise provides, any reference to a principal road in any enactment or instrument passed or made before the order is made (including an enactment in this Act) is to be construed as a reference to a highway of the description specified in the order. (3) Nothing in subsection (1) above affects the power of the Minister under section 12(3) above to classify highways or proposed highways in such manner as he may determine after consultation with the highway authority concerned.

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14 Powers as respects roads that cross or join trunk or classified roads.

(1) Provision may be made by an order under this section in relation to a trunk road or a classified road, not being, in either case, a special road, for any of the following purposes:— (a) for authorising the highway authority for the road— (i) to stop up, divert, improve, raise, lower or otherwise alter a highway that crosses or enters the route of the road or is or will be otherwise affected by the construction or improvement of the road; (ii) to construct a new highway for purposes concerned with any such alteration as aforesaid or for any other purpose connected with the road or its construction, and to close after such period as may be specified in the order any new highway so constructed for temporary purposes; (b) for transferring to such other highway authority as may be specified in the order, as from such date as may be so specified, a highway constructed by the highway authority in pursuance of the order or any previous order made under this section; (c) for any other purpose incidental to the purposes aforesaid; and references in this section, with respect to an order made thereunder, to “the road” and “the highway authority” are references to, respectively, the trunk road or, as the case may be, classified road to which the order relates and the highway authority for that road. (1A) Subsection (1) is subject to section 33(4) of the Planning Act 2008 (exclusion of powers to make or confirm orders in relation to highways for which development consent required) and section 20(3) of the Infrastructure (Wales) Act 2024 (exclusion of powers to make or confirm orders in relation to highways for which infrastructure consent required). (2) The provision that may be made pursuant to subsection (1)(c) above in an order under this section that provides for the stopping up or diversion of a highway, includes provision for the preservation of any rights— (a) of statutory undertakers in respect of any apparatus of theirs which immediately before the date of the order is under, in, on, over, along or across the highway to be stopped up or diverted; . . . (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (3) An order under this section— (a) in relation to a trunk road for which he is the highway authority shall be made by the Minister, and (b) in any other case shall be made by the highway authority and confirmed by the Minister. (4) Parts I and III of Schedule 1 to this Act have effect as to the making of an order under this section; and Schedule 2 to this Act has effect as to the validity and date of operation of any such order. (5) Subject to subsection (4) above, an order under this section relating to a trunk road may come into operation on the same day as the order under section 10 above relating to that road. (6) No order under this section authorising the stopping up of a highway shall be made or confirmed by the Minister unless he is satisfied that another reasonably convenient route is available or will be provided before the highway is stopped up. (7) An order under this section may provide for the payment of contributions— (a) by the highway authority to any other highway authority in respect of any additional liabilities imposed on that other authority in consequence of the order or of any previous order made under this section; (b) to the highway authority by any other highway authority in respect of any liabilities so imposed on the first-mentioned authority that would otherwise have fallen to be discharged by that other authority; and may also provide for the determination by arbitration of disputes as to the payment of such contributions.

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14A Designation of first GLA roads by Secretary of State.

(1) The Secretary of State may by order designate highways or proposed highways as highways which are to be GLA roads. (2) Any highway or proposed highway so designated— (a) shall become a GLA road, and (b) if it is a trunk road or other highway for which the Secretary of State is the highway authority, shall accordingly cease to be such a road or highway, on such date as may be specified in that behalf in the order. (3) Orders under this section may be made or amended at any time before the beginning of the term of office of the first Mayor of London.

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14B Orders of the Authority changing what are GLA roads.

(1) The Mayor of London shall keep under review the system of highways and proposed highways in Greater London and the allocation of responsibility for that system between the different local highway authorities. (2) If the Mayor of London considers it expedient that— (a) any highway or proposed highway in Greater London, other than a trunk road, should become a GLA road, or (b) that any GLA road should cease to be such a road and should become a road for which the highway authority is a London borough council or the Common Council, the Greater London Authority may by order direct that that highway or proposed highway shall become, or (as the case may be) that that road shall cease to be, a GLA road as from such date as may be specified in that behalf in the order. (3) Where an order under subsection (2) above directs that a highway or proposed highway shall become a GLA road, it shall become such a road as from the date specified in that behalf in the order. (4) Where an order under subsection (2) above directs that a GLA road shall cease to be such a road, then, as from the date specified in that behalf in the order, the road shall cease to be a GLA road and the following authority, that is to say— (a) where the road is situated in a London borough, the council for the London borough, and (b) where the road is situated in the City, the Common Council, shall become the highway authority for the road. (5) 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. (6) For the purposes of subsection (5) above, the relevant highway authority is— (a) in the case of an order directing that a highway or proposed highway shall become a GLA road, the authority which is the highway authority for the highway or proposed highway; and (b) in the case of an order directing that a GLA road shall cease to be such a road, the authority which will become the highway authority for the road in consequence of the order.

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14C Certification and records of GLA roads.

(1) A certificate by or on behalf of Transport for London that any highway or proposed highway is, or is not, for the time being a GLA road shall be evidence of the facts stated in the certificate. (2) A certificate under subsection (1) above may describe the highway or proposed highway in question by reference to a map. (3) Transport for London shall prepare and maintain a record of the highways which are for the time being GLA roads. (4) The record required to be prepared and maintained under subsection (3) above may consist of— (a) a list; (b) a map; or (c) a list and a map. (5) Transport for London shall deposit a copy of that record with the Greater London Authority, each of the London borough councils and the Common Council. (6) Transport for London, and the Greater London Authority, each of the London borough councils and the Common Council, shall make the record, or (as the case may be) the copies of the record deposited with them, available for inspection by the public at all reasonable hours.

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14D Construction of provisions relating to GLA roads.

(1) Any reference in any provision of this Act or any other enactment to a GLA road shall be construed as a reference to a highway or proposed highway in Greater London which is for the time being a GLA road by virtue of— (a) section 2(3) above; (b) an order made by the Secretary of State under section 14A above; or (c) an order made under section 14B above by the Greater London Authority. (2) The functions conferred or imposed on the Greater London Authority in relation to GLA roads shall be functions of the Authority which are exercisable by the Mayor of London acting on behalf of the Authority. (3) Subsection (2) above does not apply in relation to any function expressly conferred or imposed on the London Assembly.

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16 General provision as to special roads.

(1) Subject to the provisions of this Act, all such highways or proposed highways as immediately before the commencement of this Act were special roads, as being highways or proposed highways provided, or to be provided, in pursuance of a scheme made, or having effect as if made, under section 11 of the Highways Act 1959 (which section is replaced by subsections (3) to (10) below), continue to be, and to be known as, special roads. (2) Roads that continue to be special roads by virtue of subsection (1) above continue, subject to the provisions of this Act, to be special roads for the use of traffic of the classes for the use of which they were special roads immediately before the commencement of this Act. (3) A highway authority may be authorised by means of a scheme under this section to provide, along a route prescribed by the scheme, a special road for the use of traffic of any class prescribed thereby. (3A) Subsection (3) is subject to section 33(4) of the Planning Act 2008 (exclusion of powers to make or confirm schemes in relation to highways for which development consent required) and section 20(3) of the Infrastructure (Wales) Act 2024 (exclusion of powers to make or confirm orders in relation to highways for which infrastructure consent required). (4) A reference in this Act to a special road authority is a reference to— (a) except where paragraph (b) or (c) applies, a highway authority authorised to provide a special road by means of— (i) a scheme under this section, or (ii) a scheme referred to in subsection (1); (b) except where paragraph (c) applies, the highway authority determined to be the special road authority by a jointly submitted scheme under subsection (10); (c) a strategic highways company, where the company is the highway authority for a special road by virtue of an appointment under Part 1 of the Infrastructure Act 2015. (5) A special road authorised by a scheme under this section may be provided— (a) by means of the construction by the special road authority of a new highway along the route prescribed by the scheme or any part thereof; (b) by means of the appropriation under subsequent provisions in that behalf of this Part of this Act of a highway comprised in that route for which the special road authority are the highway authority; (c) by means of the transfer to the special road authority under subsequent provisions in that behalf of this Part of this Act of a highway comprised in that route for which they are not the highway authority. (6) A scheme under this section authorising the provision of a special road shall— (a) in the case of a road to be provided by the Minister, be made by the Minister; and (b) in any other case of a road to be provided by a ... highway authority, be made by that authority and confirmed by the Minister. (7) Parts II and III of Schedule 1 to this Act have effect as to the making of a scheme under this section; and Schedule 2 to this Act has effect as to the validity and date of operation of any such scheme. (8) Before making or confirming a scheme under this section, the Minister shall give due consideration to the requirements of local and national planning, including the requirements of agriculture. (9) If objection to a scheme under this section is duly made in accordance with Part II of the said Schedule 1 by the highway authority for a highway comprised in the route of the special road authorised by the scheme, and is not withdrawn, the scheme shall be subject to special parliamentary procedure. (10) A scheme under this section may be submitted to the Minister jointly by any two or more ... highway authorities, and any such scheme may determine which of those authorities shall be the special road authority for the special road or any part thereof, and may provide— (a) for the performance by that authority, in relation to the road or that part thereof, of any of the highway functions of any other authority who are party to the application, and (b) for the making of contributions by that other authority to the special road authority in respect of expenditure incurred in the performance of those functions; and in relation to a special road provided or to be provided in pursuance of such a scheme, or any part of such a road ....

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17 Classification of traffic for purposes of special roads.

(1) Different classes of traffic may be prescribed by a scheme under section 16 above in relation to different parts of the special road to which the scheme relates. (2) The classes of traffic prescribed by any such scheme shall be prescribed by reference to the classes set out in Schedule 4 to this Act. (3) The Minister of Transport may by order amend the said Schedule 4 by varying the composition of any class of traffic specified therein or adding a further class of traffic to those so specified, . . . (4) An amending order may contain provision applying the amendments made by the order to existing schemes (whether made by the Minister or a local highway authority); and in the absence of such provision an amending order does not affect the classes of traffic prescribed in an existing scheme. In this subsection an “existing scheme” means a scheme under section 16 made before the order comes into operation.

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18 Supplementary orders relating to special roads.

(1) Provision in relation to a special road may be made by an order under this section for any of the following purposes:— (a) for appropriating as, or as part of, the special road, as from such date as may be specified in the order, a highway which is comprised in the route prescribed by the scheme authorising the special road and which is a highway for which the special road authority are the highway authority; (b) for transferring to the special road authority, as from such date as may be specified in the order, a highway which is comprised in the route prescribed by the scheme authorising the special road and which is a highway for which they are not the highway authority; (c) for authorising the special road authority— (i) to stop up, divert, improve, raise, lower or otherwise alter a highway that crosses or enters the route of the special road or is or will be otherwise affected by the construction or improvement of the special road; (ii) to construct a new highway for purposes connected with any such alteration as aforesaid or for any other purpose connected with the special road or its construction, and to close after such period as may be specified in the order any new highway so constructed for temporary purposes; (d) for transferring to such highway authority as may be specified in the order, as from such date as may be so specified, a highway constructed by the special road authority in pursuance of the order or any previous order made under this section; (e) for authorising or requiring the special road authority to exercise, either concurrently with or to the exclusion of any local authority, any functions which, apart from the order, would be exercisable by that local authority in relation to the special road other than functions of that authority as local planning authority; (f) for any other purpose incidental to the purposes aforesaid or otherwise incidental to the construction or maintenance of, or other dealing with, the special road. (1A) Subsection (1) is subject to section 33(4) of the Planning Act 2008 (exclusion of powers to make or confirm orders in relation to highways for which development consent required) and section 20(3) of the Infrastructure (Wales) Act 2024 (exclusion of powers to make or confirm orders in relation to highways for which infrastructure consent required). (2) The provision that may be made pursuant to subsection (1)(f) above in an order under this section that provides for the stopping up or diversion of a highway, includes provision for the preservation of any rights— (a) of statutory undertakers in respect of any apparatus of theirs which immediately before the date of the order is under, in, on, over, along or across the highway to be stopped up or diverted; . . . (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (3) An order under this section making provision in connection with a special road shall— (a) in the case of a special road provided or to be provided by the Minister be made by the Minister; and (b) in any other case of a special road provided or to be provided by a ... highway authority, be made by that authority and confirmed by the Minister. (4) Parts I and III of Schedule 1 to this Act have effect as to the making of an order under this section; and Schedule 2 to this Act has effect as to the validity and date of operation of any such order. (5) Subject to subsection (4) above, an order under this section may come into operation on the same day as the scheme authorising the special road to which it relates. (6) No order providing for the appropriation by or transfer to a special road authority of a highway comprised in the route prescribed by the scheme authorising the special road shall be made or confirmed by the Minister under this section unless either— (a) he is satisfied that another reasonably convenient route is available for traffic other than traffic of the class authorised by the scheme, or will be provided before the date on which the appropriation or transfer takes effect, or (b) he is satisfied that no such other route is reasonably required for any such other traffic; and no order authorising the stopping up of a highway shall be made or confirmed by the Minister under this section unless he is satisfied that another reasonably convenient route is available or will be provided before the highway is stopped up. (7) An order under this section may provide for the payment of contributions— (a) by a special road authority to any other highway authority in respect of any additional liabilities imposed on that other authority in consequence of the provisions of the order or of any previous order made under this section, (b) to a special road authority by any other authority in respect of any liabilities so imposed on the special road authority that would otherwise have fallen to be discharged by the other authority, and may also provide for the determination by arbitration of disputes as to the payment of such contributions. (8) In this section “local authority” means . . . the Common Council and the council of a county, district, London borough, parish or community, and includes the parish meeting of a . . . parish not having a separate parish council.

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19 Certain special roads and other highways to become trunk roads.

(1) A special road to be provided by the Ministeror a strategic highways company in pursuance of a scheme under section 16 above shall, except so far as it is provided by means of the appropriation or transfer of a highway, become a trunk road on such date as may be specified in the scheme. (2) A highway (not being a trunk road) which, by means of an order under section 18 above, is appropriated as, or as part of, a special road to be provided by the Ministeror a strategic highways company, and a highway which, by means of such an order, is transferred to the Ministeror a strategic highways company, shall become a trunk road on the date on which it is so appropriated or is so transferred, as the case may be. (3) Subsections (1) and (2) above have effect subject to any provision of the scheme under section 16 directing that the special road in question or any part of it shall not be a trunk road. Any such provision does not affect the power of the Minister to make an order under section 10(2)(a) with respect to the special road or part.

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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.

(1) . . . sections 271 to 274 of the Town and Country Planning Act 1990, (power to extinguish rights of statutory undertakers and power of statutory undertakers to remove or re-site apparatus) apply in relation to any land specified in subsection (2) below as they apply in relation to land acquired by a Minister, a local authority or statutory undertakers under Part IX of that Act, or under any other enactment, or appropriated by a local authority for planning purposes; and all such other provisions of that Act as apply for the purposes of those provisions (including sections 279(2) to (4), 280 and 282, which provide for the payment of compensation, and sections 275 to 278 which contain provisions consequential on the extinguishment of any rights under section 271 or 272) shall have effect accordingly. (2) The land referred to in subsection (1) above is— (a) land acquired or appropriated by a special road authority for the purposes of carrying out any works in pursuance of a scheme under section 16 above or an order under section 18 above; (b) land forming the site of any part of a highway which is appropriated by or transferred to a special road authority by means of an order under section 18 above; (c) land over which there subsists or has subsisted a highway the stopping up or diversion of which is or was authorised by an order under section 14 or 18 above. (3) The provisions of the said Act of 1990 referred to in subsection (1) above have effect, as applied for the purposes of this section— (a) in relation to any such land as is referred to in subsection (2)(a) or (b) above, subject to the modifications set out in Part I of Schedule 5 to this Act, and (b) in relation to any such land as is referred to in subsection (2)(c) above, subject to the modifications set out in Part II of that Schedule. (4) Where any apparatus of public utility undertakers is removed in pursuance of a notice or order given or made under section 271, 272, or 273 of the said Act of 1990, as applied for the purposes of this section in relation to any such land as is specified in paragraph (a) or (b) of subsection (2) above, any person who is the owner or occupier of premises to which a supply was given from that apparatus shall be entitled to recover from the special road authority compensation in respect of expenditure reasonably incurred by him, in consequence of the removal, for the purpose of effecting a connection between the premises and any other apparatus from which a supply is given. (4A) Subsection (4) above shall not apply in the case of the removal of a public sewer but where such a sewer is removed in pursuance of such a notice or order as is mentioned in that subsection, any person who is— (a) the owner or occupier of premises the drains of which communicated with that sewer; or (b) the owner of a private sewer which communicated with that sewer, is entitled to recover from the special road authority compensation in respect of expenditure reasonably incurred by him, in consequence of the removal, for the purpose of making his drain or sewer communicate with any other public sewer or with a private sewage disposal plant. (5) In this section “owner”, in relation to any premises, means a person, other than a mortgagee not in possession, who is for the time being entitled to dispose of the fee simple in the premises, whether in possession or in reversion, and includes also a person holding or entitled to the rents and profits of the premises under a lease the unexpired term of which exceeds three years.

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23 Compensation in respect of certain works executed in pursuance of orders under section 14 or 18.

Where, in pursuance of an order under section 14 or 18 above, the Minister,a strategic highways company, a special road authority or a local highway authority, as the case may be, execute in, or with respect to, a highway works which the highway authority for that highway have power to execute under Part V of this Act, the Minister,the strategic highways company, the special road authority or the local highway authority, as the case may be, shall be subject to the like liability to pay compensation to a person who sustains damage by reason of the execution of those works as would be the highway authority for that highway had those works been executed by that authority under the said Part V.

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24 Construction of new highways and provision of road-ferries.

(1) The Ministeror a strategic highways company may... construct new highways; but where heor it proposes to construct a new highway other than— (a) a trunk road, (b) a special road, (c) a highway the construction of which is authorised by an order relating to a trunk road under section 14 above or an order under section 18 above, or (d) a highway to be constructed for purposes connected with any function exercisable by himor it under an agreement made under section 4 above, heor it shall give notice of hisor its proposals to, and consider any representations by, every council through whose area the highway will pass. (1A) Where a strategic highways company proposes to construct a highway which will communicate with a highway for which another strategic highways company is the highway authority, the communication shall not be made unless the manner in which it is to be made has been approved by the Secretary of State. (2) A local highway authority may construct new highways; but— (a) where a new highway to be constructed by such an authority will communicate with a highway for which the Ministeror a strategic highways company is the highway authority;. . . (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . the communication shall not be made unless the manner in which it is to be made has been approved by the Ministeror the company. . . (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (4) The Minister or a local highway authority may provide and maintain new road-ferries.

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25 Creation of footpath , bridleway or restricted byway by agreement.

(1) A local authority may enter into an agreement with any person having the necessary power in that behalf for the dedication by that person of a footpath , bridleway or restricted byway over land in their area. An agreement under this section is referred to in this Act as a “public path creation agreement”. (2) For the purposes of this section “local authority”— (a) in relation to land outside Greater London means a county council, a district council . . .; and (b) in relation to land in Greater London means . . . a London borough council or the Common Council. (3) Before entering into an agreement under this section a local authority shall consult any other local authority or authorities in whose area the land concerned is situated. (4) An agreement under this section shall be on such terms as to payment or otherwise as may be specified in the agreement and may, if it is so agreed, provide for the dedication of the footpath , bridleway or restricted byway subject to limitations or conditions affecting the public right of way over it. (5) Where a public path creation agreement has been made it shall be the duty of the local authority who are a party to it to take all necessary steps for securing that the footpath , bridleway or restricted byway is dedicated in accordance with it. (6) As soon as may be after the dedication of a footpath , bridleway or restricted byway in accordance with a public path creation agreement, the local authority who are party to the agreement shall give notice of the dedication by publication in at least one local newspaper circulating in the area in which the land to which the agreement relates is situated.

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26 Compulsory powers for creation of footpaths , bridleways and restricted byways.

(1) Where it appears to a local authorityor a strategic highways company that there is need for a footpath bridleway or restricted byway over land in their area and they are satisfied that, having regard to— (a) the extent to which the path or way would add to the convenience or enjoyment of a substantial section of the public, or to the convenience of persons resident in the area, and (b) the effect which the creation of the path or way would have on the rights of persons interested in the land, account being taken of the provisions as to compensation contained in section 28 below, it is expedient that the path or way should be created, the authorityor company may by order made by themor it and submitted to and confirmed by the Secretary of State, or confirmed by themor it as an unopposed order, create a footpath bridleway or restricted byway over the land. An order under this section is referred to in this Act as a “public path creation order”; and for the purposes of this section “local authority” has the same meaning as in section 25 above. (2) Where it appears to the Secretary of State in a particular case that there is need for a footpath bridleway or restricted byway as mentioned in subsection (1) above, and he is satisfied as mentioned in that subsection, he may, after consultation with each body which is a local authority for the purposes of this section in relation to the land concerned, make a public path creation order creating the footpath bridleway or restricted byway. (3) A local authorityand a strategic highways company shall, before exercising any power under this section, consult any ... local authority or authorities in whose area the land concerned is situated. (3A) The considerations to which— (a) the Secretary of State is to have regard in determining whether or not to confirm or make a public path creation order, and (b) a local authorityand a strategic highways company are to have regard in determining whether or not to confirm such an order as an unopposed order, include any material provision of a rights of way improvement plan prepared by any local highway authority whose area includes land over which the proposed footpath bridleway or restricted byway would be created. (4) A right of way created by a public path creation order may be either unconditional or subject to such limitations or conditions as may be specified in the order. (5) A public path creation order shall be in such form as may be prescribed by regulations made by the Secretary of State, and shall contain a map, on such scale as may be so prescribed, defining the land over which a footpath bridleway or restricted byway is thereby created. (6) Schedule 6 to this Act shall have effect as to the making, confirmation, validity and date of operation of public path creation orders.

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27 Making up of new footpaths , bridleways and restricted byways.

(1) On the dedication of a footpath , bridleway or restricted byway in pursuance of a public path creation agreement, or on the coming into operation of a public path creation order, being— (a) an agreement or order made by a local authority who are not the highway authority for the path in question, or (b) an order made by the Secretary of State under section 26(2) above in relation to which he directs that this subsection shall apply, the highway authority shall survey the path or way and shall certify what work (if any) appears to them to be necessary to bring it into a fit condition for use by the public as a footpath , bridleway or restricted byway, as the case may be, and shall serve a copy of the certificate on the local authority mentioned in paragraph (a) above or, where paragraph (b) applies, on such local authority as the Secretary of State may direct. (2) It shall be the duty of the highway authority to carry out any works specified in a certificate under subsection (1) above, and where the authority have carried out the work they may recover from the authority on whom a copy of the certificate was served any expenses reasonably incurred by them in carrying out that work, including any expenses so incurred in the discharge of any liability for compensation in respect of the carrying out thereof. (3) Notwithstanding anything in the preceding provisions of this section, where an agreement or order is made as mentioned in subsection (1)(a) above, the local authority making the agreement or order may— (a) with the consent of the highway authority carry out (in place of the highway authority) the duties imposed by that subsection on the highway authority; and (b) carry out any works which, apart from this subsection, it would be the duty of the highway authority to carry out under subsection (2) above. (4) Where the Secretary of State makes a public path creation order under section 26(2) above, he may direct that subsection (5) below shall apply. (5) Where the Secretary of State gives such a direction— (a) the local authority who, on the coming into force of the order, became the highway authority for the path or way in question shall survey the path or way and shall certify what work (if any) appears to them to be necessary to bring it into a fit condition for use by the public as a footpath , bridleway or restricted byway, as the case may be, and shall furnish the Secretary of State with a copy of the certificate; (b) if the Secretary of State is not satisfied with a certificate made under the foregoing paragraph, he shall either cause a local inquiry to be held or shall give to the local authority an opportunity of being heard by a person appointed by him for the purpose and, after considering the report of the person appointed to hold the inquiry or the person so appointed as aforesaid, shall make such order either confirming or varying the certificate as he may think fit; and (c) subject to the provisions of the last foregoing paragraphs, it shall be the duty of the highway authority to carry out the work specified in a certificate made by them under paragraph (a) above. (6) In this section “local authority” means any council . . ..

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28 Compensation for loss caused by public path creation order.

(1) Subject to the following provisions of this section, if, on a claim made in accordance with this section, it is shown that the value of an interest of a person in land is depreciated, or that a person has suffered damage by being disturbed in his enjoyment of land, in consequence of the coming into operation of a public path creation order, the authority by whom the order was made shall pay to that person compensation equal to the amount of the depreciation or damage. (2) A claim for compensation under this section shall be made within such time and in such manner as may be prescribed by regulations made by the Secretary of State, and shall be made to the authority by whom the order was made. (3) For the purposes of the application of this section to an order made by the Secretary of State under section 26(2) above, references in this section to the authority by whom the order was made are to be construed as references to such one of the authorities referred to in that subsection as may be nominated by the Secretary of State for the purposes of this subsection. (4) Nothing in this section confers on any person, in respect of a footpath , bridleway or restricted byway created by a public path creation order, a right to compensation for depreciation of the value of an interest in the land, or for disturbance in his enjoyment of land, not being in either case land over which the path or way was created or land held therewith, unless the creation of the path or way would have been actionable at his suit if it had been affected otherwise than in the exercise of statutory powers. (5) In this section “interest”, in relation to land, includes any estate in land and any right over land, whether the right is exercisable by virtue of the ownership of an interest in land or by virtue of a licence or agreement, and in particular includes sporting rights.

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29 Duty to have regard to agriculture, forestry and nature conservation.

(1) In the exercise of their functions under this Part of this Act relating to the making of public path creation agreements and public path creation orders it shall be the duty of councils to have due regard to— (a) the needs of agriculture and forestry, and (b) the desirability of conserving flora, fauna and geological and physiographical features. (2) In this section, “agriculture” includes the breeding or keeping of horses.

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30 Dedication of highway by agreement with parish or community council.

(1) The council of a parish or community may enter into an agreement with any person having the necessary power in that behalf for the dedication by that person of a highway over land in the parish or community or an adjoining parish or community in any case where such a dedication would in the opinion of the council be beneficial to the inhabitants of the parish or community or any part thereof. (2) Where the council of a parish or community have entered into an agreement under subsection (1) above for the dedication of a highway they may carry out any works (including works of maintenance or improvement) incidental to or consequential on the making of the agreement or contribute towards the expense of carrying out such works, and may agree or combine with the council of any other parish or community to carry out such works or to make such a contribution.

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31 Dedication of way as highway presumed after public use for 20 years.

(1) Where a way over any land, other than a way of such a character that use of it by the public could not give rise at common law to any presumption of dedication, has been actually enjoyed by the public as of right and without interruption for a full period of 20 years, the way is to be deemed to have been dedicated as a highway unless there is sufficient evidence that there was no intention during that period to dedicate it. (1A) Subsection (1)— (a) is subject to section 66 of the Natural Environment and Rural Communities Act 2006 (dedication by virtue of use for mechanically propelled vehicles no longer possible), but (b) applies in relation to the dedication of a restricted byway by virtue of use for non-mechanically propelled vehicles as it applies in relation to the dedication of any other description of highway which does not include a public right of way for mechanically propelled vehicles. (2) The period of 20 years referred to in subsection (1) above is to be calculated retrospectively from the date when the right of the public to use the way is brought into question, whether by a notice such as is mentioned in subsection (3) below or otherwise. (3) Where the owner of the land over which any such way as aforesaid passes— (a) has erected in such manner as to be visible to persons using the way a notice inconsistent with the dedication of the way as a highway, and (b) has maintained the notice after the 1st January 1934, or any later date on which it was erected, the notice, in the absence of proof of a contrary intention, is sufficient evidence to negative the intention to dedicate the way as a highway. (4) In the case of land in the possession of a tenant for a term of years, or from year to year, any person for the time being entitled in reversion to the land shall, notwithstanding the existence of the tenancy, have the right to place and maintain such a notice as is mentioned in subsection (3) above, so, however, that no injury is done thereby to the business or occupation of the tenant. (5) Where a notice erected as mentioned in subsection (3) above is subsequently torn down or defaced, a notice given by the owner of the land to the appropriate council that the way is not dedicated as a highway is, in the absence of proof of a contrary intention, sufficient evidence to negative the intention of the owner of the land to dedicate the way as a highway. (6) An owner of land may at any time deposit with the appropriate council— (a) a map of the land ..., and (b) a statement indicating what ways (if any) over the land he admits to have been dedicated as highways; and, in any case in which such a deposit has been made, ... declarationsin valid form made by that owner or by his successors in title and lodged by him or them with the appropriate council at any time— (i) within the relevant number of years from the date of the deposit, or (ii) within the relevant number of years from the date on which any previous declaration was last lodged under this section. to the effect that no additional way (other than any specifically indicated in the declaration) over the land delineated on the said map has been dedicated as a highway since the date of the deposit, or since the date of the lodgment of such previous declaration, as the case may be, are, in the absence of proof of a contrary intention, sufficient evidence to negative the intention of the owner or his successors in title to dedicate any such additional way as a highway. (6A) Where the land is in England— (a) a map deposited under subsection (6)(a) and a statement deposited under subsection (6)(b) must be in the prescribed form, (b) a declaration is in valid form for the purposes of subsection (6) if it is in the prescribed form, and (c) the relevant number of years for the purposes of sub-paragraphs (i) and (ii) of subsection (6) is 20 years. (6B) Where the land is in Wales— (a) a map deposited under subsection (6)(a) must be on a scale of not less than 6 inches to 1 mile, (b) a declaration is in valid form for the purposes of subsection (6) if it is a statutory declaration, and (c) the relevant number of years for the purposes of sub-paragraphs (i) and (ii) of subsection (6) is 10 years. (6C) Where, under subsection (6), an owner of land in England deposits a map and statement or lodges a declaration, the appropriate council must take the prescribed steps in relation to the map and statement or (as the case may be) the declaration and do so in the prescribed manner and within the prescribed period (if any). (7) For the purposes of the foregoing provisions of this section “owner”, in relation to any land, means a person who is for the time being entitled to dispose of the fee simple in the land; and for the purposes of subsections (5) , (6), (6C) and (13) “the appropriate council” means the council of the county , metropolitan district or London borough in which the way (in the case of subsection (5)) or the land (in the case of subsections (6), (6C) and (13)) is situated or, where the way or land is situated in the City, the Common Council. (7A) Subsection (7B) applies where the matter bringing the right of the public to use a way into question is an application under section 53(5) of the Wildlife and Countryside Act 1981 for an order making modifications so as to show the right on the definitive map and statement. (7B) The date mentioned in subsection (2) is to be treated as being the date on which the application is made in accordance with paragraph 1 of Schedule 14 to the 1981 Act. (8) Nothing in this section affects any incapacity of a corporation or other body or person in possession of land for public or statutory purposes to dedicate a way over that land as a highway if the existence of a highway would be incompatible with those purposes. (9) Nothing in this section operates to prevent the dedication of a way as a highway being presumed on proof of user for any less period than 20 years, or being presumed or proved in any circumstances in which it might have been presumed or proved immediately before the commencement of this Act. (10) Nothing in this section or section 32 below affects section 56(1) of the Wildlife and Countryside Act 1981 (which provides that a definitive map and statement are conclusive evidence as to the existence of the highways shown on the map and as to certain particulars contained in the statement),. . . (10A) Nothing in subsection (1A) affects the obligations of the highway authority, or of any other person, as respects the maintenance of a way. (11) For the purposes of this section “land” includes land covered with water. (12) For the purposes of subsection (1A) “ mechanically propelled vehicle ” does not include a vehicle falling within section 189(1)(c) of the Road Traffic Act 1988 (electrically assisted pedal cycle). (13) The Secretary of State may make regulations for the purposes of the application of subsection (6) to land in England which make provision— (a) for a statement or declaration required for the purposes of subsection (6) to be combined with a statement required for the purposes of section 15A of the Commons Act 2006; (b) as to the fees payable in relation to the depositing of a map and statement or the lodging of a declaration (including provision for a fee payable under the regulations to be determined by the appropriate council). (14) For the purposes of the application of this section to land in England “ prescribed ” means prescribed in regulations made by the Secretary of State. (15) Regulations under this section made by the Secretary of State may make— (a) such transitional or saving provision as the Secretary of State considers appropriate; (b) different provision for different purposes or areas.

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31A Register of maps, statements and declarations.

(1) The appropriate council shall keep, in such manner as may be prescribed, a register containing such information as may be prescribed with respect to maps and statements deposited and declarations lodged with that council under section 31(6) above. (2) Regulations may make provision for the register to be kept in two or more parts, each part containing such information as may be prescribed with respect to such maps, statements and declarations. (3) Regulations may make provision as to circumstances in which an entry relating to a map, statement or declaration, or anything relating to it, is to be removed from the register or from any part of it. (4) Every register kept under this section shall be available for inspection free of charge at all reasonable hours. (5) In this section— “appropriate council” has the same meaning as in section 31(6) above; “prescribed” means prescribed by regulations; “regulations” means regulations made by the Secretary of State.

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32 Evidence of dedication of way as highway.

A court or other tribunal, before determining whether a way has or has not been dedicated as a highway, or the date on which such dedication, if any, took place, shall take into consideration any map, plan or history of the locality or other relevant document which is tendered in evidence, and shall give such weight thereto as the court or tribunal considers justified by the circumstances, including the antiquity of the tendered document, the status of the person by whom and the purpose for which it was made or compiled, and the custody in which it has been kept and from which it is produced.

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33 Protection of rights of reversioners.

The person entitled to the remainder or reversion immediately expectant upon the determination of a tenancy for life, or pour autre vie, in land shall have the like remedies by action for trespass or an injunction to prevent the acquisition by the public of a right of way over that land as if he were in possession thereof.

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34 Conversion of private street into highway.

Without prejudice to the foregoing provisions of this Part of this Act, a street which is not a highway and land to which section 232 below applies may become a highway by virtue of a declaration made by a county council, a metropolitan district council, a London borough council or the Common Council in accordance with the provisions in that behalf contained in Part XI of this Act.

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Highways Act 1980