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1980 c.66
Highway Authorities and Agreements Between Authorities
Highway authorities: general provision.
— (1) The Minister is the highway authority for—(a)
any highway which is a trunk road;
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.
S. 1(1)(aa) inserted (01.11.1991) by New Roads and Street Works Act 1991 (c. 22, SIF 59, 108), s. 21(2); S.I. 1991/2288, art. 3, Sch. | |
Words in s. 1(2) inserted by Local Government Act 1985 (c. 51, SIF 81:1), s. 8, Sch. 4 para. 1(a) | |
S. 1(2A) inserted (3.7.2000) by 1999 c. 29, s. 259(2), (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2(2)(c), Sch. Pt. 3 | |
Words in s. 1(3) substituted by Local Government Act 1985 (c. 51, SIF 81:1), s. 8, Sch. 4 Pt. I, para. 1(b) | |
Words in s. 1(3) inserted (3.7.2000) by 1999 c. 29, ss. 259(3) (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2(2)(c), Sch. Pt. 3 | |
Words in s. 1(3) repealed by Local Government Act 1985 (c. 51, SIF 81:1), s. 102, Sch. 17 | |
S. 1(3A) inserted (3.4.1995 for limited purposes, as mentioned in S.I. 1995/852 and 1.4.1996 otherwise, as mentioned in S.I. 1996/396) by 1994 c. 19, s. 22(1), Sch. 7 Pt. I para. 1(2) (with s. 54(7), Sch. 17 paras. 22(1), 23(2)); S.I. 1995/852, art. 4(1)(5), Sch. 2 (with saving in art. 4(6)); S.I. 1996/396, art. 3, Sch. 1. | |
Words in s. 1(4) inserted by Local Government Act 1985 (c. 51, SIF 81:1), s. 8, Sch. 4 para. 1(c) | |
S. 1(5) added (3.4.1995 for limited purposes, as mentioned in S.I. 1995/852 and 1.4.1996 otherwise, as mentioned in S.I. 1996/396) by 1994 c. 19, s. 22(1), Sch. 7 Pt. I para. 1(3) (with s. 54(7), Sch. 17 paras. 22(1), 23(2)); S.I. 1995/852, art. 4(1)(5), Sch. 2 (with saving in art. 4(6)); S.I. 1996/396, art. 3, Sch. 1. | |
Highway authority for road which ceases to be a trunk road.
[F11 (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 [F12 or metropolitan district], and
where the road is situated in Greater London, Transport for London,]
S. 2 renumbered 2(1) and s. 2(2) inserted (01.11.1991) by New Roads and Street Works Act 1991 (c. 22, SIF 59, 108), s. 21(3); S.I. 1991/2288, art. 3, Sch. | |
Words inserted by Local Government Act 1985 (c. 51, SIF 81:1), s. 8, Sch. 4 para. 2 | |
S. 2(1)(b) substituted (3.7.2000) by 1999 c. 29, s. 259(4) (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2(2)(c), Sch. Pt. 3 | |
S. 2(3) added (3.7.2000) by 1999 c. 29, ss. 259(5), (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2(2)(c), Sch. Pt. 3 | |
Highway authority for approaches to and parts of certain bridges.
— (1) Where a bridge carries a highway for which the Minister 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.(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;
Agreement for exercise by Minister of certain functions of local highway authority as respects highway affected by construction, etc. of trunk road.
— (1) The Minister 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 a trunk road or is or will be otherwise affected by the construction or improvement of a 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 Minister on such terms and subject to such conditions (if any) as may be so specified.(a)
by the Minister 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 Minister by that other authority in respect of liabilities so imposed on the Minister, being liabilities which would otherwise have fallen to be discharged by that other authority;
Word inserted by Local Government Act 1985 (c. 51, SIF 81:1), s. 8, Sch. 4 para. 3 | |
Agreement for local highway authority to maintain and improve certain highways constructed or to be constructed by Minister.
— (1) The local highway authority may by agreement with the Minister undertake the maintenance and improvement of a highway in their area, being a highway (other than a trunk road) which the Minister proposes to construct or has, whether before or after the commencement of this Act, constructed. Delegation etc. of functions with respect to trunk roads.
— (1) The Minister may by agreement with a county council, [F16 a metropolitan district council], or a London borough council delegate to that council all or any of his 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 in connection with a trunk road under section 239(2) or (4) or section 246 below;. . . F17 (a)
with respect to a trunk road or land outside their 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 their area but within a metropolitan district except after consultation with the council of that district.]
(a)
that the works to be executed and the expenditure to be incurred by the council in the discharge of the delegated functions shall be subject to the approval of the Minister;
(b)
that the council shall comply with any requirement of the Minister as to the manner in which any such works are to be carried out, and with any directions of the Minister 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.
(a)
for the construction of a trunk road, or
(b)
for the carrying out by them of any work of improvement of, or other dealing with, any trunk road or any such land as is mentioned in subsection (1) above;
(a)
any functions have been delegated by the Minister to a county council under subsection (1) above, or
(b)
the Minister has entered into an agreement with a county council under subsection (5) above,
(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.]
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.]
(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.]
Words substituted by Local Government Act 1985 (c. 51, SIF 81:1), s. 8, Sch. 4 para. 4(a)(i) | |
Words repealed by Local Government Act 1985 (c. 51, SIF 81:1), ss. 8, 102, Sch. 4 para. 4(a)(ii), Sch. 17 | |
S. 6(1A) inserted by Local Government Act 1985 (c. 51, SIF 81:1), s. 8, Sch. 4 para. 4(b) | |
S. 6(1B) inserted (1.4.1996) by 1994 c. 19, s. 22(1), Sch. 7 Pt. I para. 2(2) (with s. 54(7), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 3, Sch.1. | |
Words substituted by Local Government Act 1985 (c. 51, SIF 81:1), s. 8, Sch. 4 para. 4(c) | |
Words in s. 6(6) inserted (1.4.1996) by 1994 c. 19, s. 22(1), Sch. 7 Pt. I para. (3)(a) (with s. 54(7), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 3, Sch.1. | |
Words in s. 6(6) inserted (1.4.1996) by 1994 c. 19, s. 22(1), Sch. 7 Pt. I para. 2(3)(b) (with s. 54(7), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 3, Sch.1. | |
Words in s. 6(6) substituted (1.4.1996) by 1994 c. 19, s. 22(1), Sch. 7 Pt. I para. 2(3)(c) (with s. 54(7), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 3, Sch.1. | |
Words repealed by Local Government Act 1985 (c. 51, SIF 81:1), ss. 8, 102, Sch. 4 para. 4(d), Sch. 17 | |
S. 6(6A) inserted by Local Government Act 1985 (c. 51, SIF 81:1), s. 8, Sch. 4 para. 4(e) | |
Words in s. 6(6A) substituted (1.4.1996) by 1994 c. 19, s. 22(1), Sch. 7 Pt. I para. 2(4) (with s. 54(7), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 3, Sch.1. | |
S. 6(6A)(c) inserted (1.4.1996) by 1994 c. 19, s. 22(1), Sch. 7 Pt. I para. 2(4) (with s. 54(7), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 3, Sch.1. | |
Words in s. 6(8) substituted (25.7.1995) by S.I. 1995/1986, art. 3. | |
S. 6 restricted (13.2.1992) by Severn Bridges Act 1992 (c. 3), s. 15(6) | |
S. 7 repealed by Local Government Act 1985 (c. 51, SIF 81:1), s. 102, Sch. 17 | |
Words in s. 8(4) inserted (1.4.1996) by 1994 c. 19, s. 22(1), Sch. 7 Pt. I para. 3(a) (with s. 54(7), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 3, Sch.1. | |
Words in s. 8(4) inserted (1.4.1996) by 1994 c. 19, s. 22(1), Sch. 7 Pt. I para. 3(b) (with s. 54(7), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 3, Sch.1. | |
Words in s. 8(4) substituted (1.4.1996) by 1994 c. 19, s. 22(1), Sch. 7 Pt. I para. 3(c) (with s. 54(7), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 3, Sch.1. | |
Words inserted by Local Government Act 1985 (c. 51, SIF 81:1), s. 8, Sch. 4 para. 5 | |
Words in s. 8(4) inserted (1.4.1996) by 1994 c. 19, s. 22(1), Sch. 7 Pt. I para. 3(d) (with s. 54(7), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 3, Sch.1. | |
Words in s. 8(4) inserted (1.4.1996) by 1994 c. 19, s. 22(1), Sch. 7 Pt. I para. 3(e) (with s. 54(7), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 3, Sch.1. | |
S. 8 restricted by Local Government Act 1985 (c. 51, SIF 81:1), s. 91, Sch. 15 para. 1 | |
Seconding of staff etc.
— (1) A council may enter into an agreement with the Minister for placing at his disposal for the purposes of his 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. Trunk Roads, Classified Roads, Metropolitan Roads, Special Roads
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 M1 Highways Act 1959 continue to be, and to be known as, trunk roads.(a)
that any highway
[F36 or any proposed highway—
should become a trunk road, or
(b)
that any trunk road should cease to be a trunk road,
(a)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Words in s. 10(2)(a) substituted (01.11.1991) by New Roads and Street Works Act 1991 (c. 22, SIF 59, 108), s. 22(2)(a); S.I. 1991/2288, art. 3,Sch. | |
Words in s. 10(4) omitted (01.11.1991) by virtue of New Roads and Street Works Act 1991 (c. 22, SIF 59, 108), s. 22(2)(b), (with ss. 25(2), 167(2)); S.I. 1991/2288, art. 3,Sch. | |
Words in s. 10(4) substituted (01.11.1991) by New Roads and Street Works Act 1991 (c. 22, SIF 59, 108), s. 22(2)(b); S.I. 1991/2288, art. 3, Sch. | |
Words in s. 10(7) substituted (01.11.1991) by New Roads and Street Works Act 1991 (c. 22, SIF 59, 108), s. 22(2)(c); S.I. 1991/2288, art. 3,Sch. | |
S. 10(6) modified (22.7.2008) by Transport for London Act 2008 (c. i), ss. 1, 31(2)(a) (with ss. 31(3), 48) | |
1959 c. 25. | |
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 and while the highway remains a trunk road they shall continue to be so exercisable.(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 Minister only;
(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. . . F40 , as well as by the Minister;
(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 the Minister. . . F40 , as well as by the Minister.
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 M2 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 M3 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,
(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,
(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.
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).S. 13 referred to (1.1.1993) by New Roads and Street Works Act 1991 (c. 22, SIF 59, 108), s. 77(2)(with s. 167(4)(5)); S.I. 1992/2984, art. 2(2), Sch.2 | |
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;
(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;. . . F41
(b)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F41
(a)
in relation to a trunk road shall be made by the Minister, and
(b)
in relation to a classified road shall be made by the highway authority and confirmed by the Minister.
(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;
S. 14(2)(b) and the word immediately preceding it repealed by Water Act 1989 (c. 15, SIF 130), ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)–(10), 190, 193(1), Sch. 26 paras. 3(1)(2), 17, 40(4), 41(1), 57(6), 58, Sch. 27 Pt. I | |
[F42 GLA roads
S. 14A and crossheading inserted (12.1.2000) by 1999 c. 29, s.260 (with Sch. 12 para. 9(1)); S.I. 1999/3434, art.2 | |
F43 14A. (2) Any highway or proposed highway so designated— 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.]
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.(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,
[F44 14B. (2) If the Mayor of London considers it expedient that— 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— shall become the highway authority for the road. (5) An order under this section shall be of no effect unless— (6) For the purposes of subsection (5) above, the relevant highway authority is—
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.(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,
(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,
(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.
(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.]
[F45 14C. (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— (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.]
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.(a)
a list;
(b)
a map; or
(c)
a list and a map.
[F46 14D. (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.]
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.
S. 14D inserted (3.7.2000) by 1999 c. 29, s. 263(1) (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2(2)(c), Sch. Pt. 3 | |
S. 15 repealed by Local Government Act 1985 (c. 51, SIF 81:1), s. 102, Sch. 17 | |
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 M4 Highways Act 1959 (which section is replaced by subsections (3) to (10) below), continue to be, and to be known as, special roads.(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.
(a)
in the case of a road to be provided by the Minister, be made by the Minister; and
(b)
in the case of a road to be provided by a local highway authority, be made by that authority and confirmed by the Minister.
(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;
1959 c. 25. | |
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.Words in s. 17(3) omitted (01.11.1991) by virtue of New Roads and Street Works Act 1991 (c. 22, SIF 59, 108), s. 20(1), (with ss. 25(2), 167(2)); S.I. 1991/2288, art. 3,Sch. | |
S. 17(4) inserted (01.11.1991) by New Roads and Street Works Act 1991 (c. 22, SIF 59, 108), s. 20(1); S.I. 1991/2288, art. 3,Sch. | |
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.
(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;. . . F50
(b)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F50
(a)
in the case of a special road provided or to be provided by the Minister be made by the Minister; and
(b)
in the case of a special road provided or to be provided by a local highway authority, be made by that authority and confirmed by the Minister.
(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;
(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,
S. 18(2)(b) and the word immediately preceding it repealed by Water Act 1989 (c. 15, SIF 130), ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)–(10), 190, 193(1), Sch. 26 paras. 3(1)(2), 17, 40(4), 41(1), 57(6), 58, Sch. 27 Pt. I | |
Words repealed by Local Government Act 1985 (c. 51, SIF 81:1), s. 102, Sch. 17. | |
Word in s. 18(8) repealed (8.11.1995) by 1995 c. 44, s. 1, Sch. 1 Pt. V Group2. | |
Certain special roads and other highways to become trunk roads.
— (1) A special road to be provided by the Minister 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.S. 19(3) added (01.11.1991) by New Roads and Street Works Act 1991 (c. 22, SIF 59, 108), s. 21(1); S.I. 1991/2288, art. 3, Sch. | |
F54 20. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
S. 20 repealed (1.1.1993) by New Roads and Street Works Act 1991 (c. 22, SIF 59, 108), s. 168(2), Sch.9 (with s. 25(2)); S.I. 1992/2984, art. 2(2), Sch.2 | |
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) F55 . . . [F56 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 [F57 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 [F58 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.(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.
(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.
(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,
Words in s. 21(1) repealed (1.1.1993)by New Roads and Street Works Act 1991 (c. 22, SIF 59, 108), s. 168(2), Sch. 9; S.I. 1992/2984, art. 2(2), Sch.2. | |
Words substituted by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 4, Sch. 2 para. 45(1)(a)(i) | |
Words substituted by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 4, Sch. 2 para. 45(1)(a)(ii) | |
Words substituted by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 4, Sch. 2 para. 45(1)(a)(iii) | |
Words substituted by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 4, Sch. 2 para. 45(1)(b) | |
Words substituted by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 4, Sch. 2 para. 45(1)(c) | |
S. 21(4A) inserted by Water Act 1989 (c. 15, SIF 130), ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)–(10), 190, 193(1), Sch. 25 para. 62(1), Sch. 26 paras. 3(1)(2), 17, 40(4), 57(6), 58 | |
S. 22 repealed by Water Act 1989 (c. 15, SIF 130), ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)–(10), 190, 193(1), Sch. 26 paras. 3(1)(2), 17, 40(4), 41(1), 57(6), 58, Sch. 27 Pt. I | |
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 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 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. Creation of Highways
Construction of new highways and provision of road-ferries.
— (1) The Minister may, with the approval of the Treasury, construct new highways; but where he 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 him under an agreement made under section 4 above,
(a)
where a new highway to be constructed by such an authority will communicate with a highway for which the Minister is the highway authority;. . . F63
(b)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F63
S. 24(2)(b) and the word immediately preceding it and words in concluding words of s. 24(2) repealed by Local Government Act 1985 (c. 51, SIF 81:1), s. 102, Sch. 17 | |
S. 24(3) repealed by Local Government Act 1985 (c. 51, SIF 81:1), s. 102, Sch. 17 | |
S. 24(1) modified (18.12.1996) by 1996 c. 61, s. 44, Sch. 12 Pt. III para. 9(b). | |
Creation of footpath or bridleway 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 or bridleway over land in their area.An agreement under this section is referred to in this Act as a “public path creation agreement”.
(a)
in relation to land outside Greater London means a county council, a district council F65 . . .; and
(b)
in relation to land in Greater London means F66 . . . a London borough council or the Common Council.
Words in s. 25(2)(a) repealed (1.4.1997) by 1995 c. 25, s. 120(3), Sch.24 (with ss. 7(6), 115, 117); S.I. 1996/2560, art. 2, Sch. | |
Words repealed by Local Government Act 1985 (c. 51, SIF 81:1), s. 102, Sch. 17 | |
S. 25(6) inserted by Wildlife and Countryside Act 1981 (c. 69, SIF 4:5), s. 64 | |
S. 25 extended by Norfolk and Suffolk Broads Act 1988 (c. 4, SIF 81:1), ss. 2(5)(6), 23(2), Sch. 3 para. 47(1) | |
Ss. 25-29 extended (with modifications) (19.9.1995) by 1995 c. 25, ss. 70, 125(2), Sch. 9 para. 11(a) (with ss. 7(6), 115, 117, Sch. 8 para. 7). | |
Ss. 25-28 applied (with modifications) (2.5.2006 for E. and 11.5.2006 for W.) by The Restricted Byways (Application and Consequential Amendment of Provisions) Regulations 2006 (S.I. 2006/1177), regs. 1(2)(4), 2, Sch. Pt. I ; S.I. 2006/1172, art. 2; S.I. 2006/1279, art. 2 | |
S. 25: functions made exercisable concurrently (1.2.2005) by The Cotswolds Area of Outstanding Natural Beauty (Establishment of Conservation Board) Order 2004 (S.I. 2004/1777), arts. 2, 25(1)(2)(xxix) , Sch. 1 (with art. 35) S. 25: functions made exercisable concurrently (1.2.2005) by The Chilterns Area of Outstanding Natural Beauty (Establishment of Conservation Board) Order 2004 (S.I. 2004/1778), arts. 2, 25(1)(2)(xxix) , Sch. 1 (with art. 35) | |
Compulsory powers for creation of footpaths and bridleways.
— (1) Where it appears to a local authority that there is need for a footpath or bridleway 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,
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.
(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 authority are to have regard in determining whether or not to confirm such an order as an unopposed order,
S. 26(3A) inserted (12.2.2003 for E. and 1.4.2004 for W.) by 2000 c. 37, s. 57, Sch. 6 Pt. I para. 1; S.I. 2003/272, art. 2(a)(b) ; S.I 2004/315, art. 2(c) ; S.I. 2006/3257, art. 2(a)(i) | |
Ss. 26-29 extended by Norfolk and Suffolk Broads Act 1988 (c. 4, SIF 81:1), ss. 2(5)(6), 23(2), 27(2), Sch. 3 para. 47(1) | |
Ss. 25-29 extended (with modifications) (19.9.1995) by 1995 c. 25, ss. 70, 125(2), Sch. 9 para. 11(a) (with ss. 7(6), 115, 117, Sch. 8 para. 7). | |
S. 26: functions of local authority not to be responsibility of an executive of the authority (E.) (16.11.2000) by virtue of S.I. 2000/2853, reg. 2(1), Sch. 1 | |
Ss. 25-28 applied (with modifications) (2.5.2006 for E. and 11.5.2006 for W.) by The Restricted Byways (Application and Consequential Amendment of Provisions) Regulations 2006 (S.I. 2006/1177), regs. 1(2)(4), 2, Sch. Pt. I ; S.I. 2006/1172, art. 2; S.I. 2006/1279, art. 2 | |
S. 26(2) amended (30.1.2001) by 2000 c. 37, ss. 58(1), 103(2) | |
Making up of new footpaths and bridleways.
— (1) On the dedication of a footpath or bridleway 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,
(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.
(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 or bridleway, 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.
Words in s. 27(6) repealed (1.4.1997) by 1995 c. 25, s. 120(3), Sch.24 (with ss. 7(6), 115, 117); S.I. 1996/2560, art. 2, Sch.. | |
Ss. 26-29 extended by Norfolk and Suffolk Broads Act 1988 (c. 4, SIF 81:1), ss. 2(5)(6), 23(2), 27(2), Sch. 3 para. 47(1) | |
Ss. 25-29 extended (with modifications) (19.9.1995) by 1995 c. 25, ss. 70, 125(2), Sch. 9 para. 11(a) (with ss. 7(6), 115, 117, Sch. 8 para. 7). | |
Ss. 25-28 applied (with modifications) (2.5.2006 for E. and 11.5.2006 for W.) by The Restricted Byways (Application and Consequential Amendment of Provisions) Regulations 2006 (S.I. 2006/1177), regs. 1(2)(4), 2, Sch. Pt. I ; S.I. 2006/1172, art. 2; S.I. 2006/1279, art. 2 | |
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.Ss. 26-29 extended by Norfolk and Suffolk Broads Act 1988 (c. 4, SIF 81:1), ss. 2(5)(6), 23(2), 27(2), Sch. 3 para. 47(1) | |
Ss. 25-29 extended (with modifications) (19.9.1995) by 1995 c. 25, ss. 70, 125(2), Sch. 9 para. 11(a) (with ss. 7(6), 115, 117, Sch. 8 para. 7). | |
S. 28 applied (with modifications) (28.4.2003) by The Network Rail (West Coast Main Line) Order 2003 (S.I. 2003/1075), art. 8(6)-(10) (with art. 40) | |
Ss. 25-28 applied (with modifications) (2.5.2006 for E. and 11.5.2006 for W.) by The Restricted Byways (Application and Consequential Amendment of Provisions) Regulations 2006 (S.I. 2006/1177), regs. 1(2)(4), 2, Sch. Pt. I ; S.I. 2006/1172, art. 2; S.I. 2006/1279, art. 2 | |
[F70 29. (2) In this section, “agriculture” includes the breeding or keeping of horses.]
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.
S. 29 substituted (12.2.2003 for E and 31.5.2005 for W.) by 2000 c. 37, s. 57, Sch. 6 Pt. I para. 2; S.I. 2003/272, art. 2(a)(c) ; S.I. 2005/1314, art. 2(b)(i) | |
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. 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.(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.]
(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,
(a)
a map of the land on a scale of not less than 6 inches to 1 mile, and
(b)
a statement indicating what ways (if any) over the land he admits to have been dedicated as highways;
Words in s. 31(6)(i)(ii) substituted (13.2.2004 for E. and 31.5.2005 for W.) by 2000 c. 37, s. 57, Sch. 6 Pt. I para. 3; S.I. 2004/292, art. 2(e) (with art. 3(2)); S.I. 2005/1314, art. 2(b)(ii) (subject to art. 5); S.I. 2005/2459, art. 2(2)(c)(d) | |
Words inserted by Local Government Act 1985 (c. 51, SIF 81:1), s. 8, Sch. 4 para. 7 | |
Words substituted by Wildlife and Countryside Act 1981 (c. 69, SIF 4:5), s. 72(11) | |
Words repealed by Wildlife and Countryside Act 1981 (c. 69, SIF 4:5), s. 73, Sch. 17 Pt. II | |
[F79 31A. (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—
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. “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.]
S. 31A inserted (21.11.2005 for W. and 1.10.2007 for E.) by 2000 c. 37, ss. 57, 103(3), Sch. 6 Pt. I para. 4; S.I. 2005/1314, art. 4(b)(i) ; S.I. 2007/2335, art. 2 | |
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. 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. 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, [F80 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.Words inserted by Local Government Act 1985 (c. 51, SIF 81:1), s. 8, Sch. 4 para. 8 | |
Creation of walkways by agreement.
— (1) An agreement under this section may be entered into—(a)
by a local highway authority, after consultation with the council of any [F81 non-metropolitan] district in which the land concerned is situated;
(b)
by a [F81 non-metropolitan] district council, either alone or jointly with the local highway authority, after consultation with the local highway authority.
(a)
for the provision of ways over, through or under parts of the building, or the building when constructed, as the case may be, or parts of any structure attached, or to be attached, to the building; and
(b)
for the dedication by that person of those ways as footpaths subject to such limitations and conditions, if any, affecting the public right of way thereover as may be specified in the agreement and to any rights reserved by the agreement to that person and any person deriving title to the land under him.
A footpath created in pursuance of an agreement under this section is referred to below as a “walkway”.
(a)
the maintenance, cleansing and drainage of any walkway to which the agreement relates;
(b)
the lighting of such walkway and of that part of the building or structure which will be over or above it;
(c)
the provision and maintenance of support for such walkway;
(d)
entitling the authority entering into the agreement or, where the agreement is entered into jointly by a [F81 non-metropolitan] district council and a local highway authority, either of those authorities to enter on any building or structure in which such walkway will be situated and to execute any works necessary to secure the performance of any obligation which any person is for the time being liable to perform by virtue of the agreement or of subsection (4) below;
(e)
the making of payments by the authority entering into the agreement or, where the agreement is entered into jointly by a [F81 non-metropolitan] district council and a local highway authority, either of those authorities to any person having an interest in the land or building affected by the agreement;
(f)
the termination, in such manner and subject to such conditions as may be specified in the agreement, of the right of the public to use such walkway;
(g)
any incidental and consequential matters.
(a)
the conduct of persons using any walkway to which the agreement relates;
(b)
the times at which any such walkway may be closed to the public;
(c)
the placing or retention of anything (including any structure or projection) in, on or over any such walkway.
(a)
where the agreement was entered into by a local highway authority, that authority;
(b)
where the agreement was entered into by a [F82 non-metropolitan] district council alone, that council;
(c)
where the agreement was entered into by a [F82 non-metropolitan] district council jointly with the local highway authority, the local highway authority;
(a)
for preventing any enactment or instrument relating to highways or to things done on or in connection with highways from applying to walkways which have been, or are to be, created in pursuance of agreements under this section or to things done on or in connection with such walkways;
(b)
for amending, modifying or adapting any such enactment or instrument in its application to such walkways;
(c)
without prejudice to the generality of paragraphs (a) and (b) above, for excluding, restricting or regulating the rights of statutory undertakers, F83 . . . [F84 F83 . . . and the operators of [F85 electronic communications code networks] to place] and maintain apparatus in, under, over, along or across such walkways;
(d)
without prejudice as aforesaid, for defining the cirumstances and manner in which such walkways may be closed periodically or temporarily or stopped up and for prescribing the procedure to be followed before such a walkway is stopped up.
Word inserted by Local Government Act 1985 (c. 51, SIF 81:1), s. 8, Sch. 4 para. 9 | |
Word inserted by Local Government Act 1985 (c. 51, SIF 81:1), s. 8, Sch. 4 para. 9 | |
Word repealed by Water Act 1989 (c. 15, SIF 130), ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)–(10), 190, 193(1), Sch. 26 paras. 3(1)(2), 17, 40(4), 41(1), 57(6), 58, Sch. 27 Pt. I | |
Words substituted by Telecommunications Act 1984 (c. 12, SIF 96), s. 109, Sch. 4 para. 76(2)(a), Sch. 5 para. 45 | |
Words in s. 35(11)(c)(12) substituted (25.7.2003 for specified purposes, 29.12.2003 for specified purposes ) by Communications Act 2003 (c. 21), ss. 406(1)(6), 408, 411, Sch. 17 para. 53 (with Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1) , 3(1), Sch. 1 (with art. 3(2) (as amended (8.12.2003) by S.I. 2003/3142, art. 1(3))); S.I. 2003/3142, art. 3(2) (with art. 11) | |
Word repealed by Water Act 1989 (c. 15, SIF 130), ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)–(10), 190, 193(1), Sch. 26 paras. 3(1)(2), 17, 40(4), 41(1), 57(6), 58, Sch. 27 Pt. I | |
Words substituted by Telecommunications Act 1984 (c. 12, SIF 96), s. 109, Sch. 4 para. 76(2)(a), Sch. 5 para. 45 | |
1972 c. 70. | |
Maintenance of Highways
Highways maintainable at public expense.
— (1) All such highways as immediately before the commencment of this Act were highways maintainable at the public expense for the purposes of the M6 Highways Act 1959 continue to be so maintainable (subject to this section and to any order of a magistrates’ court under section 47 below) for the purposes of this Act.(a)
a highway constructed by a highway authority, otherwise than on behalf of some other person who is not a highway authority;
(b)
a highway constructed by a council within their own area under [F88 Part II of the Housing Act 1985], other than one in respect of which the local highway authority are satisfied that it has not been properly constructed, and a highway constructed by a council outside their own area under [F88 the said Part II], being, in the latter case, a highway the liability to maintain which is, by virtue of [F88 the said Part II], vested in the council who are the local highway authority for the area in which the highway is situated;
(c)
a highway that is a trunk road or a special road; F89 . . .
(d)
a highway, being a footpath or bridleway, created in consequence of a public path creation order or a public path diversion order or in consequence of an order made by the Minister of Transport or the Secretary of State under [F90 section 247 of the Town and Country Planning Act 1990 or by a competent authority under section 257 of that Act], or dedicated in pursuance of a public path creation agreement.
a highway, being a footpath or bridleway, created in consequence of a rail crossing diversion order, or of an order made under section 14 or 16 of the Harbours Act 1964, or of an order made under section 1 or 3 of the Transport and Works Act 1992.]
a highway, being a footpath, a bridleway, a restricted byway or a way over which the public have a right of way for vehicular and all other kinds of traffic, created in consequence of a special diversion order or an SSSI diversion order.]
(a)
it was a highway before 31st August 1835; or
(b)
it became a highway after that date and has at some time been maintainable by the inhabitants at large of any area or a highway maintainable at the public expense;
Words substituted by Housing (Consequential Provisions) Act 1985 (c. 71, SIF 61), s. 4, Sch. 2 para. 47 | |
Word in s. 36(2) at the end of para. (c) repealed (31.1.1993) by Transport and Works Act 1992 (c. 42), ss. 64(2), 68(1), Sch. 4 Pt. I; S.I. 1992/3144, art. 3, Sch. | |
Words substituted by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 4, Sch. 2 para. 45(3) | |
S. 36(2)(e) added (31.1.1993) by Transport and Works Act 1992 (c. 42), s. 64(3); S. I. 1992/3144, art. 3, Sch. | |
S. 36(2)(f) inserted (12.2.2003 for E. for certain purposes and 21.5.2007 in so far as not already in force, 15.7.2005 for W. for certain purposes and otherwise prosp.) by 2000 c. 37, ss. 57, 103(3), Sch. 6 Pt. I para. 5; S.I. 2003/272, art. 2(a)(d) ; S.I. 2005/1314, art. 3(a) ; S.I. 2007/1493, art. 2 | |
S. 36(3A) inserted (31.1.1993) by Transport and Works Act 1992 (c. 42), s. 64(4); S.I. 1992/3144, art. 3, Sch. | |
Words inserted by Local Government Act 1985 (c. 51, SIF 81:1), s. 8, Sch. 4 para. 7 | |
Words in s. 36(7) inserted (1.4.1996) by 1994 c. 19, s. 22(1), Sch. 7 Pt. I para. 4 (with s. 54(7), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 3, Sch. 1. | |
S. 36 applied (with modifications) (2.5.2006 for E. and 11.5.2006 for W.) by The Restricted Byways (Application and Consequential Amendment of Provisions) Regulations 2006 (S.I. 2006/1177), arts. 1(2)(4), 2, Sch. Pt. I ; S.I. 2006/1172, art. 2; S.I. 2006/1279, art. 2 | |
1959 c. 25. | |
1959 c. 25. | |
Provisions whereby highway created by dedication may become maintainable at public expense.
— (1) A person who proposes to dedicate a way as a highway and who desires that the proposed highway shall become maintainable at the public expense by virtue of this section shall give notice of the proposal, not less than 3 months before the date of the proposed dedication, to the council who would, if the way were a highway, be the highway authority therefor, describing the location and width of the proposed highway and the nature of the proposed dedication.(a)
the person by whom the way was dedicated or his successor keeps it in repair for a period of 12 months from the date of the council’s certificate, and
(b)
the way has been used as a highway during that period,
S. 30 modified (28.4.2003) by The Network Rail (West Coast Main Line) Order 2003 (S.I. 2003/1075), art. 8(11) | |
Power of highway authorities to adopt by agreement.
— (1) Subject to subsection (2) below, where any person is liable under a special enactment or by reason of tenure, enclosure or prescription to maintain a highway, the Minister, in the case of a trunk road, or a local highway authority, in any other case, may agree with that person to undertake the maintenance of that highway; and where an agreement is made under this subsection the highway to which the agreement relates shall, on such date as may be specified in the agreement, become for the purposes of this Act a highway maintainable at the public expense and the liability of that person to maintain the highway shall be extinguished.(a)
which that person is willing and has the necessary power to dedicate as a highway, or
(b)
which is to be constructed by that person, or by a highway authority on his behalf, and which he proposes to dedicate as a highway;
(a)
which that person is willing and has the necessary power to dedicate as a highway, or
(b)
which is to be constructed by that person, or by a highway authority on his behalf, and which he proposes to dedicate as a highway,
S. 39 repealed by Statute Law (Repeals) Act 1986 (c. 12), s. 1(1), Sch. 1 Pt. II | |
Adoption of private streets.
The foregoing provisions of this Part of this Act are without prejudice to the power or, as the case may be, the duty of the council of a county [F99 , metropolitan district] or London borough, or the Common Council, to adopt private streets as highways maintainable at the public expense under Part XI of this Act.Words inserted by Local Government Act 1985 (c. 51, SIF 81:1), s. 8, Sch. 4 para. 7 | |
Duty to maintain highways maintainable at public expense.
— (1) The authority who are for the time being the highway authority for a highway maintainable at the public expense are under a duty, subject to subsections (2) and (4) below, to maintain the highway.(a)
a highway to which this subsection applies which becomes a trunk road by virtue of the order, or
(b)
a part of a highway to which this subsection applies, being a part which crosses the route of the highway to be so constructed,
(a)
any highway maintainable at the public expense by a local highway authority, and
(b)
any highway other than a highway falling within paragraph (a) above or a highway maintainable under a special enactment or by reason of tenure, enclosure or prescription.
(a)
in a case where the highway or part of a highway falls within subsection (3)(a) above, a direction that, notwithstanding subsection (1) above, it shall be maintained by the highway authority for that highway until such date, not being later than the date on which the new route is opened for the purposes of through traffic, as may be specified in a notice given by the Minister to that authority; and
(b)
in a case where the highway or part of a highway falls within subsection (3)(b) above, a direction that, notwithstanding subsection (1) above, the Minister is to be under no duty to maintain it until such date as aforesaid.
Power of district councils to maintain certain highways.
— (1) Subject to Part I of Schedule 7 to this Act, the council of a [F101 non-metropolitan] district may undertake the maintenance of any eligible highway in the district which is a highway maintainable at the public expense.(a)
footpaths,
(b)
bridleways, and
(c)
roads (referred to in Schedule 7 to this Act as “urban roads”) which are neither trunk roads nor classified roads and which— (i) are restricted roads for the purposes of [F102 section 81 of the Road Traffic Regulation Act 1984](30 m.p.h. speed limit), or (ii) are subject to an order [F103 made by virtue of section 84(1)(a) of that Act imposing a speed limit] not exceeding 40 m.p.h., or (iii) are otherwise streets in an urban area.
Word inserted by Local Government Act 1985 (c. 51, SIF 81:1), s. 8, Sch. 4 para. 11 | |
Words substituted by Road Traffic Regulation Act 1984 (c. 27, SIF 107:1), s. 146, Sch. 13 para. 40 | |
Words in s. 42(2)(c)(ii) substituted (1.7.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 48, Sch 4 para.11; S.I. 1992/1286, art. 2,Sch. | |
Word inserted by Local Government Act 1985 (c. 51, SIF 81:1), s. 8, Sch. 4 para. 11 | |
S. 42 applied (with modifications) (2.5.2006 for E. and 11.5.2006 for W.) by The Restricted Byways (Application and Consequential Amendment of Provisions) Regulations 2006 (S.I. 2006/1177), regs. 1(2)(4), 2, Sch. Pt. I ; S.I. 2006/1172, art. 2; S.I. 2006/1279, art. 2 | |
Power of parish and community councils to maintain footpaths and bridleways.
— (1) The council of a parish or community may undertake the maintenance of any footpath or bridleway within the parish or community which is, in either case, a highway maintainable at the public expense; but nothing in this subsection affects the duty of any highway authority or other person to maintain any such footpath or bridleway.Word inserted by Local Government Act 1985 (c. 51, SIF 81:1), s. 8, Sch. 4 para. 12 | |
S. 43 applied (with modifications) (2.5.2006 for E. and 11.5.2006 for W.) by The Restricted Byways (Application and Consequential Amendment of Provisions) Regulations 2006 (S.I. 2006/1177), regs. 1(2)(4), 2, Sch. Pt. I ; S.I. 2006/1172, art. 2; S.I. 2006/1279, art. 2 | |
Person liable to maintain highway may agree to maintain publicly maintainable highway.
Where any person is liable under a special enactment or by reason of tenure, enclosure or prescription to maintain a highway, he may enter into an agreement with the highway authority for that highway for the maintenance by him of any highway maintainable at the public expense by the highway authority; but nothing in this section affects the duty of a highway authority to maintain a highway as respects which any such agreement is made. Power to get materials for repair of publicly maintainable highways.
— (1) For the purpose of repairing highways maintainable at the public expense by them, a highway authority may exercise such powers with respect to the getting of materials as are mentioned in this section.(a)
shall not in the exercise of their powers under subsection (2) above divert or interrupt the course of any river or brook, or dig or get materials out of any river or brook within 50 yards above or below a bridge, dam or weir;
(b)
shall not in the exercise of those powers remove such quantity of stones or other materials from any sea beach as to cause damage by inundation or increased danger of encroachment by the sea; and
(c)
shall not exercise those powers in any land forming part of a common to which section 20 of the M8 Commons Act 1876 applies, except in accordance with that section.
(a)
shall not exercise the powers conferred by subsection (4) above in a garden, yard, avenue to a house, lawn, park, paddock or inclosed plantation, or in an inclosed wood not exceeding 100 acres in extent;
(b)
shall not in the case of any other inclosed land exercise those powers unless either they have obtained the consent of the owner and of the occupier of that land, or a magistrates’ court has made an order authorising them to exercise those powers in the case of that land; and
(c)
shall not in the exercise of those powers remove such quantity of stones or other materials from any sea beach as to cause damage by inundation or increased danger of encroachment by the sea.
“inclosed land” includes any land in the exclusive occupation of one or more persons for agricultural purposes, though not separated by a fence or otherwise from adjoining land of another person, or from a highway; and
“London borough” includes the City of London.
Supplemental provisions with respect to the getting of materials under section 45.
— (1) Where an excavation is made by a highway authority in the exercise of powers conferred by section 45 above, the authority shall—(a)
while work is in progress, and thereafter so long as the excavation remains open, keep the excavation sufficiently fenced to prevent accidents to persons or animals,
(b)
if no materials are found therein, fill up the excavation within 3 days from the date on which the excavation was made,
(c)
if materials are found, then within 14 days from the date on which sufficient materials have been obtained, fill up the excavation or slope it down and fence it off, if the owner or occupier of the land in question so requires, and thereafter keep it so fenced, and
(d)
when filling up an excavation, make good and level the ground and cover it with the turf or clod dug therefrom.
(a)
takes away any materials purchased, gotten or gathered by them for the repair of highways, or
(b)
takes away any materials from a quarry or excavation opened by the authority before their workmen have ceased working thereat for 6 weeks,
Power of magistrates’ court to declare unnecessary highway to be not maintainable at public expense.
— (1) Where a highway authority are of opinion that a highway maintainable at the public expense by them is unnecessary for public use and therefore ought not to be maintained at the public expense, they may, subject to subsections (2) to (4) below, apply to a magistrates’ court for an order declaring that the highway shall cease to be so maintained.(a)
to the council of the parish or community, or
(b)
in the case of a parish not having a separate parish council, to the chairman of the parish meeting,
(a)
not less than one month before the date on which the application is to be heard by the court, given notice to the owners and the occupiers of all lands adjoining the highway to which the application relates of the making of the application, and the purpose of it, and of the time and place at which the application is to be heard by the court, and
(b)
given public notice in the terms and manner required by subsection (8) below.
(a)
stating that an application has been made to a magistrates’ court under this section and the purpose of the application,
(b)
describing the highway, and
(c)
specifying the time and place at which the application is to be heard,
Words in s. 47(2) substituted (2.5.2006 for E. and 11.5.2006 for W.) by The Restricted Byways (Application and Consequential Amendment of Provisions) Regulations 2006 (S.I. 2006/1177), regs. 1(2)(4), 3(2) ; S.I. 2006/1172, art. 2; S.I. 2006/1279, art. 2 | |
Words in s. 47(3) inserted (1.4.1996) by 1994 c. 19, s. 22(1), Sch. 7 Pt. I para. 5 (with s. 54(7), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 3, Sch. 1. | |
By Courts Act 2003 (c. 39), s. 109(1), Sch. 8 para. 256(2) ; S.I. 2005/910, art. 3(y) , it is provided that the words "assigned to the local justice area in" in s. 47(5) be substituted (1.4.2005) for the words "acting for the petty sessions for" | |
Words in s. 47(6) substituted (1.4.2005) by Courts Act 2003 (c. 39), s. 109(1), Sch. 8 para. 256(3) ; S.I. 2005/910, art. 3(y) | |
S. 47 excluded (2.5.2006 for E. and 11.5.2006 for W.) by The Restricted Byways (Application and Consequential Amendment of Provisions) Regulations 2006 (S.I. 2006/1177), regs. 1(2)(4), 3(1) ; S.I. 2006/1172, art. 2; S.I. 2006/1279, art. 2 | |
Power of magistrates’ court to order a highway to be again maintainable at public expense.
— (1) Subject to subsection (2) below, if it appears to a magistrates’ court that, in consequence of any change of circumstances since the time at which an order was made under section 47 above, the highway to which the order relates has again become of public use and ought to be maintained at the public expense, the court may by order direct that the highway shall again become for the purposes of this Act a highway maintainable at the public expense. Maintenance of approaches to certain privately maintainable bridges.
Where a person is liable to maintain the approaches to a bridge by reason of the fact that he is liable to maintain the bridge by reason of tenure or prescription, his liability to maintain the approaches extends to 100 yards from each end of the bridge. Maintenance of privately maintainable footpaths and bridleways.
— (1) Where apart from section 41 above a person would under a special enactment or by reason of tenure, enclosure or prescription be under an obligation to maintain a footpath or bridleway, the operation of section 41(1) does not release him from the obligation.Word inserted by Local Government Act 1985 (c. 51, SIF 81:1), s. 8, Sch. 4 para. 14 | |
No liability to maintain by reason of enclosure if highway fenced with consent of highway authority.
— (1) If a person across whose land there is a highway maintainable at the public expense erects a fence between the highway and the adjoining land, and the fence is erected with the consent of the highway authority for the highway, he does not thereby become liable to maintain the highway by reason of enclosure. Power to get materials for repair of privately maintainable highways.
— (1) A person liable to maintain a highway by reason of tenure, enclosure or prescription has, for the purpose of repairing it, the like powers with respect to the getting of materials as are conferred on a highway authority by section 45(2) to (6) above for the purpose of repairing highways maintainable at the public expense by them. Power of magistrates’ court to extinguish liability to maintain privately maintainable highway.
— (1) Where a person is liable by reason of tenure, enclosure or prescription to maintain a highway, a magistrates’ court may, on a complaint made either by that person or by the highway authority for the highway, make an order that the liability of that person to maintain the highway shall be extinguished, and on the extinguishment of that liability the highway, if it is not then a highway maintainable at the public expense, shall become for the purposes of this Act a highway maintainable at the public expense.(a)
the highway authority for the highway have a right to be heard by the court at the hearing of the complaint, and
(b)
the court shall not make an order on the complaint unless it is satisfied that not less than 21 days before the date on which the complaint is heard by the court the complainant gave notice to the highway authority for the highway of the making of the complaint and of the time and place at which it was to be heard by the court.
(a)
as a lump sum, or
(b)
by annual payments of such amount, and continuing for such number of years, as may be agreed between him and the highway authority or, in default of agreement, as may be determined by arbitration.
1967 c. 9. | |
Extinguishment of liability to maintain privately maintainable highway diverted by order of magistrates’ court.
— (1) Where a highway which a person is liable to maintain under a special enactment or by reason of tenure, enclosure or prescription is diverted in accordance with an order made under section 116 below, then—(a)
the substituted highway becomes for the purposes of this Act a highway maintainable at the public expense, and
(b)
the person liable as aforesaid to maintain the highway so diverted is liable to pay to the highway authority for the substituted highway such sum as may be agreed between him and that authority or, in default of agreement, as may be determined by arbitration to represent the value to him of the extinguishment of his liability.
(a)
as a lump sum, or
(b)
by annual payments of such amount, and continuing for such number of years, as may be agreed between him and the highway authority or, in default of agreement, as may be determined by arbitration.
Extinguishment of liability to maintain or improve bridges comprised in trunk roads and special roads.
— (1) Where a highway comprising a bridge becomes a trunk road, and the bridge is transferred to the Minister under this Act, then, if immediately before the transfer the bridge was not a highway maintainable at the public expense, any liability of the owners of the bridge for the maintenance or improvement of it or of the highway carried by it is thereupon extinguished.(a)
as a lump sum, or
(b)
by annual instalments of such amount, and continuing for such number of years, as may be agreed between the owners and the Minister or, in default of agreement, as may be determined by arbitration, or
(c)
by perpetual annual payments of such amount as may be so agreed or determined.
“bridge” includes so much of the approaches thereto as supports or protects the surface of the trunk road or special road;
“owners”, in relation to a bridge, means the persons who, immediately before the transfer of the bridge to the Minister or the special road authority, were responsible for the maintenance of it, and includes any persons who, in pursuance of any agreement with the persons so responsible, were then discharging that responsibility on their behalf.
Proceedings for an order to repair highway.
— (1) A person ( “the complainant”) who alleges that a way or bridge—(a)
is a highway maintainable at the public expense or a highway which a person is liable to maintain under a special enactment or by reason of tenure, enclosure or prescription, and
(b)
is out of repair,
(a)
the situation of the way or bridge to which the application relates,
(b)
the name of the respondent,
(c)
the part of the way or bridge which is alleged to be out of repair, and
(d)
the nature of the alleged disrepair;
Default powers of highway authorities in respect of non-repair of privately maintainable highways.
— (1) Where a person is liable under a special enactment or by reason of tenure, enclosure or prescription to maintan a footpath or bridleway which, in either case, is a highway maintainable at the public expense, and the highway authority for the highway repair it in the performance of their duty to maintain it, they may, subject to subsection (3) below, recover the necessary expenses of doing so from that person in any court of competent jurisdiction.(a)
in a case where a highway authority repair a footpath or bridleway in obedience to an order of a court made under section 56 above, unless not less than 21 days before the date on which the application was heard by the court the authority gave notice to the person liable to maintain the path or way of the making of an application with respect to it and of the time and place at which the application was to be heard by the court (so however that there is no obligation to give notice to him under this paragraph if he was the person on whose application the order of the court was made);
(b)
in any other case, unless the highway authority, before repairing the highway, have given notice to the person liable to maintain it that the highway is not in proper repair, specifying a reasonable time within which he may repair it, and he has failed to repair it within that time.
Special defence in action against a highway authority for damages for non-repair of highway.
— (1) In an action against a highway authority in respect of damage resulting from their failure to maintain a highway maintainable at the public expense it is a defence (without prejudice to any other defence or the application of the law relating to contributory negligence) to prove that the authority had taken such care as in all the circumstances was reasonably required to secure that the part of the highway to which the action relates was not dangerous for traffic.(a)
the character of the highway, and the traffic which was reasonably to be expected to use it;
(b)
the standard of maintenance appropriate for a highway of that character and used by such traffic;
(c)
the state of repair in which a reasonable person would have expected to find the highway;
(d)
whether the highway authority knew, or could reasonably have been expected to know, that the condition of the part of the highway to which the action relates was likely to cause danger to users of the highway;
(e)
where the highway authority could not reasonably have been expected to repair that part of the highway before the cause of action arose, what warning notices of its condition had been displayed;
S. 58(4) repealed (1.1.1993) by New Roads and Street Works Act 1991 (c. 22), s. 168(2), Sch.9; S.I. 1992/2984, art. 2(2), Sch.2 | |
Recovery of expenses due to extraordinary traffic.
— (1) Subject to subsection (3) below, where it appears to the highway authority for a highway maintainable at the public expense, by a certificate of their proper officer, that having regard to the average expense of maintaining the highway or other similar highways in the neighbourhood extraordinary expenses have been or will be incurred by the authority in maintaining the highway by reason of the damage caused by excessive weight passing along the highway, or other extraordinary traffic thereon, the highway authority may recover from any person ( “the operator”) by or in consequence of whose order the traffic has been conducted the excess expenses.(a)
the operator and the highway authority may agree for the payment by the operator to the highway authority of a sum by way of a composition of such liability, or
(b)
either party may require that the sum to be so paid shall be determined by arbitration;
Words substituted by Administration of Justice Act 1982 (c. 53, SIF 34), s. 37, Sch. 3 Part IV para. 8(2) | |
F119 60. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
S. 60 repealed (1.1.1993)by New Roads and Street Works Act 1991 (c. 22, SIF 59, 108), s. 168(2),Sch. 9; S.I. 1992/2984, art. 2(2), Sch. 2. | |
Regulations supplementing maintenance powers of district councils.
The Minister may by regulations empower [F120 non-metropolitan] district councils, in relation to highways in respect of which their powers of maintenance under sections 42 and 50 above are exercisable, to exercise subject to such terms and conditions as may be specified in the regulations such additional powers as appear to him—(a)
to be appropriate to supplement powers of maintenance; and
(b)
to correspond to powers exercisable in relation to highways by highway authorities;
Word inserted by Local Government Act 1985 (c. 51, SIF 81:1), s. 8, Sch. 4 para. 15 | |
Improvement of Highways
Pt. V (ss. 62-105) extended (13.2.1992) by Severn Bridges Act 1992 (c. 3), s. 32(2)(a) | |
General power of improvement.
— (1) The provisions of this Part of this Act have effect for the purpose of empowering or requiring highway authorities and other persons to improve highways.(a)
the division of carriageways, provision of roundabouts and variation of the relative widths of carriageways and footways;
(b)
the construction of cycle tracks;
(c)
the provision of subways, refuges, pillars, walls, barriers, rails, fences or posts for the use or protection of persons using a highway;
(d)
the construction and reconstruction of bridges and alteration of level of highways;
(e)
the planting of trees, shrubs and other vegetation and laying out of grass verges;
(f)
the provision, maintenance, alteration, improvement or other dealing with cattle-grids, by-passes, gates and other works for use in connection with cattle-grids;
the construction, maintenance and removal of road humps;]
the construction and removal of such traffic calming works as may be specially authorised by the Secretary of State under section 90G below or prescribed by regulations made by him under section 90H below;]
(g)
the execution of works for the purpose of draining a highway or of otherwise preventing surface water from flowing on to it;
(h)
the provision of barriers or other works for the purpose of affording to a highway protection against hazards of nature.
Relief of main carriageway of trunk road from local traffic.
Without prejudice to section 10(3) above, the Minister may construct as part of a trunk road a highway for the purpose of relieving a main carriageway of the trunk road from local traffic; but this section does not authorise the construction of a highway which is separated from the remainder of the trunk road by intervening land. Dual carriageways and roundabouts.
— (1) Where a highway maintainable at the public expense consists of or comprises a made-up carriageway, the highway authority liable to maintain it may construct and maintain works in that carriageway—(a)
along any length of the highway, for separating a part of the carriageway which is to be used by traffic moving in one direction from a part of the carriageway which is to be used (whether at all times or at particular times only) by traffic moving in the other direction;
(b)
at crossroads or other junctions, for regulating the movement of traffic.
(a)
to light them,
(b)
to pave, grass or otherwise cover them or any part of them,
(c)
to erect pillars, walls, rails or fences on, around or across them or any part of them, and
(d)
to plant on them trees, shrubs and other vegetation either for ornament or in the interests of safety.
S. 64(4) repealed by Local Government Act 1985 (c. 51, SIF 81:1), s. 102, Sch. 17 | |
S. 64(5) repealed (1.1.1993) by New Roads and Street Works Act 1991 (c. 22, SIF 59, 108), s. 168(2), Sch. 9; S.I. 1992/2984, art. 2(2), Sch. 2. | |
S. 64 applied (14.3.2002) by The Chester Guided Busway Order 2002 (S.I. 2002/412), art. 3(1)(b) (with art. 38) | |
Cycle tracks.
— (1) Without prejudice to section 24 above, a highway authority may, in or by the side of a highway maintainable at the public expense by them which consists of or comprises a made-up carriageway, construct a cycle track as part of the highway; and they may light any cycle track constructed by them under this section. Footways and guard-rails etc. for publicly maintainable highways.
— (1) It is the duty of a highway authority to provide in or by the side of a highway maintainable at the public expense by them which consists of or comprises a made-up carriageway, a proper and sufficient footway as part of the highway in any case where they consider the provision of a footway as necessary or desirable for the safety or accommodation of pedestrians; and they may light any footway provided by them under this subsection. Guard-rails etc. in private streets.
— (1) Subject to the provisions of this section, in any street which is not a highway maintainable at the public expense and which consists of or comprises a carriageway a local authority may provide and maintain such pillars, rails or fences as they think necessary for the purpose of safeguarding persons using the street. Refuges.
— (1) A highway authority may, in relation to a highway maintainable at the public expense by them which consists of or comprises a made-up carriageway, construct and maintain works in that carriageway for providing places of refuge for the protection of pedestrians crossing the carriageway. Subways.
— (1) For the purpose of protecting from danger traffic along a highway which consists of or comprises a made-up carriageway, or of making the crossing of it less dangerous to pedestrians, the highway authority for the highway may construct, light and maintain subways under the highway for the use of pedestrians, and may alter, remove or close temporarily any such subway.(a)
in the case of a highway for which the Minister is the highway authority, by the council of a London borough or the Common Council, as respects any parts of the highway in that council’s area; and
(b)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F130
Footbridges over highways.
— (1) Without prejudice to any other powers of theirs to construct or reconstruct bridges, the highway authority for any highway may, for the purpose of protecting traffic along the highway from danger, or of making the crossing of it less dangerous to, or easier for, pedestrians, construct, light and maintain a bridge over the highway for the use of pedestrians, and may alter, remove or close temporarily any such bridge.(a)
in the highway over which the bridge is to be constructed; or
(b)
subject to subsection (4) below, in any other highway that crosses or enters the route of the first-mentioned highway.
(a)
for the making by the other party to the agreement of contributions towards the expenses to be incurred by the highway authority in constructing, lighting and maintaining the bridge;
(b)
with respect to the use of the bridge and its maintenance.
Margins for horses and livestock.
— (1) It is the duty of a highway authority to provide in or by the side of a highway maintainable at the public expense by them which consists of or comprises a made-up carriageway adequate grass or other margins as part of the highway in any case where they consider the provision of margins necessary or desirable for the safety or accommodation of ridden horses and driven livestock; and a highway authority may light a margin provided by them under this section. Widening of highways.
— (1) A highway authority may widen any highway for which they are the highway authority and may for that purpose agree with a person having power in that behalf for the dedication of adjoining land as part of a highway.Words in s. 72(2) repealed (1.4.1997) by 1995 c. 25, s. 120(3), Sch.24 (with ss. 7(6), 115, 117); S.I. 1996/2560, art. 2, Sch.. | |
S. 72 applied (with modifications) (2.5.2006 for E. and 11.5.2006 for W.) by The Restricted Byways (Application and Consequential Amendment of Provisions) Regulations 2006 (S.I. 2006/1177), arts. 1(2)(4), 2, Sch. Pt. I ; S.I. 2006/1172, art. 2; S.I. 2006/1279, art. 2 | |
S. 72(2) extended by Norfolk and Suffolk Broads Act 1988 (c. 4, SIF 81:1), ss. | |
Act: definitions ("highway authority", "local highway authority", "special road", "special road authority" and "traffic") applied (1.11.1991) by New Roads and Street Works Act 1991 (c. 22, SIF 59, 108), s. 26(1)(with ss. 25(2), 167(2)); S.I. 1991/2288, art. 3, Sch.
Act: definitions ("highway" and "highway authority") applied (1.12.1991) by Water Industry Act 1991 (c. 56, SIF 130), ss. 219(1), 223(2) (with ss. 82(3), 186(1), 222(1), Sch. 13 para. 1, Sch. 14 para. 6)
Act: definitions ("bridleway" and "footpath") applied (1.12.1991) by Water Industry Act 1991 (c. 56, SIF 130), ss. 167, 223(2), Sch. 11 para. 10 (with ss. 82(3), 186(1), 222(1), Sch. 13 para. 1, Sch. 14 para. 6)
Act: definitions applied (1.12.1991) by Water Industry Act 1991 (c. 56, SIF 130), ss. 183, 223(2), Sch. 13 para. 3(1) (with ss. 82(3), 186(1), 222(1), Sch. 13 para. 1, Sch. 14 para. 6)
Act: definition of "highway" applied (1.12.1991) by Water Resources Act 1991 (c. 57, SIF 130), ss. 221(1), 225(2) (with ss. 16(6), 179, 222(3), 224(1), 225(4), Sch. 22 para. 1)
Act: definitions ("bridleway" and "footpath") applied (1.12.1991) by Water Resources Act 1991 (c. 57, SIF 130), ss. 168, 225(2), Sch. 19 para. 10 (with ss. 16(6), 179, 222(3), 224(1), 225(4), Sch. 22 para. 1)
Act: definitions applied (1.12.1991) by Water Resources Act 1991 (c. 57, SIF 130), ss. 178, 225(2), Sch. 22 para. 3(1) (with ss. 16(6), 179, 222(3), 224(1), 225(4), Sch. 22 para. 1)
Act: definitions ("highway authority" and "local highway authority") applied (14.7.1992) by New Roads and Street Works Act 1991 (c. 22, SIF 59, 108), s. 86(1) (with s. 167(4)(5)); S.I. 1992/1686, art. 3, Sch.
Act: definitions ("carriageway" and "footway") applied (14.7.1992) by New Roads and Street Works Act 1991 (c. 22, SIF 59, 108), s. 105(1) (with s. 167(4)(5)); S.I. 1992/1686, art. 3, Sch.
Act: certain functions made exercisable as specified (25.7.1995) by S.I. 1995/1986, art. 2, Sch. 1
Act: powers transferred (1.7.1999) (subject to the specified exceptions in the amending S.I.) by S.I. 1999/672, art. 2, Sch.
Act extended by Electricity Act 1989 (c. 29, SIF 44:1), ss. 112(1)(3), Sch. 16 para. 2(4)(d)(6)(9), Sch. 17 paras. 33, 35(1)
Act extended by Water Act 1989 (c. 15, SIF 130), ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)-(10), 190, 193(1), Sch. 25 para. 1(2)(xxv)(8), Sch. 26 paras. 3(1)(2), 17, 40(4), 57(6), 58
Act extended (10.11.1993) by 1993 c. 28, s. 172(5); S.I. 1993/2762, art. 3
Act amended by Town and Country Planning Act 1990 (c. 8, SIF 123:1), s. 54(1)
Act amended (1.3.1996) by 1995 c. 45, s. 16(1), Sch. 4 para. 2(1)(xxix); S.I. 1996/218, art. 2
Act amended (1.3.1996) by 1995 c. 45, s. 16(1), Sch. 4 para. 2(6); S.I. 1996/218, art. 2
Act amended (1.4.1996) by S.I. 1996/593, reg. 2, Sch. 1
Act: power to apply conferred by Town and Country Planning Act 1990 (c. 8, SIF 123:1), s. 247(3)
Act modified by Dartford-Thurrock Crossing Act 1988 (c. 20, SIF 59), ss. 3, 19, Sch. 3 para. 9
Act modified by Town and Country Planning Act 1990 (c. 8, SIF 123:1), ss. 28, 54, Sch. 2 Pt. I para. 1(2), Pt. III para. 2
Act modified (10.2.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 27, Sch. 4 Pt. III para. 44(9) (with s. 84(5)); S.I. 1991/2095, art. 4
Act modified (13.2.1992) by the Severn Bridges Act 1992 (c. 3), s. 3, Sch. 3 para. 5(3)
Act modified (1.4.1996) by 1990 c. 8, Sch. 2 Pt. IA (inserted (1.4.1996) by 1994 c. 19, s. 20(3), Sch. 5 Pt. II para. 8 (with s. 54(7), Sch. 17 paras. 22(1), 23(2)); S.I. 1995/3198, art. 4, Sch. 2
Act modified (18.12.1996) by 1996 c. 61, s. 44, Sch. 12 Pt. III para. 8(1)
Act modified (18.12.1996) by 1996 c. 61, s. 44, Sch. 12 Pt. III para. 11
Act modified (28.9.2004 for E. and 15.10.2003 for W.) by Planning and Compulsory Purchase Act 2004 (c. 5), s. 38 (with s. 111); S.I. 2004/2202, art. 2(c) (subject to art. 4); S.I. 2005/2847, art. 2(a) (subject to art. 3)
Act excluded (26.8.2005) by The River Tyne (Tunnels) Order 2005 (S.I. 2005/2222), art. 37(1) (with arts. 45(1), 48, Sch. 10 paras. 21, 29)