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Highways Act 1980 is up to date with all changes known to be in force on or before 22 August 2024. There are changes that may be brought into force at a future date.
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the affected provisions when you open the content using the Table of Contents below.
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
Part I Highway Authorities and Agreements Between Authorities
Agreements between authorities
4. Agreement for exercise by Ministeror strategic highways company of certain functions of local highway authority as respects highway affected by construction, etc. of trunk road.
5. Agreement for local highway authority to maintain and improve certain highways constructed or to be constructed by Ministeror strategic highways company.
6. Delegation etc. of functions with respect to trunk roads.
8.Agreements between local highway authorities and strategic highways companies for doing of certain works.
Part II Trunk Roads, Classified Roads, Metropolitan Roads, Special Roads
Powers as respects roads that cross or join trunk roads or classified roads
Ancillary matters with respect to orders under section 14 or 18 and schemes under section 16
21. Extinguishment of rights of statutory undertakers as to apparatus etc. in connection with orders under section 14 or 18 and schemes under section 16.
22.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
23. Compensation in respect of certain works executed in pursuance of orders under section 14 or 18.
24. Construction of new highways and provision of road-ferries.
26. Compulsory powers for creation of footpaths and bridleways.
28. Compensation for loss caused by public path creation order.
29. Duty to have regard to agriculture, forestry and nature conservation.
30. Dedication of highway by agreement with parish or community council.
31. Dedication of way as highway presumed after public use for 20 years.
Part IV Maintenance of Highways
Methods whereby highways may become maintainable at public expense
Maintenance of highways maintainable at public expense
41. Duty to maintain highways maintainable at public expense.
42. Power of district councils to maintain certain highways.
43. Power of parish and community councils to maintain footpaths and bridleways.
44. Person liable to maintain highway may agree to maintain publicly maintainable highway.
45. Power to get materials for repair of publicly maintainable highways.
46. Supplemental provisions with respect to the getting of materials under section 45.
47. Power of magistrates’ court to declare unnecessary highway to be not maintainable at public expense.
48. Power of magistrates’ court to order a highway to be again maintainable at public expense.
Maintenance of privately maintainable highways
49. Maintenance of approaches to certain privately maintainable bridges.
50. Maintenance of privately maintainable footpaths and bridleways.
51. No liability to maintain by reason of enclosure if highway fenced with consent of highway authority.
52. Power to get materials for repair of privately maintainable highways.
53. Power of magistrates’ court to extinguish liability to maintain privately maintainable highway.
54. Extinguishment of liability to maintain privately maintainable highway diverted by order of magistrates’ court.
55. Extinguishment of liability to maintain or improve bridges comprised in trunk roads and special roads.
Recovery by highway authorities etc. of certain expenses incurred in maintaining highways
Regulations supplementing maintenance powers of district councils
Part V Improvement of Highways
83. Removal of cattle-grids and discontinuance of by-passes.
85. Exercise of powers by agreement between neighbouring authorities.
87. Agreements for use of land for cattle-grids or by-passes.
88. Contributions towards expenditure of highway authorities.
89. Delegation to certain authorities of functions of Minister.
Construction, reconstruction, improvement etc. of bridges
91. Construction of bridge to carry existing highway maintainable at public expense.
92. Reconstruction of bridge maintainable at public expense.
93. Power to make orders as to reconstruction, improvement, etc., of privately maintainable bridges.
94. Powers of highway authorities and bridge owners to enter into agreements.
95. Supplemental provisions as to orders and agreements under sections 93 and 94.
95A.Power to install equipment for detection of traffic offencesetc.
96.Powers of highway and local authorities to plant trees, lay out grass verges, etc.
96A.Duty of local highway authorities in England to consult before felling street trees
102.Provision of works for protecting highways against hazards of nature.
PART VA ENVIRONMENTAL IMPACT ASSESSMENTS
105A.Screening of projects for constructing or improving highways
105AB.Publication of screening decisions: projects not to be subject to an environmental impact assessment
105B.Publication of screening decision and environmental statement for projects subject to an environmental impact assessment
105CA.Conclusion about environmental impact of a project for constructing or improving a highway
105CB.Decision about whether or not to proceed with a project subject to an environmental impact assessment
Part VII Provision of Special Facilities for Highways
112.Provision of picnic sites and public conveniences for users of trunk roads.
113. Exercise by council of functions of Ministeror a strategic highways company with respect to management or provision of picnic sites etc.
114. Provision of public conveniences by county council for users of roads for which they are the highway authority.
115. Provision of areas for parking heavy goods vehicles, etc.
Part VIIA Provision of Amenities on Certain Highways
115C. Provision of recreation and refreshment facilities by councils.
115E.Execution of works and use of objects etc. by persons other than councils.
115F. Power to impose conditions on permissions under section 115E.
115G. Notices to be given before exercise of powers under Part VIIA.
115H. Duties to consult or obtain consent of other authorities.
Part VIII Stopping up and diversion of highways and stopping up of means of access to highways
Stopping up and diversion of highways
116. Power of magistrates’ court to authorise stopping up or diversion of highway.
117. Application for order under section 116 on behalf of another person.
118A. Stopping up of footpaths and bridleways crossing railways.
118B. Stopping up of certain highways for purposes of crime prevention, etc.
118C. Application by proprietor of school for special extinguishment order.
119A. Diversion of footpaths and bridleways crossing railways.
119B. Diversion of certain highways for purposes of crime prevention, etc.
119C. Application by proprietor of school for special diversion order.
119D.Diversion of certain highways for protection of sites of special scientific interest.
120. Exercise of powers of making public path extinguishment and diversion orders.
121. Supplementary provisions as to public path extinguishment and diversion orders.
121C. Cases where council may decline to determine applications.
121D. Right of appeal to Secretary of State in respect of applications for orders.
122. Power to make temporary diversion where highway about to be repaired or widened.
Part IX Lawful and Unlawful Interference With Highways and Streets
Obstruction of highways and streets
140B.Builders' skips: charge determined by reference to duration of occupation of highway
141. Restriction on planting of trees etc. in or near carriageway.
146. Duty to maintain stiles etc. on footpaths and bridleways.
147. Power to authorise erection of stiles etc. on footpath or bridleway.
147ZA. Agreements relating to improvements for benefit of persons with mobility problems.
148. Penalty for depositing things or pitching booths etc. on highway.
149. Removal of things so deposited on highways as to be a nuisance etc.
154. Cutting or felling etc. trees etc. that overhang or are a danger to roads or footpaths.
156. Restriction on breaking up by undertakers of maintainable highways recently closed or re-surfaced.
157—159.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
160. Powers as respects certain unnecessary obstructions of highways in Greater London.
160A. Further powers of highway authorities and district council in relation to highways.
Precautions to be taken in doing certain works in or near streets or highways
171. Control of deposit of building materials and making of excavations in streets.
171A. Works under s. 169 or s. 171: charge for occupation of the highway.
171B.Scaffolding, building materials and excavations: charge determined by reference to duration of occupation of highway
174.Precautions to be taken by persons executing works in streets.
175. Liability of certain persons in respect of materials left on highway.
175A. Duty to have regard to needs of disabled and blind in executing works, etc.
175B.Consent of highway authority required for trunk road access
177. Restriction on construction of buildings over highways.
178. Restriction on placing rails, beams etc. over highways.
180. Control of openings into cellars etc. under streets, and pavement lights and ventilators.
181. Provisions relating to placing, etc. of certain apparatus in or under a highway.
182. Supplementary provisions as to licences under section 181.
183. Appeal against certain decisions of local highway authority under section 181.
Part XI Making up of Private Streets
219. Payments to be made by owners of new buildings in respect of street works.
220. Determination of liability for, and amount of, payments.
221.Refunds etc. where work done otherwise than at expense of street works authority.
222.Sums paid or secured to be in discharge of further liability for street works.
223.Determination to cease to have effect when plans not proceeded with.
226. Power to vary width of carriageway and footway on making up a private street.
228. Adoption of private street after execution of street works.
229. Power of majority of frontagers to require adoption where advance payment made.
231. Compensation for damage caused by execution of street works.
232. Power to treat as a private street land designated for purposes of this section by development plan.
234. Provisions as to private street in area of more than one street works authority.
236. Contribution by street works authority to expenses of street works.
237. Power of street works authority to grant charging order.
Part XII Acquisition, Vesting and Transfer of Land etc.
239. Acquisition of land for construction, improvement etc. of highway: general powers.
240. Acquisition of land in connection with construction, improvement etc. of highway: further general powers.
241. Acquisition of land between improvement line and boundary of street.
242. Acquisition of land for execution of works in connection with certain bridges.
245. Acquisition of land for buildings etc. needed for discharge of functions of highway authority.
245A. Acquisition of land by Secretary of State , strategic highways company or Assembly for buildings etc. needed for traffic management purposes
246. Acquisition of land for mitigating adverse effects of constructing or improving highway.
249. Distance limits from highway applicable to compulsory acquisition.
Additional provisions with respect to acquisition of rights over land
250. Land acquisition powers to extend to creation as well as acquisition of rights.
251. Rights acquired to be binding on successive owners of the land.
252.Power of landowner affected by rights acquisition to compel acquisition of whole interest.
254. Compulsory acquisition for certain purposes of rights in land belonging to local authorities etc.
255. Liability for certain expenses resulting from order under section 254.
257. Compulsory acquisition proceedings taken concurrently with other related proceedings, etc.
258. Provisions relating to objections to compulsory purchase orders.
259. Power to confirm, etc., compulsory purchase order in part and postpone consideration of remainder.
260. Clearance of title to land acquired for statutory purposes.
Special compensation provisions as respects certain compulsory acquisitions for highway purposes
Transfer of property and liabilities on change of status of highway etc.
265.Transfer of property and liabilities upon a highway becoming or ceasing to be a trunk road.
266. Transfer to Ministeror a strategic highways company of privately maintainable bridges carrying trunk roads.
266A. Transfer of property and liabilities upon a highway becoming or ceasing to be a GLA road.
266B. Transfer of employees upon a highway becoming or ceasing to be a GLA road.
267. Transfer to local highway authorities of privately maintainable bridges carrying special roads.
268. Transfer of property and liabilities in connection with special roads etc.
271. Provisions with respect to transfer of toll highways to highway authorities.
Part XIII Financial Provisions
273.Contributions by county councils to expenses of district councils under section 96.
274.Contributions by councils towards expenses of highway authorities.
275. Contributions by councils and local planning authorities towards expenses incurred in connection with footpaths and bridleways.
276. Contributions to land drainage works which will benefit trunk roads.
277. Contribution towards maintenance of bridge where road ceases to be a trunk road.
280. Application of certain sums payable to local highway authorities.
Part XIV Miscellaneous and Supplementary Provisions
Miscellaneous powers etc. of highway authorities and local authorities
282. Power of highway authority to execute works for mitigating adverse effect of constructing or improving etc. highway.
284. Powers of Ministeror strategic highways company in relation to privately maintainable parts of trunk roads.
284A. Trunk roads: miscellaneous functions of Secretary of Stateand strategic highways company .
285. Power of Minister and Greater London Council to execute in Greater London road improvements not involving widening.
286. Power to require angles of new buildings at corners of streets to be rounded off.
287. Power to erect barriers in streets in cases of emergency etc.
289. Powers of entry of highway authority for the purpose of survey.
290.Supplementary provisions as to powers of entry for the purpose of survey.
291. Powers of entry of highway authority for purpose of maintaining, etc. certain structures and works.
292. Compensation for damage resulting from, and offences connected with, exercise of powers of entry etc. under section 289 or 291.
293. Powers of entry for purposes connected with certain orders relating to footpaths and bridleways.
294. Entry, etc., of premises by highway authority or council for certain purposes.
296. Power of highway authority or council to execute certain works on behalf of other person.
297. Power of highway authority or council to require information as to ownership of land.
298. Duty of local authorities to furnish information to county councils and the Greater London Council.
300. Right of local authorities to use vehicles and appliances on footways and bridleways.
301. Restriction on exercise of powers of lighting authorities.
SCHEDULES
Procedures for Making or Confirming Certain Orders and Schemes
Part II Schemes Under Sections 16 and 106(3)
10.Where the Minister proposes to make a scheme under section...
12.At any time, whether before or after the expiration of...
13.Where the period specified in a notice published by the...
14.(1) If any objection to the proposed scheme is received...
15.(1) After any objections to the proposed scheme which are...
16.In this Part of this Schedule “proposed scheme” includes a...
Validity and Date of Operation of Certain Schemes and Orders
Provisions of this Act Referred to in Section 11
Classes of Traffic for Purposes of Special Roads
Class I: Heavy and light locomotives, motor tractors, heavy motor...
Class IV: All motor vehicles (other than invalid carriages and...
Class VI: Vehicles (other than pedal cycles, perambulators, push-chairs and...
Class IX: Pedestrians, perambulators, push-chairs and other forms of baby...
Class X: Motor cycles whereof the cylinder capacity of the...
Class XI: Invalid carriages. In this Schedule any expression defined...
Part I Modifications in Relation to Land Referred to in Paragraph (a) or (b) of Section 21(2)
Part II Modifications in Relation to Land Referred to in Paragraph (c) of Section 21(2)
2.(1) If no representations or objections are duly made, or...
2ZA.(1) Where a public path extinguishment order, a special extinguishment...
2ZB.Where, in relation to any public path extinguishment order, special...
2A.(1) The following decisions- (a) a decision of the Secretary...
2B.(1) Subject to sub-paragraph (2), subsections (2) to (5) of...
3.(1) The Secretary of State may, subject to the provisions...
Maintenance of Certain Highways by District Councils
Part I Regulations Governing Exercise of Powers
1.Before exercising the relevant powers in relation to any highway...
3.(1) The relevant powers with respect to a highway specified...
4.(1) Without prejudice to paragraph 3(2) above, the relevant powers...
5.(1) Every district council shall prepare and keep up to...
7.A district council shall indemnify a county council in respect...
Part II Reimbursement by Highway Authorities of Certain Expenses of District Councils
Provisions as to Orders Under Section 116 and Conveyances Under Section 256
Part I Notices to be Given by Applicant for Order Under Section 116
Part II Apparatus of Statutory Undertakers
4.Where this Part of this Schedule applies in relation to...
6.Subject to the following provisions of this Part of this...
7.If in the course of the execution of undertakers’ works...
9.An amount which apart from this paragraph would be payable...
10.Any question arising under this Part of this Schedule shall,...
Further Powers of Highway Authorities and Councils in Relation to Interference with Highways
Particulars to be Stated in Specifications, Notices, Etc., Under the Private Street Works Code
Purposes for which Additional Land May be Taken in Advance of Requirements
Distance Limits from Highway Applicable to Compulsory Acquisition
Compulsory Acquisition of Rights: Modification of 1946 and 1965 Acts
Part II Adaptation of 1965 Act, Part I
6.For section 7 of the Act (measure of compensation) substitute...
7.Section 8(1) of the Compulsory Purchase Act 1965 has effect...
8.The following provisions of the Act (being provisions stating the...
10.Section 20 of the Act (protection for interests of tenants...
11.Section 22 of the Act (protection of acquiring authority’s possession...
1.All orders and regulations made, all directions, consents and notices...
2.Any order, byelaw, regulation or other instrument made by a...
3.All contracts, deeds, bonds or agreements entered into or made...
4.Where any such contract as aforesaid provides for the execution...
8.All proceedings, legal or other, begun before the day on...
9.The provisions of this Schedule, except paragraph 2, apply in...
Provisions of this Act to which Sections 288, 294, 312, 338, 339 and 341 of this Act Apply
1.Provisions contained in Part IV Section 36(6) and (7) and...
2.Provisions contained in Part V Section 66(2) to (8), sections...
3.Provisions contained in Part IX Sections 133, and 151 to...
4.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5.Provisions contained in Part XI The private street works code,...
6.Provisions contained in Part XII Section 239(6) and section 241....
7.Provisions contained in Part XIV Sections 286, 295, 297, 303,...
Fixed penalties for certain offences under Part 9
17.Any reference in this Act (whether express or implied) to...
18.Without prejudice to paragraph 17 above, any reference in this...
19.Without prejudice to paragraph 17 or 18 above, any power...
20.Where a period of time specified in any enactment repealed...
21.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
22.Any enactment or other document of any kind referring to...
23.Any enactment or other document of any kind referring to...
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