Highways Act 1980

JurisdictionUK Non-devolved
Citation1980 c. 66


Highways Act 1980

1980 CHAPTER 66

An Act to consolidate the Highways Acts 1959 to 1971 and related enactments, with amendments to give effect to recommendations of the Law Commission.

[13th November 1980]

B e it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

I Highway Authorities and Agreements Between Authorities

Part I

Highway Authorities and Agreements BetweenAuthorities

Highway authorities

Highway authorities

S-1 Highway authorities; general provision.

1 Highway authorities; general provision.

(1) The Minister is the highway authority for—

( a ) any highway which is a trunk road;

( 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.

(2) Outside Greater London the council of a county are the highway authority for all highways in the county, whether or not maintainable at the public expense, which are not highways for which under subsection (1) above the Minister is the highway authority.

(3) The Greater London Council are the highway authority for all metropolitan roads; and the council of a London borough or the Common Council are the highway authority for all highways in the borough or, as the case may be, in the City, whether or not maintainable at the public expense, which are not for the time being metropolitan roads or highways for which under subsection (1) above the Minister is the highway authority.

(4) Subsection (2) above is subject, as respects any highway outside Greater London for which the Minister is not the highway authority under subsection (1) above, to any provision of this Act, or of any order made under this or any other Act, by virtue of which a council other than the council of the county in which the highway is situated are the highway authority therefor.

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

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

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, and
b ) where the road is situated in a London borough, the Greater London Council or the council of the borough according as the road is or is not designated by the order as a metropolitan road

shall become the highway authority for the road.

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

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.

(2) Where the Minister has made a determination under subsection (1) above the determination—

( a ) may be varied at the request of the council of either of the counties concerned; and

( b ) shall be varied to give effect to any request made jointly to the Minister by those councils;

and any such variation shall take effect on the 1st April falling not less than 3 months, and not more than 15 months, after the date on which the determination is varied.

(3) Where a bridge carries a highway for which the Minister is not the highway authority and subsection (1) above does not apply, but some part of one or more of the approaches to the bridge lies in a county different from the bridge itself, the highway authority for the whole of that approach or those approaches is the council of the county in which the bridge is situated.

(4) For the purposes of this section, the approaches to a bridge consist of so much of the highway or highways on either side of the bridge as is situated within 100 yards of either end of the bridge.

Agreements between authorities

Agreements between authorities

S-4 Agreement for exercise by Minister of certain functions of local highway authority as respects highway affected by construction, etc. of trunk road.

4 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.

(2) Where under an agreement made under this section any function of a local highway authority is exercisable by the Minister, then, for the purpose of exercising that function the Minister shall have the same powers under this Act (including highway land acquisition powers) as the local highway authority have for that purpose, and in exercising that function and those powers he shall have the like rights and be subject to the like liabilities as that authority.

(3) Where for purposes connected with any function exercisable by him under an agreement made under this section the Minister proposes to construct a new highway, every council (other than the council of a district) in whose area the proposed highway is situated shall be a party to the agreement and the agreement shall provide for a local highway authority specified in the agreement to become the highway authority for the highway on its completion.

(4) An agreement under this section made between the Minister and any other highway authority may provide for the payment of contributions—

( 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;

and may also provide for the determination by arbitration of disputes as to the payment of such contributions.

(5) Any local highway authority who are a party to an agreement made under this section may contribute towards any expenses incurred by the Minister in executing any works to which the agreement relates.

S-5 Agreement for local highway authority to maintain and improve certain highways constructed or to be constructed by Minister.

5 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.

(2) Where an agreement is made under this section the council who are a party to the agreement shall, on such date as may be provided by the agreement, become the highway authority for the highway to which the agreement relates.

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

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

(1) The Minister may by agreement with a county council, the Greater London Council, or a London borough council...

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