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Highways Act 1980

Status:

This is the original version (as it was originally enacted).

  1. Introductory Text

  2. PART I Highway Authorities and Agreements Between Authorities

    1. Highway authorities

      1. 1.Highway authorities: general provision

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

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

    2. Agreements between authorities

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

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

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

      4. 7.Delegation etc. of functions with respect to metropolitan roads

      5. 8.Agreements between local highway authorities for doing of certain works

      6. 9.Seconding of staff etc.

  3. PART II Trunk Roads, Classified Roads, Metropolitan Roads, Special Roads

    1. Trunk roads

      1. 10.General provision as to trunk roads

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

    2. Classified roads

      1. 12.General provision as to principal and classified roads

      2. 13.Power to change designation of principal roads

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

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

    4. Metropolitan roads

      1. 15.General provision as to metropolitan roads

    5. Special roads

      1. 16.General provision as to special roads

      2. 17.Classification of traffic for purposes of special roads

      3. 18.Supplementary orders relating to special roads

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

      5. 20.Restriction on laying of apparatus etc. in special roads

    6. Ancillary matters with respect to orders under section 14 or 18 and schemes under section 16

      1. 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

      2. 22.Application of section 21 to sewers and sewage disposal works of sewerage authorities

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

  4. PART III Creation of Highways

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

    2. 25.Creation of footpath or bridleway by agreement

    3. 26.Compulsory powers for creation of footpaths and bridleways

    4. 27.Making up of new footpaths and bridleways

    5. 28.Compensation for loss caused by public path creation order

    6. 29.Protection for agriculture and forestry

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

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

    9. 32.Evidence of dedication of way as highway

    10. 33.Protection of rights of reversioners

    11. 34.Conversion of private street into highway

    12. 35.Creation of walkways by agreement

  5. PART IV Maintenance of Highways

    1. Highways maintainable at public expense

      1. 36.Highways maintainable at public expense

    2. Methods whereby highways may become maintainable at public expense

      1. 37.Provisions whereby highway created by dedication may become maintainable at public expense

      2. 38.Power of highway authorities to adopt by agreement

      3. 39.Adoption of certain highways in livestock rearing areas

      4. 40.Adoption of private streets

    3. Maintenance of highways maintainable at public expense

      1. 41.Duty to maintain highways maintainable at public expense

      2. 42.Power of district councils to maintain certain highways

      3. 43.Power of parish and community councils to maintain footpaths and bridleways

      4. 44.Person liable to maintain highway may agree to maintain publicly maintainable highway

      5. 45.Power to get materials for repair of publicly maintainable highways

      6. 46.Supplemental provisions with respect to the getting of materials under section 45

      7. 47.Power of magistrates' court to declare unnecessary highway to be not maintainable at public expense

      8. 48.Power of magistrates' court to order a highway to be again maintainable at public expense

    4. Maintenance of privately maintainable highways

      1. 49.Maintenance of approaches to certain privately maintainable bridges

      2. 50.Maintenance of privately maintainable footpaths and bridleways

      3. 51.No liability to maintain by reason of enclosure if highway fenced with consent of highway authority

      4. 52.Power to get materials for repair of privately maintainable highways

      5. 53.Power of magistrates' court to extinguish liability to maintain privately maintainable highway

      6. 54.Extinguishment of liability to maintain privately maintainable highway diverted by order of magistrates' court

      7. 55.Extinguishment of liability to maintain or improve bridges comprised in trunk roads and special roads

    5. Enforcement of liability for maintenance

      1. 56.Proceedings for an order to repair highway

      2. 57.Default powers of highway authorities in respect of non-repair of privately maintainable highways

      3. 58.Special defence in action against a highway authority for damages for non-repair of highway

    6. Recovery by highway authorities etc. of certain expenses incurred in maintaining highways

      1. 59.Recovery of expenses due to extraordinary traffic

      2. 60.Liability of certain persons for cost of use of alternative route where highway closed by reason of their works

    7. Regulations supplementing maintenance powers of district councils

      1. 61.Regulations supplementing maintenance powers of district councils

  6. PART V Improvement of Highways

    1. General power of improvement

      1. 62.General power of improvement

    2. Relief of main carriageway of trunk road from local traffic

      1. 63.Relief of main carriageway of trunk road from local traffic

    3. Dual carriageways, roundabouts and cycle tracks

      1. 64.Dual carriageways and roundabouts

      2. 65.Cycle tracks

    4. Safety provisions

      1. 66.Footways and guard-rails etc. for publicly maintainable highways

      2. 67.Guard-rails etc. in private streets

      3. 68.Refuges

      4. 69.Subways

      5. 70.Footbridges over highways

      6. 71.Margins for horses and livestock

    5. Widths

      1. 72.Widening of highways

      2. 73.Power to prescribe improvement line for widening street

      3. 74.Power to prescribe a building line

      4. 75.Variation of widths of carriageways and footways

    6. Levels

      1. 76.Levelling of highways

      2. 77.Alteration of levels

    7. Comers

      1. 78.Cutting off of corners

      2. 79.Prevention of obstruction to view at corners

    8. Fences and boundaries

      1. 80.Power to fence highways

      2. 81.Provision of highway boundary posts

    9. Cattle-grids

      1. 82.Provision of cattle-grids and by-passes

      2. 83.Removal of cattle-grids and discontinuance of by-passes

      3. 84.Maintenance of cattle-grids and by-passes

      4. 85.Exercise of powers by agreement between neighbouring authorities

      5. 86.Supersession of gates by cattle-grids

      6. 87.Agreements for use of land for cattle-grids or by-passes

      7. 88.Contributions towards expenditure of highway authorities

      8. 89.Delegation to certain authorities of functions of Minister

      9. 90.Protection of bridges and railways

    10. Construction, reconstruction, improvement etc. of bridges

      1. 91.Construction of bridge to carry existing highway maintainable at public expense

      2. 92.Reconstruction of bridge maintainable at public expense

      3. 93.Power to make orders as to reconstruction, improvement, etc., of privately maintainable bridges

      4. 94.Powers of highway authorities and bridge owners to enter into agreements

      5. 95.Supplemental provisions as to orders and agreements under sections 93 and 94

    11. Miscellaneous improvements

      1. 96.Powers of highway and local authorities to plant trees, lay out grass verges, etc.

      2. 97.Lighting of highways

      3. 98.Delegation of lighting functions of highway authority

      4. 99.Metalling of highways

      5. 100.Drainage of highways

      6. 101.Power to fill in roadside ditches etc.

      7. 102.Provision of works for protecting highways against hazards of nature

      8. 103.Provision of posts to indicate depth of flood water

      9. 104.Mitigating nuisance of dust

      10. 105.Power to improve road-ferries

  7. PART VI Construction of bridges over and tunnels under navigable waters and diversion etc. of watercourses

    1. Construction of bridges over and tunnels under navigable waters

      1. 106.Orders and schemes providing for construction of bridges over or tunnels under navigable waters

      2. 107.Provisions supplementary to section 106

    2. Diversion etc. of watercourses

      1. 108.Power to divert navigable watercourses

      2. 109.Provisions supplementary to section 108

      3. 110.Power to divert non-navigable watercourses and to carry out other works on any watercourse

    3. Interpretation

      1. 111.Interpretation of Part VI

  8. PART VII Provision of Special Facilities for Highways

    1. 112.Provision of picnic sites and public conveniences for users of trunk roads

    2. 113.Exercise by council of functions of Minister with respect to management or provision of picnic sites etc.

    3. 114.Provision of public conveniences by county council for users of roads for which they are the highway authority

    4. 115.Provision of areas for parking heavy goods vehicles, etc.

  9. PART VIII Stopping up and diversion of highways and stopping up of means of access to highways

    1. Stopping up and diversion of highways

      1. 116.Power of magistrates' court to authorise stopping up or diversion of highway

      2. 117.Application for order under section 116 on behalf of another person

      3. 118.Stopping up of footpaths and bridleways

      4. 119.Diversion of footpaths and bridleways

      5. 120.Exercise of powers of making public path extinguishment and diversion orders

      6. 121.Supplementary provisions as to public path extinguishment and diversion orders

      7. 122.Power to make temporary diversion where highway about to be repaired or widened

      8. 123.Saving and interpretation

    2. Stopping up of means of access to highways

      1. 124.Stopping up of private access to highways

      2. 125.Further powers to stop up private access to premises

      3. 126.Provisions supplementary to sections 124 and 125 etc.

      4. 127.Stopping up private access to premises by agreement

      5. 128.Penalty for using access which has been stopped up

      6. 129.Further provisions with respect to new means of access

  10. PART IX Lawful and Unlawful Interference With Highways and Streets

    1. Protection of public rights

      1. 130.Protection of public rights

    2. Damage to highways, streets etc.

      1. 131.Penalty for damaging highway etc.

      2. 132.Unauthorised marks on highways

      3. 133.Damage to footways of streets by excavations

      4. 134.Ploughing of footpath or bridleway

      5. 135.Temporary diversion of path or way ploughed up under section 134

      6. 136.Damage to highway consequent on exclusion of sun and wind

    3. Obstruction of highways and streets

      1. 137.Penalty for wilful obstruction

      2. 138.Penalty for erecting building, etc., in highway

      3. 139.Control of builders' skips

      4. 140.Removal of builders' skips

      5. 141.Restriction on planting of trees etc., in or near carriageway

      6. 142.Licence to plant trees, shrubs, etc. in a highway

      7. 143.Power to remove structures from highways

      8. 144.Power to erect flagpoles etc. on highways

      9. 145.Powers as to gates across highways

      10. 146.Duty to maintain stiles etc. on footpaths and bridleways

      11. 147.Power to authorise erection of stiles etc. on footpath or bridleway

      12. 148.Penalty for depositing things or pitching booths etc. on highway

      13. 149.Removal of things so deposited on highways as to be a nuisance etc.

      14. 150.Duty to remove snow, soil etc. from highway

      15. 151.Prevention of soil etc. being washed on to street

      16. 152.Powers as to removal of projections from buildings

      17. 153.Doors etc. in streets not to open outwards

      18. 154.Cutting or felling etc. trees etc. that overhang or are a danger to roads or footpaths

      19. 155.Penalties in connection with straying animals

      20. 156.Restriction on breaking up by undertakers of maintainable highways recently closed or re-surfaced

      21. 157.Half-yearly programmes to be prepared of repair and improvement works in Greater London

      22. 158.Relaxation of section 157 in certain cases

      23. 159.Restrictions on breaking up by undertakers of highways in Greater London recently closed for repair

      24. 160.Powers as respects certain unnecessary obstructions of highways in Greater London

    4. Danger or annoyance to users of highways and streets

      1. 161.Penalties for causing certain kinds of danger or annoyance

      2. 162.Penalty for placing rope, etc. across highway

      3. 163.Prevention of water falling on or flowing on to highway

      4. 164.Power to require removal of barbed wire

      5. 165.Dangerous land adjoining street

      6. 166.Forecourt abutting on streets

      7. 167.Powers relating to retaining walls near streets

    5. Precautions to be taken in doing certain works in or near streets or highways

      1. 168.Building operations affecting public safety

      2. 169.Control of scaffolding on highways

      3. 170.Control of mixing of mortar etc. on highways

      4. 171.Control of deposit of building materials and making of excavations in streets

      5. 172.Hoardings to be set up during building etc.

      6. 173.Hoardings to be securely erected

      7. 174.Precautions to be taken by persons executing works in streets

      8. 175.Liability of certain persons in respect of materials left on highway

    6. Miscellaneous

      1. 176.Restriction on construction of bridges over highways

      2. 177.Restriction on construction of buildings over highways

      3. 178.Restriction on placing rails, beams etc. over highways

      4. 179.Control of construction of cellars etc. under street

      5. 180.Control of openings into cellars etc. under streets, and pavement lights and ventilators

      6. 181.Provisions relating to placing, etc. of certain apparatus in or under a highway

      7. 182.Supplementary provisions as to licences under section 181

      8. 183.Appeal against certain decisions of local highway authority under section 181

      9. 184.Vehicle crossings over footways and verges

      10. 185.Power to install refuse or storage bins in streets

  11. PART X New Streets

    1. New street byelaws

      1. 186.Power of county councils and London boroughs and the Common Council to make new street byelaws

      2. 187.Continuation of existing street to be a new street

      3. 188.Power to declare existing highway to be a new street

      4. 189.Revocation and amendment of orders under section 188

      5. 190.Power to relax byelaw requirements

    2. Passing of plans deposited under byelaws

      1. 191.Passing or rejection of plans etc.

      2. 192.Deposit of plans to be of no effect after certain interval

    3. Requirements and prohibitions as to new streets

      1. 193.Imposition of requirements as to width of new streets in certain cases,

      2. 194.Power to vary position or direction, and to fix beginning and end, of new street

      3. 195.Construction of bridge carrying new street

      4. 196.Power to allow widening of existing street on one side only to less than prescribed width

    4. Enforcement of byelaws and requirements of local authority

      1. 197.Power to require removal or alteration of work not in conformity with byelaws

      2. 198.Fine for executing work otherwise than in accordance with conditions

      3. 199.Enforcement of conditions imposed by or under byelaws against owner

    5. Provisions as to regulation of new streets by enactment

      1. 200.Application of certain sections where new streets regulated by enactment

    6. Supplemental provisions

      1. 201.Right of local authority to retain deposited plans

      2. 202.Interpretation of Part X

  12. PART XI Making up of Private Streets

    1. Introductory

      1. 203.Interpretation of Part XI

      2. 204.Purposes and application of private street works code and advance payments code

    2. The private street works code

      1. 205.Street works in private streets

      2. 206.Incidental works

      3. 207.Provisional apportionment of expenses

      4. 208.Objections to proposed works

      5. 209.Hearing and determination of objections

      6. 210.Power to amend specification, apportionment, etc.

      7. 211.Final apportionment and objections to it

      8. 212.Recovery of expenses and charge thereof on premises

      9. 213.Power for limited owners to borrow for expenses

      10. 214.Financial provisions

      11. 215.Exemption for place of public religious worship

      12. 216.Certain railways and canals not to be chargeable with expenses

      13. 217.Objections only to be made as provided by private street works code

      14. 218.Saving for Thames Water Authority and Port of London Authority

    3. The advance payments code

      1. 219.Payments to be made by owners of new buildings in respect of street works

      2. 220.Determination of liability for, and amount of, payments

      3. 221.Refunds etc. where work done otherwise than at expense of street works authority

      4. 222.Sums paid or secured to be in discharge of further liability for street works

      5. 223.Determination to cease to have effect when plans not proceeded with

      6. 224.Certain matters to be local land charges

      7. 225.Interest on sums paid under advance payments code

    4. General

      1. 226.Power to vary width of carriageway and footway on making up a private street

      2. 227.Widening of highway comprised in private street

      3. 228.Adoption of private street after execution of street works

      4. 229.Power of majority of frontagers to require adoption where advance payment made

      5. 230.Urgent repairs to private streets

      6. 231.Compensation for damage caused by execution of street works

      7. 232.Power to treat as a private street land designated for purposes of this section by development plan

      8. 233.Appeal to Minister under private street works code

      9. 234.Provisions as to private street in area of more than one street works authority

      10. 235.Evasion of private street works expenses by owners

      11. 236.Contribution by street works authority to expenses of street works

      12. 237.Power of street works authority to grant charging order

  13. PART XII Acquisition, Vesting and Transfer of Land etc.

    1. Introductory

      1. 238.Interpretation etc. of Part XII

    2. Acquisition of land generally

      1. 239.Acquisition of land for construction, improvement etc. of highway: general powers

      2. 240.Acquisition of land in connection with construction, improvement etc. of highway: further general powers

      3. 241.Acquisition of land between improvement line and boundary of street

      4. 242.Acquisition of land for execution of works in connection with certain bridges

      5. 243.Acquisition of land for cattle-grids etc.

      6. 244.Acquisition of land for road-ferries

      7. 245.Acquisition of land for buildings etc. needed for discharge of functions of highway authority

      8. 246.Acquisition of land for mitigating adverse effects of constructing or improving highway

      9. 247.General provision as to acquisition procedure etc.

      10. 248.Acquisition in advance of requirements

      11. 249.Distance limits from highway applicable to compulsory acquisition

    3. Additional provisions with respect to acquisition of rights over land

      1. 250.Land acquisition powers to extend to creation as well as acquisition of rights

      2. 251.Rights acquired to be binding on successive owners of the land

      3. 252.Power of landowner affected by rights acquisition to compel acquisition of whole interest

      4. 253.Agreements as to use of land near highways

      5. 254.Compulsory acquisition for certain purposes of rights in land belonging to local authorities etc.

      6. 255.Liability for certain expenses resulting from order under section 254

    4. Exchange of land

      1. 256.Power to exchange land to adjust boundaries of highways

    5. Further provisions with respect to acquisition procedure for exercise of highway land acquisition powers

      1. 257.Compulsory acquisition proceedings taken concurrently with other related proceedings, etc.

      2. 258.Provisions relating to objections to compulsory purchase orders

      3. 259.Power to confirm, etc., compulsory purchase order in part and postpone consideration of remainder

      4. 260.Clearance of title to land acquired for statutory purposes

    6. Special compensation provisions as respects certain compulsory acquisitions for highway purposes

      1. 261.Benefit to vendor to be taken into account in assessing compensation on certain compulsory acquisitions for highway purposes

      2. 262.Assumptions to be made in assessing compensation on certain compulsory acquisitions of land for service stations etc. and lorry areas for special roads

    7. Vesting of highways etc.

      1. 263.Vesting of highways maintainable at public expense

      2. 264.Vesting of drains etc. of certain roads

    8. Transfer of property and liabilities on change of status of highway etc.

      1. 265.Transfer of property and liabilities upon a highway becoming or ceasing to be a trunk road

      2. 266.Transfer to Minister of privately maintainable bridges carrying trunk roads

      3. 267.Transfer to local highway authorities of privately maintainable bridges carrying special roads

      4. 268.Transfer of property and liabilities in connection with special roads etc.

      5. 269.Transfer of property upon a highway becoming or ceasing to be a metropolitan road

      6. 270.Transfer of lighting systems

      7. 271.Provisions with respect to transfer of toll highways to highway authorities

  14. PART XIII Financial Provisions

    1. 272.Advances for highway purposes

    2. 273.Contributions by county councils to expenses of district councils under section 96

    3. 274.Contributions by councils towards expenses of highway authorities

    4. 275.Contributions by councils and local planning authorities towards expenses incurred in connection with footpaths and bridleways

    5. 276.Contributions to land drainage works which will benefit ' trunk roads

    6. 277.Contribution towards maintenance of bridge where road ceases to be a trunk road

    7. 278.Contributions towards highway works by persons deriving special benefit from them

    8. 279.Borrowing power of councils

    9. 280.Application of certain sums payable to local highway authorities

    10. 281.Exemption from stamp duty

  15. PART XIV Miscellaneous and Supplementary Provisions

    1. Miscellaneous powers etc. of highway authorities and local authorities

      1. 282.Power of highway authority to execute works for mitigating adverse effect of constructing or improving etc. highway

      2. 283.Power of Minister to conduct experiments

      3. 284.Powers of Minister in relation to privately maintainable parts of trunk roads

      4. 285.Power of Minister and Greater London Council to execute in Greater London road improvements not involving widening

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

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

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

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

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

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

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

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

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

      14. 295.Power of councils to dispose of certain materials

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

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

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

      18. 299.Right to discharge water

      19. 300.Right of local authorities to use vehicles and appliances on footways and bridleways

      20. 301.Restriction on exercise of powers of lighting authorities

    2. Inquiries

      1. 302.Provisions as to inquiries

    3. Obstruction of persons executing Act

      1. 303.Penalty for obstructing execution of Act

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

    4. Recovery of expenses

      1. 305.Recovery of expenses by councils and highway authorities

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

    5. Determination of disputes as to compensation

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

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

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

    6. Prosecutions, appeals, etc.

      1. 310.Summary proceedings for offences

      2. 311.Continuing offences

      3. 312.Restriction on institution of proceedings

      4. 313.Inclusion of several sums in one complaint, etc.

      5. 314.Offences by body corporate

      6. 315.Notice to be given of right of appeal

      7. 316.Appeals and applications to magistrates' courts

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

      9. 318.Effect of decision of court upon an appeal

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

    7. Notices, etc.

      1. 320.Form of notices etc.

      2. 321.Authentication of documents etc.

      3. 322.Service of notices etc.

      4. 323.Reckoning of periods

    8. Regulations, schemes, orders, etc.

      1. 324.Regulations for procedure in connection with, and centre line of roads authorised etc. by, certain schemes and orders

      2. 325.Provisions as to regulations, schemes and orders

      3. 326.Revocation and variation of schemes and orders

    9. Crown application

      1. 327.Application of Act to Crown land

    10. Interpretation

      1. 328.Meaning of " highway "

      2. 329.Further provision as to interpretation

      3. 330.Construction of certain enactments relating to execution of works by statutory undertakers

      4. 331.References to functions of council as respects any highway

      5. 332.Widening of carriageway not to cease to be improvement by reason of diminution etc. of footway

    11. Savings etc.

      1. 333.Saving for rights and liabilities as to interference with highways

      2. 334.Savings for Post Office

      3. 335.Saving for minerals etc.

      4. 336.Saving for Coast Protection Act 1949

      5. 337.Saving for obligation to obtain planning permission

      6. 338.Saving for works, etc., of dock, harbour and canal undertakers

      7. 339.Saving for works etc. of drainage authorities etc.

      8. 340.Preservation of amendments

      9. 341.Amendment of section 303 of Public Health Act 1875

      10. 342.Amendment of section 41 of Countryside Act 1968

      11. 343.Transitional provisions, amendments and repeals

      12. 344.Application to Isles of Scilly

      13. 345.Short title, commencement and extent

  16. SCHEDULES

    1. SCHEDULE 1

      Procedures for Making or Confirming Certain Orders and Schemes

      1. PART I Orders

        1. 1.Where the Minister proposes to make an order under any...

        2. 2.Where an order under section 18 or section 108(1) of...

        3. 3.Not later than the day on which the said notice...

        4. 4.Where the proposed order authorises the stopping up or diversion...

        5. 5.At any time, whether before or after the expiration of...

        6. 6.Where the period specified in a notice published by the...

        7. 7.(1) If any objection to the proposed order is received...

        8. 8.(1) After any objections to the proposed order which are...

        9. 9.In this Part of this Schedule references to a proposed...

      2. PART II Schemes Under Sections 16 and 106(3)

        1. 10.Where the Minister proposes to make a scheme under section...

        2. 11.Not later than the day on which the said notice...

        3. 12.At any time, whether before or after the expiration of...

        4. 13.Where the period specified in a notice published by the...

        5. 14.(1) If any objection to the proposed scheme is received...

        6. 15.(1) After any objections to the proposed scheme which are...

        7. 16.In this Part of this Schedule "proposed scheme" includes a...

      3. PART III General

        1. 17.If, on or after publishing a notice required by Part...

        2. 18.(1) Any person who objects to the making or confirmation...

        3. 19.(1) Where objections to the making or confirmation of an...

        4. 20.Proceedings required by this Schedule to be taken for the...

        5. 21.Where— (a) proceedings required to be taken for the purposes...

    2. SCHEDULE 2

      Validity and Date of Operation of Certain Schemes and Orders

      1. 1.(1) Subject to sub-paragraph (2) below, as soon as may...

      2. 2.If a person aggrieved by a scheme or order to...

      3. 3.On any such application, the Court— (a) may by interim...

      4. 4.Subject to paragraph 3 above, a scheme or order to...

      5. 5.In relation to any scheme or order to which this...

    3. SCHEDULE 3

      Provisions of this Act Referred to in Section 11

      1. PART I Provisions conferring functions exercisable in relation to trunk roads by the Minister exclusively

        1. 1.Provisions contained in Part IV. Section 38(1) and section 57(2)....

        2. 2.Provisions contained in Part V. Section 73.

        3. 3.Provisions contained in Part IX. Section 133, section 171(1) and...

        4. 4.Provisions contained in Part XII. Sections 241 and 271.

      2. PART II Provisions conferring functions exercisable in relation to trunk roads by the Minister as well as by other authorities

        1. 5.Provisions contained in Part IX. Sections 151 and 152, section...

      3. PART III Provisions conferring functions exercisable in relation to trunk roads by the Minister and by other authorities with the consent of the Minister

        1. 6.Provisions contained in Part V. Section 66(2) and section 96(4)....

        2. 7.Provisions contained in Part IX. Section 185.

    4. SCHEDULE 4

      Classes of Traffic for Purposes of Special Roads

    5. SCHEDULE 5

      Modifications of Certain Provisions of the Town and Country Planning Act 1971 as Applied by Section 21

      1. PART I Modifications in Relation to Land Referred to in Paragraph (a) or (b) of Section 21(2)

        1. 1.For references in sections 230, 231, 237(2) and (3), 238...

        2. 2.In subsection (1) of the said section 230 omit the...

        3. 3.The references in subsection (4) of the said section 230...

        4. 4.In paragraph (b) of section 232(1) of the 1971 Act...

        5. 5.For subsection (2) of the said section 232 substitute the...

        6. 6.For references in subsections (3) and (6) of the said...

      2. PART II Modifications in Relation to Land Referred to in Paragraph (c) of Section 21(2)

        1. 1.For references in sections 230, 231, 237(2) and (3), 238...

        2. 2.In subsection (1) of the said section 230 omit the...

        3. 3.The references in subsection (4) of the said section 230...

        4. 4.For subsections (1) and (2) of section 232 of the...

        5. 5.For references in subsections (3) and (6) of the said...

    6. SCHEDULE 6

      Provisions as to Making, Confirmation, Validity and Date of Operation of Certain Orders Relating to Footpaths and Bridleways

      1. PART I Procedure for Making and Confirming Certain Orders Relating to Footpaths and Bridleways

        1. 1.(1) Before a public path creation order, a public path...

        2. 2.(1) If no representations or objections are duly made, or...

        3. 3.(1) The Secretary of State may, subject to the provisions...

      2. PART II Validity and Date of Operation of Certain Orders Relating to Footpaths and Bridleways

        1. 4.As soon as may be after an order to which...

        2. 5.Schedule 2 to this Act (except paragraph 1 thereof) applies...

        3. 6.In this Part of this Schedule "prescribed" means prescribed by...

    7. SCHEDULE 7

      Maintenance of Certain Highways by District Councils

      1. PART I Regulations Governing Exercise of Powers

        1. 1.Before exercising the relevant powers in relation to any highway...

        2. 2.If the county council are of the opinion that any...

        3. 3.(1) The relevant powers with respect to a highway specified...

        4. 4.(1) Without prejudice to paragraph 3(2) above, the relevant powers...

        5. 5.(1) Every district council shall prepare and keep up to...

        6. 6.A statement by or on behalf of the Minister that...

        7. 7.A district council shall indemnify a county council in respect...

      2. PART II Reimbursement by Highway Authorities of Certain Expenses of District Councils

        1. 8.The provisions of this Part of this Schedule apply where...

        2. 9.On or before 15th December in each year the district...

        3. 10.The county council are not liable to make a payment...

        4. 11.The district council may at any time, and from time...

        5. 12.A county council shall not unreasonably withhold approval of an...

    8. SCHEDULE 8

      Consents Required for Execution of Certain Works in Streets

      1. 1.In this Schedule " the authority " means the highway...

      2. 2.The authority shall not carry out any works to which...

      3. 3.A consent required by this Schedule in respect of any...

      4. 4.Where the consent of the Minister is required under this...

    9. SCHEDULE 9

      Improvement Lines and Building Lines

      1. 1.Before a line is prescribed by the Minister he shall...

      2. 2.Before a line is prescribed by a county council, as...

      3. 3.Before a line is prescribed by the Greater London Council,...

      4. 4.A line which a highway authority propose to prescribe shall...

      5. 5.The plan shall be deposited at the offices of the...

      6. 6.As soon as the plan has been so deposited the...

      7. 7.The authority shall consider any objection to the proposed line...

      8. 8.Not later than 6 weeks after the date on which...

      9. 9.If the authority revoke the line, they shall—

      10. 10.Where a local highway authority prescribe a line or revoke...

    10. SCHEDULE 10

      Procedure for Determination by Highway Authority of Certain Questions Arising in Connection with Provision of Cattle-Grid or By-Pass

      1. 1.(1) Before determining, under section 82 or 86 of this...

      2. 2.If no representation is duly made under paragraph 1 above,...

      3. 3.(1) Where a representation is duly made as aforesaid and...

      4. 4.For the purpose of displaying a notice as required by...

      5. 5.In relation to the exercise by a council of functions...

    11. SCHEDULE 11

      Provisions as to Orders Under Section 93 of this Act

      1. Limitations on matters to be dealt with by orders

        1. 1.The Minister shall not by an order under section 93...

        2. 2.The Minister shall not by an order with respect to...

        3. 3.The Minister shall not by an order with respect to...

        4. 4.An order made with respect to— (a) a bridge owned...

        5. 5.Nothing in an order made with respect to—

        6. 6.An order requiring the reconstruction of a bridge crossing a...

      2. Procedure for making orders

        1. 7.(1) An order to which this paragraph applies shall be...

        2. 8.Before making an order to which paragraph 7 above applies...

        3. 9.(1) If no objection is duly made by any person...

        4. 10.As soon as may be after the order has been...

        5. 11.Subject to paragraphs 7 to 10 above, the Minister of...

      3. Power to postpone commencement of orders

        1. 12.The Minister may postpone the date of the coming into...

      4. Provisions as to public utility undertakers

        1. 13.(1) Before making an order for the reconstruction or improvement...

        2. 14.(1) Where an order provides for the transfer to a...

      5. Apportionment of expenses

        1. 15.(1) Subject to sub-paragraph (2) below, where an order has...

        2. 16.Where the reconstruction or improvement of a bridge crossing—

        3. 17.Where an order providing for a matter referred to in...

        4. 18.Where it is determined by agreement or an award that...

        5. 19.Where it is determined by agreement or an award that...

      6. Arbitration

        1. 20.Where a question is by any provision of this Schedule,...

    12. SCHEDULE 12

      Provisions as to Orders Under Section 116 and Conveyances Under Section 256

      1. PART I Notices to be Given by Applicant for Order Under Section 116

        1. 1.At least 28 days before the day on which an...

        2. 2.Not later than 28 days before the day on which...

        3. 3.At least 28 days before the day on which the...

      2. PART II Apparatus of Statutory Undertakers

        1. 4.Where this Part of this Schedule applies in relation to...

        2. 5.Where a highway is stopped up or diverted in pursuance...

        3. 6.Subject to the following provisions of this Part of this...

        4. 7.If in the course of the execution of undertakers' works...

        5. 8.For the purposes of paragraph 7 above—

        6. 9.An amount which apart from this paragraph would be payable...

        7. 10.Any question arising under this Part of this Schedule shall,...

    13. SCHEDULE 13

      Deductions from Rents

      1. 1.An occupier of premises by whom any sum in relation...

      2. 2.Where a deduction from rent payable to a landlord is...

      3. 3.Nothing in paragraph 2 above entitles a person to deduct...

    14. SCHEDULE 14

      Provisions with Respect to Notices Under Section 184

      1. 1.A person on whom a notice under section 184(1) or...

      2. 2.An objection under paragraph 1 above shall be made by...

      3. 3.Where objection is made to a notice given by a...

      4. 4.If objection is made to such a notice and (he...

      5. 5.Subject to paragraph 4 above, such a notice becomes effective...

    15. SCHEDULE 15

      Application of Advance Payments Code

      1. 1.Where the advance payments code does not apply in a...

      2. 2.The resolution shall come into operation at such time, not...

      3. 3.When it has been passed, the resolution shall be published—...

      4. 4.A copy of the advertisement of the resolution published under...

      5. 5.For the purposes of this Schedule a notice is to...

    16. SCHEDULE 16

      Particulars to be Stated in Specifications, Notices, Etc., Under the Private Street Works Code

      1. 1.The specification shall describe generally the works and things to...

      2. 2.The plans and sections shall show the constructional character of...

      3. 3.The estimate shall show the particulars of the probable cost...

      4. 4.The provisional apportionment shall state the amounts charged on the...

      5. 5.The notice under section 205 of this Act shall contain...

      6. 6.The notice under section 210 of this Act shall contain...

    17. SCHEDULE 17

      Purposes for which Additional Land May be Taken in Advance of Requirements

    18. SCHEDULE 18

      Distance Limits from Highway Applicable to Compulsory Acquisition

      1. PART I Table of limits

      2. PART II Further provision with respect to the limits under Part I

        1. 1.In the entries numbered 2 and 4 in Part I...

        2. 2.Where the boundaries of any highway will be altered in...

    19. SCHEDULE 19

      Compulsory Acquisition of Rights : Modification of 1946 and 1965 Acts

      1. PART I Adaptation of 1946 Act, Schedule 1, Part III

        1. 1.In paragraphs 2 to 4 below, " the Schedule "...

        2. 2.In paragraph 9 of the Schedule (compulsory purchase order to...

        3. 3.In paragraph 10 of the Schedule (land of statutory undertakers)—...

        4. 4.(1) in paragraph 11 of the Schedule (common land, open...

      2. PART II Adaptation of 1965 Act, Part I

        1. 5.In relation to a compulsory acquisition of a right by...

        2. 6.For section 7 of the Act (measure of compensation) substitute...

        3. 7.For section 8(1) of the Act (protection for vendor against...

        4. 8.The following provisions of the Act (being provisions stating the...

        5. 9.Section 11 of the Act (powers of entry) is so...

        6. 10.Section 20 of the Act (protection for interests of tenants...

        7. 11.Section 22 of the Act (protection of acquiring authority's possession...

    20. SCHEDULE 20

      Acquisition of Land or Rights : Related Schemes and Orders

    21. SCHEDULE 21

      Transitional Matters Arising where a Highway Becomes a Trunk Road or a Trunk Road Ceases to be a Trunk Road

      1. 1.All orders and regulations made, all directions, consents and notices...

      2. 2.Any order, byelaw, regulation or other instrument made by a...

      3. 3.All contracts, deeds, bonds or agreements entered into or made...

      4. 4.Where any such contract as aforesaid provides for the execution...

      5. 5.Where, before the day on which a highway becomes a...

      6. 6.In calculating— (a) the amount of any sum to be...

      7. 7.If any dispute arises under paragraph 4, 5 or 6...

      8. 8.All proceedings, legal or other, begun before the day on...

      9. 9.The provisions of this Schedule, except paragraph 2, apply in...

    22. SCHEDULE 22

      Provisions of this Act to which Sections 288, 294, 312, 338, 339 and 341 of this Act Apply

      1. 1.Provisions contained in Part IV

      2. 2.Provisions contained in Part V

      3. 3.Provisions contained in Part IX

      4. 4.Provisions contained in Part X

      5. 5.Provisions contained in Part XI

      6. 6.Provisions contained in Part XII

      7. 7.Provisions contained in Part XIV

    23. SCHEDULE 23

      Transitional Provisions

      1. Delegation of functions

        1. 1.Section 6(1) and section 7(1) of this Act shall have...

      2. Trunk roads and related roads

        1. 2.Section 11(1) of this Act applies to a highway which...

        2. 3.(1) The provisions of this Act (except section 19) and...

        3. 4.(1) Any order under section 1(3) of the Trunk Roads...

        4. 5.(1) Any order under section 4 of the Trunk Roads...

      3. Special roads

        1. 6.(1) In schemes under section 11 of the Highways Act...

      4. Vehicle crossings

        1. 7.(1) If a person knowingly uses a grass verge or...

      5. Maintenance of highways

        1. 8.Any question of liability for non-repair of a highway in...

      6. Cattle-grids etc.

        1. 9.(1) Without prejudice to the application of this Act to...

      7. New streets

        1. 10.(1) Without prejudice to paragraphs 17 to 19 below section...

        2. 11.The repeal by this Act of the Highways Act 1959...

      8. Private Street Works Code

        1. 12.(1) Sub-paragraph (2) below has effect where—

        2. 13.(1) Subject to sub-paragraph (3) below, where a highway in...

      9. Acquisition of land

        1. 14.(1) Notwithstanding anything in section 1(2) of the Act of...

      10. National Freight Corporation

        1. 15.Until the appointed day within the meaning of Part II...

      11. Continuing offences

        1. 16.Where an offence for the continuance of which a penalty...

      12. General

        1. 17.Any reference in this Act (whether express or implied) to...

        2. 18.Without prejudice to paragraph 17 above, any reference in this...

        3. 19.Without prejudice to paragraph 17 or 18 above, any power...

        4. 20.Where a period of time specified in any enactment repealed...

        5. 21.For the purposes of the operation in relation to this...

        6. 22.Any enactment or other document of any kind referring to...

        7. 23.Any enactment or other document of any kind referring to...

      13. References to Magistrates' Courts Act 1980

        1. 24.Until the day appointed for the coming into force of...

    24. SCHEDULE 24

      Consequential Amendments

      1. Military Lands Act 1892

        1. 1.In the Military Lands Act 1892— (a) in section 13,...

      2. Settled Land Act 1925

        1. 2.In section 56(3) of the Settled Land Act 1925, for...

      3. Universities and College Estates Act 1925

        1. 3.In section 16(3) of the Universities and College Estates Act...

      4. Public Health Act 1936

        1. 4.In the Public Health Act 1936— (a) in section 20(1)(b),...

      5. Public Utilities Street Works Act 1950

        1. 5.In section 39(1) of the Public Utilities Street Works Act...

      6. Agriculture (Improvement of Roads) Act 1955

        1. 6.In section 5(1) of the Agriculture (Improvement of Roads) Act...

      7. Parish Councils Act 1957

        1. 7.In section 3(10) of the Parish Councils Act 1957—

      8. Land Compensation Act 1961

        1. 8.In section 8(7) of the Land Compensation Act 1961 for...

      9. Public Health Act 1961

        1. 9.In section 51(2), (4) and (11) of the Public Health...

      10. Pipelines Act 1962

        1. 10.In the Pipelines Act 1962— (a) in section 15(10), in...

      11. London Government Act 1963

        1. 11.In Schedule 9 to the London Government Act 1963, in...

      12. Licensing Act 1964

        1. 12.In section 9(4) of the Licensing Act 1964—

      13. New Forest Act 1964

        1. 13.In section 3 of the New Forest Act 1964—

      14. Severn Bridge Tolls Act 1965

        1. 14.In the Severn Bridge Tolls Act 1965—

      15. New Towns Act 1965

        1. 15.In the New Towns Act 1965— (a) in section 25,...

      16. Road Traffic Regulation Act 1967

        1. 16.In the Road Traffic Regulation Act 1967—

      17. Countryside Act 1968

        1. 17.In the Countryside Act 1968— (a) in section 27(6), for...

      18. Transport Act 1968

        1. 18.In the Transport Act 1968— (a) in section 119(1), for...

      19. Chronically Sick and Disabled Persons Act 1970

        1. 19.In section 20(2) of the Chronically Sick and Disabled Persons...

      20. Town and Country Planning Act 1971

        1. 20.In the Town and Country Planning Act 1971—

      21. Road Traffic Act 1972

        1. 21.In the Road Traffic Act 1972, in section 36A(4) and...

      22. Local Government Act 1972

        1. 22.In Schedule 16 to the Local Government Act 1972, in...

      23. Land Compensation Act 1973

        1. 23.In the Land Compensation Act 1973— (a) in section 19(1),...

      24. Control of Pollution Act 1974

        1. 24.In the Control of Pollution Act 1974—

      25. Road Traffic Act 1974

        1. 25.In section 17 of the Road Traffic Act 1974—

      26. Local Land Charges Act 1975

        1. 26.In section 1(1)(a) of the Local Land Charges Act 1975...

      27. Local Government (Miscellaneous Provisions) Act 1976

        1. 27.In the Local Government (Miscellaneous Provisions) Act 1976—

      28. Development of Rural Wales Act 1976

        1. 28.In Schedule 3 to the Development of Rural Wales Act...

      29. Rent Act 1977

        1. 29.In both section 34(1)(a) and section 50(1)(a) of the Rent...

      30. Refuse Disposal (Amenity) Act 1978

        1. 30.In section 3(3) of the Refuse Disposal (Amenity) Act 1978...

    25. SCHEDULE 25

      Repeals

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