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Highways Act 1980

Type Public General Act

Publication 1980-11-13

Last updated 2026-03-13

State In force

Department Statute Law Database

Source legislation.gov.uk

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Part I — Highway Authorities and Agreements Between Authorities

Highway authorities

Compensation for loss caused by public path creation order.

1

(1) The Minister is, subject to subsection (1A), the highway authority for—

(a) any highway which is a trunk road;

(aa) any special road provided by him;

(b) any highway as respects which an order made by him under any enactment expressly provides that he is to be the highway authority for it but does not direct that the highway is to be a trunk road;

(d) any other highway being a highway constructed by him, except where by virtue of section 2, 4(3) or 5(2) below or by virtue of some other enactment a local highway authority are the highway authority for it or where by means of an order made under section 14 or 18 below the highway is transferred to a local highway authority.

(e) any highway for which he becomes the highway authority by virtue of section 2 of the Infrastructure Act 2015.

(1A) A strategic highways company is the highway authority for—

(a) any highway specified in the appointment of the company in accordance with Part 1 of the Infrastructure Act 2015;

(b) any highway that is directed to become a trunk road and for which that company is directed to be highway authority under section 10;

(d) any highway for which an order made under any enactment expressly provides for that company to be the highway authority;

(e) any highway transferred to the company by an order under section 14 or 18;

(f) any other highway constructed by the company except where—

(i) by virtue of section 4(3) or 5(2) or some other enactment, a local highway authority is the highway authority for it; or

(ii) by means of an order under section 14 or 18 the highway is transferred to a local highway authority.

Paragraphs (a), (b) and (f) do not apply where a local highway authority becomes the highway authority by virtue of section 2.

(2) Outside Greater London the council of a county or metropolitan district are the highway authority for all highways in the county or, as the case may be, the district, whether or not maintainable at the public expense, which are not highways for which under subsection (1)or (1A) above the Ministeror a strategic highways company is the highway authority.

(2A) Transport for London is the highway authority for all GLA roads.

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

(3A) In Wales the council of a county or county borough are the highway authority for all highways in the county or, as the case may be, the county borough, whether or not maintainable at the public expense, which are not highways for which the Minister is the highway authority under subsection (1) above.

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

(5) Subsection (3A) above is subject to any provision of this Act, or of any order made under this or any other Act, by virtue of which a council other than the Welsh council for the area in which the highway is situated are the highway authority.

Stopping up of footpaths , bridleways and restricted byways crossing railways.

2

(1)Where an order made under section 10 below directs that a trunk road shall cease to be a trunk road, then, as from the date specified in that behalf in the order, the following authority, that is to say—

(a) where the road is situated outside Greater London, the council of the county or metropolitan district, and

(b) where the road is situated in Greater London, Transport for London,

shall become the highway authority for the road.

(2) In the case of a special road provided by the Ministeror by a strategic highways company, subsection (1) above has effect subject to any provision of the order directing that the Ministeror the company shall continue to be the highway authority for the road.

(3) Where Transport for London becomes the highway authority for a road by virtue of subsection (1) above, the road shall become a GLA road.

Register of maps, statements and declarations.

3

(1) Where a bridge carries a highway for which the Ministeror a strategic highways company is not the highway authority and part of the bridge is situated in one county and part in another the highway authority for the highway carried by the bridge and the approaches thereto is such one of the councils of those counties as may be agreed between them before such a day as the Minister may by order made by statutory instrument appoint or, in default of such agreement, as may be determined by the Minister.

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

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

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

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

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

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

Agreements between authorities

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

4

(1) The Ministeror a strategic highways company, whichever is the highway authority for a trunk road (“the trunk road authority”) and a local highway authority may enter into an agreement for providing, in relation to a highway specified in the agreement, being a highway that crosses or enters the route of that trunk road or is or will be otherwise affected by the construction or improvement of that trunk road, that any functions specified in the agreement, being functions of improvement exercisable as respects that highway by the local highway authority, shall be exercisable by the trunk road authority on such terms and subject to such conditions (if any) as may be so specified.

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

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

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

(a) by the trunk road authority to that other authority in respect of any additional liabilities imposed on that other authority in consequence of the provisions of the agreement;

(b) to the trunk road authority by that other authority in respect of liabilities so imposed on the trunk road authority , being liabilities which would otherwise have fallen to be discharged by that other authority;

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

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

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

5

(1) The local highway authority may by agreement with the Ministeror a strategic highways company undertake the maintenance and improvement of a highway in the local highway authority's area, being a highway (other than a trunk road) which the Ministeror the company proposes to construct or has, whether before or after the commencement of this Act, constructed.

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

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

6

(1) The Minister or a strategic highways company may by agreement with a county council, a metropolitan district council, or a London borough council delegate to that council all or any of his or its functions (including functions under a local or private Act) with respect to the maintenance and improvement of, and other dealing with, any trunk road or any land which does not form part of a trunk road but which has been acquired by him or it in connection with a trunk road under section 239(2) or (4) or section 246 below;. . .

(1A) The Minister or a strategic highways company shall not delegate functions to a council under subsection (1) above—

(a) with respect to a trunk road or land outside that council's area but within a non-metropolitan county or London borough, except with the consent of the council of that county or borough;

(b) with respect to a trunk road or land outside that council's area but within a metropolitan district except after consultation with the council of that district.

(1B) The Minister or a strategic highways company shall not delegate functions to a council under subsection (1) above with respect to a trunk road or land outside that council'sarea but in Wales except after consultation with the Welsh council in whose area it is situated; and subsection (1A) does not apply in relation to a trunk road or land in Wales.

(2) A council shall, in the exercise of any functions delegated to them under subsection (1) above, act as agents for the Minister or a strategic highways company and in accordance with such conditions as may be attached to the delegation, and among such conditions there shall be included the following—

(a) that the works to be executed and the expenditure to be incurred by the council in the discharge of the delegated functions shall be subject to the approval of the Minister or a strategic highways company;

(b) that the council shall comply with any requirement of the Minister or a strategic highways company as to the manner in which any such works are to be carried out, and with any directions of the Minister or a strategic highways company as to the terms of contracts to be entered into for the purposes of the discharge of the delegated functions; and

(3) If at any time the Minister or a strategic highways company is satisfied that a trunk road or land with respect to which functions are delegated under subsection (1) above is not in proper repair and condition, he or the company may give notice to the council requiring them to place it in proper repair and condition within such time as may be specified in the notice, and if the notice is not complied with the Minister or a strategic highways company may do anything that seems to him or the company necessary to place the road or land in proper repair and condition.

(4) A delegation to a council under subsection (1) above may be determined by notice given by the Minister or a strategic highways company to the council during the first 9 months of any calendar year, or the functions so delegated may be relinquished by a notice given by the council to the Minister or a strategic highways company during any such period; and the notice shall take effect as from 1st April in the calendar year following that in which it is given.

(5) The Minister or a strategic highways company may enter into an agreement with a county council, a metropolitan district council or a London borough council—

(a) for the construction of a trunk road, or

(b) for the carrying out by the council of any work of improvement of, or other dealing with, any trunk road or any such land as is mentioned in subsection (1) above;

and subsection (2) above applies to the discharge of the functions of a council under any such agreement and to the conditions to be included in any such agreement as it applies to the discharge of functions delegated under subsection (1) above to any such council and to the conditions to be attached to any such delegation.

(6) Where—

(a) any functions have been delegated by the Minister or a strategic highways company to a county council under subsection (1) above, or

(b) the Minister or a strategic highways company has entered into an agreement with a county council under subsection (5) above,

the county council (the “responsible council”) may, with the consent of the Minister or a strategic highways company, enter into arrangements with a district council or Welsh council (the “contracting council”) for the carrying out by the contractingcouncil, in accordance with the arrangements, of such of the delegated functions or, as the case may be, of the functions to which the agreement relates as may be specified in the arrangements;. . .

(6A) No arrangements shall be entered into under subsection (6) above for the carrying out by a contracting council of any functions—

(a) with respect to a trunk road or land outside their area but within a non-metropolitan district, except with the consent of the council of the non-metropolitan district;

(b) with respect to a trunk road or land outside their area but within a metropolitan district, except after consultation with the council of the metropolitan district.

(i) of the responsible council; and

(ii) of the contracting council,

except after consultation with the Welsh council in whose area the trunk road or land is situated.

(7) Plant or materials belonging to a council by whom functions fall to be exercised by virtue of a delegation, or agreement or arrangements under this section may be used by them for the purposes of those functions subject to the terms of the delegation, or agreement or arrangements.

(8) Nothing in this section limits the power of the Minister or a strategic highways company to enter into and carry into effect agreements with any person for any purpose connected with the construction, improvement or maintenance of, or other dealing with, a trunk road or otherwise connected with his or the company's functions relating to trunk roads under this or any other Act; but no such agreement shall provide for the delegation of powers or duties of the Minister or a strategic highways company except in accordance with

(a) the provisions of this section; or

(b) the provisions of any order made under section 69 of the Deregulation and Contracting Out Act 1994.

Stopping up of certain highways for purposes of crime prevention, etc.

7

Saving for minerals etc.

8

(1) Subject to the provisions of this section, local highway authorities and strategic highways companies may enter into agreements with other such authorities and companies for or in relation to the construction, reconstruction, alteration, improvement or maintenance of a highway for which any party to the agreement are the highway authority.

(2) An agreement under this section may provide, in relation to a highway specified in the agreement, being a highway for which one of the parties to the agreement are the highway authority, that any functions specified in the agreement, being functions exercisable as respects that highway by the highway authority therefor, shall be exercisable by some other party to the agreement on such terms and subject to such conditions (if any) as may be so specified.

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

(4) The council of a county (other than one in Wales) may not enter into an agreement under this section with the council of another county or county borough unless their areas adjoin each other ; and the council of a metropolitan district may not enter into an agreement under this section with the council of another metropolitan district or of a county or county borough unless the districts are in the same county or in counties which adjoin each other or, as the case may be, the county in which the district is situated and the other county or, as the case may be, county borough adjoin each other..

(5) Expenses incurred in pursuance of an agreement made under this section shall be borne for the parties to the agreement in such proportions as may be determined by the agreement.

Seconding of staff etc.

9

(1) A council may enter into an agreement with the Ministeror a strategic highways company for placing at hisor the company's disposal for the purposes of hisor the company's functions relating to highways, on such terms as may be provided by the agreement, the services of persons employed by the council and any premises, equipment and other facilities under the control of the council.

(2) For superannuation purposes service rendered by a person whose services are placed at the disposal of the Ministeror a strategic highways company in pursuance of this section is service rendered to the council by whom that person is employed.

Part II — Trunk Roads, Classified Roads, Metropolitan Roads, Special Roads

Trunk roads

Acquisition in advance of requirements.

10

(1) Subject to the provisions of this section, all such highways and proposed highways as immediately before the commencement of this Act were trunk roads within the meaning of the Highways Act 1959 continue to be, and to be known as, trunk roads.

(2) The Minister shall keep under review the national system of routes for through traffic in England and Wales, and if he is satisfied after taking into consideration the requirements of local and national planning, including the requirements of agriculture, that it is expedient for the purpose of extending, improving or reorganising that system either—

(a) that any highway

(i) to be constructed by the Minister or a strategic highways company, or

(ii) in relation to which the Minister has entered or proposes to enter into an agreement under section 38(3A),

(b) that any trunk road should cease to be a trunk road,

he may by order direct that that highway or proposed highway shall become, or, as the case may be, that that road shall cease to be, a trunk road as from such date as may be specified in that behalf in the order.

(2A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) The power of the Minister under subsection (2) to direct that a highway or proposed highway shall become a trunk road shall include power to direct that a highway or proposed highway which he considers suitable for the purpose of relieving a main carriageway of the trunk road from local traffic shall become part of the trunk road, whether or not the highway or proposed highway is separated from the remainder of the road by intervening land.

(3A) The power under subsection (2) to direct that a highway or proposed highway become a trunk road includes the power to direct that a strategic highways company is the highway authority for that trunk road.

(4) . . .

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

the power under subsection (2) to direct that a proposed highway shall become a trunk road may be exercised in relation to any cycle track or footpath proposed to be constructed . . . on land separated by intervening land from the trunk road in connection with which it is to be used.

(4A) A strategic highways company may by order direct—

(a) that a highway for which the company is the highway authority is to become a trunk road,

(b) in relation to a highway in the company’s area for which the company is not the highway authority, that—

(i) the highway is to become a trunk road, and

(ii) the company is to become the highway authority for it, or

(4B) In subsection (4A)(b)—

(a) the reference to the company’s area is to the area in respect of which it was appointed (see section 2(1) of the Infrastructure Act 2015), and

(b) the reference to a highway for which the company is not the highway authority includes a proposed highway to be constructed by the company.

(4C) A strategic highways company may make an order under subsection (4A) only if it is satisfied that the order is expedient for the purpose of extending, improving or reorganising the national system of routes for through traffic in England and Wales.

(4D) A strategic highways company may be satisfied as mentioned in subsection (4C) only after taking into consideration the requirements of local and national planning, including the requirements of agriculture.

(4E) An order under subsection (4A)—

(a) must specify the date on which it takes effect, and

(b) must be confirmed by the Secretary of State.

(4F) Subsections (3) and (4) apply in relation to the power in subsection (4A) as they apply in relation to the power in subsection (2).

(4G) The powers in this section are subject to section 33(4) of the Planning Act 2008 (exclusion of powers to make or confirm orders in relation to highways for which development consent required).

(5) Parts I and III of Schedule 1 to this Act have effect as to the making of an order under this section; and Schedule 2 to this Act has effect as to the validity and date of operation of any such order.

(6) If objection to an order proposed to be made under this section is duly made in accordance with Part I of Schedule 1 to this Act by a council who are responsible for the maintenance of a highway to which the order relates, or who will become so responsible by virtue of the order, and is not withdrawn, the order shall be subject to special parliamentary procedure.

(7) If an order under this section directing that a proposed highway shall become a trunk road is revoked or varied by a subsequent order made at any time before the date on which the highway is opened for the purposes of through traffic, the revoking or varying order shall not be deemed for the purposes of section 2 above to be an order directing that a trunk road shall cease to be a trunk road.

(8) In addition to the case where a trunk road ceases to be a trunk road by virtue of an order made under this section, a trunk road shall cease to be a trunk road if the road is transferred from the Minister or a strategic highways company to some other highway authority to become part of a special road provided by that authority.

(9) No highway which is within the City shall be, or become, a trunk road, and without prejudice to the generality of the foregoing provision, none of the following bridges, that is to say, Blackfriars Bridge, London Bridge, Southwark Bridge and Tower Bridge, and no highway carried by any of those bridges, shall be, or become, a trunk road.

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

11

(1) As from the date when a highway becomes a trunk road, any functions of construction, maintenance or improvement exercisable as respects that highway by a council under a local or private Act are to be deemed to have become exercisable by the Minister alone or a strategic highways company alone, whichever is highway authority for the trunk road (“the trunk road authority”), and while the highway remains a trunk road they shall continue to be so exercisable.

(2) Where the Minister is satisfied that there has been conferred on a council by a local or private Act a function substantially similar to one conferred by a provision of this Act specified in Schedule 3 to this Act, he may, after consultation with the council, by order direct that, in relation to a trunk road, the function conferred by the local or private Act is to be exercisable in accordance with the following conditions:

(a) where the provision of the local or private Act is similar to a provision of this Act specified in Part I of the said Schedule 3, that it is to be exercisable by the trunk road authorityonly;

(b) where the provision of the local or private Act is similar to a provision of this Act specified in Part II of the said Schedule, that, in so far as it is exercisable by a council, it is to be exercisable by that council. . . , as well as by the trunk road authority;

(c) where the provision of the local or private Act is similar to a provision of this Act specified in Part III of the said Schedule, that, in so far as it is exercisable by a council, it is to be exercisable by that council with the consent of thetrunk road authority. . . , as well as by the trunk road authority.

(3) Where the Minister makes an order under this section in relation to a function conferred by a provision of a local or private Act, and the provision of this Act by which a function substantially similar to the first-mentioned function is conferred is, in relation to a trunk road, subject to any modification, the provision of the local or private Act shall, in relation to a trunk road, be subject to a similar modification, and the Minister may by the same order specify the modification to which the provision of the local or private Act is accordingly to be subject.

Classified roads

Royal Parks or highways in London affected by proposals relating to the other.

12

(1) Subject to subsection (3) below, all such highways or proposed highways as immediately before the commencement of this Act—

(a) were principal roads for the purposes of any enactment or instrument which refers to roads or highways classified by the Minister as principal roads, either by virtue of having been so classified under section 27(2) of the Local Government Act 1966 (which is replaced by subsection (3) below), or by virtue of being treated as such in accordance with section 40(1) of the Local Government Act 1974,

(b) were (whether or not they also fall within paragraph (a) above) classified roads for the purposes of any enactment or instrument which refers to roads classified by the Minister (but does not specifically refer to their classification as principal roads), either by virtue of having been so classified under section 27(2) of the said Act of 1966, or by virtue of being treated as such in accordance with section 40(1) of the said Act of 1974, or

(c) were classified roads for the purposes of any enactment or instrument by virtue of being treated as such in accordance with section 27(4) of the said Act of 1966,

continue to be, and to be known as, principal roads or, as the case may be, classified roads (or both principal roads and classified roads of a category other than principal roads, in the case of highways falling within both paragraph (a) and paragraph (b) above) for the purposes specified in subsection (2) below.

(2) So far as a highway that continues to be a principal or classified road in accordance with subsection (1) above was, immediately before the commencement of this Act, a classified road for the purposes of any enactment repealed and replaced by this Act, it is a classified road for the purposes of the corresponding provision of this Act; and so far as any such highway was immediately before the commencement of this Act a principal or classified road for the purposes of any other enactment, or any instrument, it so continues for the purposes of that enactment or instrument.

(3) The Minister may for the purposes of—

(a) any provision of this Act which refers to classified roads, or

(b) any other enactment or any instrument (whether passed or made before or after the passing of this Act) which refers to highways classified by the Minister,

classify highways or proposed highways, being highways or proposed highways for which local highway authorities are the highway authorities, in such manner as he may from time to time determine after consultation with the highway authorities concerned.

(4) References in any provision hereafter contained in this Act to classified roads are references to—

(a) any highway or proposed highway that for the time being is a classified road for the purposes of that provision by virtue of subsections (1) and (2) above;

(b) any highway or proposed highway that for the time being is classified under subsection (3) above for the purposes of that provision, or for the purposes of enactments that include that provision; and

(c) any highway or proposed highway that for the time being is classified under subsection (3) above as a principal road for the purposes of any enactment or instrument which refers to roads or highways classified by the Minister as principal roads.

Power to change designation of principal roads

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(1) The Minister may by order assign some other description to the highways which for the time being are principal roads for the purposes of any enactment or instrument (whether by virtue of section 12(1) and (2) above, or by virtue of having been so classified under section 12(3) above, or otherwise).

(2) If an order is made under subsection (1) above, then, except in so far as the order otherwise provides, any reference to a principal road in any enactment or instrument passed or made before the order is made (including an enactment in this Act) is to be construed as a reference to a highway of the description specified in the order.

(3) Nothing in subsection (1) above affects the power of the Minister under section 12(3) above to classify highways or proposed highways in such manner as he may determine after consultation with the highway authority concerned.

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

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

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(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;

and references in this section, with respect to an order made thereunder, to “the road” and “the highway authority” are references to, respectively, the trunk road or, as the case may be, classified road to which the order relates and the highway authority for that road.

(1A) Subsection (1) is subject to section 33(4) of the Planning Act 2008 (exclusion of powers to make or confirm orders in relation to highways for which development consent required) and section 20(3) of the Infrastructure (Wales) Act 2024 (exclusion of powers to make or confirm orders in relation to highways for which infrastructure consent required).

(2) The provision that may be made pursuant to subsection (1)(c) above in an order under this section that provides for the stopping up or diversion of a highway, includes provision for the preservation of any rights—

(a) of statutory undertakers in respect of any apparatus of theirs which immediately before the date of the order is under, in, on, over, along or across the highway to be stopped up or diverted; . . .

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) An order under this section—

(a) in relation to a trunk road for which he is the highway authority shall be made by the Minister, and

(b) in any other case shall be made by the highway authority and confirmed by the Minister.

(4) Parts I and III of Schedule 1 to this Act have effect as to the making of an order under this section; and Schedule 2 to this Act has effect as to the validity and date of operation of any such order.

(5) Subject to subsection (4) above, an order under this section relating to a trunk road may come into operation on the same day as the order under section 10 above relating to that road.

(6) No order under this section authorising the stopping up of a highway shall be made or confirmed by the Minister unless he is satisfied that another reasonably convenient route is available or will be provided before the highway is stopped up.

(7) An order under this section may provide for the payment of contributions—

(a) by the highway authority to any other highway authority in respect of any additional liabilities imposed on that other authority in consequence of the order or of any previous order made under this section;

(b) to the highway authority by any other highway authority in respect of any liabilities so imposed on the first-mentioned authority that would otherwise have fallen to be discharged by that other authority;

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

Metropolitan roads

General provision as to metropolitan roads

15

Special roads

General provision as to special roads

16

(1) Subject to the provisions of this Act, all such highways or proposed highways as immediately before the commencement of this Act were special roads, as being highways or proposed highways provided, or to be provided, in pursuance of a scheme made, or having effect as if made, under section 11 of the Highways Act 1959 (which section is replaced by subsections (3) to (10) below), continue to be, and to be known as, special roads.

(2) Roads that continue to be special roads by virtue of subsection (1) above continue, subject to the provisions of this Act, to be special roads for the use of traffic of the classes for the use of which they were special roads immediately before the commencement of this Act.

(3) A highway authority may be authorised by means of a scheme under this section to provide, along a route prescribed by the scheme, a special road for the use of traffic of any class prescribed thereby.

(3A) Subsection (3) is subject to section 33(4) of the Planning Act 2008 (exclusion of powers to make or confirm schemes in relation to highways for which development consent required) and section 20(3) of the Infrastructure (Wales) Act 2024 (exclusion of powers to make or confirm orders in relation to highways for which infrastructure consent required).

(4) A reference in this Act to a special road authority is a reference to—

(a) except where paragraph (b) or (c) applies, a highway authority authorised to provide a special road by means of—

(i) a scheme under this section, or

(ii) a scheme referred to in subsection (1);

(b) except where paragraph (c) applies, the highway authority determined to be the special road authority by a jointly submitted scheme under subsection (10);

(c) a strategic highways company, where the company is the highway authority for a special road by virtue of an appointment under Part 1 of the Infrastructure Act 2015.

(5) A special road authorised by a scheme under this section may be provided—

(a) by means of the construction by the special road authority of a new highway along the route prescribed by the scheme or any part thereof;

(b) by means of the appropriation under subsequent provisions in that behalf of this Part of this Act of a highway comprised in that route for which the special road authority are the highway authority;

(c) by means of the transfer to the special road authority under subsequent provisions in that behalf of this Part of this Act of a highway comprised in that route for which they are not the highway authority.

(6) A scheme under this section authorising the provision of a special road shall—

(a) in the case of a road to be provided by the Minister, be made by the Minister; and

(b) in any other case of a road to be provided by a ... highway authority, be made by that authority and confirmed by the Minister.

(7) Parts II and III of Schedule 1 to this Act have effect as to the making of a scheme under this section; and Schedule 2 to this Act has effect as to the validity and date of operation of any such scheme.

(8) Before making or confirming a scheme under this section, the Minister shall give due consideration to the requirements of local and national planning, including the requirements of agriculture.

(9) If objection to a scheme under this section is duly made in accordance with Part II of the said Schedule 1 by the highway authority for a highway comprised in the route of the special road authorised by the scheme, and is not withdrawn, the scheme shall be subject to special parliamentary procedure.

(10) A scheme under this section may be submitted to the Minister jointly by any two or more ... highway authorities, and any such scheme may determine which of those authorities shall be the special road authority for the special road or any part thereof, and may provide—

(a) for the performance by that authority, in relation to the road or that part thereof, of any of the highway functions of any other authority who are party to the application, and

(b) for the making of contributions by that other authority to the special road authority in respect of expenditure incurred in the performance of those functions;

and in relation to a special road provided or to be provided in pursuance of such a scheme, or any part of such a road ....

Classification of traffic for purposes of special roads

17

(1) Different classes of traffic may be prescribed by a scheme under section 16 above in relation to different parts of the special road to which the scheme relates.

(2) The classes of traffic prescribed by any such scheme shall be prescribed by reference to the classes set out in Schedule 4 to this Act.

(3) The Minister of Transport may by order amend the said Schedule 4 by varying the composition of any class of traffic specified therein or adding a further class of traffic to those so specified, . . .

(4) An amending order may contain provision applying the amendments made by the order to existing schemes (whether made by the Minister or a local highway authority); and in the absence of such provision an amending order does not affect the classes of traffic prescribed in an existing scheme.

In this subsection an “existing scheme” means a scheme under section 16 made before the order comes into operation.

Supplementary orders relating to special roads

18

(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;

(i) to stop up, divert, improve, raise, lower or otherwise alter a highway that crosses or enters the route of the special road or is or will be otherwise affected by the construction or improvement of the special road;

(ii) to construct a new highway for purposes connected with any such alteration as aforesaid or for any other purpose connected with the special road or its construction, and to close after such period as may be specified in the order any new highway so constructed for temporary purposes;

(d) for transferring to such highway authority as may be specified in the order, as from such date as may be so specified, a highway constructed by the special road authority in pursuance of the order or any previous order made under this section;

(e) for authorising or requiring the special road authority to exercise, either concurrently with or to the exclusion of any local authority, any functions which, apart from the order, would be exercisable by that local authority in relation to the special road other than functions of that authority as local planning authority;

(f) for any other purpose incidental to the purposes aforesaid or otherwise incidental to the construction or maintenance of, or other dealing with, the special road.

(1A) Subsection (1) is subject to section 33(4) of the Planning Act 2008 (exclusion of powers to make or confirm orders in relation to highways for which development consent required) and section 20(3) of the Infrastructure (Wales) Act 2024 (exclusion of powers to make or confirm orders in relation to highways for which infrastructure consent required).

(2) The provision that may be made pursuant to subsection (1)(f) above in an order under this section that provides for the stopping up or diversion of a highway, includes provision for the preservation of any rights—

(a) of statutory undertakers in respect of any apparatus of theirs which immediately before the date of the order is under, in, on, over, along or across the highway to be stopped up or diverted; . . .

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) An order under this section making provision in connection with a special road shall—

(a) in the case of a special road provided or to be provided by the Minister be made by the Minister; and

(b) in any other case of a special road provided or to be provided by a ... highway authority, be made by that authority and confirmed by the Minister.

(4) Parts I and III of Schedule 1 to this Act have effect as to the making of an order under this section; and Schedule 2 to this Act has effect as to the validity and date of operation of any such order.

(5) Subject to subsection (4) above, an order under this section may come into operation on the same day as the scheme authorising the special road to which it relates.

(6) No order providing for the appropriation by or transfer to a special road authority of a highway comprised in the route prescribed by the scheme authorising the special road shall be made or confirmed by the Minister under this section unless either—

(a) he is satisfied that another reasonably convenient route is available for traffic other than traffic of the class authorised by the scheme, or will be provided before the date on which the appropriation or transfer takes effect, or

(b) he is satisfied that no such other route is reasonably required for any such other traffic;

and no order authorising the stopping up of a highway shall be made or confirmed by the Minister under this section unless he is satisfied that another reasonably convenient route is available or will be provided before the highway is stopped up.

(7) An order under this section may provide for the payment of contributions—

(a) by a special road authority to any other highway authority in respect of any additional liabilities imposed on that other authority in consequence of the provisions of the order or of any previous order made under this section,

(b) to a special road authority by any other authority in respect of any liabilities so imposed on the special road authority that would otherwise have fallen to be discharged by the other authority,

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

(8) In this section “local authority” means . . . the Common Council and the council of a county, district, London borough, parish or community, and includes the parish meeting of a . . . parish not having a separate parish council.

Certain special roads and other highways to become trunk roads

19

(1) A special road to be provided by the Ministeror a strategic highways company in pursuance of a scheme under section 16 above shall, except so far as it is provided by means of the appropriation or transfer of a highway, become a trunk road on such date as may be specified in the scheme.

(2) A highway (not being a trunk road) which, by means of an order under section 18 above, is appropriated as, or as part of, a special road to be provided by the Ministeror a strategic highways company, and a highway which, by means of such an order, is transferred to the Ministeror a strategic highways company, shall become a trunk road on the date on which it is so appropriated or is so transferred, as the case may be.

(3) Subsections (1) and (2) above have effect subject to any provision of the scheme under section 16 directing that the special road in question or any part of it shall not be a trunk road.

Any such provision does not affect the power of the Minister to make an order under section 10(2)(a) with respect to the special road or part.

Restriction on laying of apparatus etc. in special roads

20

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

Extinguishment of rights of statutory undertakers as to apparatus etc. in connection with orders under section 14 or 18 and schemes under section 16

21

(1) . . . sections 271 to 274 of the Town and Country Planning Act 1990, (power to extinguish rights of statutory undertakers and power of statutory undertakers to remove or re-site apparatus) apply in relation to any land specified in subsection (2) below as they apply in relation to land acquired by a Minister, a local authority or statutory undertakers under Part IX of that Act, or under any other enactment, or appropriated by a local authority for planning purposes; and all such other provisions of that Act as apply for the purposes of those provisions (including sections 279(2) to (4), 280 and 282, which provide for the payment of compensation, and sections 275 to 278 which contain provisions consequential on the extinguishment of any rights under section 271 or 272) shall have effect accordingly.

(2) The land referred to in subsection (1) above is—

(a) land acquired or appropriated by a special road authority for the purposes of carrying out any works in pursuance of a scheme under section 16 above or an order under section 18 above;

(b) land forming the site of any part of a highway which is appropriated by or transferred to a special road authority by means of an order under section 18 above;

(c) land over which there subsists or has subsisted a highway the stopping up or diversion of which is or was authorised by an order under section 14 or 18 above.

(3) The provisions of the said Act of 1990 referred to in subsection (1) above have effect, as applied for the purposes of this section—

(a) in relation to any such land as is referred to in subsection (2)(a) or (b) above, subject to the modifications set out in Part I of Schedule 5 to this Act, and

(b) in relation to any such land as is referred to in subsection (2)(c) above, subject to the modifications set out in Part II of that Schedule.

(4) Where any apparatus of public utility undertakers is removed in pursuance of a notice or order given or made under section 271, 272, or 273 of the said Act 1990, as applied for the purposes of this section in relation to any such land as is specified in paragraph (a) or (b) of subsection (2) above, any person who is the owner or occupier of premises to which a supply was given from that apparatus shall be entitled to recover from the special road authority compensation in respect of expenditure reasonably incurred by him, in consequence of the removal, for the purpose of effecting a connection between the premises and any other apparatus from which a supply is given.

(4A) Subsection (4) above shall not apply in the case of the removal of a public sewer but where such a sewer is removed in pursuance of such a notice or order as is mentioned in that subsection, any person who is—

(a) the owner or occupier of premises the drains of which communicated with that sewer; or

(b) the owner of a private sewer which communicated with that sewer,

is entitled to recover from the special road authority compensation in respect of expenditure reasonably incurred by him, in consequence of the removal, for the purpose of making his drain or sewer communicate with any other public sewer or with a private sewage disposal plant.

(5) In this section “owner”, in relation to any premises, means a person, other than a mortgagee not in possession, who is for the time being entitled to dispose of the fee simple in the premises, whether in possession or in reversion, and includes also a person holding or entitled to the rents and profits of the premises under a lease the unexpired term of which exceeds three years.

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

22

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

23

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

Part III — Creation of Highways

Construction of new highways and provision of road-ferries

24

(1) The Ministeror a strategic highways company may... construct new highways; but where heor it proposes to construct a new highway other than—

(a) a trunk road,

(b) a special road,

(c) a highway the construction of which is authorised by an order relating to a trunk road under section 14 above or an order under section 18 above, or

(d) a highway to be constructed for purposes connected with any function exercisable by himor it under an agreement made under section 4 above,

heor it shall give notice of hisor its proposals to, and consider any representations by, every council through whose area the highway will pass.

(1A) Where a strategic highways company proposes to construct a highway which will communicate with a highway for which another strategic highways company is the highway authority, the communication shall not be made unless the manner in which it is to be made has been approved by the Secretary of State.

(2) A local highway authority may construct new highways; but—

(a) where a new highway to be constructed by such an authority will communicate with a highway for which the Ministeror a strategic highways company is the highway authority;. . .

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

the communication shall not be made unless the manner in which it is to be made has been approved by the Ministeror the company. . .

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) The Minister or a local highway authority may provide and maintain new road-ferries.

Creation of footpath or bridleway by agreement

25

(1) A local authority may enter into an agreement with any person having the necessary power in that behalf for the dedication by that person of a footpath , bridleway or restricted byway over land in their area.

An agreement under this section is referred to in this Act as a “public path creation agreement”.

(2) For the purposes of this section “local authority”—

(a) in relation to land outside Greater London means a county council, a district council . . .; and

(b) in relation to land in Greater London means . . . a London borough council or the Common Council.

(3) Before entering into an agreement under this section a local authority shall consult any other local authority or authorities in whose area the land concerned is situated.

(4) An agreement under this section shall be on such terms as to payment or otherwise as may be specified in the agreement and may, if it is so agreed, provide for the dedication of the footpath , bridleway or restricted byway subject to limitations or conditions affecting the public right of way over it.

(5) Where a public path creation agreement has been made it shall be the duty of the local authority who are a party to it to take all necessary steps for securing that the footpath , bridleway or restricted byway is dedicated in accordance with it.

(6) As soon as may be after the dedication of a footpath , bridleway or restricted byway in accordance with a public path creation agreement, the local authority who are party to the agreement shall give notice of the dedication by publication in at least one local newspaper circulating in the area in which the land to which the agreement relates is situated.

Compulsory powers for creation of footpaths and bridleways

26

(1) Where it appears to a local authorityor a strategic highways company that there is need for a footpath bridleway or restricted byway over land in their area and they are satisfied that, having regard to—

(a) the extent to which the path or way would add to the convenience or enjoyment of a substantial section of the public, or to the convenience of persons resident in the area, and

(b) the effect which the creation of the path or way would have on the rights of persons interested in the land, account being taken of the provisions as to compensation contained in section 28 below,

it is expedient that the path or way should be created, the authorityor company may by order made by themor it and submitted to and confirmed by the Secretary of State, or confirmed by themor it as an unopposed order, create a footpath bridleway or restricted byway over the land.

An order under this section is referred to in this Act as a “public path creation order”; and for the purposes of this section “local authority” has the same meaning as in section 25 above.

(2) Where it appears to the Secretary of State in a particular case that there is need for a footpath bridleway or restricted byway as mentioned in subsection (1) above, and he is satisfied as mentioned in that subsection, he may, after consultation with each body which is a local authority for the purposes of this section in relation to the land concerned, make a public path creation order creating the footpath bridleway or restricted byway.

(3) A local authorityand a strategic highways company shall, before exercising any power under this section, consult any ... local authority or authorities in whose area the land concerned is situated.

(3A) The considerations to which—

(a) the Secretary of State is to have regard in determining whether or not to confirm or make a public path creation order, and

(b) a local authorityand a strategic highways company are to have regard in determining whether or not to confirm such an order as an unopposed order,

include any material provision of a rights of way improvement plan prepared by any local highway authority whose area includes land over which the proposed footpath bridleway or restricted byway would be created.

(4) A right of way created by a public path creation order may be either unconditional or subject to such limitations or conditions as may be specified in the order.

(5) A public path creation order shall be in such form as may be prescribed by regulations made by the Secretary of State, and shall contain a map, on such scale as may be so prescribed, defining the land over which a footpath bridleway or restricted byway is thereby created.

(6) Schedule 6 to this Act shall have effect as to the making, confirmation, validity and date of operation of public path creation orders.

Making up of new footpaths and bridleways

27

(1) On the dedication of a footpath , bridleway or restricted byway in pursuance of a public path creation agreement, or on the coming into operation of a public path creation order, being—

(a) an agreement or order made by a local authority who are not the highway authority for the path in question, or

(b) an order made by the Secretary of State under section 26(2) above in relation to which he directs that this subsection shall apply,

the highway authority shall survey the path or way and shall certify what work (if any) appears to them to be necessary to bring it into a fit condition for use by the public as a footpath , bridleway or restricted byway, as the case may be, and shall serve a copy of the certificate on the local authority mentioned in paragraph (a) above or, where paragraph (b) applies, on such local authority as the Secretary of State may direct.

(2) It shall be the duty of the highway authority to carry out any works specified in a certificate under subsection (1) above, and where the authority have carried out the work they may recover from the authority on whom a copy of the certificate was served any expenses reasonably incurred by them in carrying out that work, including any expenses so incurred in the discharge of any liability for compensation in respect of the carrying out thereof.

(3) Notwithstanding anything in the preceding provisions of this section, where an agreement or order is made as mentioned in subsection (1)(a) above, the local authority making the agreement or order may—

(a) with the consent of the highway authority carry out (in place of the highway authority) the duties imposed by that subsection on the highway authority; and

(b) carry out any works which, apart from this subsection, it would be the duty of the highway authority to carry out under subsection (2) above.

(4) Where the Secretary of State makes a public path creation order under section 26(2) above, he may direct that subsection (5) below shall apply.

(5) Where the Secretary of State gives such a direction—

(a) the local authority who, on the coming into force of the order, became the highway authority for the path or way in question shall survey the path or way and shall certify what work (if any) appears to them to be necessary to bring it into a fit condition for use by the public as a footpath , bridleway or restricted byway, as the case may be, and shall furnish the Secretary of State with a copy of the certificate;

(b) if the Secretary of State is not satisfied with a certificate made under the foregoing paragraph, he shall either cause a local inquiry to be held or shall give to the local authority an opportunity of being heard by a person appointed by him for the purpose and, after considering the report of the person appointed to hold the inquiry or the person so appointed as aforesaid, shall make such order either confirming or varying the certificate as he may think fit; and

(c) subject to the provisions of the last foregoing paragraphs, it shall be the duty of the highway authority to carry out the work specified in a certificate made by them under paragraph (a) above.

(6) In this section “local authority” means any council . . ..

Compensation for loss caused by public path creation order

28

(1) Subject to the following provisions of this section, if, on a claim made in accordance with this section, it is shown that the value of an interest of a person in land is depreciated, or that a person has suffered damage by being disturbed in his enjoyment of land, in consequence of the coming into operation of a public path creation order, the authority by whom the order was made shall pay to that person compensation equal to the amount of the depreciation or damage.

(2) A claim for compensation under this section shall be made within such time and in such manner as may be prescribed by regulations made by the Secretary of State, and shall be made to the authority by whom the order was made.

(3) For the purposes of the application of this section to an order made by the Secretary of State under section 26(2) above, references in this section to the authority by whom the order was made are to be construed as references to such one of the authorities referred to in that subsection as may be nominated by the Secretary of State for the purposes of this subsection.

(4) Nothing in this section confers on any person, in respect of a footpath , bridleway or restricted byway created by a public path creation order, a right to compensation for depreciation of the value of an interest in the land, or for disturbance in his enjoyment of land, not being in either case land over which the path or way was created or land held therewith, unless the creation of the path or way would have been actionable at his suit if it had been affected otherwise than in the exercise of statutory powers.

(5) In this section “interest”, in relation to land, includes any estate in land and any right over land, whether the right is exercisable by virtue of the ownership of an interest in land or by virtue of a licence or agreement, and in particular includes sporting rights.

Protection for agriculture and forestry

29

(1) In the exercise of their functions under this Part of this Act relating to the making of public path creation agreements and public path creation orders it shall be the duty of councils to have due regard to—

(a) the needs of agriculture and forestry, and

(b) the desirability of conserving flora, fauna and geological and physiographical features.

(2) In this section, “agriculture” includes the breeding or keeping of horses.

Dedication of highway by agreement with parish or community council

30

(1) The council of a parish or community may enter into an agreement with any person having the necessary power in that behalf for the dedication by that person of a highway over land in the parish or community or an adjoining parish or community in any case where such a dedication would in the opinion of the council be beneficial to the inhabitants of the parish or community or any part thereof.

(2) Where the council of a parish or community have entered into an agreement under subsection (1) above for the dedication of a highway they may carry out any works (including works of maintenance or improvement) incidental to or consequential on the making of the agreement or contribute towards the expense of carrying out such works, and may agree or combine with the council of any other parish or community to carry out such works or to make such a contribution.

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

31

(1) Where a way over any land, other than a way of such a character that use of it by the public could not give rise at common law to any presumption of dedication, has been actually enjoyed by the public as of right and without interruption for a full period of 20 years, the way is to be deemed to have been dedicated as a highway unless there is sufficient evidence that there was no intention during that period to dedicate it.

(1A) Subsection (1)—

(a) is subject to section 66 of the Natural Environment and Rural Communities Act 2006 (dedication by virtue of use for mechanically propelled vehicles no longer possible), but

(b) applies in relation to the dedication of a restricted byway by virtue of use for non-mechanically propelled vehicles as it applies in relation to the dedication of any other description of highway which does not include a public right of way for mechanically propelled vehicles.

(2) The period of 20 years referred to in subsection (1) above is to be calculated retrospectively from the date when the right of the public to use the way is brought into question, whether by a notice such as is mentioned in subsection (3) below or otherwise.

(3) Where the owner of the land over which any such way as aforesaid passes—

(a) has erected in such manner as to be visible to persons using the way a notice inconsistent with the dedication of the way as a highway, and

(b) has maintained the notice after the 1st January 1934, or any later date on which it was erected,

the notice, in the absence of proof of a contrary intention, is sufficient evidence to negative the intention to dedicate the way as a highway.

(4) In the case of land in the possession of a tenant for a term of years, or from year to year, any person for the time being entitled in reversion to the land shall, notwithstanding the existence of the tenancy, have the right to place and maintain such a notice as is mentioned in subsection (3) above, so, however, that no injury is done thereby to the business or occupation of the tenant.

(5) Where a notice erected as mentioned in subsection (3) above is subsequently torn down or defaced, a notice given by the owner of the land to the appropriate council that the way is not dedicated as a highway is, in the absence of proof of a contrary intention, sufficient evidence to negative the intention of the owner of the land to dedicate the way as a highway.

(6) An owner of land may at any time deposit with the appropriate council—

(a) a map of the land ..., and

(b) a statement indicating what ways (if any) over the land he admits to have been dedicated as highways;

and, in any case in which such a deposit has been made, ... declarationsin valid form made by that owner or by his successors in title and lodged by him or them with the appropriate council at any time—

(i) within the relevant number of years from the date of the deposit, or

(ii) within the relevant number of years from the date on which any previous declaration was last lodged under this section.

to the effect that no additional way (other than any specifically indicated in the declaration) over the land delineated on the said map has been dedicated as a highway since the date of the deposit, or since the date of the lodgment of such previous declaration, as the case may be, are, in the absence of proof of a contrary intention, sufficient evidence to negative the intention of the owner or his successors in title to dedicate any such additional way as a highway.

(6A) Where the land is in England—

(a) a map deposited under subsection (6)(a) and a statement deposited under subsection (6)(b) must be in the prescribed form,

(b) a declaration is in valid form for the purposes of subsection (6) if it is in the prescribed form, and

(6B) Where the land is in Wales—

(a) a map deposited under subsection (6)(a) must be on a scale of not less than 6 inches to 1 mile,

(b) a declaration is in valid form for the purposes of subsection (6) if it is a statutory declaration, and

(6C) Where, under subsection (6), an owner of land in England deposits a map and statement or lodges a declaration, the appropriate council must take the prescribed steps in relation to the map and statement or (as the case may be) the declaration and do so in the prescribed manner and within the prescribed period (if any).

(7) For the purposes of the foregoing provisions of this section “owner”, in relation to any land, means a person who is for the time being entitled to dispose of the fee simple in the land; and for the purposes of subsections (5) , (6), (6C) and (13) “the appropriate council” means the council of the county , metropolitan district or London borough in which the way (in the case of subsection (5)) or the land (in the case of subsections (6), (6C) and (13)) is situated or, where the way or land is situated in the City, the Common Council.

(7A) Subsection (7B) applies where the matter bringing the right of the public to use a way into question is an application under section 53(5) of the Wildlife and Countryside Act 1981 for an order making modifications so as to show the right on the definitive map and statement.

(7B) The date mentioned in subsection (2) is to be treated as being the date on which the application is made in accordance with paragraph 1 of Schedule 14 to the 1981 Act.

(8) Nothing in this section affects any incapacity of a corporation or other body or person in possession of land for public or statutory purposes to dedicate a way over that land as a highway if the existence of a highway would be incompatible with those purposes.

(9) Nothing in this section operates to prevent the dedication of a way as a highway being presumed on proof of user for any less period than 20 years, or being presumed or proved in any circumstances in which it might have been presumed or proved immediately before the commencement of this Act.

(10) Nothing in this section or section 32 below affects section 56(1) of the Wildlife and Countryside Act 1981 (which provides that a definitive map and statement are conclusive evidence as to the existence of the highways shown on the map and as to certain particulars contained in the statement),. . .

(10A) Nothing in subsection (1A) affects the obligations of the highway authority, or of any other person, as respects the maintenance of a way.

(11) For the purposes of this section “land” includes land covered with water.

(12) For the purposes of subsection (1A) “ mechanically propelled vehicle ” does not include a vehicle falling within section 189(1)(c) of the Road Traffic Act 1988 (electrically assisted pedal cycle).

(13) The Secretary of State may make regulations for the purposes of the application of subsection (6) to land in England which make provision—

(a) for a statement or declaration required for the purposes of subsection (6) to be combined with a statement required for the purposes of section 15A of the Commons Act 2006;

(b) as to the fees payable in relation to the depositing of a map and statement or the lodging of a declaration (including provision for a fee payable under the regulations to be determined by the appropriate council).

(14) For the purposes of the application of this section to land in England “ prescribed ” means prescribed in regulations made by the Secretary of State.

(15) Regulations under this section made by the Secretary of State may make—

(a) such transitional or saving provision as the Secretary of State considers appropriate;

(b) different provision for different purposes or areas.

Evidence of dedication of way as highway

32

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

33

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

34

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

Creation of walkways by agreement

35

(1) An agreement under this section may be entered into—

(a) by a local highway authority, after consultation with the council of any non-metropolitan district in which the land concerned is situated;

(b) by a non-metropolitan district council, either alone or jointly with the local highway authority, after consultation with the local highway authority.

(2) An agreement under this section is an agreement with any person having an interest in any land on which a building is, or is proposed to be, situated, being a person who by virtue of that interest has the necessary power in that behalf,—

(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”.

(3) An agreement under this section may make provision for—

(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;

(d) entitling the authority entering into the agreement or, where the agreement is entered into jointly by a 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 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.

(4) Any covenant (whether positive or restrictive) contained in an agreement under this section and entered into by a person having an interest in any land affected by the agreement shall be binding upon persons deriving title to the land under the covenantor to the same extent as it is binding upon the covenantor notwithstanding that it would not have been binding upon those persons apart from the provisions of this subsection, and shall be enforceable against those persons by the local highway authority.

(5) A covenant contained in an agreement under this section and entered into by a person having an interest in any land affected by the agreement is a local land charge.

(6) Where an agreement has been entered into under this section the appropriate authority may make byelaws regulating—

(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;

(7) For the purposes of subsection (6) above, “the appropriate authority” means—

(a) where the agreement was entered into by a local highway authority, that authority;

(b) where the agreement was entered into by a non-metropolitan district council alone, that council;

(c) where the agreement was entered into by a non-metropolitan district council jointly with the local highway authority, the local highway authority;

but in cases falling within paragraph (c) above the local highway authority shall before making any byelaw consult the district council, and in exercisng his power of confirmation the Minister shall have regard to any dispute between the local highway authority and the district council.

(8) Not less than 2 months before an authority propose to make byelaws under subsection (6) above they shall display in a conspicuous position on or adjacent to the walkway in question notice of their intention to make such byelaws.

(9) A notice under subsection (8) above shall specify the place where a copy of the proposed byelaws may be inspected and the period, which shall not be less than 6 weeks from the date on which the notice was first displayed as aforesaid, within which representations may be made to the authority, and the authority shall consider any representations made to them within that period.

(10) The Minister of the Crown having power by virtue of section 236 of the Local Government Act 1972 to confirm byelaws made under subsection (6) above may confirm them with or without modifications; and if he proposes to confirm them with modifications he may, before confirming them, direct the authority by whom they were made to give notice of the proposed modifications to such persons and in such manner as may be specified in the direction.

(11) Subject to subsection (12) below, the Minister, after consulting such representative organisations as he thinks fit, may make regulations—

(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, . . . . . . and the operators of 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.

(12) Regulations under this section shall not exclude the rights of statutory undertakers, . . . . . . or the operators of electronic communications code networks to place and maintain apparatus in, under, along or across any part of a walkway, being a part which is not supported by any structure.

(13) Without prejudice to subsection (11) above, regulations under this section may make different provisions for different classes of walkways and may include such incidental, supplemental and consequential provisions (and, in particular, provisions relating to walkways provided in pursuance of agreements made before the coming into operation of the regulations) as appear to the Minister to be expedient for the purposes of the regulations.

(14) Nothing in this section is to be taken as affecting any other provision of this Act, or any other enactment, by virtue of which highways may be created.

Part IV — Maintenance of Highways

Highways maintainable at public expense

36

(1) All such highways as immediately before the commencment of this Act were highways maintainable at the public expense for the purposes of the 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.

(2) Without prejudice to any other enactment (whether contained in this Act or not) whereby a highway may become for the purposes of this Act a highway maintainable at the public expense, and subject to this section and section 232(7) below, and to any order of a magistrates’ court under section 47 below, the following highways (not falling within subsection (1) above) shall for the purposes of this Act be highways maintainable at the public expense—

(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 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 the said Part II, being, in the latter case, a highway the liability to maintain which is, by virtue of the said Part II, vested in the council who are the local highway authority for the area in which the highway is situated;

(d) a highway, being a footpath , bridleway or restricted byway, 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 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.

(e) a highway, being a footpath , bridleway or restricted byway, 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.

(f) 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.

(3) Paragraph (c) of subsection (2) above is not to be construed as referring to a part of a trunk road or special road consisting of a bridge or other part which a person is liable to maintain under a charter or special enactment, or by reason of tenure, enclosure or prescription.

(3A) Paragraph (e) of subsection (2) above shall not apply to a footpath , bridleway or restricted byway, or to any part of a footpath , bridleway or restricted byway, which by virtue of an order of a kind referred to in that subsection is maintainable otherwise than at the public expense.

(4) Subject to subsection (5) below, where there occurs any event on the occurrence of which, under any rule of law relating to the duty of maintaining a highway by reason of tenure, enclosure or prescription, a highway would, but for the enactment which abrogated the former rule of law under which a duty of maintaining highways fell on the inhabitants at large (section 38(1) of the Highways Act 1959) or any other enactment, become, or cease to be, maintainable by the inhabitants at large of any area, the highway shall become, or cease to be, a highway which for the purposes of this Act is a highway maintainable at the public expense.

(5) A highway shall not by virtue of subsection (4) above become a highway which for the purposes of this Act is a highway maintainable at the public expense unless either—

(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;

and a highway shall not by virtue of that subsection cease to be a highway maintainable at the public expense if it is a highway which under any rule of law would become a highway maintainable by reason of enclosure but is prevented from becoming such a highway by section 51 below.

(6) The council of every county , metropolitan district and London borough and the Common Council shall cause to be made, and shall keep corrected up to date, a list of the streets within their area which are highways maintainable at the public expense.

(7) Every list made under subsection (6) above shall be kept deposited at the offices of the council by whom it was made and may be inspected by any person free of charge at all reasonable hours and in the case of a list made by the council of a county in England, the county council shall supply to the council of each district in the county an up to date list of the streets within the area of the district that are highways maintainable at the public expense, and the list so supplied shall be kept deposited at the office of the district council and may be inspected by any person free of charge at all reasonable hours.

Methods whereby highways may become maintainable at public expense

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

37

(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.

(2) If the council consider that the proposed highway will not be of sufficient utility to the public to justify its being maintained at the public expense, they may make a complaint to a magistrates’ court for an order to that effect.

(3) If the council certify that the way has been dedicated in accordance with the terms of the notice and has been made up in a satisfactory manner, and if—

(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,

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