Highways Act 1980

Part I — Highway Authorities and Agreements Between Authorities

Highway authorities

Compensation for loss caused by public path creation order.

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• (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;

• (c) any highway (not falling within paragraph (a) above) transferred to him by an order under section 14 or 18 below;

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

• (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;

• (c) any special road provided by the company;

• (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.

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• (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

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• (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.

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• (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

• (c) that any such works shall be completed to the satisfaction of the Minister or a strategic highways company .

• (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.

• (c) with respect to a trunk road or land in Wales but outside the area—

• (i) of the responsible council; and

• (ii) of the contracting council,

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

• (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.

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Saving for minerals etc.

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• (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.