Highways Act 1980

• (a) if the works or services have been completed before the day on which the highway becomes a trunk road but the price or payment, or any part thereof, has not accrued due before that day, the Ministeror a strategic highways company may recover from the authority or council the price or payment, or part thereof, as the case may be; and

• (b) if the works or services have not been completed before the said day, the value of any works executed, or services rendered, before that day, shall be ascertained, regard being had to the terms of the contract, and the Ministeror a strategic highways company may recover from the authority or council the amount of the said value less any sum paid by the authority or council in pursuance of the contract, and if the authority or council have paid in pursuance of the contract a sum greater than the amount of the said value, the Ministeror a strategic highways company shall repay the excess to the authority or council.

5

Where, before the day on which a highway becomes a trunk road, the former highway authority or any council having functions in relation to the highway under any enactment to which section 265 of this Act applies have been themselves executing works in connection with the construction, maintenance or improvement of, or other dealing with, the highway, but have not completed the works before that day, the Minister shall, if required to do so by the authority or council, purchase all unused materials necessarily acquired by the authority or council for the purpose of the works and hire from the authority or council all plant so acquired which is still necessary for the purpose of the works.

6

In calculating—

• (a) the amount of any sum to be recovered or paid by the Ministeror a strategic highways company under paragraph 4 above, or

• (b) the price of the materials to be purchased, or the hire of plant to be hired, by the Ministeror the company under paragraph 5 above,

account shall be taken of any grant paid or payable by the Ministeror the company to the authority or council for the purpose of the works or services.

7

If any dispute arises under paragraph 4, 5 or 6 above as to the materials to be purchased, or the plant to be hired, by the Ministeror a strategic highways company from any authority or council, or as to the sums to be paid by any authority or council to the Ministeror the company, or by the Ministeror the company to any authority or council, it shall be determined by arbitration.

8

All proceedings, legal or other, begun before the day on which a highway becomes a trunk road and relating to any property or liabilities transferred to the Ministeror a strategic highways company in respect of that highway, may be carried on with the substitution of the Ministeror the company as party to the proceedings, in lieu of the authority or council from whom the property or liabilities was or were transferred, and any such proceedings may be amended in such manner as may be necessary for that purpose.

9

The provisions of this Schedule, except paragraph 2, apply in a case where a trunk road ceases to be a trunk road in like manner as they apply where a highway becomes a trunk road, with the substitution, for the references to the former highway authority and to a council, of references to the Ministeror a strategic highways company, and, for references to the Ministeror the company, of references to the council who become the highway authority for the road or, as far as relates to functions under any enactment to which section 265 of this Act applies and to property and liabilities vested in or incurred by the Ministeror the company for the purposes of those functions, to the council who are to exercise those functions in relation to the road.

SCHEDULE 22

Provisions contained in Part IV

1

Provisions contained in Part IV

Provisions contained in Part V

2

Provisions contained in Part V

Provisions contained in Part IX

3

Provisions contained in Part IX

Provisions contained in Part X

4

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Provisions contained in Part XI

5

Provisions contained in Part XI

Provisions contained in Part XII

6

Provisions contained in Part XII

Provisions contained in Part XIV

7

Provisions contained in Part XIV

SCHEDULE 23

Delegation of functions

1

Section 6(1). . . of this Act shall have effect in relation to land acquired by a Minister in connection with a trunk road. . . under subsection (5) or (6) of section 214 of the Highways Act 1959 (or. . . under so much of section 13 of the Restriction of Ribbon Development Act 1935 as is re-enacted in those subsections) as it has in relation to land so acquired under section 246 of this Act (or, by virtue of paragraph 17 below, under section 22 of the Land Compensation Act 1973).

Trunk roads and related roads

2

Section 11(1) of this Act applies to a highway which at the commencement of this Act is a trunk road as it applies to a highway which becomes a trunk road after the said commencement.

3

• (1) The provisions of this Act (except section 19) and of paragraph 5 of Schedule 5 to the Town and Country Planning Act 1971 apply in relation to the trunk roads described in sub-paragraph (2) below, which are trunk roads by virtue of orders made under section 1 of the Trunk Roads Act 1946, as if they were special roads provided by the Minister in pursuance of schemes made under section 16 of this Act for the use of traffic of the classes specified in the third column of the table in sub-paragraph (2) below.

• (2) The trunk roads referred to in sub-paragraph (1) above are the trunk roads for which provision was made by the orders specified in the first column of the following table (referred to below as “the original orders”), as those roads are now constituted, having regard to any orders or schemes varying the original orders:

Original order	Description of Road	Class of Traffic (as described in Schedule 4)
S.R. & O. 1947, No. 2248.	Stevenage By-Pass, part of A1(M) motorway.	Classes I and II.
S.R. & O. 1947, No. 1562.	Severn Bridge and adjoining sections of M4 motorway.	For main carriageways: Classes I and II. For cycle track on Severn Bridge: Classes VII, X and XI. For footway on Severn Bridge: Class IX.
S.I. 1948, No. 924.	Haysgate to Crick, part of M4 motorway.	Classes I and II.
S.I. 1948, No. 62.	Newport By-Pass, part of M4 motorway.	Classes I and II.
S.I. 1949, No. 2360.	Twyning to Lydiate Ash, part of M5 motorway.	Classes I and II.
S.I. 1949, No. 2459.	Port Talbot By-Pass, part of M4 motorway.	Classes I and II.

• (3) Without prejudice to the generality of sub-paragraph (1) above, the power (under section 14 of the Interpretation Act 1978) to revoke or amend schemes under section 16 of this Act includes power to revoke or amend any of the original orders and to amend the provisions of the third column of the table in sub-paragraph (2) above.

4

• (1) Any order under section 1(3) of the Trunk Roads Act 1936 (power to provide that a road superseding part of a trunk road should itself become a trunk road) continued in force by paragraph 29 of Schedule 24 to the Highways Act 1959, and still in force (whether or not varied under that paragraph) immediately before the commencement of this Act, continues in force and may be varied or revoked by a subsequent order made in the like manner and subject to the like provisions.

• (2) Schedule 2 to this Act has effect as to the validity and date of operation of an order made under this paragraph.

• (3) If an order under the said section 1(3) continued in force by sub-paragraph (1) above provides that on a date specified therein a route described therein is to become a trunk road and the order is revoked or varied by an order under this paragraph at any time before the route is opened for the purposes of through traffic, the revoking or varying order is not to be deemed for the purposes of section 2 of this Act to be an order directing that a trunk road is to cease to be a trunk road.

5

• (1) Any order under section 4 of the Trunk Roads Act 1946 (certain powers relating to side roads connected with trunk roads) continued in force by paragraph 30 of Schedule 24 to the Highways Act 1959 and still in force (whether or not varied under that paragraph) immediately before the commencement of this Act, continues in force and the provisions of subsections (1) to (3) of the said section 4 continue to apply to them as if that section had not been repealed.

• (2) Subject to sub-paragraph (3) below, an order under the said section 4 continued in force by sub-paragraph (1) above may be varied or revoked by a subsequent order made in the like manner and subject to the like provisions.

• (3) Parts I and III of Schedule 1 to this Act have effect as to the making of an order under this paragraph as they have effect as to the making of an order in relation to a trunk road under section 14 of this Act; and Schedule 2 to this Act has effect as to the validity and date of operation of an order under this paragraph.

• (4) Section 265 of this Act applies in relation to a highway for which any council become the highway authority by virtue of an order under the said section 4 or this paragraph as if it had previously been a trunk road.

Special roads

6

• (1) In schemes under section 11 of the Highways Act 1959 made before 30th June 1961 references to traffic in Class VII set out in Schedule 4 to that Act are to be construed as including references to traffic in Classes X and XI set out in Schedule 4 to this Act.

• (2) Sub-paragraph (1) above is without prejudice to the operation of sections 17(2)(a) and 23(3) of the Interpretation Act 1978 as respects the construction of references generally in such schemes as are referred to in that sub-paragraph, and without prejudice to the powers under section 14 of that Act and section 17(3) of this Act to amend such schemes and to amend Schedule 4 to this Act.

Vehicle crossings

7

• (1) If a person knowingly uses a grass verge or a footway as a crossing as mentioned in subsection (1) of section 155 of the Highways Act 1959 (carriage crossings across grass verges or kerbed footways) in contravention of any condition imposed under paragraph (c) of the said subsection (1) and in force immediately before the commencement of this Act, or knowingly permits it to be so used, he is (notwithstanding the repeal of the said section 155 by the Highways Act 1971) guilty of an offence and liable to a fine not exceeding £20.

• (2) As respects any expenses recoverable by a council under subsection (3) of the said section 155 and outstanding at the commencement of this Act, section 305 of this Act has effect as though they were incurred under a provision of this Act to which that section applies.

Maintenance of highways

8

Any question of liability for non-repair of a highway in respect of damage resulting from an event which occurred before 3rd August 1964 shall be determined in accordance with the former rule of law (abrogated by section 1 of the Highways (Miscellaneous Provisions) Act 1961) which exempted the inhabitants at large and any other persons as their successors from liability for non-repair of highways; and section 58 of this Act does not apply in relation to any such damage.

Cattle-grids etc.

9

• (1) Without prejudice to the application of this Act to any cattle-grid, works or by-pass provided, or deemed to have been provided, under the Highways Act 1959, sub-paragraphs (2) and (3) below have effect as respects—

• (a) any cattle-grid provided for a highway which consists of or comprises a carriageway,

• (b) any gate or other works on such a highway for use in connection with such a cattle-grid,

• (c) any by-pass for use in connection with such a cattle-grid, and

• (d) any gate or other works for the proper control of traffic passing over such a by-pass,

being a cattle-grid, works or by-pass provided before 28th July 1950, where application is made to the Minister for his approval thereof by the highway authority for the highway.

• (2) If, where such an application is made—

• (a) the Minister approves the cattle-grid, works or by-pass unconditionally, or

• (b) he gives his approval subject to conditions as to the carrying out of works, the conclusion of an agreement under section 88 of this Act or any other matter, and those conditions have been complied with,

then, as from the giving of the Minister’s approval unconditionally or, as the case may be, compliance with all conditions subject to which he gives his approval, the cattle-grid, works or by-pass are to be deemed to have been provided under this Act by the highway authority for whom the application for approval was made.

• (3) Where the Minister gives his approval of the cattle-grid, works or by-pass subject to conditions, the highway authority by whom the application for approval was made may carry out any work, or do any other thing, which is requisite for complying with the conditions; and in particular (but without prejudice to the foregoing provisions of this sub-paragraph) sections 85, 87 and 243 of this Act apply in relation to the exercise of the powers conferred by the foregoing provisions of this sub-paragraph as they apply in relation to the corresponding powers conferred by this Act.

New streets

10

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

11

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Private Street Works Code

12

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

• (a) before 1st January 1960 street works were executed under any of the relevant street works enactments with respect to part only of a private street, being a part consisting of the whole or part of a footway on one side only of the street, and those works were executed only by, or at the expense only of, the owners or occupiers of the premises fronting the footway or part of the footway, as the case may be; and

• (b) the street works authority resolve under section 205(1) of this Act to execute street works with respect to any part of the street constituting or comprising the whole or a part of the footway on the side of the street other than that in which street works were executed as mentioned in paragraph (a) above.

In this paragraph “the relevant street works enactments” means section 150 of the Public Health Act 1875, the Private Street Works Act 1892 and any local Act making provision corresponding to the provisions of that section or of the said Act of 1892.

• (2) In the circumstances mentioned in sub-paragraph (1) above, the expenses incurred by the authority in executing the works mentioned in sub-paragraph (1)(b) above with respect to the footway or part of the footway there mentioned shall (notwithstanding anything in section 205(1) or (2) of this Act but subject to the other provisions of the private street works code) be apportioned only between the premises fronting that footway or part, as the case may be, and references in Part XI of this Act to the premises liable to be charged with the expenses of street works under the private street works code are to be construed in accordance with this sub-paragraph.

• (3) References in this paragraph to a footway include references to any roadside waste, and to any channel by the side of a footway.

13

• (1) Subject to sub-paragraph (3) below, where a highway in existence on 16th December 1949 (the date of the coming into force of the National Parks and Access to the Countryside Act 1949, referred to below as “the 1949 Act”)—

• (a) was immediately before 1st January 1960 a highway repairable by the inhabitants at large by virtue only of section 47(1) of the 1949 Act (which extended to all public paths the then rule of law whereby a highway was repairable by the inhabitants at large), and

• (b) would, if the said section 47 had not been enacted, be a private street for the purposes of the private street works code,

the fact that the highway is a highway maintainable at the public expense by virtue of section 36(1) of this Act shall not prevent its being treated for the purposes of the private street works code as a private street.

This sub-paragraph does not apply to a highway in Greater London other than the outer London boroughs.

• (2) Subject to sub-paragraph (3) below, where a highway in existence on 3rd August 1968 (the date of the coming into force of the Countryside Act 1968) would, if paragraph 9(2)(a) of Schedule 3 to that Act (which provides that as from the date of publication of the definitive map and statement in a review carried out by an authority under Part III of that Schedule certain ways shown on the map are to be highways maintainable at the public expense) had not been enacted, be a private street, the fact that the highway is a highway so maintainable by virtue of the said paragraph 9(2) shall not prevent its being treated for the purposes of the private street works code as a private street.

• (3) Where the street works authority exercise the powers exercisable by them by virtue of sub-paragraph (1) or (2) above in relation to a highway or part of it, the sub-paragraph in question shall not thereafter apply to that highway or to that part, as the case may be, so as to enable the authority to exercise those powers in relation to it on any subsequent occasion.

Likewise, where before the commencement of this Act the street works authority exercised the powers exercisable by them by virtue of—

• (a) paragraph 24 of Schedule 24 to the Highways Act 1959 (from which sub-paragraph (1) above is derived) or section 50 of the 1949 Act (from which the said paragraph 24 was derived), or

• (b) section 76(1) of the Highways Act 1971 (from which sub-paragraph (2) above is derived),

in relation to a highway or part of it, sub-paragraph (1) or, as the case may be, (2) above shall not apply to that highway or part, as the case may be, so as to enable the authority to exercise the powers exercisable by virtue of sub-paragraph (1) or (2) above in relation to it.

Acquisition of land

14

• (1) Notwithstanding anything in section 1(2) of the Act of 1946 or in paragraph 9 of Schedule 1 to that Act, neither—

• (a) an order authorising a highway authority to acquire a right compulsorily as mentioned in section 242(3) of this Act, nor

• (b) an order made as mentioned in section 254(1) of this Act, or so made and confirmed,

is, where notice of the making or preparation in draft of the order was first published before the 6th April 1976, subject to special parliamentary procedure by reason only of its authorising the acquisition of any such right as is mentioned in the said section 242(3) or, as the case may be, the said section 254(1).

• (2) Sub-paragraph (1) above is without prejudice to the operation of section 120 of the Local Goverment, Planning and Land Act 1980 (which re-enacts with modifications section 41 of the Community Land Act 1975) in relation to any such order as is mentioned in that sub-paragraph where notice of the making or preparation in draft of the order was or is first published on or after 6th April 1976.

National Freight Corporation

15

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Continuing offences

16

Where an offence for the continuance of which a penalty was provided has been committed under any enactment repealed by this Act proceedings may be taken under this Act in respect of the continuance of the offence after the commencement of this Act in the like manner as if the offence had been committed under the corresponding provision of this Act.

General

17

Any reference in this Act (whether express or implied) to a thing done or required or authorised to be done, or omitted to be done, or to an event which has occurred, under or for the purposes of, or by reference to any provision of this Act includes, except where the context otherwise requires, a reference to the corresponding thing done or required or authorised to be done, or omitted, or to the corresponding event which occurred, as the case may be, under or for the purposes of or by reference to the corresponding enactment repealed by this Act.

18

Without prejudice to paragraph 17 above, any reference in this Act (whether express or implied) to a thing done by a highway authority or other authority under a provision of this Act includes, except where the context otherwise requires, a reference to the corresponding thing done, or having effect as if done, by a predecessor authority under the corresponding enactment repealed by this Act.

19

Without prejudice to paragraph 17 or 18 above, any power which was exercisable by a highway authority or other authority immediately before the commencement of this Act, under an enactment repealed by this Act, by reference (whether express or implied) to anything done before the said commencement may be exercised by that authority under the corresponding provision of this Act.

20

Where a period of time specified in any enactment repealed by this Act is current at the commencement of this Act, this Act has effect as if the corresponding provision of this Act had been in force when that period began to run.

21

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

22

Any enactment or other document of any kind referring to a highway repairable by the inhabitants at large or a highway maintainable by the inhabitants at large is to be construed as referring to a highway which for the purposes of this Act is a highway maintainable at the public expense.

23

Any enactment or other document of any kind referring to a surveyor of highways or a highway board is to be construed as referring to a highway authority.

References to Magistrates’ Courts Act 1980

24

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 24

Military Lands Act 1892

1

In the Military Lands Act 1892—

• (a) in section 13, for “the Highways Act 1959” substitute “ the Highways Act 1980 ”, for “section one hundred and eight” substitute (in both places) “ section 116 ” and for “section two hundred and seventy-five of the said Act of 1959” substitute “ section 317 of the said Act of 1980 ” ;

• (b) in section 16(2), for “the Highways Act 1959” substitute “ the Highways Act 1980 ”.

Settled Land Act 1925

2

In section 56(3) of the Settled Land Act 1925, for “the Highways Act 1959” substitute (in paragraph (a) and paragraph (b)) “ the Highways Act 1980 ”.

...

3

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Public Health Act 1936

4

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Public Utilities Street Works Act 1950

5

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Agriculture (Improvement of Roads) Act 1955

6

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Parish Councils Act 1957

7

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

• (a) for “the Highways Act 1959” substitute “ the Highways Act 1980 ” ;

• (b) for “section eleven of the said Act of 1959” substitute “ section 16 of the said Act of 1980 ”.

Land Compensation Act 1961

8

In section 8(7) of the Land Compensation Act 1961 for paragraph (c) substitute—

(c) section 261(1) of the Highways Act 1980 (or its predecessor, section 222(6) of the Highways Act 1959) ;

.

Public Health Act 1961

9

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Pipelines Act 1962

10

In the Pipelines Act 1962—

• (a) in section 15(10), in the definition of “special road”, after “Highways Act 1959”, insert “ or section 16 of the Highways Act 1980 ”, for “section nineteen of” substitute “ paragraph 3 of Schedule 23 to ”, and for “section eleven thereof” substitute “ section 16 thereof ” ;

• (b) in section 18(1) for “section one hundred and thirty-seven of the Highways Act 1959” substitute “ section 157 of the Highways Act 1980 (or its predecessor, section 137 of the Highways Act 1959) ”, and for “section eighteen of the Road Traffic and Roads Improvement Act 1960” substitute “ section 158 of the Highways Act 1980 (or its predecessor section 18 of the Road Traffic and Roads Improvement Act 1960) ” ;

• (c) in section 66(1), in the definition of “carriageway” for “subsection (1) of section two hundred and ninety-five of the Highways Act 1959” substitute “ section 329(1) of the Highways Act 1980 ”.

London Government Act 1963

11

ln Schedule 9 to the London Government Act 1963, in Part II, in paragraph 5, omit the words from “ and ” to the end.

Licensing Act 1964

12

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

New Forest Act 1964

13

In section 3 of the New Forest Act 1964—

• (a) in subsection (2), subsection (3) and subsection (4), for “the Highways Act 1959” substitute “ the Highways Act 1980 ” ;

• (b) in subsection (6), for “section 144 of the Highways Act 1959” substitute “ section 165 of the Highways Act 1980 ”.

Severn Bridge Tolls Act 1965

14

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

New Towns Act 1965

15

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Road Traffic Regulation Act 1967

16

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Countryside Act 1968

17

In the Countryside Act 1968—

• (a) in section 27(6), for the words from the beginning to “traffic sign)” substitute “ Section 131(2) of the Highways Act 1980 (destruction or defacement of a traffic sign) ” ;

• (b) in section 49(2), in the definition of “bridleway” and “footpath”, for “section 295(1) of the Highways Act 1959” substitute “ section 329(1) of the Highways Act 1980 ”.

• (c) in Schedule 3, in Part I, in paragraph 2(d) of the entry relating to the Acquisition of Land (Authorisation Procedure) Act 1946, for “Schedule 7 to the Highways Act 1959, as amended below,” substitute “ Schedule 6 to the Highways Act 1980 ”.

Transport Act 1968

18

In the Transport Act 1968—

• (a) in section 119(1), for “section 229 of the Highways Act 1959” substitute “ section 266 of the Highways Act 1980 ”, for “section 230 of the said Act of 1959” substitute “ section 267 of the said Act of 1980 ”, for “section 58(2) of the said Act of 1959” substitute “ section 55(2) of the said Act of 1980 ” and for “section 229(3) or 230(2) of the said Act of 1959” substitute “ section 266(5) or 267(2) of the said Act of 1980 ” ;

• (b) in section 121(6), for “the Highways Act 1959” substitute “ the Highways Act 1980 ” and for “paragraph (iii) of the proviso to” substitute “ sub-paragraph (2)(c) of ” ;

• (c) in section 121(7), for “the Highways Act 1959” substitute “ the Highways Act 1980 ” and for “paragraph (iii) of the proviso to” substitute “ sub-paragraph (2)(c) of ” ,

• (d) in section 159(1), in paragraph (a) of the definition of “highway authority”, for “the Highways Act 1959” substitute “ the Highways Act 1980 ”.

Chronically Sick and Disabled Persons Act 1970

19

In section 20(2) of the Chronically Sick and Disabled Persons Act 1970, in the definition of “footway”, for “the Highways Act 1959” substitute “ the Highways Act 1980 ”.

Town and Country Planning Act 1971

20

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Road Traffic Act 1972

21

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Local Government Act 1972

22

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Land Compensation Act 1973

23

In the Land Compensation Act 1973—

• (a) in section 19(1), in the definition of “highway”, for “section 295(1) of the Highways Act 1959” substitute “ section 329(1) of the Highways Act 1980 ” ;

• (b) in section 44(2), for “paragraph 7 of Schedule 6 to the Highways Act 1971” substitute “ paragraph 6 of Schedule 19 to the Highways Act 1980 ” ;

• (c) in section 58(2)(a), for “paragraph 8 of Schedule 6 to the Highways Act 1971” substitute “ paragraph 7 of Schedule 19 to the Highways Act 1980 ” ;

• (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (i) in section 87, omit subsection (3).

Control of Pollution Act 1974

24

In the Control of Pollution Act 1974—

• (a) in section 22(4), in the definitions of “highway”, “special road” and “trunk road” for “the Highways Act 1959” substitute, in each case, “the Higheays Act 1980”;

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

Road Traffic Act 1974

25

In section 17 of the Road Traffic Act 1974—

• (a) in subsection (1) for “the Highways Act 1959” substitute “ the Highways Act 1980 ” ;

• (b) in subsection (4) for “section 279 of the Highways Act 1959” substitute “ section 302 of the Highways Act 1980 ”.

Local Land Charges Act 1975

26

In section 1(1)(a) of the Local Land Charges Act 1975 omit “the Highways Act 1959” and for “the Highways Act 1971” substitute “ the Highways Act 1980 (or any Act repealed by that Act) ”.

Local Government (Miscellaneous Provisions) Act 1976

27

In the Local Government (Miscellaneous Provisions) Act 1976—

• (a) in section 13(4), for “section 47 of the Highways Act 1971” substitute “ section 250 of the Highways Act 1980 ” ;

• (b) in section 15(9), for “section 64(1) of the Highways Act 1971” substitute “ section 289(1) of the Highways Act 1980 ” ;

• (c) in section 44(1)—

• (i) in the definition of “highway” for “the Highways Act 1959” substitute “ the Highways Act 1980 ” ;

• (ii) in the definition of “statutory undertakers” for “the Highways Act 1959, the Post Office,” substitute “ the Highways Act 1980, the Post Office and ” ; and omit the words from “and, except” to “highways)” ;

• (d) in section 44(2), for “section 282 of the Highways Act 1959” substitute “ section 322 of the Highways Act 1980 ” and for the words from “any provision of sections 1 to 7” onwards substitute “ section 7 of this Act as if that section were a provision of that Act ”.

Development of Rural Wales Act 1976

28

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Rent Act 1977

29

In both section 34(1)(a) and section 50(1)(a) of the Rent Act 1977, for the words from “(certain” onwards substitute “ or section 205 of the Highways Act 1980 (execution of street works under private street works code), or ”.

Refuse Disposal (Amenity) Act 1978

30

In section 3(3) of the Refuse Disposal (Amenity) Act 1978 for “the Highways Act 1959” substitute “ the Highways Act 1980 ”.

SCHEDULE 25

Highway authorities: general provision.

GLA roads

14A

• (1) The Secretary of State may by order designate highways or proposed highways as highways which are to be GLA roads.

• (2) Any highway or proposed highway so designated—

• (a) shall become a GLA road, and

• (b) if it is a trunk road or other highway for which the Secretary of State is the highway authority, shall accordingly cease to be such a road or highway,

on such date as may be specified in that behalf in the order.

• (3) Orders under this section may be made or amended at any time before the beginning of the term of office of the first Mayor of London.

14B

• (1) The Mayor of London shall keep under review the system of highways and proposed highways in Greater London and the allocation of responsibility for that system between the different local highway authorities.

• (2) If the Mayor of London considers it expedient that—

• (a) any highway or proposed highway in Greater London, other than a trunk road, should become a GLA road, or

• (b) that any GLA road should cease to be such a road and should become a road for which the highway authority is a London borough council or the Common Council,

the Greater London Authority 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 GLA road as from such date as may be specified in that behalf in the order.

• (3) Where an order under subsection (2) above directs that a highway or proposed highway shall become a GLA road, it shall become such a road as from the date specified in that behalf in the order.

• (4) Where an order under subsection (2) above directs that a GLA road shall cease to be such a road, then, as from the date specified in that behalf in the order, the road shall cease to be a GLA road and the following authority, that is to say—

• (a) where the road is situated in a London borough, the council for the London borough, and

• (b) where the road is situated in the City, the Common Council,

shall become the highway authority for the road.

• (5) An order under this section shall be of no effect unless—

• (a) it is made with the consent of the relevant highway authority; or

• (b) if that consent is refused, it is confirmed (with or without modification) by the Secretary of State.

• (6) For the purposes of subsection (5) above, the relevant highway authority is—

• (a) in the case of an order directing that a highway or proposed highway shall become a GLA road, the authority which is the highway authority for the highway or proposed highway; and

• (b) in the case of an order directing that a GLA road shall cease to be such a road, the authority which will become the highway authority for the road in consequence of the order.

14C

• (1) A certificate by or on behalf of Transport for London that any highway or proposed highway is, or is not, for the time being a GLA road shall be evidence of the facts stated in the certificate.

• (2) A certificate under subsection (1) above may describe the highway or proposed highway in question by reference to a map.

• (3) Transport for London shall prepare and maintain a record of the highways which are for the time being GLA roads.

• (4) The record required to be prepared and maintained under subsection (3) above may consist of—

• (a) a list;

• (b) a map; or

• (c) a list and a map.

• (5) Transport for London shall deposit a copy of that record with the Greater London Authority, each of the London borough councils and the Common Council.

• (6) Transport for London, and the Greater London Authority, each of the London borough councils and the Common Council, shall make the record, or (as the case may be) the copies of the record deposited with them, available for inspection by the public at all reasonable hours.

14D

• (1) Any reference in any provision of this Act or any other enactment to a GLA road shall be construed as a reference to a highway or proposed highway in Greater London which is for the time being a GLA road by virtue of—

• (a) section 2(3) above;

• (b) an order made by the Secretary of State under section 14A above; or

• (c) an order made under section 14B above by the Greater London Authority.

• (2) The functions conferred or imposed on the Greater London Authority in relation to GLA roads shall be functions of the Authority which are exercisable by the Mayor of London acting on behalf of the Authority.

• (3) Subsection (2) above does not apply in relation to any function expressly conferred or imposed on the London Assembly.

Compulsory powers for creation of footpaths , bridleways and restricted byways.

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

Compulsory powers for creation of footpaths , bridleways and restricted byways.

31A

• (1) The appropriate council shall keep, in such manner as may be prescribed, a register containing such information as may be prescribed with respect to maps and statements deposited and declarations lodged with that council under section 31(6) above.

• (2) Regulations may make provision for the register to be kept in two or more parts, each part containing such information as may be prescribed with respect to such maps, statements and declarations.

• (3) Regulations may make provision as to circumstances in which an entry relating to a map, statement or declaration, or anything relating to it, is to be removed from the register or from any part of it.

• (4) Every register kept under this section shall be available for inspection free of charge at all reasonable hours.

• (5) In this section—

• “appropriate council” has the same meaning as in section 31(6) above;

• “prescribed” means prescribed by regulations;

• “regulations” means regulations made by the Secretary of State.

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

Compulsory powers for creation of footpaths , bridleways and restricted byways.

Corners

Road humps

90A

• (1) A highway authority may construct road humps in a highway maintainable at the public expense for which they are the highway authority if—

• (a) the highway is subject to a statutory speed limit for motor vehicles of 30 miles per hour or less; or

• (b) (whether or not the highway is subject to such a limit)the road humps are specially authorised by the Secretary of State, or

• (c) (whether or not the highway is subject to such a limit) the road humps fall within section 90CA below.

and may remove any road humps so constructed by them.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

90B

• (1) The Secretary of State may construct road humps in a highway maintainable at the public expense for which he is not the highway authority if—

• (a) the highway is subject to a statutory speed limit for motor vehicles of 30 miles per hour or less; or

• (b) (whether or not the highway is subject to such a limit)the road humps are specially authorised by him,

and may maintain and remove any road humps so constructed by him.

• (2) The consent of the local highway authority for the highway concerned is required for the construction of road humps under this section. . .

• (3) The Secretary of State and the local highway authority may enter into an agreement for the carrying out by the local highway authority of any works which the Secretary of State has power to carry out under this section.

• (4) Subject to subsection (5) below, the consent of the Secretary of State is required before the local highway authority or any other person having power to maintain the highway may remove or otherwise interfere with a road hump constructed under this section.

• (5) If the Secretary of State so directs with the consent of the local highway authority the local highway authority shall have the same powers in relation to a road hump constructed under this section as they have in relation to a road hump constructed by them under section 90A above.

• (6) Where a road hump has been constructed under this section, the local highway authority and any other person having power to maintain the highway may reimburse the Secretary of State the whole or part of his expenses in relation to the road hump.

90C

• (1) Where the Secretary of State, a strategic highways company or a local highway authority propose to construct a road hump under section 90A or 90B above, he, it or they shall consult with—

• (a) the chief officer of police for the area in which the highway concerned is situated; and

• (b) such other persons or bodies as may be prescribed by regulations made by the Secretary of State.

• (2) The Secretary of State , a strategic highways company or local highway authority shall also—

• (a) publish in one or more newspapers circulating in the area in which the highway concerned is situated; and

• (b) place at appropriate points on that highway,

a notice of the proposal stating the nature, dimensions and location of the proposed road hump and the address to which and the period within which any objections to the proposal may be sent.

• (3) The period stated in a notice under subsection (2) above shall be not less than 21 days beginning with the date on which the notice is first published in accordance with paragraph (a) of that subsection.

• (4) The Secretary of State, a strategic highways company or local highway authority shall consider any objections sent to him, it or them in accordance with a notice under subsection (2) above and may, if he, it or they think fit, cause a local inquiry to be held.

• (5) Subsections (2) to (5) of section 250 of the Local Government Act 1972 (provisions as to inquiries) have effect in relation to an inquiry held under subsection (4) above as they have effect in relation to an inquiry held under that section, but with such modifications as may be prescribed by regulations made by the Secretary of State.

• (6) Before making regulations under this section the Secretary of State shall consult such representative organisations as he thinks fit.

90CA

• (1) A road hump falls within this section if—

• (a) it is constructed by a local highway authority in Greater London, and

• (b) the requirements of subsections (2) and (3) below have been complied with.

• (2) The requirement of this subsection is that before starting to construct the road hump the authority concerned gives the Secretary of State notice stating—

• (a) the nature, dimensions and location of the proposed road hump,

• (b) the spacing between the proposed road hump and any other humps constructed, or proposed to be constructed, in the vicinity,

• (c) the type and description of signs which are proposed to be located in the highway in connection with the proposed hump,

• (d) the statutory speed limit for motor vehicles to which the highway where it is proposed to construct the hump is subject, and

• (e) the period (of not less than one month) within which, and the address to which, the Secretary of State may send any comments on the proposal to the authority.

• (3) The requirement of this subsection is that in deciding—

• (a) whether to proceed with the construction of the road hump, and

• (b) what the nature, dimensions and location of the road hump as constructed are to be,

the authority concerned has regard to any comments made by the Secretary of State within the period stated in the notice.

90D

• (1) The Secretary of State may by regulations make such provision in relation to the construction and maintenance of road humps as appears to him to be necessary or expedient in the interests of safety and the free movement of traffic, and may in particular—

• (a) provide that road humps shall be constructed only in highways of such descriptions and in such circumstances as may be prescribed by the regulations;

• (b) impose requirements as to—

• (i) the nature, dimensions, location and spacing of road humps;

• (ii) the placing of signs of such type or character as may be so prescribed;

• (iii) the carrying out and maintenance of other ancillary or consequential works.

• (2) Regulations under this section may make different provision for different cases, as for example for road humps and highways of different descriptions.

• (3) Before making any regulations under this section the Secretary of State shall consult with such representative organisations as he thinks fit.

• (4) Regulations under this section do not apply where a road hump is specially authorised by the Secretary of State, but conditions attached by him to the authorisation may, in particular, relate to any of the matters with respect to which regulations may be made under this section.

• (5) Regulations under this section do not apply where a road hump falls within section 90CA above.

90E

• (1) Where the requirements of subsections (1A), (1B) or (1C) are satisfied in relation to a road hump, the road hump shall not be treated as constituting an obstruction to the highway but as part of the highway, so that in particular—

• (a) the obligation of any person to maintain the highway; and

• (b) the obligation of any person having power to break open the highway to make good any damage or otherwise reinstate the highway,

extend to maintaining or, as the case may be, making good any damage to or otherwise reinstating the road hump.

• (1A) The requirements of this subsection are that—

• (a) regulations under section 90D above apply to the road hump,

• (b) the road hump conforms to the regulations, and

• (c) if the road hump is in a highway maintainable at the public expense, the conditions mentioned in subsection (2) below are satisfied.

• (1B) The requirements of this subsection are that—

• (a) the road hump is specially authorised by the Secretary of State,

• (b) the road hump conforms with the conditions attached to the authorisation, and

• (c) if the road hump is in a highway maintainable at the public expense, the conditions mentioned in subsection (2) below are satisfied.

• (1C) The requirements of this subsection are that—

• (a) the road hump falls within section 90CA, and

• (b) if the road hump is in a highway maintainable at the public expense, the condition mentioned in subsection (2)(a) below is satisfied.

• (2) The further conditions applicable in the case of a road hump in a highway maintainable at the public expense are—

• (a) that the highway is for the time being subject to a statutory speed limit for motor vehicles of 30 miles per hour or less or the road hump is specially authorised by the Secretary of State; and

• (b) that the road hump was constructed under section 90A or 90B above or was constructed at a time when the highway was not maintainable at the public expense.

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

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

90F

• (1) In this Act “road hump” means an artificial hump in or on the surface of the highway which is designed to control the speed of vehicles, and references to a road hump include references to any other works (including signs for lighting) required in connection with such a hump.

• (2) In sections 90A to 90E above—

Other traffic calming works

90G

• (1) A highway authority may, in a highway maintainable at the public expense for which they are the highway authority, construct traffic calming works which—

• (a) are of a description prescribed by regulations under section 90H below, or

• (b) are specially authorised by the Secretary of State, or

• (c) fall within section 90GA below,

and may remove such works (whenever constructed).

• (2) A highway authority shall not exercise the powers conferred by subsection (1)(a) or (b) above except in accordance with any requirements imposed by the regulations or authorisation concerned.

• (3) Requirements imposed by a special authorisation given by the Secretary of State under this section may relate to any matter with respect to which regulations may be made under section 90H below.

• (4) Nothing in this section shall prejudice any power of a highway authority to construct or remove traffic calming works which are neither of a description prescribed by regulations under section 90H below nor specially authorised by the Secretary of State.

90GA

• (1) Traffic calming works fall within this section if—

• (a) the works are constructed by a local highway authority in Greater London, and

• (b) the requirements of subsections (2), (3) and (4) below have been complied with.

• (2) The requirement of this subsection is that before starting to construct the works the authority concerned gives the Secretary of State notice stating—

• (a) the nature, dimensions and location of the proposed works,

• (b) the type and description of signs which are proposed to be located in the highway in connection with the proposed hump, and

• (c) the period (of not less than one month) within which, and the address to which, the Secretary of State may send any comments on the proposal to the authority.

• (3) The requirement of this subsection is that in deciding—

• (a) whether to proceed with the construction of the works, and

• (b) what the nature, dimensions and location of the works as constructed are to be,

the authority concerned has regard to any comments made by the Secretary of State within the period stated in the notice.

• (4) The requirement of this subsection is that the authority concerned complies with such requirements as to consultation and publicity as may be prescribed by regulations made by the Secretary of State.

90H

• (1) The Secretary of State may make regulations—

• (a) prescribing any description of traffic calming works for the purposes of section 90G above, and

• (b) making such provision (if any) as appears to him necessary or expedient in relation to the construction, maintenance and removal of works of a prescribed description.

• (2) Regulations under this section may in particular—

• (a) provide that works of a prescribed description shall be constructed only in highways of such descriptions and in such circumstances as may be prescribed by the regulations;

• (b) impose requirements as to—

• (i) the dimensions and location of works;

• (ii) the placing of signs;

• (iii) the carrying out and maintenance of ancillary or consequential works;

• (c) impose requirements as to consultation and publicity in respect of proposed works.

• (d) provide that, in such cases or circumstances as the regulations may specify, works may be constructed or removed only with the consent of a police officer of such class as the regulations may specify.

• (3) Regulations under this section may make different provision for different cases.

90I

• (1) Works (whenever constructed) to which this subsection applies shall not be treated as constituting an obstruction to the highway but as part of the highway, so that in particular—

• (a) the obligation of any person to maintain the highway, and

• (b) the obligation of any person having power to break open the highway to make good any damage or otherwise reinstate the highway,

extend to maintaining or, as the case may be, making good any damage to or otherwise reinstating the works.

• (2) Subsection (1) above applies—

• (a) to works of a description prescribed by regulations under section 90H above or specially authorised under section 90G above which conform to any requirements imposed by the regulations or authorisation, and

• (b) to works which fall within section 90GA above.

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

95A

A highway authority may install and maintain on or near a highway structures and equipment for the detection of traffic offencesor offences under section 11 of the HGV Road User Levy Act 2013 (using or keeping heavy goods vehicle if HGV road user levy not paid).

PART VA — ENVIRONMENTAL IMPACT ASSESSMENTS

Environmental impact assessments.

105A

• (1) If a project authority is considering a project for constructing or improving a highway for which it is the highway authority, the project authority must, before details of the project are published, determine—

• (a) whether or not the project is of a type specified in Annex I or Annex II, and

• (b) if it considers the project is a relevant project of a type specified in Annex II, whether it should be made subject to an environmental impact assessment.

• (2) In this Part “project authority” means—

• (a) the Secretary of State,

• (b) the Welsh Ministers, or

• (c) a strategic highways company.

• (3) When making a determination under subsection (1)(b), a project authority must have regard to the following—

• (a) the information described in Annex II.A,

• (b) the selection criteria set out in Annex III,

• (c) any features of the project or measures envisaged to avoid or prevent what might otherwise be significant adverse effects on the environment, and

• (d) the results of any relevant environmental assessment which are reasonably available to the authority.

• (4) The project authority must make a determination under subsection (1)(b)—

• (a) as soon as possible, and

• (b) in any event within the period of 90 days beginning with the day on which it has access to the information mentioned in paragraphs (a), (c) and (d) of subsection (3).

• (5) If the project authority is satisfied that it is appropriate to do so by reason of exceptional circumstances relating to a project (including circumstances relating to the nature, complexity, location or size of project), it may extend the period specified in subsection (4)(b).

105B

• (1) This section applies of a project authority considers that a project—

• (a) is of a type specified in Annex I, or

• (b) is a relevant project of a type specified in Annex II which should be made subject to an environmental impact assessment.

• (2) The project authority must, not later than the date when details of the project itself are published—

• (a) ensure that an environmental statement is prepared for the project, and

• (b) publish a notice of the environmental statement so as to ensure that members of the public who are likely to be concerned are given a reasonable opportunity to express their opinion before a decision is made as to whether to proceed with the construction or improvement to which the statement relates.

• (3) The environmental statement for the project—

• (a) must be prepared by competent experts,

• (b) must include the information which, taking into account current knowledge and methods of assessment, is reasonably required by the project authority to reach a reasoned conclusion about the significant effects of the project on the environment (as required by section 105CA) and in particular the information specified in subsection (4) of this section, and

• (c) with a view to avoiding duplication of assessments, must take into account the results of any relevant environmental assessment which are reasonably available to the project authority.

• (4) The specified information is—

• (a) a description the site, design, size and any other relevant features of the project,

• (b) a description of the likely significant effects of the project on the environment,

• (c) a description of the features of the project or measures envisaged to avoid, prevent or reduce and, if possible, offset any likely significant effects of the project on the environment,

• (d) a description of the reasonable alternatives studied by the project authority which are relevant to the project and its specific characteristics, and an indication of the main reasons for the option chosen, taking into account the effects of the project on the environment,

• (e) a non-technical summary of the information mentioned in paragraphs (a) to (d), and

• (f) any additional information of a type specified in Annex IV that is relevant to the specific characteristics of the project, or type of project, and to the environmental features likely to be affected.

• (5) The environmental statement must be accompanied by a statement from the project authority setting out the relevant expertise or qualifications of the experts who prepared the environmental statement.

• (6) The notice published under subsection (2)(b) must state—

• (a) that the project authority, as the relevant highway authority, is considering implementing the project;

• (b) the proposed location and nature of the project;

• (c) that the project is subject to an environmental impact assessment and, where relevant, that section 105C applies;

• (d) if the project is a relevant project of a type specified in Annex II, the reasons for the determination that the project should be made subject to an environmental impact assessment with reference to the selection criteria set out in Annex III;

• (e) that a copy of the environmental statement may be inspected at an address in the area in which the project is proposed to be situated during the period specified under paragraph (j);

• (f) the times at which the copy of the environmental statement may be so inspected;

• (g) an address from which copies of the environmental statement may be obtained and from which further information about the project may be requested during the period specified under paragraph (j);

• (h) if a charge is to be made for a copy of the environmental statement, the amount of the charge;

• (i) that a copy of the environmental statement may be inspected on the official website;

• (j) that any person wishing to make representations about the project and the environmental statement may do so in writing to the project authority at a specified address for a specified period, being not less than 6 weeks from the date of publication of the notice, and

• (k) that the project authority will take into consideration any representations so made before deciding whether or not to proceed with the project with or without modifications.

• (7) The project authority must ensure that during the period specified under subsection (6)(j)—

• (a) copies of the environmental statement are available for inspection by any person free of charge at all reasonable hours at the address specified under subsection (6)(e),

• (b) copies of the environmental statement are available to be obtained by any person from the address specified under subsection (6)(g), and

• (c) that a copy of the environmental statement is available for inspection by any person on the official website.

• (8) A reasonable charge reflecting the costs of printing, copying and distribution may be made by the project authority for the supply of a copy of the environmental statement—

• (a) to a person other than a consultation body, or

• (b) to a consultation body to which one copy has already been supplied free of charge.

• (9) The project authority must ensure that the consultation bodies are given an opportunity to express an opinion on the project and the environmental statement before the authority carries out the consideration required by section 105CA(1).

105C

• (1) This section applies if–

• (a) it appears to the project authority that a project to which section 105B applies is likely to have a significant effect on the environment in an EEA state ; or

• (b) an EEA State the environment of which is likely to be significantly affected by such a project asks the project authority for information about it.

• (2) The project authority must give the EEA State –

• (a) a description of the project, together with any information available to the authority which suggests that it may have a significant effect on the environment in the EEA State ;

• (b) any information which the authority has on the nature of the decision which may be taken on the project;

• (c) such information about the procedure required by this Part of this Act as the authority considers appropriate; and

• (d) a reasonable period within which to indicate whether it wishes to participate in that procedure.

• (3) Subsection (2)(a) and (b) must be complied with no later than the date of publication of the notice under section 105B(2)(b) .

• (4) If the EEA State indicates that it wishes to participate in the procedure required by this Part of this Act , the project authority must give it–

• (a) a copy of the environmental statement for the project (if the authority has not already done so); . . .

• (b) the information required by subsection (6) of section 105B to be included in the notice under subsection (2)(b) of that section; and

• (c) any information about the procedure required by this Part of this Act which the authority considers it appropriate to give and which has not already been given to the EEA State.

• (5) The project authority must also –

• (a) arrange for the information which the authority has given to the EEA State to be made available, within a reasonable time, to–

• (i) the consultation bodies, and

• (ii) members of the public in the EEA State who are likely to be concerned; and

• (b) ensure that those authorities and the public concerned are given a reasonable opportunity to give the project authority their views before the project authority decides whether to proceed with the project to which the environmental impact assessment relates.

• (6) The Secretary of Stateor the strategic highways company must ...–

• (a) enter into consultations with the EEA State concerned regarding, among other matters, the potential significant effects of the project on the environment of that EEA State and the measures envisaged to reduce or eliminate those effects; and

• (b) agree with that EEA State a reasonable period for those consultations.

• (6A) The consultations required under subsection (6)(a) may be carried out through an appropriate joint body set up for that purpose.

• (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

105D

• (1) If a person aggrieved by a decision of the project authority to proceed with the construction or improvement for which an environmental statement has been made desires to question the validity of the decision on the ground that—

• (a) it is not within the powers of this Act; or

• (b) any requirement of this Part of this Act has not been complied with in relation to the decision;

he may, within 6 weeks from the date on which the decision is first published under section 105B (6), make an application for the purpose to the High Court.

• (2) On any such application, the Court—

• (a) may by interim order suspend the operation of the decision, or any aspect of it, either generally or in so far as it affects any property of the applicant, until the final determination of the proceedings; and

• (b) if satisfied that the decision is not within the powers of this Act, or that the interests of the applicant have been substantially prejudiced by a failure to comply with any requirement of this Part of this Act, may quash the decision or any aspect of it, either generally or in so far as it affects any property of the applicant.

• (3) Subject to subsection (2), a decision to which subsection (1) applies shall not be questioned in any legal proceedings whatever.

Part VIIA — Provision of Amenities on Certain Highways

115A

• (1) This part of this Act applies—

• (a) to a highway in relation to which a pedestrian planning order is in force;

• (aa) to a restricted byway;

• (b) to a bridleway;

• (c) to a footpath (including a walkway as defined in section 35(2) above);

• (d) to a footway;

• (e) to a subway constructed under section 69 above;

• (f) to a footbridge constructed under section 70 above;

• (g) to a highway of a description not mentioned in any of the preceding paragraphs of this definition whose use by vehicular traffic is prohibited by a traffic order but whose use by other traffic is not prohibited or restricted or regulated by such an order; and

• (h) to a local Act walkway.

• (2) In this Part of this Act—

• “local Act walkway” means a way or place which is declared in pursuance of a local enactment to be a walkway, city walkway or pedestrian way;

• “pedestrian planning order” means an order made under section 249(2) or (2A) of the Town and Country Planning Act 1990; and

• “traffic order” means an order made under section 1 or 6 of the Road Traffic Regulation Act 1984 (traffic regulation orders) or under section 9 of that Act (experimental traffic orders); and

• “walkway consent” means—

• (a) in relation to a walkway as defined in section 35(2) above, the consent—

• (i) of any person who is an occupier of the building in which the walkway subsists and to whom subsection (3) below applies; and

• (ii) of the persons whose agreement would be needed for the creation of the walkway if it did not already subsist; and

• (b) in relation to a local Act walkway, the consent—

• (i) of any person who is an owner or occupier of premises adjoining the walkway and to whom subsection (3) below applies; and

• (ii) of the owner of the land on, under or above which the walkway subsists.

• (3) The persons to whom this subsection applies are persons who, in the opinion of a council, are likely to be materially affected—

• (a) by the exercise of a power which the council may not exercise until they have first obtained walkway consent; or

• (b) by a grant of permission which the council may not grant unless they have first obtained walkway consent.

• (4) In the following provisions of this Part of this Act “walkway” includes both a walkway as defined in section 35(2) above and a local Act walkway.

• (5) Any reference in this Part of this Act to a highway to which this Part of this Act applies includes a reference to a local Act walkway which but for this subsection—

• (a) is not a highway; or

• (b) is a highway only for certain purposes.

• (6) The use of a highway by vehicular traffic is to be taken as prohibited for the purposes of this Part of this Act where its use by such traffic is prohibited over the whole width of the highway even if the prohibition is contained in a traffic order which does not prohibit certain vehicles or certain classes of vehicle using the highway or part of it or using the highway or part of it at certain times or on certain days or during certain periods.

• (7) In this Part of this Act “frontagers” means the owners and occupiers of any premises adjoining the part of a highway on, in or over which an object or structure would be placed or on which facilities for recreation or refreshment or both have been, are being or would be provided; but frontagers have an interest under this Part of this Act only in proposals to place objects or structures or provide or operate facilities wholly or partly between their premises and the centre of the highway.

• (8) References to a council in this Part of this Act include references to the Council of the Isles of Scilly.

115B

• (1) Subject to subsections (4), (5) and (7) below, a council shall have power—

• (a) to carry out works on, in or over a highway to which this Part of this Act applies; and

• (b) to place objects or structures on, in or over such a highway, for the purpose—

• (i) of giving effect to a pedestrian planning order;

• (ii) of enhancing the amenity of the highway and its immediate surroundings; or

• (iii) of providing a service for the benefit of the public or a section of the public.

• (2) A council shall have power to maintain—

• (a) any works carried out under paragraph (a) of subsection (1) above; and

• (b) any objects or structures placed on, in or over a highway under paragraph (b) of that subsection.

• (3) Without prejudice to the generality of this section, the amenity of a highway may be enhanced by providing lawns, trees, shrubs or flowers.

• (4) A council may not exercise the powers conferred by this section on, in or over a walkway unless they have first obtained walkway consent.

• (5) Where subsection (6) below applies, a council may not, in the exercise of the power conferred by subsection (1)(b) above, place an object or structure on, in or over a highway—

• (a) for a purpose which will result in the production of income; or

• (b) for the purpose of providing a centre for advice or information,

unless they have first obtained the consent of the frontagers with an interest—

• (i) to the placing of the object or structure; and

• (ii) to the purpose for which it is to be placed.

• (6) This subsection applies where the object or structure would be placed—

• (a) on, in or over a footpath;

• (b) on, in or over a bridleway; or

• (c) on, in or over a footway in relation to which no pedestrian planning order or traffic order is in force.

• (7) Where a council propose—

• (a) to place an object or structure on, in or over a highway to which this Part of this Act applies—

• (i) for a purpose which will result in the production of income; or

• (ii) for the purpose of providing a centre for advice or information; and

• (b) to grant a person permission under section 115E below to use the object or structure,

they may not exercise the power conferred by subsection (1)(b) above unless they have first obtained the consent of the frontagers with an interest—

• (i) to the placing of the object or structure;

• (ii) to the purpose for which it would be placed; and

• (iii) to the proposed grant of permission.

115C

• (1) Subject to subsections (2) and (3) below, a council shall have power to provide, maintain and operate facilities for recreation or refreshment or both on a highway to which this Part of this Act applies.

• (2) A council may not exercise the powers conferred by this section on a walkway unless they have first obtained walkway consent.

• (3) Where subsection (4) below applies, a council may not exercise the powers conferred by this section unless they have first obtained the consent of the frontagers with an interest.

• (4) This subsection applies where the facilities are to be provided—

• (a) on a footpath; or

• (b) on a bridleway; or

• (ba) on a restricted byway; or

• (c) on a footway in relation to which no pedestrian planning order or traffic order is in force.

115D

A council may exercise their powers under section 115B or 115C above to restrict the access of the public to any part of a highway to which this Part of this Act applies, but shall not so exercise them—

• (a) as to prevent traffic, other than vehicular traffic,—

• (i) entering the highway at any place where such traffic could enter it before, as the case may be, the making of a pedestrian planning order or a traffic order in relation to it or the exercise in relation to it of a power conferred by this Part of this Act; or

• (ii) passing along it; or

• (iii) having normal access to premises adjoining it; or

• (b) as to prevent any use of vehicles which is permitted by a pedestrian planning order or which is not prohibited by a traffic order; or

• (c) as to prevent statutory undertakers . . . having access to any apparatus of theirs under, in, on or over the highway ; or

• (d) as to prevent the operator of an electronic communications code network having access to any electronic communications apparatus kept installed for the purposes of that network under, in, on or over the highway.

115E

• (1) Subject to subsections (2) to (6) below, a council may grant a person permission—

• (a) to do on, in or over a highway to which this Part of this Act applies anything which the council could do on, in or over such a highway under section 115B(1) to (3) or 115C above; or

• (b) to use objects or structures on, in or over a highway to which this Part of this Act applies—

• (i) for a purpose which will result in the production of income;