Legalize / United Kingdom / Public General Act

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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Reform history JSON API

(2) The highway authority shall on demand repay any expenses reasonably incurred in removing a gate in compliance with a requirement under this section.

(3) Where in pursuance of subsection (1) above a gate has been removed (whether by, or in compliance with a requirement of, the highway authority) and the highway authority subsequently remove the cattle-grid, then, if within 12 months from the date of the removal of the cattle-grid a person reinstalls a gate in the exercise of a right the exercise of which was suspended while the cattle-grid was provided, the highway authority shall on demand repay the expenses reasonably incurred in reinstalling the gate.

(4) No objection shall be made or proceedings brought in respect of the purported exercise by a highway authority of their powers under subsection (1) above as respects a gate or gates on the ground that no right to install the gate or gates existed; but the purported exercise by the authority of their powers under that subsection shall not affect the question whether any such right existed, or prejudice the powers of the highway authority or any other person under any enactment (including an enactment in this Act) or rule of law to protect public rights of way or to prevent or remove obstructions.

Agreements for use of land for cattle-grids or by-passes

87

(1) A highway authority may, for the purpose of providing, altering or improving a cattle-grid or by-pass under the powers conferred by this Part of this Act, enter into an agreement under this section with persons interested in any land for the use of the land for that purpose; and (without prejudice to the provision of other matters in the agreement) there shall be exercisable by the highway authority and the public such rights over the land as may be specified in the agreement.

(2) An agreement under this section may contain provisions for payment to persons who are parties to it in consideration of the use of the land or otherwise in respect of their entering into the agreement.

(3) The provisions of an agreement under this section bind the interest of any person who is a party to the agreement notwithstanding any devolution of that interest, and also bind any interest of any person which is thereafter created (whether immediately or not) out of that interest; but save as aforesaid an agreement under this section shall not operate so as to prejudice the rights of a person not a party to it or confer upon any other person any right against him.

(4) A tenant for life may enter into an agreement under this section relating to the settled land or any part of it either for consideration or gratuitously, and—

(a) this subsection is to be construed as one with the Settled Land Act 1925;

(b) that Act applies as if the power conferred by this subsection had been conferred by that Act; and

(c) for the purposes of section 72 of the Settled Land Act 1925 (disposition by a tenant for life) and of any other relevant statutory provision, entering into an agreement under this section is to be treated as a disposition.

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) Where land is—

(a) diocesan glebe land, the Diocesan Board of Finance in which the land is vested, with the consent of the Church Commissioners (unless such consent would not be required under section 21 of the Church Property Measure 2018 if the transaction were carried out under Part 2 of that Measure),

(b) land belonging to an ecclesiastical benefice of the Church of England, the incumbent of the benefice, with the consent of the Diocesan Board of Finance, or

(c) part of the endowment of any other ecclesiastical corporation, the ecclesiastical corporation, with the consent of the Church Commissioners,

may enter into an agreement under this section relating to the land either for consideration or gratuitously and any payment made in respect of such agreement may be applied for purposes for which the proceeds of a sale by agreement of the property would be applicable under any enactment or Measure authorising such a sale or disposing of the proceeds of such a sale.

(6A) In subsection (6)—

“Diocesan Board of Finance” has the same meaning as “DBF” in the Church Property Measure 2018;

“diocesan glebe land” has the same meaning as in that Measure.

(7) An agreement under this section is a local land charge.

Contributions towards expenditure of highway authorities

88

(1) A highway authority may enter into an agreement with a person at whose instance a cattle-grid has been or is to be provided by them under this Act, or any other person willing to make a contribution towards expenses of the authority under this Act in connection with a cattle-grid, for the making by that person of such a contribution (whether by a single payment or by periodical payments) of such amount as may be specified in the agreement and either towards all such expenditure of the authority or towards such description of such expenditure as may be so specified.

(2) An agreement under this section may contain such incidental and consequential provisions as appear to the parties to it expedient for the purposes of the agreement, and in particular such an agreement providing for a contribution towards the cost of installing a cattle-grid may provide for repayment of the contribution, to such extent as may be specified in the agreement, in the event of the cattle-grid being removed.

(3) In determining whether or not to provide a cattle-grid, a highway authority shall be entitled to have regard to the extent to which persons who in the opinion of the authority will derive special benefit from the provision of the cattle-grid are willing to enter into agreements under this section.

Delegation to certain authorities of functions of Minister

89

(1) Subsections (1) to (4) of section 6 above apply, as respects trunk roads, to the functions of the Minister under the foregoing provisions of this Part of this Act relating to cattle-grids, and to his functions under Schedule 10 to this Act in so far as they are conferred on him as highway authority.

(2) Plant or materials belonging to a council to whom functions are delegated under this section may be used by them for the purposes of those functions, subject to the terms of the delegation.

Protection of bridges and railways

90

(1) A highway authority shall not, in the exercise of functions relating to cattle-grids conferred by this Part of this Act, carry out any work in—

(a) so much of a highway as is carried by a bridge maintainable by a person other than the highway authority or so much of a highway as is comprised within the immediate approaches to such a bridge,

(b) so much of a highway passing under such a bridge as is within 10 feet of any part of the bridge or of the foundations of the bridge, or

(c) so much (if any) of a highway passing above a tunnel provided for the purpose of a railway undertaking of railway undertakers as is within 10 feet of any part of the tunnel,

except with the consent of the person liable to maintain the bridge or of the railway undertakers, as the case may be.

(2) Where consent under this section is withheld the highway authority may refer the matter to the Minister and if, after affording to the highway authority and to the said person, or to the railway undertakers, as the case may be, an opportunity of being heard by a person appointed by the Minister for the purpose, and considering his report, the Minister so directs, the work may be carried out notwithstanding that the consent has been withheld but subject to compliance with any conditions which the Minister may impose.

Construction, reconstruction, improvement etc. of bridges

Construction of bridge to carry existing highway maintainable at public expense

91

A highway authority may construct a bridge to carry a highway maintainable at the public expense but the Minister shall not construct such a bridge without the approval of the Treasury.

Reconstruction of bridge maintainable at public expense

92

Without prejudice to any other powers they have under this Part of this Act, a highway authority may reconstruct a bridge which is a highway maintainable at the public expense by them, either on the same site or on a new site within 200 yards of the old one.

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

93

(1) If the owners of a bridge to which this section applies or a ...highway authority entitled by virtue of section 95 below to exercise with respect to such a bridge the powers conferred by this section consider—

(a) that the bridge is or may be, by reason of its construction, position, or state of repair, dangerous or unsuitable for the requirements of road traffic as then existing or the expected development thereof, or

(b) that the responsibility for the maintenance and improvement of the highway carried by the bridge or of the approaches to it should for any reason be transferred from the owners to a highway authority,

the owners or the authority may apply to the Minister for an order to provide for the reconstruction, improvement or maintenance of the bridge, or of the highway carried by the bridge, or of the approaches to the bridge.

(2) Where an application is made to the Minister under subsection (1) above, he may, subject to the provisions of this section, make an order under this section, but before making such an order he shall consult the owners of the bridge and every ... highway authority entitled to exercise with respect to it the powers conferred by this section, and if either the owners or any such ... highway authority request him so to do shall hold an inquiry.

(3) Subject to the provisions of this section, the Minister may by an order made under this section—

(a) require the execution, either by the owners or by a highway authority, of such works of reconstruction or improvement as may be specified in the order;

(b) determine and direct by whom the bridge, the highway carried by the bridge and the approaches to the bridge are to be maintained;

(c) provide for the transfer to and vesting in a highway authority of the property in the bridge, or the highway carried by the bridge, or the approaches to the bridge, and of all or any rights and obligations attaching to the bridge, or to such highway or approaches;

(d) in the case of a swing bridge, determine and direct by whom and in what manner it is to be operated;

(e) modify, so far as he considers necessary for giving effect to the order, any statutory provisions applicable to the bridge other than the provisions of a public general Act;

(f) make such incidental, consequential and supplementary provisions, including provisions authorising the owners of the bridge or a highway authority to construct works which are necessary to enable them to comply with a requirement or direction contained in the order, as may appear to him to be necessary or proper for the purposes of the order.

(4) Subject to the provisions of this section, the Minister may, on his own initiative and without any application under subsection (1) above, make an order under this section with respect to a trunk road bridge if, on such grounds as are referred to in subsection (1) above, it seems to him fit and proper so to do; but, before making such an order, he shall consult the owners of the bridge (unless after diligent inquiry their names and addresses cannot be ascertained), and, if the owners request him so to do, shall hold an inquiry.

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) Subject to section 95(9) below, this section applies to any bridge (other than a highway maintainable at the public expense) which carries a highway consisting of or comprising a carriageway over a railway, over a canal, river, creek, watercourse, marsh or other place where water flows or is collected or over a ravine or other depression, other than a bridge to which a right to levy tolls is attached.

(7) Schedule 11 to this Act has effect in relation to the making and carrying out of orders under this section.

Powers of highway authorities and bridge owners to enter into agreements

94

(1) A highway authority may agree with the owners of a bridge to which this section applies and with respect to which the highway authority are entitled by virtue of section 95 below to exercise the powes conferred by this section—

(a) for the payment by the highway authority of contributions towards the cost of the reconstruction, improvement or maintenance of the bridge, or of the highway carried by the bridge, or of the approaches to the bridge;

(b) for the transfer to the highway authority, on such terms as may be agreed, of the responsibility for the improvement and maintenance of the highway carried by the bridge, or of the approaches to it;

(c) for the transfer to the highway authority, on such terms as may be agreed, of the property in the bridge, the highway carried by the bridge, and the approaches to the bridge, and of all or any rights and obligations attaching to the bridge, or to such highway or approaches;

and the owners of the bridge may enter into and carry into effect any such agreement, notwithstanding that the bridge was constructed under statutory powers.

(2) Subject to section 95(9) below, this section applies to any bridge (other than a highway maintainable at the public expense) which carries a highway over a railway or highway, over a canal, river, creek, watercourse, marsh or other place where water flows or is collected or over a ravine or other depression.

(3) Where an agreement made under this section provides for the transfer to the highway authority of rights or obligations attaching to a bridge, then as from the date of the transfer the highway authority may exercise the rights transferred and shall, to the exclusion of the owners, be subject to the obligations transferred.

Supplemental provisions as to orders and agreements under sections 93 and 94

95

(1) Subject to subsection (2) below, the powers conferred by sections 93 and 94 above on a highway authority or a local highway authority are exercisable-

(a) in the case of a bridge outside Greater London, by the council of the county or metropolitan district in which the bridge is situated;

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

(c) in the case of a bridge in Greater London, by the council of the borough in which it is situated, or, if it is in the City, by the Common Council.

(2) In the case of a trunk road bridge, the powers conferred on a highway authority by sections 93 and 94 are exercisable by the highway authority for the trunk road over, or partly over, the bridge.

(3) Where a bridge other than a trunk road bridge is situated partly in one area and partly in another, the powers conferred by sections 93 and 94 above on a highway authority or a local highway authority are exercisable by the council who, by virtue of section 3 above, are the highway authority for the whole of the bridge or, if there is no such highway authority, by any council who could have exercised those powers if their area had included the whole of the bridge.

(4) For the purposes of the foregoing provisions of this section, the highway carried by a bridge, and the approaches to the bridge, are to be deemed to be part of the bridge.

(5) Where—

(a) a bridge crossing a railway is owned by railway undertakers and the railway is leased to other such undertakers, or

(b) a bridge crossing a canal is owned by canal undertakers and the canal is leased to other such undertakers,

references in sections 93 and 94 above and in this section to the owners of the bridge, railway or canal include references to those other undertakers.

(6) Nothing in sections 93 and 94 above or in this section or in any order made under section 93 above, authorises the stoppage of traffic on a canal without the consent of the canal owners, and a highway authority carrying out works authorised by any of the said sections, or by any such order, with respect to a bridge crossing a canal shall take such steps as may be necessary to prevent, so far as practicable, interference with traffic on the canal.

(7) The consent of the owners of a canal to the temporary stoppage of traffic on it pursuant to subsection (6) above shall not be unreasonably withheld, and any question whether the withholding of such a consent is unreasonable shall be determined by the Minister.

(8) In sections 93 and 94 above and in this section—

“approaches” in relation to a bridge, means approaches for the maintenance of which the owners of the bridge are responsible and which connect the bridge to the highway maintainable at the public expense;

“trunk road bridge” means a bridge the highway over which is a trunk road or partly a trunk road;

“canal” includes inland navigation;

and for the purposes of the said sections the towing path of a canal is to be deemed to form part of the canal.

(9) Sections 93 and 94 above and this section do not apply to any bridge which crosses the Manchester Ship Canal and is owned by the Manchester Ship Canal Company.

Miscellaneous improvements

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

96

(1) Subject to the provisions of this section, a highway authority may, in a highway maintainable at the public expense by them, plant trees and shrubs and lay out grass verges, and may erect and maintain guards or fences and otherwise do anything expedient for the maintenance or protection of trees, shrubs and grass verges planted or laid out, whether or not by them, in such a highway.

(2) A highway authority may alter or remove any grass verge laid out, whether or not by them, in a highway maintainable at the public expense by them and any guard, fence or other thing provided, whether or not by them, for the maintenance or protection of any tree, shrub or verge in such a highway.

(3) Subject to the following provisions of this section, a highway authority may exercise the like powers as are conferred by subsections (1) and (2) above on any land acquired in exercise of powers conferred on them by section 239(2) to (4) below, notwithstanding that the land does not form part of a highway.

(4) A local authority, if they are not the highway authority for a highway maintainable at the public expense in their area, may, with the consent of the highway authority, exercise with respect to that highway any of the powers conferred by subsections (1) and (2) above on the highway authority.

(5) Subject to the restrictions for the time being imposed by any enactment on their expenditure, the council of a parish or community may, with the consent of the highway authority for a highway maintainable at the public expense in the parish or community, exercise with respect to that highway any of the powers conferred by subsections (1) and (2) above on the highway authority.

(6) No tree, shrub, grass verge, guard or fence shall be planted, laid out or erected under this section, or, if planted, laid out or erected under this section, allowed to remain, in such a situation as to hinder the reasonable use of the highway by any person entitled to use it, or so as to be a nuisance or injurious to the owner or occupier of premises adjacent to the highway.

(7) If damage is caused to the property of any person by anything done in exercise of the powers conferred by this section, that person is entitled, subject to subsection (8) below, to recover compensation for it from the authority or parish or community council by whom the powers were exercised.

(8) A person is not entitled to compensation under subsection (7) above if his negligence caused the damage; and if his negligence contributed to the damage the compensation under that subsection shall be reduced accordingly.

(9) Any two or more highway authorities on whom powers are conferred by this section may by agreement exercise those powers jointly, and the agreement may provide for the apportionment of any expenses incurred under it.

(10) References in this section to trees or shrubs are to be construed as including references to plants of any description.

Lighting of highways

97

(1) A highway authority may provide lighting for the purposes of any highway or proposed highway for which they are or will be the highway authority, and may for that purpose—

(a) contract with any persons for the supply of gas, electricity or other means of lighting; and

(b) construct and maintain such lamps, posts and other works as they consider necessary.

(2) A highway authority may alter or remove any works constructed by them under this section or vested in them under Part III of the Local Government Act 1966 or section 270 below.

(3) A highway authority shall pay compensation to any person who sustains damage by reason of the execution of works under this section.

(4) Section 45 of the Public Health Act 1961 (attachment of street lamps to buildings) and section 81 of that Act (summary recovery of damages for negligence) apply to a highway authority who are not a council of a kind therein mentioned as they apply to such a council.

Delegation of lighting functions of highway authority

98

(1) A highway authority may agree with a lighting authority for the delegation to the lighting authority of any of the functions of the highway authority with respect to the lighting of any highway or part of a highway within the area of the lighting authority.

(2) A lighting authority shall, in the discharge of any functions delegated to them under subsection (1) above, act as agents for the highway authority; and it shall be a condition of the delegation—

(a) that the works to be executed or expenditure to be incurred by the lighting authority in the discharge of the delegated functions are to be subject to the approval of the highway authority;

(b) that the lighting authority are to comply with any requirement of the highway authority as to the manner in which any such works are to be carried out, and with any directions of the highway authority 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 highway authority are satisfied that a lighting system in respect of which the functions of that authority are delegated under this section is not in proper repair or condition, they may give notice to the lighting authority requiring them to place it in proper repair or condition, and if the notice is not complied with within a reasonable time may themselves do anything which seems to them necessary to place the system in proper repair or condition.

(4) A highway authority may agree with a lighting authority for the carrying out by the lighting authority of any works in connection with a lighting system provided or to be provided by the highway authority within the area of the lighting authority; and subsections (2) and (3) above apply to the conditions to be included in and to the discharge of functions pursuant to any such agreement, as they apply to the conditions to be attached to a delegation of functions under subsection (1) above and the discharge of functions so delegated.

(5) A delegation to a lighting authority under this section may be determind by notice given to that authority by the highway authority during the first 9 months of any calendar year, and functions delegated to a lighting authority under this section may be relinquished by notice given by that authority to the highway authority during any such period; and any such notice shall take effect as from 1st April in the calendar year following that in which it is given.

Metalling of highways

99

A highway authority may, in relation to a highway maintainable at the public expense by them, execute works for the conversion of the highway into a metalled highway.

Drainage of highways

100

(1) The highway authority for a highway may, for the purpose of draining it or of otherwise preventing surface water from flowing on to it, do all or any of the following:—

(a) construct or lay, in the highway or in land adjoining or lying near to the highway, such drains as they consider necessary;

(b) erect barriers in the highway or in such land as aforesaid to divert surface water into or through any existing drain;

(2) Where under subsection (1) above a drain is constructed or laid, or barriers are erected, for the purpose of draining surface water from a highway or, as the case may be, diverting it into an existing drain, the water may be discharged into or through that drain and into any inland waters, whether natural or artificial, or any tidal waters.

(3) A highway authority shall pay compensation to the owner or occupier of any land who suffers damage by reason of the exercise by the authority of any power under subsection (1) or (2) above.

(4) If a person, without the consent of the highway authority, alters, obstructs or interferes with a drain or barrier which has been constructed, laid or erected by the authority in exercise of their powers under subsection (1) above, or which is under their control, then—

(a) the authority may carry out any work of repair or reinstatement necessitated by his action and may recover from him the expenses reasonably incurred by them in so doing, and

(b) without prejudice to their right to exercise that power, he is guilty of an offence and liable to a fine not exceeding three times the amount of those expenses.

(5) Without prejudice to their powers under the foregoing provisions of this section, a highway authority may, for the purpose of the drainage of a highway or proposed highway for which they are or, as the case may be, will be the highway authority, exercise any powers exercisable by a sewerage undertaker under[sections 158, 159, 163, 165 and 168 of the Water Industry Act 1991]for the purposes of the drainage of highways within the area of that undertaker.

(6) Where the highway authority are a county council they shall, before exercising any powers under[sections 158, 159, 163, 165 and 168 of the Water Industry Act 1991] by virtue of subsection (5) above, give notice of their intention to do so to the district council, and the sewerage undertaker within whose area the powers are proposed to be exercised ; and where the highway authority are a metropolitan district council they shall, before so exercising any powers under that Act, give such notice to the sewerage undertaker within whose area the powers are proposed to be exercised.

(6A) In subsection (6) above, “the district council” shall be read, in relation to Wales, as “the Welsh council”.

(6B) Where the highway authority are a Welsh council—

(a) subsection (6) above does not apply; but

(b) before exercising any powers under sections 158, 159, 163, 165 and 168 of the Water Industry Act 1991 by virtue of subsection (5) above, they shall give notice of their intention to do so—

(i) to the sewerage undertaker; and

(ii) where they propose to exercise those powers outside their county or county borough, to the Welsh council or, as the case may be, the district council

within whose area the powers are proposed to be exercised.

(7) A person who is liable to maintain a highway by reason of tenure, enclosure or prescription shall, for the purpose of draining it, have the like powers as are conferred on a highway authority by subsections (1) and (2) above for that purpose, and subsections (3) and (4) above shall have effect in relation to a highway so maintainable as if references therein to a highway authority and to subsection (1) or (2) above included references to the person liable to maintain that highway and to this subsection respectively.

(8) This section is without prejudice to any enactment the purpose of which is to protect water against pollution.

(9) In this section—

“drain” includes a ditch, gutter, watercourse, soak-away, bridge, culvert, tunnel and pipe; and

“owner”, in relation to any land, 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 land, whether in possession or in reversion, and includes also a person holding or entitled to the rents and profits of the land under a lease the unexpired term of which exceeds 3 years.

Power to fill in roadside ditches etc.

101

(1) If it appears to the highway authority for any highway that a ditch on land adjoining or lying near to the highway constitutes a danger to users of the highway, the authority may—

(a) if they consider the ditch unnecessary for drainage purposes and any occupier of the land known to the authority agrees in writing that it is unnecessary for those purposes, fill it in; or

(b) place in the ditch, or in land adjoining or lying near to it, such pipes as they consider necessary in substitution for the ditch, and thereafter fill it in.

(2) A highway authority shall pay compensation to the owner or occupier of any land who suffers damage by reason of the exercise by the authority of any power under subsection (1) above.

(3) If a person, without the consent of the highway authority, opens up or keeps open any ditch which has been filled in under subsection (1) above (except as may be reasonably necessary for the purpose of doing work on any pipes placed in the ditch), then—

(a) the authority may carry out any work of repair or reinstatement necessitated by his action and may recover from him the expenses reasonably incurred by them in so doing; and

(b) without prejudice to their right to exercise that power, he is guilty of an offence and liable to a fine not exceeding three times the amount of those expenses.

(4) Nothing in section 263 of the Public Health Act 1936 (which prohibits the culverting of watercourses in certain districts without the approval of the local authority) applies to anything done under subsection (1) above.

(5) A highway authority shall not exercise their powers under subsection (1) above in such a manner as to be likely to cause damage to or affect the drainage of any land or works used for the purposes of a railway or canal undertaking, except—

(a) after giving not less than 14 days’ notice to the undertakers of the manner in which it is proposed to exercise those powers; and

(b) in accordance with any reasonable requirements of the undertakers of which notice is given to the authority within 14 days from the date of service of the authority’s notice;

and any question whether any such requirement is reasonable shall, in default of agreement, be determined by the Minister.

(6) In this section, “ditch” includes a watercourse and any part of a ditch or watercourse, and “pipes” including culverts, tunnels and other works.

Provision of works for protecting highways against hazards of nature

102

(1) The highway authority for a highway maintainable at the public expense may provide and maintain such barriers or other works as they consider necessary for the purpose of affording to the highway protection against snow, flood, landslide or other hazards of nature; and those works may be provided on the highway or on land which, or rights over which, has or have been acquired by the highway authority in the exercise of highway land acquisition powers for that purpose.

(2) The powers conferred by subsection (1) above to provide any works shall include power to alter or remove them.

(3) A highway authority shall pay compensation to any person who suffers damage by reason of the execution by them under this section of any works on a highway.

Provision of posts to indicate depth of flood water

103

(1) It shall be the duty of a highway authority to provide, in connection with any highway for which they are the highway authority and which is subject to flooding to any considerable depth, graduated posts or stones in any case where they consider the provision thereof necessary or desirable for the purpose of indicating the depth of water covering the highway.

(2) A highway authority may alter or remove any post or stone provided by them under this section.

Mitigating nuisance of dust

104

A highway authority may, in relation to a highway maintainable at the public expense by them, treat the highway for mitigating the nuisance of dust.

Power to improve road-ferries

105

A highway authority may improve any road-ferry provided by them under this Act.

Part VI — Construction of bridges over and tunnels under navigable waters and diversion etc. of watercourses

Construction of bridges over and tunnels under navigable waters

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

106

(1) Provision may be made by an order made by the Minister under this subsection or under section 10 above (orders for trunk roads) for the construction of a bridge over or a tunnel under any specified navigable waters as part of a trunk road.

(2) Provision may be made by a scheme under section 16 above (schemes for special roads) for the construction of a bridge over or a tunnel under specified navigable waters as part of a special road.

(3) Provision may be made by a scheme made by a local highway authority or a strategic highways company under this subsection, and confirmed by the Minister, for the construction of a bridge over or a tunnel under specified navigable waters as part of a highway or proposed highway which is or is to be a highway (other than a special road) maintainable at the public expense by the authority or company.

(4) Provision may be made by an order under section 14 above (roads that cross or join trunk or classified roads) or section 18 above (supplementary orders relating to special roads)—

(a) for the construction of a bridge over or tunnel under specified navigable waters as part of a highway which is to be altered or constructed in pursuance of the order;

(b) where the order authorises the highway authority by whom it is made to provide a new means of access to any premises from a highway, for the access to be provided by means of a bridge over specified navigable waters and for the construction of the bridge.

(4A) Subsections (1) and (3) are subject to section 33(4) of the Planning Act 2008 (exclusion of powers to make or confirm orders or 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 or schemes in relation to highways for which infrastructure consent required).

(5) Parts I and III of Schedule 1 to this Act have effect as to the making of an order under subsection (1) above, Parts II and III of that Schedule have effect as to the making of a scheme under subsection (3) above and Schedule 2 to this Act has effect as to the validity and date of operation of any such order or scheme.

(6) A scheme under subsection (3) above may be submitted to the Minister jointly by any two or more ... highway authorities, and any such scheme may determine which of those authorities is to be the highway authority for the bridge or tunnel or any part of it, and may provide—

(a) for the performance by that authority, in relation to the bridge or tunnel or that part of it, 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 highway authority in respect of expenditure incurred in the performance of those functions.

(7) References in this section, in relation to any order or scheme, to specified navigable waters are references to such navigable waters (whether the sea, a river or other waters) as may be specified in the order or scheme.

(8) References in the following provisions of this Part of this Act to an order or scheme which provides for the construction of a bridge over or a tunnel under navigable waters are references to any order or scheme made under or by virtue of subsection (1), (2), (3) or (4) above.

Provisions supplementary to section 106

107

(1) Before making or confirming an order or scheme which provides for the construction of a bridge over or a tunnel under navigable waters, the Minister shall take into consideration the reasonable requirements of navigation over the waters affected by the order or scheme.

(2) An order or scheme which provides for the construction of such a bridge shall include such plans and specifications as may be necessary to indicate the position and dimensions of the proposed bridge including its spans, headways and waterways, and in the case of a swing bridge shall contain such provisions as the Minister considers expedient for regulating its operation.

(3) An order or scheme which provides for the construction of such a tunnel shall include such plans and specifications as may be necessary to indicate the position and dimensions of the proposed tunnel, including its depth below the bed of the navigable waters.

(4) If objection to an order or scheme proposed to be made or, as the case may be, to an order or scheme made and proposed to be confirmed, is duly made in accordance with Schedule 1 to this Act by the Environment Agency, the Natural Resources Body for Wales or anynavigation authority on whom notice is required to be served under paragraph 3 or, as the case may be, paragraph 11 of that Schedule, on the ground that the bridge or tunnel is likely to obstruct or impede the performance of their functions under any enactment, or to interfere with the reasonable requirements of navigation over the waters affected by the order or scheme, as the case may be, and the objection is not withdrawn, the order or scheme, as the case may be, shall be subject to special parliamentary procedure.

Diversion etc. of watercourses

Power to divert navigable watercourses

108

(1) An order made under this subsection may authorise a highway authority to divert such part of any navigable watercourse as may be specified in the order if, in the opinion of the authority, the diversion of that part is necessary or desirable in connection with—

(a) the construction, improvement or alteration of a highway;

(b) the provision of a new means of access to any premises from a highway; or

(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) An order under subsection (1) above shall—

(a) if the authority proposing to divert the watercourse is the Minister, be made by him; and

(b) if that authority are a any other highway authority, be made by that authority and confirmed by the Minister.

(3) Parts I and III of Schedule 1 to this Act have effect as to the making of any order under subsection (1) above, and Schedule 2 to this Act has effect as to the validity and date of operation of any such order.

(4) An order or scheme which provides for the construction of a bridge over or a tunnel under any navigable waters may authorise the highway authority by whom the bridge or tunnel is to be constructed to divert such part of any navigable watercourse as may be specified in the order or scheme if, in the opinion of that authority, the diversion of that part is necessary or desirable for purposes connected with the bridge or tunnel, or its construction.

(5) An order under section 14 or 18 above may authorise the highway authority by whom the order is made to divert such part of any navigable watercourse as may be specified in the order if, in the opinion of that authority, the diversion of that part is necessary or desirable in connection with—

(a) the construction or improvement of the trunk road, special road or classified road, as the case may be, to which the order relates;

(b) the construction or alteration of any other highway to which the order relates;

(d) the provision of a maintenance compound in connection with the trunk road, special road or classified road, as the case may be, to which the order relates or, in the case of an order under section 18, the provision of a service area.

(6) Where by virtue of an order under subsection (1) above or an order or scheme falling within subsection (4) or (5) above a highway authority are authorised to divert any part of a navigable watercourse they may also divert any towing path or other way adjacent to that part.

Provisions supplementary to section 108

109

(1) Where a navigable watercourse is to be diverted in pursuance of an order under section 108(1) above or of any order or scheme falling within section 108(4) or (5) above, any new length of watercourse provided in pursuance of the order or scheme shall be such as will or, but for any bridge or tunnel constructed over or under it in pursuance of any order or scheme falling within section 108(4), would be navigable in a reasonably convenient manner by vessels of a kind which immediately before the date of the coming into operation of the order or scheme were accustomed to use that part of the watercourse which is to be replaced by the new length.

(2) Where works for the diversion of a watercourse are carried out by a highway authority in accordance with any such order or scheme and any person suffers damage in consequence thereof by the depreciation of any interest in any land to which he is entitled or by reason of the fact that his right of access to a watercourse is extinguished or interfered with then, unless the works are carried out on land, or in the exercise of rights, acquired compulsorily in the exercise of highway land acquisition powers, that person is entitled to recover from the highway authority compensation under this subsection in respect of that damage.

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

110

(1) Subject to the provisions of this section, a highway authority may divert any part of a watercourse, other than a navigable watercourse, or carry out any other works on any part of a watercourse, including a navigable watercourse, if, in the opinion of that authority, the carrying out of the works is necessary or desirable in connection with—

(a) the construction, improvement or alteration of a highway;

(b) the provision of a new means of access to any premises from a highway; or

(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(4) of the Infrastructure (Wales) Act 2024 (exclusion of power to authorise diversion of non-navigable waters in relation to highways for which infrastructure consent required).

(2) This section does not apply to any works which a highway authority are authorised to carry out by virtue of an order or scheme which has been made or confirmed in accordance with Schedule 1 to this Act.

(3) Before carrying out any works under this section, the highway authority shall consult every council in whose area the works are to be carried out.

(4) Where works are carried out by a highway authority under this section and any person suffers damage in consequence thereof by the depreciation of any interest in any land to which he is entitled or by reason of the fact that his right of access to a watercourse is extinguished or interfered with, then, unless the works are carried out on land, or in the exercise of rights, acquired compulsorily in the exercise of highway land acquisition powers, that person is entitled to recover from the highway authority compensation under this subsection in respect of the damage.

(5) Subject to subsection (7) below, a highway authority who propose to carry out any works under this section shall serve on the owner and the occupier of the land affected a notice stating their intention to carry out those works and describing them and informing him that he may within 28 days after service of the notice on him by notice to the authority object to the proposed works.

(6) If within that period the owner or occupier of the land affected objects to the proposed works and the objection is not withdrawn, then—

(a) if the objection is to works proposed to be carried out by the Minister, he shall consider the objection before carrying them out; and

(b) if the objection is to works proposed to be carried out by a local highway authority or a strategic highways company, they must not be carried out without the consent of the Minister who may grant such consent either unconditionally or subject to such terms and conditions as he thinks just.

(7) Subsections (5) and (6) above do not have effect in relation to works that are to be carried out—

(a) on land that has been acquired by the highway authority in question, either compulsorily or by agreement, in the exercise of highway land acquisition powers, for the purpose of carrying out those works, or

(b) in the exercise of rights so acquired by that authority for that purpose.

Interpretation

Interpretation of Part VI

111

(1) In this Part of this Act “navigable waters” and “navigable watercourse” means waters or a watercourse, as the case may be, over which a public right of navigation exists; and any waterway comprised in the undertaking of Canal & River Trustwhich is for the time being specified in Part I or Part II of Schedule 12 to the Transport Act 1968 (commercial and cruising waterways) is to be deemed to be navigable waters and a navigable watercourse for the purposes of this Part of this Act.

(2) References in this Part of this Act to an order or scheme which provides for the construction of a bridge over or a tunnel under navigable waters are to be construed in accordance with section 106(8) above.

Part VII — Provision of Special Facilities for Highways

Provision of picnic sites and public conveniences for users of trunk roads

112

(1) The Ministeror a strategic highways company may provide on land adjoining, or in the vicinity of, a trunk road . . . a picnic site for motorists and others likely to use the road with space for parking vehicles and a means of access to and from a highway.

An area of any such land as aforesaid in which there are, or are to be, provided such a picnic site, parking space and means of access as aforesaid is in this Act referred to as a “trunk road picnic area”.

(2) The Ministeror a strategic highways company may erect buildings and execute works on a trunk road picnic area for the purpose of providing all or any of the following:—

(a) parking places for vehicles,

(b) a means of access to or from the area from or to a highway,

(d) facilities for the provision and consumption of meals and refreshments,

and may equip buildings erected by himor the company under this subsection with such furniture and apparatus as may be necessary for the purpose of providing such conveniences or facilities.

(3) The Ministeror a strategic highways company may manage a trunk road picnic area (including, in particular, by enforcing controls on parking there and recovering the costs of doing so), but may not provide meals or refreshments on such an area.

(4) The Ministeror a strategic highways company may make arrangements with some other person . . . —

(a) for such conveniences or facilities as are referred to in subsection (2) above to be provided by that other person, or

(b) for meals or refreshments to be provided on the trunk road picnic area by that other person;

and the powers of the Ministeror a strategic highways company under this subsection include power to lease the trunk road picnic area or any part of it to that other person.

(5) The Ministeror a strategic highways company may provide public sanitary conveniences (including lavatories) in proper and convenient situations on or under land forming part of a trunk road . . . , or adjoining, or in the vicinity of, such a road and may manage such conveniences.

(6) The Ministeror the strategic highways company, whichever is highway authority for the trunk road, shall pay compensation to any person who sustains damage by reason of the execution by himor it under this section of any works on or under a trunk road.

(7) A council may contribute towards any expenses incurred by the Ministeror a strategic highways company under this section.

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

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

113

(1) The Ministeror a strategic highways company may by agreement with a council delegate to the council all or any of hisor it functions with respect to the management of a trunk road picnic area or with respect to the management of public sanitary conveniences provided by himor it under section 112(5) above.

(2) Subsections (2) to (4) of section 6 above (discharge of functions delegated ... to council and termination of delegation) apply in relation to functions delegated, and a delegation, to a council under subsection (1) above as they apply in relation to functions delegated, and a delegation, to a council under subsection (1) of that section.

(3) The Ministeror a strategic highways company may enter into agreements with a council—

(a) for the provision by the council on a trunk road picnic area of a picnic site for motorists and others likely to use the road,

(b) for the doing by the council of anything which heor it has power to do on that area under section 112(2) or (3) above, or

so, however, that subsections (2) and (3) of section 6 above apply 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 they apply to the discharge of functions delegated under that section to a council and to the conditions to be attached to any such delegation.

(4) Plant or materials belonging to a council to whom functions are delegated under subsection (1) above or with whom an agreement is made under subsection (3) above may be used by them for the purposes of those functions or of that agreement, subject to the terms of the delegation or agreement.

(5) Where any functions of the Ministeror a strategic highways company as respects a trunk road picnic area stand delegated to a council under subsection (1) above, or are functions of a council by virtue of an agreement under subsection (3) above, then, except in so far as any conditions attached to the delegation or included in the agreement, as the case may be, otherwise provide, that council—

(a) shall make available any relevant facilities and services for those who do not normally reside in the area of the council as freely as for those who do;

(b) shall have power to make reasonable charges for any relevant facilities or sevices;

(c) may arrange for any relevant facilities or services to be provided by some other person and, when they make such arrangements, may authorise that person to make reasonable charges for them; and

(d) may arrange with some other person, other than another council, for the provision by that other person of meals or refreshments on the trunk road picnic area.

References in this subsection to relevant facilities and services are references to facilities and services provided by the council in exercise of powers exercisable by them by virtue of the delegation or agreement referred to in this subsection.

(6) Any power to provide buildings or other premises, or any services or facilities, or anything else, exercisable by a council by virtue of any such delegation or agreement as is referred to in subsection (5) above includes power to enter into agreements with some other person for the use, on such terms as may be agreed, of anything, or any facilities or services, provided by, or under the control of, that other person and, if it appears convenient, for the services of any staff employed in connection therewith.

(7) Where any functions of the Ministeror a strategic highways company with respect to the management or provision of public sanitary conveniences stand delegated to a council under subsection (1) above, or are functions of a council by virtue of an agreement under subsection (3) above, the council may make byelaws as to the conduct of persons using or entering those conveniences.

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

114

(1) Where the highway authority for a highway or proposed highway are or, as the case may be, will be a county council or metropolitan district council they may provide public sanitary conveniences (including lavatories) in proper and convenient situations on or under land adjoining, or in the vicinity of, the highway or proposed highway, and may manage such conveniences.

(2) Before providing any conveniences under subsection (1) above a county council shall give notice of their intention to do so to the council of the district in which the conveniences will be situated.

(2A) In subsection (2) above, the reference to the council of the district in which the conveniences will be situated shall be read in relation to Wales as a reference to the Welsh council in whose area the conveniences will be situated.

(2B) Where the highway authority referred to in subsection (1) above are or, as the case may be, will be a Welsh council—

(a) subsection (2) above does not apply; but

(b) before providing any conveniences under subsection (1) above outside their county or county borough they shall give notice of their intention to do so to the Welsh council or, as the case may be, the district council in whose area the conveniences will be situated.

(3) A county council or metropolitan district council who provide conveniences under subsection (1) above may make byelaws as to the conduct of persons using or entering them.

(4) The powers in subsection (1) are without prejudice to—

(a) section 87 of the Public Health Act 1936 (provision of public conveniences in England);

(b) section 116 of the Public Health (Wales) Act 2017 (local authority power to provide public toilets in Wales).

Provision of areas for parking heavy goods vehicles, etc.

115

(1) A highway authority may provide on land adjoining, or in the vicinity of, a highway or proposed highway for which they are or, as the case may be, will be the highway authority an area, which may be used for all or any of the following purposes;

(a) the parking of heavy goods vehicles;

(b) the transfer of goods to or from any such vehicle from or to any other vehicle; and

An area provided under this section is in this Act referred to as a “lorry area”.

(2) For the purpose of enabling a lorry area to be used as mentioned in subsection (1) above, the highway authority by whom the area is provided may erect buildings and execute works on the area for the purpose of providing all or any of the following:

(a) parking places for heavy goods vehicles and, if the lorry area is to be used for either or both of the purposes mentioned in subsection (1)(b) and (c) above, parking places for other vehicles which will be on the area in connection with that purpose or those purposes;

(b) a means of access to or from the area from or to a highway;

(c) facilities for the accommodation of persons who will be on the lorry area in connection with any purpose for which the area may be used in pursuance of subsection (1) above or with the provision on the area of any such facilities as are mentioned in this subsection;

(d) facilities for the provision of meals and refreshments for such persons as are mentioned in paragraph (c) above;

(e) facilities for handling and storing goods which have been or are to be carried or hauled by heavy goods vehicles;

(f) service station facilities for such vehicles and for other vehicles entitled to be on the lorry area;

(g) sanitary conveniences (including lavatories) for such persons as are mentioned in paragraph (c) above;

and may install or provide in buildings erected by them under this subsection or elsewhere on the lorry area such equipment, furniture and apparatus as may be necessary for the purpose of providing such facilities or conveniences.

(3) A highway authority may make arrangements with some other person, other than a council, for anything which that authority have power to do under subsection (2) above to be done by that other person and may lease the lorry area or any part of it to that other person, but may not themselves operate any such facilities as are mentioned in paragraphs (c), (d), (e) and (f) of that subsection.

(4) Where a lorry area is provided by the Minister under this section he may enter into agreements with a council for the exercise by the council of all or any of his powers under subsection (2) above or of the powers conferred on him in his capacity as a highway authority by virtue of subsection (6) below.

(5) Subsections (2) and (3) of section 6 above (discharge of functions delegated by the Minister to a council) apply to the exercise of the powers of a council under any agreement made under subsection (4) above and to the conditions to be included in any such agreement as they apply to the discharge of functions delegated under that section to a council and to the conditions to be attached to any such delegation.

(6) Section 35 of the Road Traffic Regulation Act 1984 (power to make orders as to use of certain parking places) applies in relation to a lorry area as it applies in relation to an off-street parking place provided under section 32 of that Act, as if for references to a local authority and such a parking place there were substituted references to a highway authority and a lorry area respectively; and section 112 of and Parts I, II, III and IV of Schedule 9 to that Act (provisions with respect to certain orders and offences, including orders and offences under the said section 35) have effect as if—

(a) references therein to the said section 35 and a local authority included references to that section as applied by this subsection and a local highway authority respectively;

(b) references in Part IV of Schedule 9 to a parking place included references to a lorry area; and

(c) the reference in section 112(2) to the local authority for the parking place included a reference to the highway authority by whom the lorry area was provided.

(7) A council may contribute towards any expenses incurred by the Minister under this section.

(8) In this section—

“goods” includes goods or burden of any description;

“heavy goods vehicle” means a motor vehicle constructed or adapted for use for the carriage or haulage of goods and having an unladen weight of 2 tons or more, or a trailer;

“motor vehicle” has the same meaning as in the Road Traffic Act 1988;

“trailer” means a vehicle constructed or adapted for use for the carriage of goods and drawn or intended to be drawn by a motor vehicle.

Part VIII — Stopping up and diversion of highways and stopping up of means of access to highways

Stopping up and diversion of highways

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

116

(1) Subject to the provisions of this section, if it appears to a magistrates’ court, after a view, if the court thinks fit, by any two or more of the justices composing the court, that a highway (other than a trunk road or a special road) as respects which the highway authority have made an application under this section—

(a) is unnecessary, or

(b) can be diverted so as to make it nearer or more commodious to the public,

the court may by order authorise it to be stopped up or, as the case may be, to be so diverted.

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

(3) If an authority propose to make an application under this section for an order relating to any highway (other than a classified road) they shall give notice of the proposal to—

(a) if the highway is in a non-metropolitan district, the council of that district; and

(aa) if the highway is in Wales, the Welsh council for the area in which it is situated if they are not the highway authority for it; and

(b) if the highway is in England, the council of the parish (if any) in which the highway is situated or, if the parish does not have a separate parish council, to the chairman of the parish meeting; and

and the application shall not be made if within 2 months from the date of service of the notice by the authority notice is given to the authority by the district council or Welsh council or by the parish or community council or, as the case may be, by the chairman of the parish meeting that the council or meeting have refused to consent to the making of the application.

(4) An application under this section may be made, and an order under it may provide, for the stopping up or diversion of a highway for the purposes of all traffic, or subject to the reservation of a footpath , bridleway or restricted byway.

(5) An application or order under this section may include 2 or more highways which are connected with each other.

(6) A magistrates’ court shall not make an order under this section unless it is satisfied that the applicant authority have given the notices required by Part I of Schedule 12 to this Act.

(7) On the hearing of an application under this section the applicant authority, any person to whom notice is required to be given under paragraph 1 of Schedule 12, any person who uses the highway and any other person who would be aggrieved by the making of the order applied for, have a right to be heard.

(8) An order under this section authorising the diversion of a highway—

(a) shall not be made unless the written consent of every person having a legal interest in the land over which the highway is to be diverted is produced to and deposited with the court; and

(b) except in so far as the carrying out of the diversion may necessitate temporary interference with the highway, shall not authorise the stopping up of any part of the highway until the new part to be substituted for the part to be stopped up (including, where a diversion falls to be carried out under orders of 2 different courts, any necessary continuation of the new part in the area of the other court) has been completed to the satisfaction of 2 justices of the peace acting in the same local justice area as the court by which the order was made and a certificate to that effect signed by them has been transmitted to the clerk of the applicant authority.

(9) Every order under this section shall have annexed to it a plan signed by the chairman of the court and shall be transmitted by a designated officer for the court to the proper officer of the applicant authority, together with any written consents produced to the court under subsection (8) above.

(10) Part II of Schedule 12 to this Act applies where, in pursuance of an order under this section, a highway is stopped up or diverted and, immediately before the order is made, there is under, in, upon, over, along or across the highway any apparatus belonging to or used by any statutory undertakers for the purpose of their undertaking.

(11) In this section “statutory undertakers” includes operators of driver information systems.

Application for order under section 116 on behalf of another person

117

A person who desires a highway to be stopped up or diverted but is not authorised to make an application for that purpose under section 116 above may request the highway authority. . . to make such an application; and if the authority grant the request they may, as a condition of making the application, require him to make such provision for any costs to be incurred by them in connection with the matter as they deem reasonable.

Stopping up of footpaths and bridleways

118

(1) Where it appears to a council as respects a footpath , bridleway or restricted byway in their area (other than one which is a trunk road or a special road) that it is expedient that the path or way should be stopped up on the ground that it is not needed for public use, the council may by order made by them and submitted to and confirmed by the Secretary of State, or confirmed as an unopposed order, extinguish the public right of way over the path or way.

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

(2) The Secretary of State shall not confirm a public path extinguishment order, and a council shall not confirm such an order as an unopposed order, unless he or, as the case may be, they are satisfied that it is expedient so to do having regard to the extent (if any) to which it appears to him or, as the case may be, them that the path or way would, apart from the order, be likely to be used by the public, and having regard to the effect which the extinguishment of the right of way would have as respects land served by the path or way, account being taken of the provisions as to compensation contained in section 28 above as applied by section 121(2) below.

(3) A public path extinguishment 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 the public right of way is thereby extinguished.

(4) Schedule 6 to this Act has effect as to the making, confirmation, validity and date of operation of public path extinguishment orders.

(5) Where, in accordance with regulations made under paragraph 3 of the said Schedule 6, proceedings preliminary to the confirmation of the public path extinguishment order are taken concurrently with proceedings preliminary to the confirmation of a public path creation order , public path diversion order or rail crossing diversion order then, in considering—

(a) under subsection (1) above whether the path or way to which the public path extinguishment order relates is needed for public use, or

(b) under subsection (2) above to what extent (if any) that path or way would apart from the order be likely to be used by the public,

the council or the Secretary of State, as the case may be, may have regard to the extent to which the public path creation order , public path diversion order or rail crossing diversion order would provide an alternative path or way.

(6) For the purposes of subsections (1) and (2) above, any temporary circumstances preventing or diminishing the use of a path or way by the public shall be disregarded.

(6A) The considerations to which—

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

(b) a council 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 order would extinguish a public right of way.

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

Diversion of footpaths and bridleways

119

(1) Where it appears to a council as respects a footpath , bridleway or restricted byway in their area (other than one that is a trunk road or a special road) that, in the interests of the owner, lessee or occupier of land crossed by the path or way or of the public, it is expedient that the line of the path or way, or part of that line, should be diverted (whether on to land of the same or of another owner, lessee or occupier), the council may, subject to subsection (2) below, by order made by them and submitted to and confirmed by the Secretary of State, or confirmed as an unopposed order,—

(a) create, as from such date as may be specified in the order, any such new footpath , bridleway or restricted byway as appears to the council requisite for effecting the diversion, and

(b) extinguish, as from such date as may be specified in the order or determined in accordance with the provisions of subsection (3) below, the public right of way over so much of the path or way as appears to the council requisite as aforesaid.

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

(2) A public path diversion order shall not alter a point of termination of the path or way—

(a) if that point is not on a highway, or

(b) (where it is on a highway) otherwise than to another point which is on the same highway, or a highway connected with it, and which is substantially as convenient to the public.

(3) Where it appears to the council that work requires to be done to bring the new site of the footpath , bridleway or restricted byway into a fit condition for use by the public, the council shall—

(a) specify a date under subsection (1)(a) above, and

(b) provide that so much of the order as extinguishes (in accordance with subsection (1)(b) above) a public right of way is not to come into force until the local highway authority for the new path or way certify that the work has been carried out.

(4) A right of way created by a public path diversion order may be either unconditional or (whether or not the right of way extinguished by the order was subject to limitations or conditions of any description) subject to such limitations or conditions as may be specified in the order.

(5) Before determining to make a public path diversion order on the representations of an owner, lessee or occupier of land crossed by the path or way, the council may require him to enter into an agreement with them to defray, or to make such contribution as may be specified in the agreement towards,—

(a) any compensation which may become payable under section 28 above as applied by section 121(2) below, or

(b) where the council are the highway authority for the path or way in question, any expenses which they may incur in bringing the new site of the path or way into fit condition for use for the public, or

(c) where the council are not the highway authority, any expenses which may become recoverable from them by the highway authority under the provisions of section 27(2) above as applied by subsection (9) below.

(6) The Secretary of State shall not confirm a public path diversion order, and a council shall not confirm such an order as an unopposed order, unless he or, as the case may be, they are satisfied that the diversion to be effected by it is expedient as mentioned in subsection (1) above, and further that the path or way will not be substantially less convenient to the public in consequence of the diversion and that it is expedient to confirm the order having regard to the effect which—

(a) the diversion would have on public enjoyment of the path or way as a whole,

(b) the coming into operation of the order would have as respects other land served by the existing public right of way, and

(c) any new public right of way created by the order would have as respects the land over which the right is so created and any land held with it,

so, however, that for the purposes of paragraphs (b) and (c) above the Secretary of State or, as the case may be, the council shall take into account the provisions as to compensation referred to in subsection (5)(a) above.

(6A) The considerations to which—

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

(b) a council 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 order would create or extinguish a public right of way.

(7) A public path diversion 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,—

(a) showing the existing site of so much of the line of the path or way as is to be diverted by the order and the new site to which it is to be diverted,

(b) indicating whether a new right of way is created by the order over the whole of the new site or whether some part of it is already comprised in a footpath , bridleway or restricted byway, and

(8) Schedule 6 to this Act has effect as to the making, confirmation, validity and date of operation of public path diversion orders.

(9) Section 27 above (making up of new footpaths , bridleways and restricted byways) applies to a footpath , bridleway or restricted byway created by a public path diversion order with the substitution, for references to a public path creation order, of references to a public path diversion order and, for references to section 26(2) above, of references to section 120(3) below.

Exercise of powers of making public path extinguishment and diversion orders

120

(1) Where a footpath , bridleway or restricted byway lies partly within and partly outside the area of a council the powers conferred by sections 118 , 118A, 119 and 119A above on the council extend, subject to subsection (2) below, to the whole of the path or way as if it lay wholly within their area.

(1A) Where a council are the highway authority for only part of a highway, the powers conferred on the council by sections 118B, 119B and 119D above are exercisable with respect to the whole of the highway, but subject to subsection (2) and only with the consent of every other council which is a highway authority for any other part with respect to which the powers are exercised.

(2) The powers of making orders under sections 118 to 119D above are not exercisable by a council—

(a) with respect to any part of a highway which is within their area, without prior consultation with any other council in whose area that part of the highway is situated;

(b) with respect to any part of a highway which is outside their area, without the consent of every council in whose area it is; and

(c) with respect to any part of a highway in a National Park, without prior consultation with Natural England (if the National Park is in England) or the Natural Resources Body for Wales (if the National Park is in Wales).

(3) Where it appears to the Secretary of State as respects a footpath, bridleway or restricted byway that it is expedient as mentioned in section 118(1) or 118A(1) or 119A(1) above that the path or way should be stopped up or diverted, or where it appears to the Secretary of State as respects a relevant highway as defined by section 118B(2), 119B(2) or 119D(2) that it is expedient as mentioned in section 118B(1)(a) or (b), 119B(1)(a) or (b) or 119D(1)(b) that the highway should be stopped up or diverted or where an owner, lessee or occupier of land crossed by a footpath , bridleway or restricted byway satisfies the Secretary of State that a diversion of it is expedient as mentioned in section 119(1) above, then if—

(a) no council having power to do so have made and submitted to him a public path extinguishment order , a rail crossing extinguishment order, a special extinguishment order, a public path diversion order, a rail crossing diversion order, a special diversion order or an SSSI diversion order, as the case may be, and

(b) the Secretary of State is satisfied that, if such an order were made and submitted to him, he would have power to confirm the order in accordance with the provisions in that behalf of sections 118 to 119D above,

he may himself make the order after consultation (subject to the following provisions of this section) with the appropriate authority and, in the case of an SSSI diversion order, with the appropriate conservation body.

(3A) Where—

(a) the operator of a railway makes a request to a council to make an order under section 118A or 119A above in respect of a crossing over the railway,

(b) the request is in such form and gives such particulars as are prescribed by regulations made by the Secretary of State, and

(c) the council have neither confirmed the order nor submitted it to the Secretary of State within 6 months of receiving the request,

the power conferred on the Secretary of State by subsection (3) above may be exercised without consultation with the council.

(3B) Unless an appeal to the Secretary of State is brought under section 121D(1) below, the power conferred on the Secretary of State by subsection (3) above to make a special extinguishment order or a special diversion order is exercisable only after consultation with the local policing body in whose area the highway lies.

(3C) The power conferred on the Secretary of State by subsection (3) above to make an SSSI diversion order may be exercised even though the appropriate conservation body has not made an application under section 119D above to the council who are the highway authority for the highway.

(3D) Where—

(a) the appropriate conservation body has made an application under section 119D above to a council in respect of a highway for which the council are the highway authority, and

(b) the council have neither confirmed the order nor submitted it to the Secretary of State for confirmation within 6 months of receiving the application,

the power conferred on the Secretary of State by subsection (3) above to make an SSSI diversion order may be exercised without consultation with the council.

(4) A council proposing to make a public path diversion order , a rail crossing diversion order, a special diversion order or an SSSI diversion order such that the authority who will be the highway authority for a part of the highway after the diversion will be a different body from the authority who before the diversion are the highway authority for it shall, before making the order, notify the first mentioned authority.

(5) The Secretary of State may, before determining—

(a) under subsection (3) above, to make a public path diversion order,

(b) under subsection (3) above, to make a public path extinguishment order, special extinguishment order, public path diversion order or special diversion order on an appeal under section 121D(1)(a) below,

(c) to confirm a public path extinguishment order, special extinguishment order, public path diversion order or special diversion order in respect of which an appeal under section 121D(1)(b) or (c) below has been brought, or

(d) under subsection (3) above, to make a rail crossing diversion order on the representations of the operator of the railway concerned,

require the appropriate person to enter into such agreement as he may specify with such council has he may specify for that person to defray, or to make such contribution as may be specified in the agreement towards, any such compensation or expenses as are specified in paragraphs (a), (b) and (c) of section 119(5), or as the case may be, section 118ZA(6), 119A(8) or 119C(3) above.

(6) In subsection (5) above “ the appropriate person ” means—

(a) in a case falling within paragraph (a) of that subsection—

(i) where an appeal under section 121D(1)(a) below has been brought, the appellant, or

(ii) in any other case, the person on whose representations the Secretary of State is acting,

(b) in a case falling within paragraph (b) or (c) of that subsection, the appellant, and

Supplementary provisions as to public path extinguishment and diversion orders

121

(1) A public path extinguishment order , a rail crossing extinguishment order, a special extinguishment order a public path diversion order , a rail crossing diversion order, a special diversion order or an SSSI diversion order affecting in any way the area of more than one council may contain provisions requiring one of the councils to defray, or contribute towards, expenses incurred in consequence of the order by another of the councils; and a public path diversion order , a rail crossing diversion order, a special diversion order or an SSSI diversion order diverting a part of the line of a highway from a site in the area of one local highway authority to a site in the area of another may provide that the first mentioned authority are to continue to be the highway authority for that part of the highway after the diversion.

(2) Section 28 above (compensation for loss caused by public path creation order) applies in relation to public path extinguishment orders , rail crossing extinguishment orders, special extinguishment orderspublic path diversion orders , rail crossing diversion orders, special diversion orders and SSSI diversion orders as it applies in relation to public path creation orders but as if—

(a) the references in it to section 26(2) above were references to section 120(3) above, and

(b) in relation to special extinguishment orders, special diversion orders and SSSI diversion orders, the reference in section 28(4) to a footpath, bridleway or restricted byway included a reference to a highway over which the public have a right of way for vehicular and all other kinds of traffic.

(3) Section 29 above (duty to have regard to agriculture, forestry and nature conservation) applies in relation to the making of public path extinguishment orders , rail crossing extinguishment orders, special extinguishment orders public path diversion orders , rail crossing diversion orders, special diversion orders and SSSI diversion orders as it applies in relation to the making of public path creation agreements and public path creation orders.

(4) The Secretary of State shall not make or confirm a public path extinguishment order , a rail crossing extinguishment order, a special extinguishment order a public path diversion order , a rail crossing diversion order, a special diversion order or an SSSI diversion order, and a council shall not confirm such an order as an unopposed order, if the order extinguishes a right of way over land under, in, upon, over, along or across which there is any apparatus belonging to or used by any statutory undertakers for the purpose of their undertaking unless the undertakers have consented to the making or, as the case may be, confirmation of the order.

(5) A consent under subsection (4) above may be given subject to the condition that there are included in the order such provisions for the protection of the undertakers as they reasonably require, but a consent under that subsection shall not be unreasonably withheld, and any question whether the withholding of such a consent is unreasonable or whether any requirement is reasonable shall be determined by the appropriate Minister.

(5A) Before making a determination under subsection (5) above the appropriate Minister may, if he thinks fit, give any person an opportunity to be heard on the question, and he must either give such an opportunity or cause a local inquiry to be held if a request to be heard with respect to the question to be determined is made—

(a) by the statutory undertakers,

(b) in the case of an order made on an application under section 118ZA, 118C, 119ZA or 119C above, by the person who made the application, and

(5B) The appropriate Minister may appoint any person to exercise on his behalf, with or without payment, the function of determining a question falling to be determined under subsection (5) above.

(5C) Schedule 12ZA to this Act shall have effect with respect to appointments under subsection (5B) above; and subsection (5A) above has effect subject to the provisions of that Schedule.

(5D) Subsections (2) to (5) of section 250 of the Local Government Act 1972 (giving of evidence at, and defraying of costs of, inquiries) shall apply in relation to hearings or local inquiries which the appropriate Minister causes to be held under subsection (5A) above in England as they apply (by virtue of section 302(1) of this Act) to local inquiries which the Secretary of State causes to be held under this Act.

(5E) Section 322A of the Town and Country Planning Act 1990 (orders as to costs where no hearing or inquiry takes place) applies in relation to a hearing or inquiry under subsection (5A) above in England as it applies in relation to a hearing or local inquiry for the purposes referred to in that section, but as if references to the Secretary of State were references to the appropriate Minister.

(5F) Section 322C of the Town and Country Planning Act 1990 (costs: Wales) applies in relation to a hearing or inquiry under subsection (5A) above in Wales as it applies in relation to a hearing or inquiry mentioned in that section.

(6) In subsections (5) to (5E) above the “appropriate Minister” means—

(a) in relation to statutory undertakers carrying on an undertaking for the supply of . . . , . . . , or hydraulic power, the Secretary of State; and

(b) in relation to any other statutory undertakers, the Minister.

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

122

(1) A highway authority who are about to repair or widen a highway, and a person who is about to repair or widen a highway maintainable by him by reason of tenure, enclosure or prescription, may, subject to the provisions of this section, construct on adjoining land a temporary highway for use while the work is in progress.

(2) Where any damage is sustained by the owner or occupier of any land in consequence of the construction of a highway on that land in exercise of a power conferred by this section the owner or occupier of the land may recover compensation in respect of that damage from the authority or other person by whom the highway was constructed.

(3) Nothing in this section authorises interference with land which is part of the site of a house, or is a garden, lawn, yard, court, park, paddock, plantation, planted walk or avenue to a house, or is inclosed land set apart for building or as a nursery for trees.

Saving and interpretation

123

(1) The provisions of any enactment contained in the foregoing provisions of this Part of this Act do not prejudice any power conferred by any other enactment (whether contained in this Part of this Act or not) to stop up or divert a highway, and do not otherwise affect the operation of any enactment not contained in this Part of this Act relating to the extinguishment, suspension, diversion or variation of public rights of way.

(2) Unless the context otherwise requires, expressions in the foregoing provisions of this Part of this Act, other than expressions to which meanings are assigned by sections 328 and 329 below, have the same meanings respectively as in the Town and Country Planning Act 1990.

Stopping up of means of access to highways

Stopping up of private access to highways

124

(1) Subject to subsection (3) below, where the highway authority for a highway consider that a private means of access from the highway to any premises is likely to cause danger to, or to interfere unreasonably with, traffic on the highway, they may be authorised by an order made in accordance with this section to stop up the means of access.

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