Highways Act 1980

• (3) Where any such scheme or order as is referred to in subsection (2) above so provides in relation to a road or highway to which it relates or any part thereof, being such a road or highway as is referred to in that subsection, the centre line of that road or highway or that part thereof, as the case may be, may deviate from the centre line as indicated on the map referred to in that subsection within such limits of deviation, not exceeding 55 yards on either side of the centre of that line, as may be specified in the scheme or order.

Provisions as to regulations, schemes and orders

325

• (1) The following powers conferred by this Act on a Minister of the Crown are exercisable by statutory instrument:—

• (a) all powers to make regulations,

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

• (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (d) all powers to make or confirm orders, except those conferred by any of the following provisions of this Act, namely, sections 10, 14, 14B, 18, 20, 26, 27, 108(1), 118, 118A, 118B(4), 119, 119A, 119B(4), 119D120 , 124 and 266B and paragraph 2 of Schedule 21.

• (1A) But powers conferred by this Act on the Welsh Ministers are not exercisable by Welsh statutory instrument (see Schedule 1A to the Legislation (Wales) Act 2019 (anaw 4)) where provision made under the power—

• (a) is of temporary application, or

• (b) is not subject to the Senedd approval procedure, the Senedd confirmation procedure or the Senedd annulment procedure;

(and a power conferred by this Act on the Welsh Ministers to make such a provision includes a power to revoke or vary the provision, which is not exercisable by Welsh statutory instrument).

• (1B) The power of the Welsh Ministers to make regulations under section 281B is exercisable by statutory instrument.

• (2) A statutory instrument containing—

• (a) regulations made under this Act, other than a statutory instrument containing only regulations made under section 120(3A) or 257(4) above or such regulations as are mentioned in subsection (2A) below or regulations made by the National Assembly for Wales under Part 8A or regulations made by the Welsh Ministers under section 281B, or

• (b) an order made under section 14A or 17 or 118B(1)(a) above or 344(4) below,

is subject to annulment in pursuance of a resolution of either House of Parliament.

• (2A) A statutory instrument containing—

• (a) the first regulations for the purposes of section 140A,

• (b) the first regulations for the purposes of section 171A as it applies in relation to erecting or retaining a relevant structure within the meaning of section 169(1) above, or

• (c) the first regulations for the purposes of section 171A as it applies in relation to depositing building materials, rubbish or other things, or making a temporary excavation, as mentioned in section 171(1) above, shall not be made unless a draft of them has been laid before and approved by a resolution of each House of Parliament.

• (2B) A statutory instrument containing regulations made by the Welsh Ministers under section 281B is subject to annulment in pursuance of a resolution of Senedd Cymru.

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

Revocation and variation of schemes and orders

326

• (1) Section 14(b) of the Interpretation Act 1978 (implied power to revoke or amend orders made by statutory instrument) does not apply to an order made under section 74, 93 . . . of this Act.

• (2) An order or scheme made or confirmed by the Minister, or the Secretary of State, under section 10, 14, 14B, 16, 18, . . . 27, 106(3), 108(1), 120, , 124 or 266B of, or paragraph 2 of Schedule 21 to, this Act (which confer power to make orders or schemes otherwise than by statutory instrument) may be revoked or varied by a subsequent order or scheme made or confirmed in the like manner and subject to the like provisions.

• (2A) Subsection (2) does not apply to an order or scheme under section 10, 16 or 106(3) made or confirmed by the Welsh Ministers (but see section 325(1A)).

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

• (5) Without prejudice to subsection (2) above, an order to which this subsection applies confirmed by the Minister, or the Secretary of State, or confirmed as an unopposed order by the authority making it, may be revoked or varied by a subsequent order made or confirmed in the like manner and subject to the like provisions, except that an order confirmed in either way may be revoked or varied by an order confirmed in the other way.

This subsection applies to a public path creation order, 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 an order under section 124 above.

• (6) Subject to the following provisions of this section, a scheme revoking or varying a scheme made or confirmed under section 16 or section 106(3) above, and an order varying or revoking an order made or confirmed under section 10, 14, 14A, 14B, 17, 18, 108(1) , 124 or 266B above may contain such consequential provisions as appear to the Minister to be expedient.

• (7) Where a scheme under section 16 above is revoked by a subsequent scheme, any part of the special road authorised to be provided by the scheme which has been constructed before the date on which the revoking scheme comes into operation and any highway appropriated by or transferred to the special road authority before that date shall cease on that date to be a special road within the meaning of this Act, but shall, where the special road is a trunk road, continue to be a trunk road.

• (8) Where a scheme under section 16 above is varied by a subsequent scheme, subsection (7) above applies in relation to any part of the special road which ceases to form part of a route of that road in consequence of the variation.

• (9) Subject to the foregoing provisions of this section, the revocation or variation of a scheme under section 16 or section 106(3) above does not affect the validity of anything done in pursuance of the scheme before the date on which the revoking or varying scheme comes into force, or the validity of any order made under section 18 above before that date in connection with the special road to be provided under the scheme.

Crown application

Application of Act to Crown land

327

• (1) The provisions of this section apply in relation to any land belonging to Her Majesty in right of the Crown or of the Duchy of Lancaster, or belonging to the Duchy of Cornwall, or belonging to a government department, or held in trust for Her Majesty for the purposes of a government department.

• (2) The appropriate authority in relation to any land and a highway authority may agree that any provisions of this Act specified in the agreement shall apply to that land and, while the agreement is in force, those provisions shall apply to that land accordingly, subject however to the terms of the agreement.

• (3) Any such agreement as is mentioned in subsection (2) above may contain such consequential and incidental provisions, including provisions of a financial character, as appear to the appropriate authority to be necessary or equitable, but provisions of a financial character shall not be included in an agreement made by a government department without approval of the Treasury.

• (4) In this section “the appropriate authority” means—

• (a) in the case of land belonging to Her Majesty in right of the Crown, the Crown Estate Commissioners or other government department having the management of the land in question;

• (b) in the case of land belonging to Her Majesty in right of the Duchy of Lancaster, the Chancellor of that Duchy;

• (c) in the case of land belonging to the Duchy of Cornwall, such person as the Duke of Cornwall, or the possessor for the time being of the Duchy of Cornwall, appoints;

• (d) in the case of land belonging to a government department or held in trust for Her Majesty for the purposes of a government department, that department;

and, if any question arises as to what authority is the appropriate authority in relation to any land, that question shall be referred to the Treasury, whose decision shall be final.

Interpretation

Meaning of " highway "

328

• (1) In this Act, except where the context otherwise requires, “highway” means the whole or a part of a highway other than a ferry or waterway.

• (2) Where a highway passes over a bridge or through a tunnel, that bridge or tunnel is to be taken for the purposes of this Act to be a part of the highway.

• (3) In this Act, “highway maintainable at the public expense” and any other expression defined by reference to a highway is to be construed in accordance with the foregoing provisions of this section.

Further provision as to interpretation

329

• (1) In this Act, except where the context otherwise requires—

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• “Act of 1965” means the Compulsory Purchase Act 1965;

• “adjoining” includes abutting on, and “adjoins” is to be construed accordingly;

• “advance payments code” has the meaning provided by section 203(1) above;

• “agriculture” includes horticulture, fruit growing, seed growing, dairy farming, the breeding and keeping of livestock (including any creature kept for the production of food, wool, skins or fur, or for the purpose of its use in the farming of land), the use of land as grazing land, meadow land, osier land, market gardens and nursery grounds, and the use of land for woodlands where that use is ancillary to the farming of land for other agricultural purposes, and “agricultural” is to be construed accordingly;

• “apparatus” includes any structure constructed for the lodging therein of apparatus;

• “approach”, in relation to a bridge or tunnel, means the highway giving access thereto, that is to say, the surface of that highway together with any embankment, retaining wall or other work or substance supporting or protecting the surface;

• “bridge” does not include a culvert, but, save as aforesaid, means a bridge or viaduct which is part of a highway, and includes the abutments and any other part of a bridge but not the highway carried thereby;

• “bridleway” means a highway over which the public have the following, but no other, rights of way, that is to say, a right of way on foot and a right of way on horseback or leading a horse, with or without a right to drive animals of any description along the highway;

• “by-pass” has the meaning provided by section 82(6) above;

• “canal undertakers” means persons authorised by any enactment to carry on a canal undertaking;

• “carriageway” means a way constituting or comprised in a highway, being a way (other than a cycle track) over which the public have a right of way for the passage of vehicles;

• “cattle-grid” has the meaning provided by section 82(6) above;

• “City” means the City of London;

• “classified road” means a highway or proposed highway which is a classified road in accordance with section 12 above;

• “Common Council” means the Common Council of the City of London;

• “contravention” in relation to a condition, restriction or requirement, includes failure to comply with that condition, restriction or requirement, and “contravene” is to be construed accordingly;

• “council” means a county council . . . or a local authority;

• “cycle track” means a way constituting or comprised in a highway, being a way over which the public have the following, but no other, rights of way, that is to say, a right of way on pedal cycles (other than pedal cycles which are motor vehicles within the meaning of the Road Traffic Act 1988 with or without a right of way on foot;

• “definitive map and statement” has the same meaning as in Part III of the Wildlife and Countryside Act 1981;

• “dock undertakers” means persons authorised by any enactment to carry on a dock undertaking;

• “drainage authority” means the Environment Agency, the Natural Resources Body for Wales or an internal drainage board;

• “driver information system” has the same meaning as in Part II of the Road Traffic (Driver Licensing and Information Systems) Act 1989, and references to an “operator” of a driver information system are references to an operator licensed under that Part of that Act;

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• “enactment” includes an enactment in a local or private Act of Parliament and a provision of an order, scheme, regulations or other instrument made under or confirmed by a public general, local or private Act of Parliament;

• “field-edge path” means a footpath or bridleway that follows the sides or headlands of a field or enclosure;

• “financial year” means a year ending on 31st March;

• “footpath” means a highway over which the public have a right of way on foot only, not being a footway;

• “footway” means a way comprised in a highway which also comprises a carriageway, being a way over which the public have a right of way on foot only;

• “functions” includes powers and duties;

• “GLA road” shall be construed in accordance with section 14D(1) above;

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• “harbour undertakers” means persons authorised by any enactment to carry on a harbour undertaking;

• “highway land acquisition powers” has the meaning provided by section 250(1) above;

• “highway maintainable at the public expense” means a highway which by virtue of section 36 above or of any other enactment (whether contained in this Act or not) is a highway which for the purposes of this Act is a highway maintainable at the public expense;

• “horse” includes pony, ass and mule, and “horseback” is to be construed accordingly;

• “hours of darkness” means the time between half an hour after sunset and half an hour before sunrise;

• “improvement” means the doing of any act under powers conferred by Part V of this Act and includes the erection, maintenance, alteration and removal of traffic signs, and the freeing of a highway or road-ferry from tolls;

• “inland navigation undertakers” means persons authorised by any enactment to carry on an inland navigation undertaking;

• “land” includes land covered by water and any interest or right in, over or under land;

• “lease” includes an underlease and an agreement for a lease or underlease, but does not include an option to take a lease or mortgage, and “lessee” is to be construed accordingly;

• “lighting authority” means a council or other body authorised to provide lighting under section 161 of the Public Health Act 1875 or under section 3 of the Parish Councils Act 1957 or any corresponding local enactment;

• “local authority” means the council of a district or London borough or the Common Council but, in relation to Wales, means a Welsh council;

• “local highway authority” means a highway authority other than the Minister or a strategic highways company;

• “local planning authority” has the same meaning as in the Town and Country Planning Act 1990;

• “lorry area” means an area provided under section 115 above;

• “made-up carriageway” means a carriageway, or a part thereof, which has been metalled or in any other way provided with a surface suitable for the passage of vehicles;

• “maintenance” includes repair, and “maintain” and “maintainable” are to be construed accordingly;

• “maintenance compound” means an area of land (with or without buildings) used or to be used in connection with the maintenance of highways, or a particular highway;

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• “the Minister”, subject to subsection (5) below, means as respects England, the Minister of Transport and as respects Wales, the Secretary of State; and in section 258 of, and paragraphs 7, 8(1) and (3), 14, 15(1) and (3), 18(2), 19 and 21 of Schedule 1 to, this Act, references to the Minister and the Secretary of State acting jointly are to be construed, as respects Wales, as references to the Secretary of State acting alone;

• “navigation authority” means persons authorised by any enactment to work, maintain, conserve, improve or control any canal or other inland navigation, navigable river, estuary, harbour or dock;

• “owner”, in relation to any premises, means a person, other than a mortgagee not in possession, who, whether in his own right or as trustee or agent for any other person, is entitled to receive the rack rent of the premises or, where the premises are not let at a rack rent, would be so entitled if the premises were so let;

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• “pier undertakers” means persons authorised by any enactment to carry on a pier undertaking;

• “premises” includes land and buildings;

• “private street works code” has the meaning provided by section 203(1) above;

• “proposed highway” means land on which, in accordance with plans made by a highway authority, that authority are for the time being constructing or intending to construct a highway shown in the plans;

• “proprietor”, in relation to a school, has the same meaning as in the Education Act 1996;

• “public general enactment” means an enactment in an Act treated as a public general Act under the system of division of Acts adopted in the regnal year 38 George 3, other than an Act for confirming a provisional order;

• “public path creation agreement” means an agreement under section 25 above;

• “public path creation order” means an order under section 26 above;

• “public path diversion order” means an order under section 119 above;

• “public path extinguishment order” means an order under section 118 above;

• “public utility undertakers” means persons authorised by any enactment to carry on any of the following undertakings, that is to say, an undertaking for the supply of . . . gas . . . or hydraulic power;

• “rack rent”, in relation to any premises, means a rent which is not less than two-thirds of the rent at which the premises might reasonably be expected to let from year to year, free from all usual tenant’s rates and taxes, . . . and deducting therefrom the probable average annual cost of the repairs, insurance and other expenses (if any) necessary to maintain the same in a state to command such rent;

• “rail crossing diversion order” means an order under section 119A above;

• “rail crossing extinguishment order” means an order under section 118A above;.

• “railway” includes a light railway;

• “railway undertakers” means persons authorised by any enactment to carry on a railway undertaking;

• “reconstruction”, in relation to a bridge, includes the construction of a new bridge and approaches thereto in substitution for the existing bridge and the approaches thereto;

• “restricted byway” has the same meaning as in Part II of the Countryside and Rights of Way Act 2000;

• “road-ferry” means a ferry connecting the termination of a highway which is, or is to become, a highway maintainable at the public expense with the termination of another highway which is, or is to become, such a highway;

• “road hump” has the meaning provided by section 90F(1);

• “school” has the same meaning as in the Education Act 1996;

• “service area” means an area of land adjoining, or in the vicinity of, a special road, being an area in which there are, or are to be, provided service stations or other buildings or facilities to be used in connection with the use of the special road;

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• “special diversion order” means an order under section 119B(4) above;

• “special enactment” means any enactment other than a public general enactment;

• “special extinguishment order” means an order under section 118B(4) above;

• “special road” means a highway, or a proposed highway, which is a special road in accordance with section 16 above or by virtue of an order granting development consent under the Planning Act 2008 or an infrastructure consent order under the Infrastructure (Wales) Act 2024;

• “special road authority” has the meaning provided by section 16(4) above;

• “SSSI diversion order” means an order under section 119D above;

• “statutory undertakers” means persons authorised by any enactment to carry on any of the following undertakings:—a railway, tramway, road transport, water transport, canal, inland navigation, dock, harbour, pier or lighthouse undertaking, oran undertaking for the supply of . . . . . . . . . or hydraulic power,and “statutory undertaking” is to be construed accordingly;“strategic highways company” means a company for the time being appointed under Part 1 of the Infrastructure Act 2015;

• “street” has the same meaning as in Part III of the New Roads and Street Works Act 1991;

• “street works licence” means a licence under section 50 of the New Roads and Street Works Act 1991, and “licensee” in relation to such a licence, has the meaning given by subsection (3) of that section;

• “swing bridge” includes any opening bridge operated by mechanical means;

• “traffic” includes pedestrians and animals;

• “traffic calming works”, in relation to a highway, means works affecting the movement of vehicular or other traffic for the purpose of— promoting safety (including avoiding or reducing, or reducing the likelihood of, danger connected with terrorism within the meaning of section 1 of the Terrorism Act 2000 (c. 11)), orpreserving or improving the environment through which the highway runs;

• “traffic sign” has the same meaning as in section 64 of the Road Traffic Regulation Act 1984;

• “tramway undertakers” means persons authorised by any enactment to carry on a tramway undertaking;

• “transport undertakers” means persons authorised by any enactment to carry on any of the following undertakings, that is to say, a railway, canal, inland navigation, dock, harbour or pier undertaking, and “transport undertaking” is to be construed accordingly;

• “trunk road” means a highway, or a proposed highway, which is a trunk road by virtue of section 10(1) or section 19 above or by virtue of an order or direction under section 10 above or an order granting development consent under the Planning Act 2008, or an infrastructure consent order under the Infrastructure (Wales) Act 2024, or under any other enactment;

• “trunk road picnic area” has the meaning provided by section 112(1) above;

• “universal service provider” has the same meaning as in Part 3 of the Postal Services Act 2011; and references to the provision of a universal postal service shall be construed in accordance with that Part;

• “water undertakers” means the Environment Agency, the Natural Resources Body for Wales or a water undertaker.

• “Welsh council” means the council of a Welsh county or county borough.

• (2) A highway at the side of a river, canal or other inland navigation is not excluded from the definition in subsection (1) above of “bridleway”, “footpath” or “restricted byway”, by reason only that the public have a right to use the highway for purposes of navigation, if the highway would fall within that definition if the public had no such right thereover.

• (2A) In this Act—

• (a) any reference to a county shall be construed in relation to Wales as including a reference to a county borough;

• (b) any reference to a county council shall be construed in relation to Wales as including a reference to a county borough council; and

• (c) section 17(4) and (5) of the Local Government (Wales) Act 1994 (references to counties and districts to be construed generally in relation to Wales as references to counties and county boroughs) shall not apply.

• (3) In a case where two or more parishes are grouped under a common parish council, references in this Act to a parish are to be construed as references to those parishes.

• (3A) In a case where two or more communities are grouped under a common community council, references in this Act to a community are to be construed as references to those communities.

• (4) Any reference in this Act to property of railway undertakers, canal undertakers, inland navigation undertakers, dock undertakers, harbour undertakers . . . pier undertakers is, where the undertakers are a body to which this subsection applies, to be taken as a reference to property of that body held or used by them wholly or mainly for the purposes of so much of their undertaking as consists of the carrying on of a railway undertaking or, as the case may be, of a canal undertaking, an inland navigation undertaking, a dock undertaking, a harbour undertaking or a pier undertaking.

This subsection applies to the following bodies, namely, the British Railways Board, the British Transport Docks Board, Canal & River Trust, Transport for London, . . . . . . any wholly-owned subsidiary (within the meaning of the Transport Act 1968) or joint subsidiary (within the meaning of section 51(5) of that Act) of any of those bodies other than Transport for London, or any of its subsidiaries (within the meaning of the Greater London Authority Act 1999).

• (4A) Any reference in this Act to apparatus belonging to, or used or maintained by the operator of an electronic communications code network shall have effect as a reference to electronic communications apparatus kept installed for the purposes of that network.

• (5) In relation to that part of the road constructed by the Minister of Transport along the line described in Schedule 1 to the North of Almondsbury—South of Haysgate Trunk Road Order 1947 and referred to in that Order as “the new road” which lies to the east of the most easterly point before reaching the River Wye at which eastbound traffic of Classes I and II (as specified in Schedule 4 to this Act) can leave that road by another special road, the functions of the Minister under this Act shall be exercisable by the Secretary of State for Transport.

• (6) Subsection (5) is subject to the specification of those roads as ones for which a strategic highways company is highway authority under Part 1 of the Infrastructure Act 2015.

Construction of certain enactments relating to execution of works by statutory undertakers

330

• (1) Where by any enactment empowering statutory undertakers to execute works under, in, upon, over, along or across a highway the undertakers are thereby required—

• (a) to give notice to, or obtain the consent or approval of, a council,

• (b) to carry out the works under the superintendence of a council,

• (c) to reinstate the highway to the satisfaction of a council, or

• (d) to do anything in relation to a road for which a county council or metropolitan district council are the highway authority (whether so described or described as a “county road”),

any such requirement, and any provision of the enactment empowering the council to act in default of the undertakers or otherwise to enforce any such requirement, has effect, in relation to a trunk road, with the substitution, for references to the council, of references to the Ministeror a strategic highways company, whichever is highway authority for the trunk road, and, for references to a road for which a county council or metropolitan district council are the highway authority (or a county road), of references to a trunk road.

• (2) Notwithstanding the provisions of any enactment as to the determination of disputes arising between statutory undertakers and a council in connection with the execution of any such works, any such dispute arising in the case of a trunk road between statutory undertakers and the Minister shall be determined by a single arbitrator appointed, in default of agreement between the parties concerned, by the President of the Institution of Civil Engineers.

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

References to functions of council as respects any highway

331

Except where this Act otherwise requires, any enactment or document relating to the functions of a council as respects any highway is, in relation to functions not exercisable in the case of a trunk road by the Ministeror a strategic highways company, to be construed as if references therein to highways included references to trunk roads.

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

332

For the purposes of this Act and of any other enactment relating to highways, the widening of the carriageway of a highway is not to be treated as being otherwise than an improvement by reason only of the fact that it involves diminution or removal of a footway thereon.

Savings etc.

Saving for rights and liabilities as to interference with highways

333

• (1) No provision of this Act relating to obstruction of or other interference with highways is to be taken to affect any right of a highway authority or other person under any enactment not contained in this Act, or under any rule of law, to remove an obstruction from a highway or otherwise abate a nuisance or other interference with the highway, or to affect the liability of any person under such an enactment or rule to proceedings (whether civil or criminal) in respect of any such obstruction or other interference.

• (2) Nothing in section 134 or 135 above relating to disturbance of the surface of a highway in any manner is to be taken as affecting any right existing apart from this Act to disturb its surface in that manner.

Savings for Post Office

334

• (1) Subject to the provisions of this section, nothing in this Act or in any scheme or order made under it affects any rights conferred by or in accordance with the electronic communications code on the operator of an electronic communications code network or any duty of any such operator under that code or applies to any electronic communications apparatus kept installed for the purposes of any such network; . . .

• (2) Where—

• (a) land is conveyed by a highway authority in pursuance of section 256 above, or

• (b) a highway is stopped up or diverted in pursuance of an order to which this paragraph applies,

and immediately before the conveyance or, as the case may be, at the beginning of the day on which the order comes into force there is under, in, upon, over, along or across the land conveyed or, as the case may be, the highway stopped up or diverted any electronic communications apparatus kept installed for the purposes of an electronic communications code network, then the provisions of subsection (3) below have effect.

Paragraph (b) above applies to the following orders, namely an order made or confirmed by the Minister under section 14 or 18 above, a public path extinguishment order , a special extinguishment order, a public path diversion order, a special diversion order and an SSSI diversion order.

• (3) In the circumstances mentioned in subsection (2) above, the operator of the electronic communications code network has the same power in respect of the electronic communications apparatus as if the conveyance had not been made or, as the case may be, the order had not come into force; but the transferee of the land or, as the case may be, any person entitled to land over which the stopped up or diverted highway subsisted shall be entitled to require the alteration of the apparatus.

• (4) Where in pursuance of an order made by a magistrates’ court under section 116 above a highway is stopped up or diverted, the following provisions of this subsection have effect in relation to so much of any electronic communications apparatus kept installed for the purposes of an electronic communications code network as is under, in, upon, over, along or across land which by reason of the stopping up or diversion ceases to be a highway (“the affected apparatus”)—

• (a) the power of the operator of the network to remove the affected apparatus is exercisable notwithstanding the making of the order, so however that the said power is not exercisable, as respects the whole or any part of the affected apparatus, after the expiration of a period of 3 months from the date of the sending of the notice referred to in subsection (5) below unless before the expiration of that period the operator of the network has given notice to the authority on whose application the order was made of his intention to remove the affected apparatus or that part of it, as the case may be;

• (b) the operator of the network may by notice in that behalf to the said authority abandon the affected apparatus or any part of it, and is to be deemed, as respects the affected apparatus or any part of it, to have abandoned it at the expiration of the said period of 3 months unless before the expiration of that period he has removed it or given notice of his intention to remove it;

• (c) the operator of the network is entitled to recover from the said authority the expense of providing, in substitution for the affected apparatus and any electronic communications apparatus connected with it which is rendered useless in consequence of the removal or abandonment of the affected apparatus, any electronic communications apparatus in such other place as he may require;

• (d) where under paragraph (b) above the operator of the network has abandoned the whole or any part of the affected apparatus, it vests in the authority there referred to and shall be deemed, with its abandonment, to cease to be kept installed for the purposes of an electronic communications code network.

• (5) As soon as practicable after the making of an order under section 116 above in circumstances in which subsection (4) above applies in relation to the operator of an electronic communications code network the authority on whose application the order was made shall by notice to the operator inform him of the making of the order.

• (6) Where an order under section 14 or 18 above provides for the alteration of a highway and, immediately before the date on which the order comes into force, there is under, in, upon, over, along or across the highway any electronic communications apparatus kept installed for the purposes of an electronic communications code network, the highway authority shall be entitled to require the alteration of the apparatus.

This subsection does not have effect so far as it relates to the alteration of any electronic communications apparatus for the purposes of major highway works, major bridge works or major transport works within the meaning of Part III of the New Roads and Street Works Act 1991.

• (7) Where in pursuance of an order under section 14 or 18 above a highway is stopped up or diverted, or an order under either of those sections provides for the alteration of a highway, and, immediately before the date on which the order comes into force, there is under, in, upon, over, along or across the highway any electronic communications apparatus kept installed for the purposes of an electronic communications code network then, without prejudice to subsections (2), (3) and (6) above, the provisions of subsection (8) below have effect.

• (8) Part 10 of Schedule 3A to the Communications Act 2003 (the electronic communications code) (which provides a procedure for certain cases where works involve the alteration of electronic communications apparatus) shall apply, for the purposes of the construction or improvement of the trunk road, special road or classified road, as the case may be, to which the order relates and of any works authorised by the order, to the Minister or other highway authority by whom the order in question was made.

• (9) Without prejudice to the provisions of Part III of the New Roads and Street Works Act 1991 relating to major highway works, major bridge works or major transport works Part 10 of the electronic communications code shall apply for the purposes of—

• (a) any work authorised or required by an order under section 93 above to be done by a highway authority or the owners of a bridge,

• (b) any work which a highway authority is authorised to carry out under section 96 above, and

• (c) any work authorised or required by a licence under section 176 above to be done by the person to whom the licence is granted,

to the authority or person authorised or required to carry out the work.

• (10) Where, in pursuance of any order or scheme made or confirmed under this Act, a navigable watercourse is diverted and, immediately before the date on which the order or scheme comes into force, there is under, in, upon, over, along or across the watercourse, or any towing path or other way adjacent to it, any electronic communications apparatus kept installed for the purposes of an electronic communications code network, the operator of that network has the same powers in respect of that apparatus as if the order or scheme had not come into force; but—

• (a) the highway authority by whom the order or scheme was made, or

• (b) any person entitled to land on which so much of the watercourse, towing path or way as is diverted in pursuance of the order or scheme was previously situated,

shall be entitled to require the alteration of the apparatus.

• (11) Paragraph 68 of the electronic communications code (offence) shall be deemed to be omitted for the purposes of the application by this section of Part 10 of the code to the Minister.

• (12) Paragraph 108(2) of the electronic communications code (alteration of apparatus to include moving, removal or replacement of apparatus) shall apply for the purposes of the preceding provisions of this section as it applies for the purposes of that code.

• (13) Part 6 of the electronic communications code (rights to require removal of electronic communications apparatus) shall apply in relation to any entitlement conferred by this section to require the alteration, moving or replacement of any electronic communications apparatus as it applies in relation to an entitlement to require the removal of any such apparatus.

Saving for minerals etc.

335

• (1) Notwithstanding anything in Part XII of this Act all mines and minerals of any description whatsoever under any highway vested in a highway authority by virtue of any provision contained in the said Part XII belong to the person who would be entitled thereto if the highway were not vested in the authority, and the person entitled to any such mine or minerals has the same powers of working and of getting the same as if the highway were not vested in a highway authority.

• (2) Nothing in this section affects any liability (whether civil or criminal) of the person entitled to any such mine or minerals in respect of damage to the highway resulting from the exercise of the said powers.

Saving for Coast Protection Act 1949

336

Nothing in this Act authorises the excavation or removal of any materials the excavation or removal of which is prohibited by section 18 of the Coast Protection Act 1949 (which makes it unlawful except as therein mentioned to excavate or remove certain materials on, under or forming part of any portion of the seashore to which the provisions of that section are applied), or the carrying out of any operation in contravention of section 34 of that Act (which restricts the carrying out of certain operations detrimental to navigation).

Saving for obligation to obtain planning permission

337

Nothing in this Act authorises—

• (a) the carrying out of any development of land for which permission is required by virtue of section 57 of the Town and Country Planning Act 1990 and which is not authorised by permission granted or deemed to be granted under or for the purposes of Part 3 of that Act; ...

• (b) the carrying out of any development for which development consent is required under the Planning Act 2008 and for which development consent has not been granted under that Act;

• (c) the carrying out of any development for which infrastructure consent is required under the Infrastructure (Wales) Act 2024 and for which infrastructure consent has not been given under that Act.

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

338

• (1) Subject to the provisions of this section, nothing in any of the provisions of this Act to which this section applies authorises a highway authority or council, without the consent of the dock, harbour or canal undertakers concerned—

• (a) to execute any works in, across, or under any dock, harbour, basin, wharf, quay or lock; or

• (b) to execute any works which will interfere with the improvement of, or the access to, any river, canal, dock, harbour, basin, lock, reservoir or towing path, or with any works appurtenant thereto or any land necessary for the enjoyment or improvement thereof.

• (2) A consent required for the purposes of subsection (1) above shall not be unreasonably withheld, and if any question arises whether the withholding of a consent is unreasonable either party may require it to be referred to an arbitrator to be appointed, in default of agreement, by the President of the Institution of Civil Engineers.

• (3) On an arbitration under this section, the arbitrator shall determine—

• (a) whether any works which the highway authority or council propose to execute are such works as under subsection (1) above they are not entitled to execute without the consent of the undertakers concerned; and

• (b) if they are such works, whether the injury, if any, to the undertakers will be of such a nature as to admit of being fully compensated by money; and

• (c) if the works are of such a nature, the conditions subject to which the authority or council may execute the works, including the amount of the compensation, if any, to be paid by them to the undertakers.

If the arbitrator determines that the proposed works are such works as the highway authority or council are not entitled to execute without the consent of the undertakers and that the works would cause injury to the undertakers of such a nature as not to admit of being fully compensated by money, the authority or council shall not proceed to execute the works; but in any other case they may execute the works subject to compliance with such conditions, including the payment of such compensation, as the arbitrator determines.

• (4) For the purposes of this section, dock, harbour and canal undertakers are to be deemed to be concerned with any river, canal, dock, harbour, basin, lock, reservoir, towing path, wharf, quay or land if it belongs to them and forms part of their undertaking, or if they have statutory rights of navigating on or using it, or of demanding tolls or dues in respect of navigation thereon or the use thereof.

• (5) This section applies to section 230(7) and section 294 above and to the provisions specified in Schedule 22 of this Act, but subsections (2) and (3) above do not apply as respect a consent required in relation to section 230(7).

• (6) In this section “canal” includes inland navigation.

Saving for works etc. of drainage authorities etc.

339

• (1) Subject to the provisions of this section, nothing in any of the provisions of this Act to which this section applies authorises a highway authority or any other person to use or interfere with any watercourse (including the banks thereof), or any drainage or other works, vested in or under the control of the National Rivers Authority or other drainage body within the meaning of the Land Drainage Act 1991without the consent of the National Rivers Authority or that body.

• (1A) Subsection (1) does not apply in respect of an activity which is a flood risk activity within the meaning of the Environmental Permitting (England and Wales) Regulations 2016 (S.I. 2016/1154) .

• (2) A consent required for the purposes of subsection (1) above shall not be unreasonably withheld, and if any question arises whether the withholding of a consent is unreasonable either party may require it to be referred to an arbitrator to be appointed, in default of agreement, by the President of the Institution of Civil Engineers.

• (3) This section applies to sections 45, 100, 101, 110, 294 and 299 above and to the provisions specified in Schedule 22 to this Act.

• (4) In its application to sections 100, 110, and 299 above this section applies in relation to a navigation authority as it applies in relation to the National Rivers Authority or other drainage body within the meaning of the Land Drainage Act 1991.

Preservation of amendments

340

• (1) Notwithstanding the repeal by this Act of the Highways Act 1959—

• (a) subsection (10) of section 3 of the Parish Councils Act 1957 (which was inserted by section 310 of the Highways Act 1959 and defines “road” for the purposes of the said section 3) continues to have effect, but subject to the amendments made to that subsection, in consequence of this Act, by Schedule 24 to this Act;

• (b) the enactments mentioned in Schedule 22 to the said Act of 1959 continue to have effect with the amendments there made but subject, in the case of such of those enactments as are mentioned in Schedule 24 to this Act, to the amendments made, in consequence of this Act, by the said Schedule 24.

• (2) Notwithstanding the repeal by this Act of the Highways Act 1971 (referred to below as “the 1971 Act”)—

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

• (b) section 3(6) of the New Forest Act 1964 (which provides for the fencing of a source of danger in the New Forest) continues to have effect with the amendment made by section 34(2) of the 1971 Act;

• (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

• (e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Amendment of section 303 of Public Health Act 1875

341

In section 303 of the Public Health Act 1875 (power of Secretary of State to repeal and alter local Acts by means of provisional orders), the reference to any local Act which relates to the same subject matters as that Act is to be construed as including a reference to any local Act which relates to the same subject matters as the following provisions of this Act, namely, sections 288, 294, 312, 338, 339 and the provisions specified in Schedule 22 to this Act.

Amendment of section 41 of Countryside Act 1968

342

In section 41 of the Countryside Act 1968 —

• (a) in subsection (1), at the end of paragraph (c) insert “or” and after that paragraph insert—

(d) a trunk road picnic area as respects which functions of the Minister stand delegated to the local authority under section 113(1) of the Highways Act 1980, or are functions of the local authority by virtue of an agreement under section 113(3) of that Act,

;

• (b) after subsection (1) insert—

(1A) The power of a local authority under subsection (1)(d) above is exercisable only in so far as any conditions attached to the relevant delegation or, as the case may be, included in the relevant agreement do not otherwise provide.

.

Transitional provisions, amendments and repeals

343

• (1) Schedule 23 to this Act, which contains transitional provisions, has effect.

• (2) The enactments specified in Schedule 24 to this Act are, in consequence of this Act, amended as there provided.

• (3) The enactments specified in Schedule 25 to this Act are repealed to the extent specified in the third column of that Schedule.

Application to Isles of Scilly

344

• (1) Subject to the provisions of this section, the provisions of this Act specified in subsection (2) below do not extend to the Isles of Scilly.

• (2) The provisions referred to in subsection (1) above are—

• (a) sections 25 to 29, 118 to 121, 134, 135, 146, 147, 147ZA, 275 and 293; and

• (b) sections 219 to 225 and 229.

• (3) The Secretary of State may, after consultation with the Council of the Isles of Scilly, by order provide that all or any of the provisions of this Act specified in subsection (2)(a) above are, subject to such modifications as may be specified in the order, to apply in the Isles of Scilly as if those Isles were a separate county.

• (4) The Secretary of State may, on the application of the Council of the Isles of Scilly, by order provide that the provisions of this Act specified in subsection (2)(b) above are to apply in those Isles and, on the making of an order under this subsection, any reference in the said provisions to the street works authority is to be construed as a reference to the Council of those Isles.

• (5) On the making of an order under subsection (4) above the Council of the Isles of Scilly shall take such steps for notifying the public of its having been made as the Secretary of State may direct.

• (6) Section 232 above, in its application in the Isles of Scilly, has effect subject to the modification that any reference therein to the street works authority or the prospective street works authority is to be construed as a reference to the Council of those Isles, and any regulations made under that section are in their application to those Isles to be construed accordingly.

• (7) Sections 9, 97, 98, 270 and 301 of this Act, in their application in relation to the Isles of Scilly, have effect subject to such modifications as the Secretary of State may by order direct.

Short title, commencement and extent

345

• (1) This Act may be cited as the Highways Act 1980.

• (2) This Act shall come into force on 1st January 1981.

• (3) This Act (except paragraph 18(c) of Schedule 24) extends to England and Wales only.

SCHEDULE 1

Part I — Orders

1

Where the Minister proposes to make an order under any of the following provisions of this Act, that is to say, section 10, section 18, section 106 or section 108(1), or an order relating to a trunk roadfor which he is the highway authority under section 14 of this Act, he shall prepare a draft of the order and shall publish in at least one local newspaper circulating in the area in which any highway, or any proposed highway, to which the order relates is situated, and in the London Gazette, a notice—

• (a) stating the general effect of the proposed order;

• (b) naming a place in the said area where a copy of the draft order and of any map or plan referred to therein may be inspected by any person free of charge at all reasonable hours during a period specified in the notice, being a period of not less than 6 weeks from the date of the publication of the notice; and

• (c) stating that, within the said period, any person may by notice to the Minister object to the making of the order.

2

Where an order under section 18 or section 108(1) of this Act, or an order relatinga trunk road for which a strategic highways company is the highway authority or to to a classified road under section 14 of this Act, is submitted to the Minister by a ... highway authority, that authority shall publish, in the manner specified in paragraph 1 above, the notice there referred to, and that paragraph shall have effect in relation to a notice published by any such authority as if, for the references to the draft order and the making of the order, there were substituted references to the order as submitted to the Minister and the confirmation of the order respectively.

3

Not later than the day on which the said notice is published or, if it is published on 2 or more days, the day on which it is first published, the Minister, the strategic highways company or the local highway authority, as the case may be, shall serve on each person specified in such head or heads of the Table set out at the end of this paragraph as apply in the case of the order in question—

• (a) a copy of the said notice;

• (b) a copy of the draft order or of the order, as the case may be; and

• (c) a copy of any map or plan referred to in the draft order or the order relating to a matter which, in the opinion of the Minister , of the strategic highways company or of the local highway authority, as the case may be, is likely to affect the said person.

4

Where the proposed order authorises the stopping up or diversion of a highway, the Minister, the strategic highways company or the local highway authority, as the case may be, shall, not later than the day on which the said notice is published or, if it is published on 2 or more days, the day on which it is first published, cause a copy of it to be displayed in a prominent position at the ends of so much of any highway as is proposed to be stopped up or diverted under the order.

5

At any time, whether before or after the expiration of the period specified in the notice in pursuance of paragraph (1)(b) above, the Minister, the strategic highways company or the local highway authority, as the case may be, by whom the notice was published may, by a subsequent notice published in at least one local newspaper circulating in the area in which any highway, or any proposed highway, to which the proposed order relates is situated, and in the London Gazette, substitute for the period specified in the first notice such longer period as may be specified in the subsequent notice.

6

Where the period specified in a notice published by the Minister , a strategic highways company or a local highway authority under paragraph 1 above is extended by a notice published under paragraph 5 above, paragraph 3 above shall apply as if the notice under paragraph 5 were a notice under paragraph 1, but the foregoing provision shall not be taken as requiring a copy of the proposed order or of any map or plan referred to in that order to be served on a person on whom it was previously served.

7

• (1) If any objection to the proposed order is received by the Minister—

• (a) from any person on whom a copy of the notice is required to be served under paragraph 3 above within the period specified in the notice in pursuance of paragraph (1)(b) above or, if that period has been extended by a subsequent notice under paragraph 5 above, within the period specified in the subsequent notice, or

• (b) from any other person appearing to him to be affected within the period specified in the notice or the subsequent notice, as the case may be,

and the objection is not withdrawn, then—

• (i) in the case of an order proposed to be made by the Minister, the Minister and the Secretary of State acting jointly, or

• (ii) in the case of an order made by a ... highway authority and submitted to the Minister, the Minister,

shall, subject to sub-paragraph (2) below, cause a local inquiry to be held.

• (2) Except where the objection is made by a person entitled to receive a copy of the notice relating to the order in question by virtue of paragraph 3 above and such one or more of the following heads of the Table set out at the end of that paragraph, that is to say, heads (i), (ii), (iii) and (iv), as apply in the case of that order, the Minister and the Secretary of State acting jointly or, as the case may be, the Minister may, if satisfied that in the circumstances of the case the holding of an inquiry under this paragraph is unnecessary, dispense with such an inquiry.

8

• (1) After any objections to the proposed order which are not withdrawn and, where a local inquiry is held, the report of the person who held the inquiry have been considered—

• (a) in the case of an order proposed to be made by the Minister, by the Minister and the Secretary of State acting jointly, or

• (b) in the case of an order made by a ... highway authority and submitted to the Minister, by the Minister,

the Minister may make or confirm the order either without modification or subject to such modifications as he thinks fit.

• (2) The power under this paragraph to make or confirm the order includes power to make or confirm it so far as relating to part of the proposals contained in it (either without modification or subject to such modifications as the Minister thinks fit) while deferring consideration of the remaining part; and where the Minister makes or confirms part of the order, that part and the remaining part are each to be deemed for the purposes of this Act to be a separate order.

• (3) Where the Minister proposes to exercise the power to make or confirm the order subject to modifications, and the modifications will in his opinion make a substantial change in the order—

• (a) he shall notify any person who appears to him to be likely to be affected by the proposed modifications;

• (b) he shall give that person an opportunity of making representations to him with respect to the modifications within such reasonable period as he may specify; and

• (c) before he exercises the power, the Minister or, in the case of an order proposed to be made by the Minister, the Minister and the Secretary of State acting jointly shall consider any representations made to the Minister with respect to the proposed modifications within that period.

9

In this Part of this Schedule references to a proposed order or an order proposed to be made include references to an order made by a... highway authority and submitted to the Minister.

Part II — Schemes Under Sections 16 and 106(3)

10

Where the Minister proposes to make a scheme under section 16 of this Act, or where a scheme under that section or section 106(3) of this Act is submitted to the Minister by a ... highway authority, the Minister or that authority, as the case may be, shall publish in at least one local newspaper circulating in the area in which the special road, or, as the case may be, the site of the bridge or tunnel, to which the scheme relates is situated, and in the London Gazette, a notice—

• (a) stating the general effect of the proposed scheme;

• (b) naming a place in the said area where a copy of a draft of the scheme or of the scheme as submitted to the Minister, as the case may be, and of any map or plan referred to in it may be inspected by any person free of charge at all reasonable hours during a period specified in the notice, being a period of not less than 6 weeks from the date of the publication of the notice; and

• (c) stating that, within the said period, any person may by notice to the Minister object to the making or confirmation of the scheme.

11

Not later than the day on which the said notice is published or, if it is published on 2 or more days, the day on which it is first published, the Minister or the other highway authority, as the case may be, shall serve a copy of it (together with a copy of the draft scheme or of the scheme, as the case may be, and of any map or plan referred to in it)—

• (a) on every council in whose area any part of the route of the special road or, as the case may be, the site of the bridge or tunnel is situated; and

• (b) where the scheme provides for the construction of a bridge over or tunnel under any navigable waters, on the Environment Agency, the Natural Resources Body for Wales and every navigation authority concerned with or having jurisdiction over the waters affected or the area comprising those waters.

12

At any time, whether before or after the expiration of the period specified in the notice in pursuance of paragraph 10(b) above, the Minister or, as the case may be, theother highway authority by whom the notice was published may, by a subsequent notice published in at least one local newspaper circulating in the area in which the special road, or, as the case may be, the site of the bridge or tunnel, to which the proposed scheme relates is situated, and in the London Gazette, substitute for the period specified in the first notice such longer period as may be specified in the subsequent notice.

13

Where the period specified in a notice published by the Minister or another highway authority under paragraph 10 above is extended by a notice published under paragraph 12 above, paragraph 11 above, with the omission of the reference to a copy of the draft scheme or of the scheme and of any map or plan referred to in it, shall apply as if the notice under paragraph 12 were a notice under paragraph 10.

14

• (1) If any objection to the proposed scheme is received by the Minister—

• (a) from any council or authority on whom a copy of the notice is required to be served under paragraph 11 above within the period specified in the notice in pursuance of paragraph 10(b) above or, if that period has been extended by a subsequent notice under paragraph 12 above, within the period specified in the subsequent notice, or

• (b) from any other person appearing to him to be affected within the period specified in the notice or the subsequent notice, as the case may be,

and the objection is not withdrawn, then—

• (i) in the case of a scheme proposed to be made by the Minister, the Minister and the Secretary of State acting jointly, or

• (ii) in the case of a scheme made by a ...highway authority and submitted to the Minister, the Minister,

shall, subject to sub-paragraph (2) below, cause a local inquiry to be held.

• (2) Except where the objection is made by any such council or authority as aforesaid, the Minister and the Secretary of State acting jointly or, as the case may be, the Minister may, if satisfied that in the circumstances of the case the holding of an inquiry under this paragraph is unnecessary, dispense with such an inquiry.

15

• (1) After any objections to the proposed scheme which are not withdrawn and, where a local inquiry is held, the report of the person who held the inquiry have been considered—

• (a) in the case of a scheme proposed to be made by the Minister, by the Minister and the Secretary of State acting jointly, or

• (b) in the case of a scheme made by a ...highway authority and submitted to the Minister, by the Minister,

the Minister may make or confirm the scheme either without modification or subject to such modifications as he thinks fit.

• (2) The power under this paragraph to make or confirm the scheme includes power to make or confirm it so far as relating to part of the proposals contained in it (either without modification or subject to such modifications as the Minister thinks fit) while deferring consideration of the remaining part; and where the Minister makes or confirms part of the scheme, that part and the remaining part are each to be deemed for the purposes of this Act to be a separate scheme.

• (3) Where the Minister proposes to exercise the power to make or confirm the scheme subject to modifications, and the modifications will in his opinion make a substantial change in the scheme,—

• (a) he shall notify any person who appears to him to be likely to be affected by the proposed modifications;

• (b) he shall give that person an opportunity of making representation to him with respect to the modifications within such reasonable period as he may specify; and

• (c) before the Minister exercises the power, the Minister or, in the case of a scheme proposed to be made by the Minister, the Minister and the Secretary of State acting jointly shall consider any representations made to the Minister with respect to the proposed modifications within that period.

16

In this Part of this Schedule “proposed scheme” includes a scheme made by a ... highway authority and submitted to the Minister.

Part III — General

17

If, on or after publishing a notice required by Part I or Part II of this Schedule to be published in connection with the making or confirmation of an order or scheme, it appears to the Minister or a other highway authority desirable to do so, he or they shall take such steps, in addition to those required by the said Part I or Part II to be taken, as will in his or their opinion secure that additional publicity is given in the area affected by the order or scheme to the proposals contained in it.

18

• (1) Any person who objects to the making or confirmation of an order or scheme pursuant to this Schedule shall include in the notice of objection a statement of the grounds of objection.

• (2) If any notice of objection to the making or confirmation of an order or scheme pursuant to this Schedule does not state the grounds of objection the Minister or, in the case of an order or scheme proposed to be made by the Minister, the Minister and the Secretary of State acting jointly may disregard the objection.

19

• (1) Where objections to the making or confirmation of an order or scheme pursuant to this Schedule are to be the subject of a local inquiry, the Minister or, in the case of an order or scheme proposed to be made by the Minister, the Minister and the Secretary of State acting jointly may, by notice served on the persons making such objections or by the notice announcing the holding of the inquiry, direct that any person who intends at the inquiry to submit—

• (a) that any highway or proposed highway to which the order or scheme in question relates should follow an alternative route, or

• (b) that, instead of improving, diverting or altering a highway in accordance with the order in question, a new highway should be constructed on a particular route.

shall send to the Minister within such period as may be specified in the notice, being a period not less than 14 days and ending not less than 14 days before the date fixed for the holding of the inquiry, sufficient information about the alternative route or the route of the new highway, as the case may be, to enable it to be identified.

• (2) Where the Minister or the Minister and the Secretary of State acting jointly have given a direction under sub-paragraph (1) above in relation to an inquiry, the person holding the inquiry and the Minister or, as the case may be, those Ministers may disregard so much of any objection as consists of a submission to which the direction applies unless the person making the objection has complied with the direction.

20

Proceedings required by this Schedule to be taken for the purposes of an order relating to a trunk road under section 14 of this Act or for the purposes of an order relating to a special road under section 18 of this Act may be taken concurrently (so far as practicable) with proceedings required by this Schedule to be taken for the purposes of an order under section 10 of this Act or, as the case may be, for the purposes of a scheme under section 16 of this Act, relating to that road.

21

Where—

• (a) proceedings required to be taken for the purposes of an order relating to a trunk road under section 14 of this Act are taken after the making by the Minister of an order relating to that road under section 10 of this Act, or

• (b) proceedings required to be taken for the purposes of an order relating to a special road under section 18 of this Act are taken after the making or confirmation by the Minister of a scheme relating to that road under section 16 of this Act,

the Minister or, in the case of an order proposed to be made by the Minister, the Minister and the Secretary of State acting jointly may disregard any objection to the order under section 14 or 18 which in his or their opinion amounts in substance to an objection to the order under section 10 or, as the case may be, to the scheme under section 16.

SCHEDULE 2

1

• (1) Subject to sub-paragraph (2) below, as soon as may be after a scheme or order to which this Schedule applies has been made or confirmed by the Minister, he shall publish in the London Gazette, and in such other manner as he thinks best adapted for informing persons affected, a notice stating that the scheme or order has been made or confirmed, and naming a place where a copy of it may be inspected free of charge at all reasonable hours.

• (2) There is no requirement under sub-paragraph (1) above to publish a notice in the London Gazette of the making or confirmation of an order under section 124 of this Act; and if an order under that section is one that has been confirmed by a local highway authority the notice relating to it required to be published under sub-paragraph (1) above (otherwise than in the London Gazette) shall be published by that authority.

2

If a person aggrieved by a scheme or order to which this Schedule applies desires to question the validity of it, or of any provision contained in it, on the ground that it is not within the powers of this Act or on the ground that any requirement of this Act or of regulations made under this Act has not been complied with in relation to the scheme or order, he may, within 6 weeks from the date on which the notice required by paragraph 1 above is first published, make an application for the purpose to the High Court.

3

On any such application, the Court—

• (a) may by interim order suspend the operation of the scheme or order, or of any provision contained in 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 scheme or order, or any provision contained in it, 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 such requirement as aforesaid, may quash the scheme or order or any provision contained in it, either generally or in so far as it affects any property of the applicant.

4

Subject to paragraph 3 above, a scheme or order to which this Schedule applies shall not, either before or after it has been made or confirmed, be questioned in any legal proceedings whatever, and shall become operative on the date on which the notice required by paragraph 1 above is first published, or on such later date, if any, as may be specified in the scheme or order.

5

In relation to any scheme or order to which this Schedule applies that is subject to special parliamentary procedure, the foregoing provisions of this Schedule have effect subject to the following modifications:—

• (a) if the scheme or order is confirmed by Act of Parliament under section 6 of the Statutory Orders (Special Procedure) Act 1945, paragraphs 2 to 4 do not apply; and

• (b) in any other case, paragraph 2 has effect as if, for the reference in it to the date on which the notice required by paragraph 1 is first published, there were substituted a reference to the date on which the scheme or order becomes operative under the said Act of 1945, and paragraph 4 has effect as if the words from “and shall become operative” to the end of the paragraph were omitted.

SCHEDULE 3

Part I

1

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

2

Provisions contained in Part V. Section 73.

3

Provisions contained in Part IX. Section 133, section 171(1) and sections 176 and 178.

4

Provisions contained in part XII. Sections 241 and 271.

Part II

5

Provisions contained in Part IX. Sections 151 and 152, section 154(1), 154(4) so far as relating to a notice under 154(1), and sections 163 and 164.

Part III

6

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

7

Provisions contained in Part IX. Section 185.

SCHEDULE 4

SCHEDULE 5

Part I — Modifications in Relation to Land Referred to in Paragraph (a) or (b) of Section 21(2)

1

For references in sections 271, 272, 274, 279(2) to (4), 280 and 282 of the Town and Country Planning Act 1990 (referred to in this Schedule as “the 1990 Act”) to the acquiring or appropriating authority substitute references to the special road authority.

2

In subsection (2) of section 271 and of section 272 for the words from “any development” to “appropriated” substitute “any works in pursuance of the scheme or order, or as the case may be, for the purpose of ensuring that the highway can be safely used as a special road”.

3

The references in subsection (5) of the said section 271 and of the said section 272 and subsections (2) and (3) of the said section 274 to a local authority or statutory undertakers include references to the special road authority, whena strategic highways company or a local highway authority.

4

In paragraph (b) of section 273(1) of the 1990 Act for the words “development to be carried out on the land is” substitute “the works to be executed by the special road authority or, as the case may be, that the effect of the conversion of the highway into a special road, will be”.

5

For subsection (2) of the said section 273 substitute the following:—

(2) No notice under this section shall be served later than 21 days after the date of the commencement of the works or as the case may be, the date of the coming into operation of the order by means of which the highway is appropriated by or transferred to the special road authority.

.

6

For references in subsections (3) and (6) of the said section 273 to the authority or the acquiring or appropriating authority substitute references to the special road authority.

Part II — Modifications in Relation to Land Referred to in Paragraph (c) of Section 21(2)

1

For references in sections 271, 272, 274, 279(2) to (4), 280 and 282 of the 1990 Act to the acquiring or appropriating authority substitute references to the Minister,the strategic highways company, the special road authority or the local highway authority, as the case may be, by whom the order in question was made.

2

In subsection (2) of section 271 and of section 272 for the words from “is necessary” to “appropriated” substitute “is made necessary by the works in connection with which the stopping up or diversion of the highways is or was authorised”.

3

The references in subsection (5) of the said section 271 and of the said section 272 and subsections (2) and (3) of the said section 274 to a local authority or statutory undertakers include references toa strategic highways company or a local highway authority.

4

For subsections (1) and (2) of section 273 of the 1990 Act substitute the following:—

(1) Subject to the provisions of this section, where the stopping up or diversion of a highway is or was authorised by an order under section 14 or section 18 of the Highways Act 1980, and— (a) there is on, under or over the land over which that highway subsists or subsisted any apparatus vested in or belonging to statutory undertakers; and (b) the undertakers claim that the works in connection with which the stopping up or diversion of the highway is or was authorised are such as to require, on technical or other grounds connected with the carrying on of their undertaking, the removal or re-siting of their apparatus, the undertakers may serve on the Minister,the strategic highways company, the special road authority or the local highway authority, as the case may be, by whom the order was made a notice claiming the right to enter on the land and carry out such works for the removal or re-siting of the apparatus or any part of it as may be specified in the notice. (2) No notice under this section shall be served later than twenty-one days after the later of the following dates, that is to say, the date of the coming into operation of the order in question and the date of the commencement of the works in connection with which the stopping up or diversion of the highway is or was authorised.

.

5

For references in subsections (3) and (6) of the said section 273 to the authority or to the acquiring or appropriating authority substitute references to the Minister,the strategic highways company, the special road authority or the local highway authority as the case may be, by whom the order in question was made.

SCHEDULE 6

Part I — Procedure for Making and Confirming Certain Orders Relating to Footpaths , Bridleways and Restricted Byways

1

• (1) Before a public path creation order, 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 is submitted to the Secretary of State for confirmation or confirmed as an unopposed order, the authority by whom the order was made shall give notice in the prescribed form—

• (a) stating the general effect of the order and that it has been made and is about to be submitted for confirmation or to be confirmed as an unopposed order,

• (b) naming a place in the area in which the land to which the order relates is situated where a copy of the order and of the map referred to therein may be inspected free of charge and copies thereof may be obtained at a reasonable charge at all reasonable hours, and

• (c) specifying the time (which shall not be less than 28 days from the date of the first publication of the notice) within which, and the manner in which, representations or objections with respect to the order may be made.

• (2) Before the Secretary of State makes a public path creation order, 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, he shall prepare a draft of the order and shall give notice—

• (a) stating that he proposes to make the order and the general effect of it,

• (b) naming a place in the area in which the land to which the draft order relates is situated where a copy of the draft order and of the map referred to in it may be inspected free of charge and copies thereof may be obtained at a reasonable charge at all reasonable hours, and

• (c) specifying the time (which shall not be less than 28 days from the date of the first publication of the notice) within which, and the manner in which, representations or objections with respect to the draft order may be made.

• (3) The notices to be given under sub-paragraph (1) or (2) above shall be given—

• (a) by publication in at least one local newspaper circulating in the area in which the land to which the order relates is situated;

• (b) by serving a like notice on—

• (i) every owner, occupier and lessee (except tenants for a month or any period less than a month and statutory tenants within the meaning of the Rent (Agriculture) Act 1976 or the Rent Act 1977 and licensees under an assured agricultural occupancy within the meaning of Part I of the Housing Act 1988) of any of that land;

• (ii) every council, the council of every parish or community and the parish meeting of every parish not having a separate parish council, being a council, parish or community whose area includes any of that land;

• (iii) every person on whom notice is required to be served in pursuance of sub-paragraph (3A) or (3B) below; and

• (iv) such other persons as may be prescribed in relation to the area in which that land is situated or as the authority or, as the case may be, the Secretary of State may consider appropriate; and

• (c) by causing a copy of the notice to be displayed in a prominent position—

• (i) at the ends of so much of any footpath , bridleway or restricted byway as is created, stopped up or diverted by the order;

• (ii) at council offices in the locality of the land to which the order relates; and

• (iii) at such other places as the authority or, as the case may be, the Secretary of State may consider appropriate.

• (3A) Any person may, on payment of such reasonable charge as the authority may consider appropriate, require an authority to give him notice of all such public path creation orders, 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 are made by the authority during a specified period, are of a specified description and relate to land comprised in a specified area; and in this sub-paragraph “specified” means specified in the requirement.

• (3B) Any person may, on payment of such reasonable charge as the Secretary of State may consider appropriate, require the Secretary of State to give him notice of all such draft public path creation orders, draft public path extinguishment orders , draft rail crossing extinguishment orders, draft special extinguishment orders draft public path diversion orders , draft rail crossing diversion orders, draft special diversion orders and draft SSSI diversion orders as are prepared by the Secretary of State during a specified period, are of a specified description and relate to land comprised in a specified area; and in this sub-paragraph “specified” means specified in the requirement.

• (3C) The Secretary of State may, in any particular case, direct that it shall not be necessary to comply with sub-paragraph (3)(b)(i) above; but if he so directs in the case of any land, then in addition to publication the notice shall be addressed to “The owners and any occupiers” of the land (describing it) and a copy or copies of the notice shall be affixed to some conspicuous object or objects on the land.

• (4) Where under this paragraph a notice is required to be served on an owner of land and the land belongs to an ecclesiastical benefice of the Church of England, a like notice shall be served on the Diocesan Board of Finance for the diocese in which the land is situated.

• (4A) Sub-paragraph (3)(b) and (c) and, where applicable, sub-paragraphs (3C) and (4) above shall be complied with not less than 28 days before the expiration of the time specified in the notice.

• (4B) A notice required to be served by sub-paragraph (3)(b)(i), (ii) or (iv) above shall be accompanied by a copy of the order.

• (4C) A notice required to be displayed by sub-paragraph (3)(c)(i) above at the ends of so much of any way as is affected by the order shall be accompanied by a plan showing the general effect of the order so far as it relates to that way.

• (4D) In sub-paragraph (3)(c)(ii) above “council offices” means offices or buildings acquired or provided by a council or by the council of a parish or community or the parish meeting of a parish not having a separate parish council.

2

• (1) If no representations or objections are duly made, or if any so made are withdrawn, then—

• (a) the Secretary of State may, if he thinks fit, confirm or make the order, as the case may be, with or without modifications;

• (b) the authority by whom the order was made (where not the Secretary of State) may, instead of submitting the order to the Secretary of State, themselves confirm the order (but without any modification).

• (2) If any representation or objection duly made is not withdrawn, the Secretary of State shall, before confirming or making the order, as the case may be, if the objection is made by a local authority cause a local inquiry to be held, and in any other case either—

• (a) cause a local inquiry to be held, or

• (b) afford to any person by whom any representation or objection has been duly made and not withdrawn an opportunity of being heard by a person appointed by him for the purpose,

and, after considering the report of the person appointed to hold the inquiry or to hear representations or objections, may, subject as provided below, confirm or make the order, as the case may be, with or without modifications.

In the case of a public path creation order , a public path diversion order, a special diversion order or an SSSI diversion orderif objection is made by statutory undertakers on the ground that the order provides for the creation of a public right of way over land covered by works used for the purposes of their undertaking or the curtilage of such land, and the objection is not withdrawn, the order is subject to special parliamentary procedure.

• (3) Notwithstanding anything in the foregoing provisions of this paragraph, the Secretary of State shall not confirm or make an order so as to affect land not affected by the order as submitted to him or the draft order prepared by him, as the case may be, except after—

• (a) giving such notice as appears to him requisite of his proposal so to modify the order, specifying the time (which shall not be less than 28 days from the date of the first publication of the notice) within which, and the manner in which, representations or objections with respect to the proposal may be made,

• (b) holding a local inquiry or affording to any person by whom any representation or objection has been duly made and not withdrawn an opportunity of being heard by a person appointed by him for the purpose, and

• (c) considering the report of the person appointed to hold the inquiry or to hear representations or objections, as the case may be,

and, in the case of a public path creation order , a public path diversion order, a special diversion order or an SSSI diversion order if objection is made by statutory undertakers on the ground that the order as modified would provide for the creation of a public right of way over land covered by works used for the purposes of their undertaking or the curtilage of such land, and the objection is not withdrawn, the order is subject to special parliamentary procedure.

3

• (1) The Secretary of State may, subject to the provisions of this Part of this Schedule, by regulations make such provision as to the procedure on the making, submission and confirmation of orders to which this Schedule applies as appears to him to be expedient.

• (2) Provision may be made by regulations of the Secretary of State for enabling proceedings preliminary to the confirmation of a public path extinguishment order , a rail crossing extinguishment order or a special extinguishment order to be taken concurrently with proceedings preliminary to the confirmation of a public path creation order , a public path diversion order , a rail crossing diversion order, a special diversion order or an SSSI diversion order.

• (3) In this Part of this Schedule—

• (a) “local authority” means—

• (i) a billing authority or a precepting authority, as defined in section 69 of the Local Government Finance Act 1992;

• (ia) a fire and rescue authority in Wales constituted by a scheme under section 2 of the Fire and Rescue Services Act 2004 or a scheme to which section 4 of that Act applies;

• (ii) a levying body within the meaning of section 74 of the Local Government Finance Act 1988; and

• (iii) a body as regards which section 75 of that Act applies

• (b) “prescribed” means prescribed by regulations made by the Secretary of State;

and for the purposes of this Schedule the Civil Aviation Authority , a person who holds a licence under Chapter I of Part I of the Transport Act 2000 (to the extent that the person is carrying out activities authorised by the licence) and a universal service provider in connection with the provision of a universal postal service are to be deemed to be statutory undertakers and their undertakings statutory undertakings.

• (3ZA) For the purposes of sub-paragraph (3) above the undertaking of a person who holds a licence under Chapter I of Part I of the Transport Act 2000 shall not be considered to be a statutory undertaking except to the extent that it is the person’s undertaking as licence holder.

• (3A) For the purposes of sub-paragraph (3) above the undertaking of a universal service provider shall be taken to be his undertaking so far as it relates to the provision of a universal postal service.

Part II — Validity and Date of Operation of Certain Orders Relating to Footpaths , Bridleways and Restricted Byways

4

• (1) As soon as may be after an order to which this Schedule applies has been confirmed or made by the Secretary of State or confirmed as an unopposed order, the authority by whom the order was made or, in the case of an order made by the Secretary of State, the Secretary of State, shall publish, in the manner required in relation to the class of order in question by paragraph 1(3) above, a notice in the prescribed form describing the general effect of the order, stating that it has been confirmed or made, and naming a place where a copy of it as confirmed or made may be inspected free of charge and copies thereof may be obtained at a resonable charge at all reasonable hours, and—

• (a) serve a like notice on any persons on whom notices were required to be served under paragraph 1(3)(b), (3C) or (4) above; and

• (b) cause like notices to be displayed in the like manner as the notices caused to be displayed under paragraph 1(3)(c) above;

• (2) A notice required to be served by sub-paragraph (1)(a) above, on—

• (a) a person on whom notice was required to be served by paragraph 1(3)(b)(i) or (ii) above; or

• (b) in the case of an order which has been confirmed or made with modifications, a person on whom notice was required to be served by paragraph 1(3)(b)(iv) above,