Highways Act 1980

The Highways Act 1980 (1980 c.66) is an Act of the Parliament of the United Kingdom dealing with the management and operation of the road network in England and Wales. It consolidated with amendments several earlier pieces of legislation. Many amendments relate only to changes of highway authority, to include new unitary councils and National Parks. By virtue of the Local Government (Wales) Act 1994 and the Environment Act 1995, most references to local authority are taken to also include Welsh councils and National Park authorities. By virtue of the National Assembly for Wales (Transfer of Functions) Order 1999 most references to 'the Minister' are taken to include the National Assembly for Wales. The Act is split into 14 parts covering 345 sections, it also includes 25 schedules.

Part 1: Highway Authorities & Agreements Between Authorities

Part 1 includes sections 1 to 9 of the Act. The legislation contained in these sections covers:

Part 2: Trunk Roads, Classified Roads, Metropolitan Roads, Special Roads

Part 2 includes sections 10 to 23 of the Act. The legislation contained in these sections covers:

Part 3: Creation of Highways

Part 3 includes sections 24 to 35 of the Act. The legislation contained in these sections covers:

Part 4: Maintenance of Highways

Part 4 includes sections 36 to 61 of the Act. The legislation contained in these sections covers:

Part 5: Improvement of Highways

Part 5 includes sections 62 to 105 of the Act. The legislation contained in these sections covers:

Part 6: Navigable Waters & Watercourses

Part 6 includes sections 106 to 111 of the Act. The legislation contained in these sections covers:

Part 7: Provision of Special Facilities

Part 7 includes sections 112 to 115 of the Act. The legislation contained in these sections covers:

Part 8: Stopping up of Highways

Part 8 includes sections 116 to 129 of the Act. The legislation contained in these sections covers:

Part 9: Lawful and Unlawful Interference with Highways

Part 9 includes sections 130 to 185 of the Act. The legislation contained in these sections covers:

Part 10: New Streets

Part 10 includes sections 186 to 202 of the Act. The legislation contained in these sections covers:

Part 11: Making up of Private Streets

Part 11 includes sections 203 to 237 of the Act. The legislation contained in these sections covers:

Part 12: Acquisition, Vesting and Transfer of Land

Part 12 includes sections 238 to 271 of the Act. The legislation contained in these sections covers:

Part 13: Financial Provisions

Part 13 includes sections 272 to 281 of the Act. The legislation contained in these sections covers:

Part 14: Miscellaneous and Supplementary Powers

Part 14 includes sections 282 to 345 of the Act. The legislation contained in these sections covers:

Inquiries
Disputes over compensation
Prosecutions and appeals
Regulations, schemes and orders

Schedules

The Act contains 25 schedules.

Sections of note

Section 38 Agreement

Under Section 38 of the Act, the highway authority may enter into an agreement with a developer of land on either side or both sides of a private street. The Authority can agree to adopt the street as a highway maintainable at public expense when all the street works have been carried out to their satisfaction, and the developer agrees to carry them out within a stated time. It is customary for the developer to enter into a bond for their performance with a bank or building society.

Section 38 Agreements have been criticised because Highways Authorities are usually consultees during the planning process, but are essentially given a second bite of the cherry when a developer wishes to have their road adopted. Often Highways Authorities will request additional requirements to highways in order for them to be adopted in addition to those originally asked for during the planning consultation process.

Section 278 Agreement

A Section 278 Agreement allows private developers to either fund or complete works to public highways outside or beyond the development site itself, such as traffic calming and capacity improvements.

See also

External links