Highways Act 1980

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Highways Act 1980
Act of Parliament
Royal Coat of Arms of the United Kingdom (variant 1, 1952-2022).svg
Parliament of the United Kingdom
Long title An Act to consolidate the Highways Acts 1959 to 1971 and related enactments, with amendments to give effect to recommendations of the Law Commission.
Citation 1980 c. 66
Territorial extent  England and Wales, United Kingdom (para. 18(c) of Sch. 24 only)
Dates
Royal assent 13 November 1980
Commencement 1 January 1981
Other legislation
Repeals/revokes
Status: Amended
Text of statute as originally enacted
Revised text of statute as amended
All roads in England and Wales are covered by the Highways Act 1980 Stafford Court and Kensington High Street, London.jpg
All roads in England and Wales are covered by the Highways Act 1980

The Highways Act 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.

Contents

By virtue of the National Assembly for Wales (Transfer of Functions) Order 1999 most references to 'the Minister' are taken to include the Senedd. The act is split into 14 parts covering 345 sections, it also includes 25 schedules.

Part 1: Highway authorities and 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

The M2 motorway is an example of a Special Road Junction 5 on the M2 motorway - geograph.org.uk - 733406.jpg
The M2 motorway is an example of a Special Road

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

Part 3: Creation of highways

An upgraded footpath at Halfway, Sheffield Footpath at Halfway - geograph.org.uk - 979354.jpg
An upgraded footpath at Halfway, Sheffield

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

Network Rail notice quoting the Highways Act 1980. Network Rail - Highways Act 1980 notice.jpg
Network Rail notice quoting the Highways Act 1980.

Private landowners sometimes display a notice quoting Section 31, when there is no dedication of a public right of way. [1]

Part 4: Maintenance of highways

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

Section 38 Agreement

A recently adopted road in Birkenhead New housing development, Birkenhead (1).JPG
A recently adopted road in Birkenhead

Under Section 38 of the Act, the highway authority may agree to adopt private roads. 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, within a stated time. It is customary for the developer to enter into a bond for their performance with a bank or building society.

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 and watercourses

The Worcester and Birmingham Canal was diverted when the M42 motorway (top) was extended to the M5 Canal diversion under the M42 - geograph.org.uk - 154584.jpg
The Worcester and Birmingham Canal was diverted when the M42 motorway (top) was extended to the M5

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

Part 7: Provision of special facilities

A roadside picnic site in County Durham Hurworth Burn Picnic Site - geograph.org.uk - 150775.jpg
A roadside picnic site in County Durham

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:

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. [2] The document is signed by the local highway authority and the developer to ensure that works are completed to the highway authority's satisfaction.

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 26 schedules.

See also

References

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