# The Contracting Out (Highway Functions) Order 2008, Paragraph 1


Subject to paragraph 9 and except as provided in sub-paragraphs (d), (x), (jj) and (mm), functions conferred on the Secretary of State or a local highway authority, as the highway authority for a highway, in relation to that highway or to highway connected land, by or under any of the following provisions of the 1980 Act—
(a) section 41(1) and (1A) (duty to maintain highways maintainable at public expense);
(b) section 62 (general power of improvement);
(c) section 64 (dual carriageways and roundabouts);
(d) section 65 (cycle tracks), but not including the functions of a local highway authority;
(e) section 66 (footways and guard-rails etc for publicly maintainable highways);
(f) section 68 (refuges);
(g) section 69(1) (subways);
(h) section 70 (footbridges over highways);
(i) section 71 (margins for horses and livestock);
(j) section 75(1) and (2) (variation of widths of carriageways and footways);
(k) section 76 (levelling of highways);
(l) section 77 (alteration of levels);
(m) section 78 (cutting off of corners);
(n) section 80(1), (2), and (3) (power to fence highways);
(o) section 81 (provision of highway boundary posts);
(p) section 84 (maintenance of cattle-grids and by-passes);
(q) section 90 (protection of bridges and railways);
(r) section 90G (powers to carry out traffic calming works);
(s) section 90GA(2) and (3) (special procedure for certain traffic calming works in London);
(t) section 92 (reconstruction of bridge maintainable at public expense);
(u) section 96 (powers of highway and local authorities to plant trees, lay out grass verges etc);
(v) section 97 (lighting of highways);
(w) section 99 (metalling of highways);
(x) section 100(1) to (5), (6) and (6B) (drainage of highways), except insofar as they relate to the power to enter premises under section 168 of the Water Industry Act 1991 (entry for works purposes);
(y) section 101 (power to fill in roadside ditches etc);
(z) section 102 (provision of works for protecting highways against hazards of nature);
(aa) section 103 (provision of posts to indicate depth of flood water);
(bb) section 104 (mitigating nuisance of dust);
(cc) section 105 (power to improve road-ferries);
(dd) section 114 (provision of public conveniences by county council for users of roads for which the Council is the highway authority);
(ee) section 115H(1) (duties to consult or obtain consent of other authorities);
(ff) section 133 (damage to footways of streets by excavations);
(gg) section 139(1) and (2) (control of builders’ skips);
(hh) section 140(2) (removal of builders’ skips);
(ii) section 141(2) (restriction on planting of trees etc in or near carriageway);
(jj) section 150(1), (2) and (4) (duty to remove snow, soil etc from highway), except insofar as they relate to an obstruction in a highway which is the property of any person;
(kk) section 167(2), (5) and (6) (powers relating to retaining walls near streets);
(ll) section 169(1), (2), (3) and (4) (control of scaffolding on highways);
(mm) section 171 (control of deposit of building materials and making of excavations in streets), except insofar as the functions conferred by or under section 171(7) relate to the removal of the property of any person; and
(nn) section 178(1) (restriction on placing rails, beams etc over highways).

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Source: https://www.legislation.gov.uk/ukdsi/2008/9780111471463/schedule/1/paragraph/1 (the official version)
Page: https://openlegislation.uk/draft-contracting-out-highway-functions-order-2008/schedule-1/paragraph-1
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.