Highways Act 1980 in Scotland
1980 c. 66 · Enacted 13 November 1980 · Extends to United Kingdom
An Act to consolidate the Highways Acts 1959 to 1971 and related enactments, with amendments to give effect to recommendations of the Law Commission.
Annotations to the whole text
Modifications
- C1
Act: definition of "carriageway" applied (1.1.1963) by Pipelines Act 1962 (c. 58, SIF 102), ss. 15(10), 70(3); S.I. 1963/2790, art. 1
Act: definitions ("highway authority", "local highway authority", "special road", "special road authority" and "traffic") applied (1.11.1991) by New Roads and Street Works Act 1991 (c. 22, SIF 59, 108), s. 26(1)(with ss. 25(2), 167(2)); S.I. 1991/2288, art. 3, Sch.
Act: definitions ("highway" and "highway authority") applied (1.12.1991) by Water Industry Act 1991 (c. 56, SIF 130), ss. 219(1), 223(2) (with ss. 82(3), 186(1), 222(1), Sch. 13 para. 1, Sch. 14 para. 6)
Act: definitions ("bridleway" and "footpath") applied (1.12.1991) by Water Industry Act 1991 (c. 56, SIF 130), ss. 167, 223(2), Sch. 11 para. 10 (with ss. 82(3), 186(1), 222(1), Sch. 13 para. 1, Sch. 14 para. 6)
Act: definitions applied (1.12.1991) by Water Industry Act 1991 (c. 56, SIF 130), ss. 183, 223(2), Sch. 13 para. 3(1) (with ss. 82(3), 186(1), 222(1), Sch. 13 para. 1, Sch. 14 para. 6)
Act: definition of "highway" applied (1.12.1991) by Water Resources Act 1991 (c. 57, SIF 130), ss. 221(1), 225(2) (with ss. 16(6), 179, 222(3), 224(1), 225(4), Sch. 22 para. 1)
Act: definitions ("bridleway" and "footpath") applied (1.12.1991) by Water Resources Act 1991 (c. 57, SIF 130), ss. 168, 225(2), Sch. 19 para. 10 (with ss. 16(6), 179, 222(3), 224(1), 225(4), Sch. 22 para. 1)
Act: definitions applied (1.12.1991) by Water Resources Act 1991 (c. 57, SIF 130), ss. 178, 225(2), Sch. 22 para. 3(1) (with ss. 16(6), 179, 222(3), 224(1), 225(4), Sch. 22 para. 1)
Act: definitions ("highway authority" and "local highway authority") applied (14.7.1992) by New Roads and Street Works Act 1991 (c. 22, SIF 59, 108), s. 86(1) (with s. 167(4)(5)); S.I. 1992/1686, art. 3, Sch.
Act: definitions ("carriageway" and "footway") applied (14.7.1992) by New Roads and Street Works Act 1991 (c. 22, SIF 59, 108), s. 105(1) (with s. 167(4)(5)); S.I. 1992/1686, art. 3, Sch.
- C2
Act: functions of Minister of Transport (except those exercisable jointly with Secretary of State under ss. 258, 300(2), Sch. 1 paras. 7, 8, 14, 15, 18, 19, 21) now exercisable by Secretary of State by S.I. 1981/238, arts. 2(2), 3(2)(3)
Act: certain functions made exercisable as specified (25.7.1995) by S.I. 1995/1986, art. 2, Sch. 1 (which affecting provisions were revoked (24.3.2009) by S.I. 2009/721, art. 4(1)(2) (subject to art. 4(3)(4))
Act: powers transferred (1.7.1999) (subject to the specified exceptions in the amending S.I.) by S.I. 1999/672, art. 2, Sch.
- C3
Act extended by Gas Act 1986 (c. 44, SIF 44:2), s. 67(1)(3), Sch. 7 para. 2(1)(xl), Sch. 8 para. 33
Act extended by Electricity Act 1989 (c. 29, SIF 44:1), ss. 112(1)(3), Sch. 16 para. 2(4)(d)(6)(9), Sch. 17 paras. 33, 35(1)
Act extended by Water Act 1989 (c. 15, SIF 130), ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)-(10), 190, 193(1), Sch. 25 para. 1(2)(xxv)(8), Sch. 26 paras. 3(1)(2), 17, 40(4), 57(6), 58
Act extended (10.11.1993) by 1993 c. 28, s. 172(5); S.I. 1993/2762, art. 3
- C4
Act amended (prosp. in part) by Town and Country Planning Act 1990 (c. 8, SIF 123:1), ss. 27, 28 (1)(2)
Act amended by Town and Country Planning Act 1990 (c. 8, SIF 123:1), s. 54(1)
Act amended (1.3.1996) by 1995 c. 45, s. 16(1), Sch. 4 para. 2(1)(xxix); S.I. 1996/218, art. 2
Act amended (1.3.1996) by 1995 c. 45, s. 16(1), Sch. 4 para. 2(6); S.I. 1996/218, art. 2
Act amended (1.4.1996) by S.I. 1996/593, reg. 2, Sch. 1
- C5
Act: power to exclude conferred by Town and Country Planning Act 1990 (c. 8, SIF 123:1), s. 61(3)(b)
Act: power to apply conferred by Town and Country Planning Act 1990 (c. 8, SIF 123:1), s. 247(3)
- C6
Act restricted (1.10.1991) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 60(1); S.I. 1991/2054, art. 3
- C7
Act applied (1.11.1991) by New Roads and Street Works Act 1991 (c. 22, SIF 59, 108), s. 1(2); S.I. 1991/2288, art. 3, Sch.
- C8
Act modified by Channel Tunnel Act 1987 (c. 53, SIF 102), s. 35, Sch. 4 paras. 7(1), 10(1)
Act modified by Dartford-Thurrock Crossing Act 1988 (c. 20, SIF 59), ss. 3, 19, Sch. 3 para. 9
Act modified by Town and Country Planning Act 1990 (c. 8, SIF 123:1), ss. 28, 54, Sch. 2 Pt. I para. 1(2), Pt. III para. 2
Act modified (10.2.1992) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 27, Sch. 4 Pt. III para. 44(9) (with s. 84(5)); S.I. 1991/2095, art. 4
Act modified (13.2.1992) by the Severn Bridges Act 1992 (c. 3), s. 3, Sch. 3 para. 5(3)
Act modified (1.4.1996) by 1990 c. 8, Sch. 2 Pt. IA (inserted (1.4.1996) by 1994 c. 19, s. 20(3), Sch. 5 Pt. II para. 8 (with s. 54(7), Sch. 17 paras. 22(1), 23(2)); S.I. 1995/3198, art. 4, Sch. 2)
Act modified (18.12.1996) by 1996 c. 61, s. 44, Sch. 12 Pt. III para. 8(1)
Act modified (18.12.1996) by 1996 c. 61, s. 44, Sch. 12 Pt. III para. 11
Act modified (28.9.2004 for E. and 15.10.2003 for W.) by Planning and Compulsory Purchase Act 2004 (c. 5), s. 38 (with s. 111); S.I. 2004/2202, art. 2(c) (subject to art. 4); S.I. 2005/2847, art. 2(a) (subject to art. 3)
- C9
Act excluded (26.8.2005) by The River Tyne (Tunnels) Order 2005 (S.I. 2005/2222), art. 10(6) (with arts. 45(1), 48, Sch. 10 paras. 21, 29)
Act excluded (26.8.2005) by The River Tyne (Tunnels) Order 2005 (S.I. 2005/2222), art. 37(1) (with arts. 45(1), 48, Sch. 10 paras. 21, 29)
- C10
Act: certain functions made exercisable as specified (24.3.2009) by The Contracting Out (Highway Functions) Order 2009 (S.I. 2009/721), art. 3, Sch. 1
- C11
Act: power to amend conferred (1.10.2010) by Flood and Water Management Act 2010 (c. 29), ss. 28, 49(3) (with s. 49(1)(6)); S.I. 2010/2169, art. 4, Sch.
- C12
Act excluded (1.2.2011) by The River Mersey (Mersey Gateway Bridge) Order 2011 (S.I. 2011/41), arts. 1, 11(3) (with arts. 3(5), 51, Sch. 10 paras. 68, 85)
- C13
Act: transfer of functions (2.7.2012) by The British Waterways Board (Transfer of Functions) Order 2012 (S.I. 2012/1659), art. 2, Sch. 1 (with arts. 4-6)
- C14
Act applied (with modifications) (18.2.2014) by London Local Authorities and Transport for London Act 2013 (c. v), s. 6
- C15
Act functions made exercisable as specified (E.) (1.4.2015) by The Delegation of Functions (Strategic Highways Companies) (England) Regulations 2015 (S.I. 2015/378), regs. 1(1), 3, Sch. 1 para. 1
Commencement
- I1
Act not in force at Royal Assent, see s. 345(2); Act wholly in force at 1.1.1981
Contents
- 96ADuty of local highway authorities in England to consult before felling street trees
- 281BPower to provide for fees for certain services
- Part XIV: Miscellaneous and Supplementary Provisions
- Savings etc.
- 345Short title, commencement and extent.
- 1AParagraph 1A
- 2AParagraph 2A
- 8AParagraph 8A
- 15AParagraph 15A
- 19AParagraph 19A
- Schedule 24: Consequential Amendments
- Transport Act 1968
- 18Paragraph 18
96ADuty of local highway authorities in England to consult before felling street treesF1
A local highway authority in England must consult members of the public before felling a tree on an urban road (a “street tree”).
A local highway authority must have regard to any guidance given by the Secretary of State to local highway authorities about how to discharge the duty under subsection (1).
The duty under subsection (1) does not apply in a case where—
the street tree has a diameter not exceeding 8 centimetres (measured over the bark, at a point 1.3 metres above ground level),
the authority considers that the street tree is dead,
the authority considers that the street tree is required to be felled—
by virtue of an order under the Plant Health Act 1967, or
under any enactment on the basis that the tree is dangerous,
the authority considers that the street tree is required to be felled in order to comply with—
a duty to make reasonable adjustments in the Equality Act 2010 because the tree is causing an obstruction (see section 20 of that Act), or
a duty in section 29 of that Act (prohibitions on discrimination etc in the provision of services) because the tree is causing an obstruction, or
the felling of the street tree is required for the purpose of carrying out development authorised by—
planning permission granted under section 70, 73, 76D, 77 or 79 F2or, in relation to England, under Part 13 of the Town and Country Planning Act 1990, or
outline planning permission granted under section 92 of that Act.
In subsection (1) “urban road” means a highway, other than a trunk road or classified road, which—
is a restricted road for the purposes of section 81 of the Road Traffic Regulation Act 1984 (30 miles per hour speed limit),
is subject to an order made by virtue of section 84(1)(a) of that Act imposing a speed limit not exceeding 40 miles per hour, or
is otherwise a street in an urban area.
281BPower to provide for fees for certain servicesF1
The appropriate national authority may by regulations make provision for, or in connection with, the charging of fees to highway authorities by prescribed public authorities, in relation to the provision of relevant services.
A “relevant service” means any advice, information or other assistance (including a response to a consultation) provided, whether or not to a highway authority, in connection with—
an order made, or proposed to be made, under Part 2, 6 or 12, or
any other prescribed matter relating to any of those Parts.
The regulations under subsection (1) may, in particular, make provision—
about when a fee (including a supplementary fee) may, and may not, be charged;
about the amount which may be charged;
about what may, and may not, be taken into account in calculating the amount charged;
about which highway authority is liable to pay a fee charged;
about when a fee charged is payable;
about the recovery of fees charged;
about waiver, reduction or repayment of fees;
about the effect of paying or failing to pay fees charged (including provision permitting a prescribed public authority to withhold a relevant service that it would otherwise be required to provide under an enactment until any outstanding fees for that service are paid);
for the supply of information for any purpose of the regulations;
conferring a function, including a function involving the exercise of a discretion, on any person.
A prescribed public authority must have regard to—
any guidance published by the Secretary of State in relation to the exercise of the authority’s functions under regulations made under this section by the Secretary of State;
any guidance published by the Welsh Ministers in relation to the exercise of the authority’s functions under regulations made under this section by the Welsh Ministers.
Regulations under this section may make—
different provision for different purposes or areas;
incidental, consequential, supplementary, transitional or transitory provision or savings.
In this section—
“appropriate national authority” means—
- (a)
in relation to England, the Secretary of State, and
- (b)
in relation to Wales, the Welsh Ministers;
- (a)
“prescribed” means prescribed by regulations made by the appropriate national authority under this section;
“public authority” means any person certain of whose functions are of a public nature.
345Short title, commencement and extent.
This Act may be cited as the Highways Act 1980.
This Act shall come into force on 1st January 1981.
This Act (except paragraph 18(c) of Schedule 24) extends to England and Wales only.
1AF1
Where an order under section 10 of this Act is submitted to the Secretary of State by a strategic highways company, that company must publish, in the manner specified in paragraph 1, the notice there referred to; and that paragraph has effect in relation to the notice 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 Secretary of State and the confirmation of the order respectively.
2AF1
The minimum period is—
30 days from the date of the publication of the notice, in the case of an order proposed by, or submitted to, the Secretary of State;
6 weeks from the date of the publication of the notice, in the case of an order proposed by, or submitted to, the Welsh Ministers.
8AF1
This paragraph applies where the Secretary of State is exercising the functions conferred by paragraph 8.
The Secretary of State must—
decide to make or confirm the proposed order,
decide not to make or confirm the proposed order, or
decide to give notification under paragraph 8(3)(a),
within the period of 10 weeks beginning with the relevant day.
Subject to sub-paragraph (4), the relevant day is the day on which any of the following occurs in relation to the proposed order—
the period specified in the notice published under paragraph 1 or (as the case may be) paragraph 5 expires with no qualifying objection having been received by the Secretary of State;
a qualifying objection is withdrawn with the result that no qualifying objections remain live;
the Secretary of State decides under paragraph 7(2) to dispense with an inquiry;
the Secretary of State receives the report of the person who has held a local inquiry.
In a case where—
the Secretary of State has to decide whether to confirm a related compulsory purchase order, and
the relevant day in relation to that compulsory purchase order is later than the relevant day specified in sub-paragraph (3),
the relevant day for the purposes of sub-paragraph (2) is the relevant day in relation to the compulsory purchase order.
The relevant day in relation to a related compulsory purchase order is the day on which the procedure that must be followed before the Secretary of State can decide whether to confirm the order (not including any duty on the Secretary of State to consider certain matters before taking that decision) is completed.
Where the Secretary of State gives notification under paragraph 8(3)(a), the Secretary of State must decide whether or not to make or confirm the proposed order within the period of 10 weeks beginning with the final day of the period specified under paragraph 8(3)(b).
Sub-paragraphs (4) and (5) apply for postponing the first day of the period referred to in sub-paragraph (6) as they apply for postponing the relevant day for the purposes of sub-paragraph (2).
If the Secretary of State has decided to proceed in accordance with paragraph 8(2), sub-paragraphs (2) to (7) of this paragraph apply separately in relation to each part of the proposals that is being given separate consideration.
The Secretary of State may in any particular case, if the Secretary of State considers it appropriate, extend a period that applies under this paragraph.
The power under sub-paragraph (9) may be exercised—
more than once in relation to the same period;
after the expiry of the period.
The Secretary of State must give written notice of any extension—
in a case where the proposed order has already been made, to the authority that made it, and
to each person who has made a qualifying objection and not withdrawn it.
In this paragraph—
“qualifying objection” means an objection received as described in paragraph 7(1)(a) or (b);
“related compulsory purchase order”, in relation to a proposed order, means a compulsory purchase order proceedings on which could, by virtue of section 257(1), be taken concurrently with any proceedings under this Schedule on the proposed order.
15AF1
This paragraph applies where the Secretary of State is exercising the functions conferred by paragraph 15.
The Secretary of State must—
decide to make or confirm the proposed scheme,
decide not to make or confirm the proposed scheme, or
decide to give notification under paragraph 15(3)(a),
within the period of 10 weeks beginning with the relevant day.
Subject to sub-paragraph (4), the relevant day is the day on which any of the following occurs in relation to the proposed scheme—
the period specified in the notice published under paragraph 10 or (as the case may be) paragraph 12 expires with no qualifying objection having been received by the Secretary of State;
a qualifying objection is withdrawn with the result that no qualifying objections remain live;
the Secretary of State decides under paragraph 14(2) to dispense with an inquiry;
the Secretary of State receives the report of the person who has held a local inquiry.
In a case where—
the Secretary of State has to decide whether to confirm a related compulsory purchase order, and
the relevant day in relation to that compulsory purchase order is later than the relevant day specified in sub-paragraph (3),
the relevant day for the purposes of sub-paragraph (2) is the relevant day in relation to the compulsory purchase order.
The relevant day in relation to a related compulsory purchase order is the day on which the procedure that must be followed before the Secretary of State can decide whether to confirm the order (not including any duty on the Secretary of State to consider certain matters before taking that decision) is completed.
Where the Secretary of State gives notification under paragraph 15(3)(a), the Secretary of State must decide whether or not to make or confirm the proposed scheme within the period of 10 weeks beginning with the final day of the period specified under paragraph 15(3)(b).
Sub-paragraphs (4) and (5) apply for postponing the first day of the period referred to in sub-paragraph (6) as they apply for postponing the relevant day for the purposes of sub-paragraph (2).
If the Secretary of State has decided to proceed in accordance with paragraph 15(2), sub-paragraphs (2) to (7) of this paragraph apply separately in relation to each part of the proposals that is being given separate consideration.
The Secretary of State may in any particular case, if the Secretary of State considers it appropriate, extend a period that applies under this paragraph.
The power under sub-paragraph (9) may be exercised—
more than once in relation to the same period;
after the expiry of the period.
The Secretary of State must give written notice of any extension—
in a case where the proposed scheme has already been made, to the authority that made it, and
to each person who has made a qualifying objection and not withdrawn it.
In this paragraph—
“qualifying objection” means an objection received as described in paragraph 14(1)(a) or (b);
“related compulsory purchase order”, in relation to a proposed scheme, means a compulsory purchase order proceedings on which could, by virtue of section 257(1), be taken concurrently with any proceedings under this Schedule on the proposed scheme.
19AF1
On making or confirming an order or scheme in accordance with this Schedule, the Secretary of State must publish on a government website—
notice of the making or confirmation of the order or scheme,
if the order or scheme was made with modifications, a summary of those modifications, and
either—
a copy of the order or scheme, together with any maps or plans referred to in it, or
an explanation of where and how that documentation can be inspected.
18
In the M1Transport Act 1968—
in section 119(1), for “section 229 of the Highways Act 1959” substitute “ section 266 of the Highways Act 1980 ”, for “section 230 of the said Act of 1959” substitute “ section 267 of the said Act of 1980 ”, for “section 58(2) of the said Act of 1959” substitute “ section 55(2) of the said Act of 1980 ” and for “section 229(3) or 230(2) of the said Act of 1959” substitute “ section 266(5) or 267(2) of the said Act of 1980 ” ;
in section 121(6), for “the Highways Act 1959” substitute “ the Highways Act 1980 ” and for “paragraph (iii) of the proviso to” substitute “ sub-paragraph (2)(c) of ” ;
in section 121(7), for “the Highways Act 1959” substitute “ the Highways Act 1980 ” and for “paragraph (iii) of the proviso to” substitute “ sub-paragraph (2)(c) of ” ,
in section 159(1), in paragraph (a) of the definition of “highway authority”, for “the Highways Act 1959” substitute “ the Highways Act 1980 ”.