Highways Act 1980

Highway authorities E+W

1 Highway authorities: general provision. E+W

(1) The Minister is[F1 , subject to subsection (1A),] the highway authority for—

(a) any highway which is a trunk road;

F2 [( aa ) any special road provided by him;]

(b) any highway as respects which an order made by him under any enactment expressly provides that he is to be the highway authority for it but does not direct that the highway is to be a trunk road;

(c) any highway (not falling within paragraph (a) above) transferred to him by an order under section 14 or 18 below;

(d) any other highway being a highway constructed by him, except where by virtue of section 2, 4(3) or 5(2) below or by virtue of some other enactment a local highway authority are the highway authority for it or where by means of an order made under section 14 or 18 below the highway is transferred to a local highway authority.

[F3 (e) any highway for which he becomes the highway authority by virtue of section 2 of the Infrastructure Act 2015.]

[F4 (1A) A strategic highways company is the highway authority for—

(a) any highway specified in the appointment of the company in accordance with Part 1 of the Infrastructure Act 2015;

(b) any highway that is directed to become a trunk road and for which that company is directed to be highway authority under section 10;

(c) any special road provided by the company;

(d) any highway for which an order made under any enactment expressly provides for that company to be the highway authority;

(e) any highway transferred to the company by an order under section 14 or 18;

(f) any other highway constructed by the company except where—

(i) by virtue of section 4(3) or 5(2) or some other enactment, a local highway authority is the highway authority for it; or

(ii) by means of an order under section 14 or 18 the highway is transferred to a local highway authority.

Paragraphs (a), (b) and (f) do not apply where a local highway authority becomes the highway authority by virtue of section 2.]

(2) Outside Greater London the council of a county [F5 or metropolitan district] are the highway authority for all highways in the county [F5 or, as the case may be, the district], whether or not maintainable at the public expense, which are not highways for which under subsection (1)[F6 or (1A) ] above the Minister[F7 or a strategic highways company] is the highway authority.

[F8 (2A) Transport for London is the highway authority for all GLA roads. ]

(3) [F9 The council] of a London borough or the Common Council are the highway authority for all highways in the borough or, as the case may be, in the City, whether or not maintainable at the public expense, which are not [F10 for the time being GLA roads or]. . . F11 highways for which under subsection (1)[F12 or (1A)] above the Minister[F13 or a strategic highways company] is the highway authority.

[F14 (3A) In Wales the council of a county or county borough are the highway authority for all highways in the county or, as the case may be, the county borough, whether or not maintainable at the public expense, which are not highways for which the Minister is the highway authority under subsection (1) above.]

(4) Subsection (2) above is subject, as respects any highway outside Greater London for which the Minister[F13 or a strategic highways company] is not the highway authority under subsection (1)[F12 or (1A)] above, to any provision of this Act, or of any order made under this or any other Act, by virtue of which a council other than the council of the county [F15 or, as the case may be, the metropolitan district] in which the highway is situated are the highway authority therefor.

[F16 (5) Subsection (3A) above is subject to any provision of this Act, or of any order made under this or any other Act, by virtue of which a council other than the Welsh council for the area in which the highway is situated are the highway authority.]

Textual Amendments

F1 Words in s. 1(1) inserted (5.3.2015) by Infrastructure Act 2015 (c. 7), s. 57(1), Sch. 1 para. 2(2)(a); S.I. 2015/481, reg. 2(a)

F2 S. 1(1)(aa) inserted (01.11.1991) by New Roads and Street Works Act 1991 (c. 22, SIF 59, 108), s. 21(2); S.I. 1991/2288, art. 3, Sch.

F3 S. 1(1)(e) inserted (5.3.2015) by Infrastructure Act 2015 (c. 7), s. 57(1), Sch. 1 para. 2(2)(b); S.I. 2015/481, reg. 2(a)

F4 S. 1(1A) inserted (5.3.2015) by Infrastructure Act 2015 (c. 7), s. 57(1), Sch. 1 para. 2(3); S.I. 2015/481, reg. 2(a)

F5 Words in s. 1(2) inserted by Local Government Act 1985 (c. 51, SIF 81:1), s. 8, Sch. 4 para. 1(a)

F6 Words in s. 1(2) inserted (5.3.2015) by Infrastructure Act 2015 (c. 7), s. 57(1), Sch. 1 para. 2(4)(a); S.I. 2015/481, reg. 2(a)

F7 Words in s. 1(2) inserted (5.3.2015) by Infrastructure Act 2015 (c. 7), s. 57(1), Sch. 1 para. 2(4)(b); S.I. 2015/481, reg. 2(a)

F8 S. 1(2A) inserted (3.7.2000) by 1999 c. 29, s. 259(2), (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2(2)(c), Sch. Pt. 3

F9 Words in s. 1(3) substituted by Local Government Act 1985 (c. 51, SIF 81:1), s. 8, Sch. 4 Pt. I, para. 1(b)

F10 Words in s. 1(3) inserted (3.7.2000) by 1999 c. 29, ss. 259(3) (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2(2)(c), Sch. Pt. 3

F11 Words in s. 1(3) repealed by Local Government Act 1985 (c. 51, SIF 81:1), s. 102, Sch. 17

F12 Words in s. 1(3)(4) inserted (5.3.2015) by Infrastructure Act 2015 (c. 7), s. 57(1), Sch. 1 para. 2(4)(a); S.I. 2015/481, reg. 2(a); S.I. 2015/481, reg. 2(a)

F13 Words in s. 1(3)(4) inserted (5.3.2015) by Infrastructure Act 2015 (c. 7), s. 57(1), Sch. 1 para. 2(4)(b); S.I. 2015/481, reg. 2(a); S.I. 2015/481, reg. 2(a)

F14 S. 1(3A) inserted (3.4.1995 for limited purposes, as mentioned in S.I. 1995/852 and 1.4.1996 otherwise, as mentioned in S.I. 1996/396) by 1994 c. 19, s. 22(1), Sch. 7 Pt. I para. 1(2) (with s. 54(7), Sch. 17 paras. 22(1), 23(2)); S.I. 1995/852, art. 4(1)(5), Sch. 2 (with saving in art. 4(6)); S.I. 1996/396, art. 3, Sch. 1.

F15 Words in s. 1(4) inserted by Local Government Act 1985 (c. 51, SIF 81:1), s. 8, Sch. 4 para. 1(c)

F16 S. 1(5) added (3.4.1995 for limited purposes, as mentioned in S.I. 1995/852 and 1.4.1996 otherwise, as mentioned in S.I. 1996/396) by 1994 c. 19, s. 22(1), Sch. 7 Pt. I para. 1(3) (with s. 54(7), Sch. 17 paras. 22(1), 23(2)); S.I. 1995/852, art. 4(1)(5), Sch. 2 (with saving in art. 4(6)); S.I. 1996/396, art. 3, Sch. 1.

2 Highway authority for road which ceases to be a trunk road. E+W

[F17 (1)]Where an order made under section 10 below directs that a trunk road shall cease to be a trunk road, then, as from the date specified in that behalf in the order, the following authority, that is to say—

(a) where the road is situated outside Greater London, the council of the county [F18 or metropolitan district], and

[F19 (b) where the road is situated in Greater London, Transport for London,]

shall become the highway authority for the road.

F17 [( 2 ) In the case of a special road provided by the Minister[F20 or by a strategic highways company], subsection (1) above has effect subject to any provision of the order directing that the Minister[F21 or the company] shall continue to be the highway authority for the road.]

[F22 (3) Where Transport for London becomes the highway authority for a road by virtue of subsection (1) above, the road shall become a GLA road. ]

Textual Amendments

F17 S. 2 renumbered 2(1) and s. 2(2) inserted (01.11.1991) by New Roads and Street Works Act 1991 (c. 22, SIF 59, 108), s. 21(3); S.I. 1991/2288, art. 3, Sch.

F18 Words inserted by Local Government Act 1985 (c. 51, SIF 81:1), s. 8, Sch. 4 para. 2

F19 S. 2(1)(b) substituted (3.7.2000) by 1999 c. 29, s. 259(4) (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2(2)(c), Sch. Pt. 3

F20 Words in s. 2(2) inserted (5.3.2015) by Infrastructure Act 2015 (c. 7), s. 57(1), Sch. 1 para. 3(a); S.I. 2015/481, reg. 2(a)

F21 Words in s. 2(2) inserted (5.3.2015) by Infrastructure Act 2015 (c. 7), s. 57(1), Sch. 1 para. 3(b); S.I. 2015/481, reg. 2(a)

F22 S. 2(3) added (3.7.2000) by 1999 c. 29, ss. 259(5), (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2(2)(c), Sch. Pt. 3

3 Highway authority for approaches to and parts of certain bridges. E+W

(1) Where a bridge carries a highway for which the Minister[F23 or a strategic highways company ] is not the highway authority and part of the bridge is situated in one county and part in another the highway authority for the highway carried by the bridge and the approaches thereto is such one of the councils of those counties as may be agreed between them before such a day as the Minister may by order made by statutory instrument appoint or, in default of such agreement, as may be determined by the Minister.

(2) Where the Minister has made a determination under subsection (1) above the determination—

(a) may be varied at the request of the council of either of the counties concerned; and

(b) shall be varied to give effect to any request made jointly to the Minister by those councils;

and any such variation shall take effect on the 1st April falling not less than 3 months, and not more than 15 months, after the date on which the determination is varied.

(3) Where a bridge carries a highway for which the Minister[F24 or a strategic highways company] is not the highway authority and subsection (1) above does not apply, but some part of one or more of the approaches to the bridge lies in a county different from the bridge itself, the highway authority for the whole of that approach or those approaches is the council of the county in which the bridge is situated.

(4) For the purposes of this section, the approaches to a bridge consist of so much of the highway or highways on either side of the bridge as is situated within 100 yards of either end of the bridge.

Textual Amendments

F23 Words in s. 3(1) inserted (5.3.2015) by Infrastructure Act 2015 (c. 7), s. 57(1), Sch. 1 para. 4(2); S.I. 2015/481, reg. 2(a)

F24 Words in s. 3(3) inserted (5.3.2015) by Infrastructure Act 2015 (c. 7), s. 57(1), Sch. 1 para. 4(3); S.I. 2015/481, reg. 2(a)