Highways Act 1980

Regulations, schemes, orders, etc. E+W

324 Regulations for procedure in connection with, and centre line of roads authorised etc. by, certain schemes and orders. E+W

(1) Subject to Schedule 1 to this Act, the Minister of Transport may make regulations for prescribing the procedure to be followed in connection with the making and confirmation of schemes under section 16 above and orders under sections 17 and 18 above.

(2) The Minister shall make regulations for securing that the centre line of—

(a) a special road authorised by a scheme under section 16 above,

(b) a proposed highway directed by an order under section 10 above to become a trunk road, or

(c) a new highway to be constructed in pursuance of an order under section 14 or 18 above,

is indicated on a map on such scale as may be prescribed by the regulations and for securing that any limits of deviation which apply in relation to the centre line of that road or highway or any part thereof by virtue of subsection (3) below are indicated or stated in such manner as may be prescribed by the regulations.

(3) Where any such scheme or order as is referred to in subsection (2) above so provides in relation to a road or highway to which it relates or any part thereof, being such a road or highway as is referred to in that subsection, the centre line of that road or highway or that part thereof, as the case may be, may deviate from the centre line as indicated on the map referred to in that subsection within such limits of deviation, not exceeding 55 yards on either side of the centre of that line, as may be specified in the scheme or order.

325 Provisions as to regulations, schemes and orders. E+W

(1) The following powers conferred by this Act on a Minister of the Crown are exercisable by statutory instrument:—

(a) all powers to make regulations,

(b) the power to make or confirm schemes under section 16 above, and the power to confirm schemes under section 106(3) above,

F1 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d) all powers to make or confirm orders, except those conferred by any of the following provisions of this Act, namely, sections 14, [F2 14B,] 18, [F3 20,] 26, 27, 108(1), [F4 118, 118A, 118B(4), 119, 119A, 119B(4), 119D]120 [F5 , 124 and 266B] and paragraph 2 of Schedule 21.

(2) A statutory instrument containing—

(a) regulations made under this Act, other than a statutory instrument containing only regulations made under section [F6 120(3A) or] 257(4) above [F7 or such regulations as are mentioned in subsection (2A) below [F8 or regulations made by the National Assembly for Wales under Part 8A]], or

(b) an order made under section [F9 14A or][F10 17 [F11 or 118B(1)(a)] above or] 344(4) below,

is subject to annulment in pursuance of a resolution of either House of Parliament.

F12 [(2A) A statutory instrument containing—

(a) the first regulations for the purposes of section 140A,

(b) the first regulations for the purposes of section 171A as it applies in relation to erecting or retaining a relevant structure within the meaning of section 169(1) above, or

(c) the first regulations for the purposes of section 171A as it applies in relation to depositing building materials, rubbish or other things, or making a temporary excavation, as mentioned in section 171(1) above, shall not be made unless a draft of them has been laid before and approved by a resolution of each House of Parliament.]

F13 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 S. 325(1)(c) repealed (25.9.1991) by Planning and Compensation Act 1991 (c. 34, SIF 123:1), s. 84(6), Sch. 19 Pt. V (with ss. 81(2), 84(5)); S.I. 1991/2067, art. 3

F2 Words in s. 325(1)(d) inserted (3.7.2000) by 1999 c. 29, s. 263(2)(a)(i) (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2(2)(c), Sch. Pt. 3

F3 Word in s. 325(1)(d) repealed (1.1.1993) by New Roads and Street Works Act 1991 (c. 22, SIF 59, 108), s. 168(2), Sch. 9; S.I. 1992/2984, art. 2(2), Sch. 2

F4 Words in s. 325(1)(d) substituted (30.1.2001 and 12.2.2003 for E. for specified purposes and 21.5.2007 in so far as not already in force, 1.5.2001 and 15.7.2005 for W. for specified purposes and otherwise prosp.) by 2000 c. 37, ss. 57, 103(3), Sch. 6 Pt. I para. 18(a); S.I. 2001/114, art. 2(1)(a)(e); S.I. 2001/1410, art. 2(c)(k); S.I. 2003/272, art. 2(a)(l)(i); S.I. 2005/1314, art. 3(d)(iv)(aa); S.I. 2007/1493, art. 2

F5 Words in s. 325(1)(d) substituted (3.7.2000) by 1999 c. 29, s. 263(2)(a)(ii) (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2(2)(c), Sch. Pt. 3

F6 Words in s. 325(2)(a) inserted (22.12.1992 for certain purposes and otherwise 31.1.1993) by Transport and Works Act 1992 (c. 42), s. 47, Sch. 2, para. 8; S.I. 1992/3144, arts. 2, 3, Sch.

F7 Words in s. 325(2)(a) inserted (1.1.1993) by New Roads and Street Works Act 1991 (c. 22, SIF 59, 108), s. 168(1), Sch. 8, Part I, para. 14; S.I. 1992/2984, art. 2(2), Sch. 2

F8 Words in s. 325(2)(a) inserted (7.4.2005) by Clean Neighbourhoods and Environment Act 2005 (c. 16), s. 106, Sch. 4 para. 1

F9 Words in s. 325(2)(b) inserted (3.7.2000) by 1999 c. 29, s. 263(2)(b) (with Sch. 12 para. 9(1)); S.I. 2000/801, 2(2)(c), Sch. Pt. 3

F10 Words in s. 325(2)(b) inserted (1.11.1991) by New Roads and Street Works Act 1991 (c. 22, SIF 59, 108), s. 20(2)(b) (with ss. 25(2), 167(2)); S.I. 1991/2288, art. 3, Sch.

F11 Words in s. 325(2)(b) inserted (12.2.2003 for E., 15.7.2005 for W. for specified purposes and otherwise prosp.) by 2000 c. 37, ss. 57, 103(3), Sch. 6 Pt. I para. 18(b); S.I. 2003/272, art. 2(a)(l)(ii); S.I. 2005/1314, art. 3(d)(iv)(bb)

F12 S. 325(2A) inserted (1.1.1993) by New Roads and Street Works Act 1991 (c. 22, SIF 59, 108), s. 168(1), Sch. 8, Part I, para. 14; S.I. 1992/2984, art. 2(2), Sch. 2

F13 S. 325(3) omitted (1.11.1991) by virtue of New Roads and Street Works Act 1991 (c. 22, SIF 59, 108), s. 20(2)(a) (with ss. 25(2), 167(1)); S.I. 1991/2288, art. 3, Sch.

326 Revocation and variation of schemes and orders. E+W

(1) Section 14(b) of the M1 Interpretation Act 1978 (implied power to revoke or amend orders made by statutory instrument) does not apply to an order made under section 74, 93 F14 . . . of this Act.

(2) An order made or confirmed by the Minister, or the Secretary of State, under section 14, [F15 14B,] 18, F16 . . . 27, 108(1), 120, [F17 , 124 or 266B] of, or paragraph 2 of Schedule 21 to, this Act (which confer power to make orders otherwise than by statutory instrument) may be revoked or varied by a subsequent order made or confirmed in the like manner and subject to the like provisions.

F18 (3)(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) Without prejudice to subsection (2) above, an order to which this subsection applies confirmed by the Minister, or the Secretary of State, or confirmed as an unopposed order by the authority making it, may be revoked or varied by a subsequent order made or confirmed in the like manner and subject to the like provisions, except that an order confirmed in either way may be revoked or varied by an order confirmed in the other way.

This subsection applies to a public path creation order, a public path extinguishment order, [F19 a rail crossing extinguishment order, a special extinguishment order, a public path diversion order, a rail crossing diversion order, a special diversion order or an SSSI diversion order] and an order under section 124 above.

(6) Subject to the following provisions of this section, a scheme revoking or varying a scheme made or confirmed under section 16 or section 106(3) above, and an order varying or revoking an order made or confirmed under section 14, [F20 14A, 14B,] 17, 18, 108(1) [F21 , 124 or 266B] above may contain such consequential provisions as appear to the Minister to be expedient.

(7) Where a scheme under section 16 above is revoked by a subsequent scheme, any part of the special road authorised to be provided by the scheme which has been constructed before the date on which the revoking scheme comes into operation and any highway appropriated by or transferred to the special road authority before that date shall cease on that date to be a special road within the meaning of this Act, but shall, where the special road is a trunk road, continue to be a trunk road.

(8) Where a scheme under section 16 above is varied by a subsequent scheme, subsection (7) above applies in relation to any part of the special road which ceases to form part of a route of that road in consequence of the variation.

(9) Subject to the foregoing provisions of this section, the revocation or variation of a scheme under section 16 or section 106(3) above does not affect the validity of anything done in pursuance of the scheme before the date on which the revoking or varying scheme comes into force, or the validity of any order made under section 18 above before that date in connection with the special road to be provided under the scheme.

Textual Amendments

F14 Words in s. 326(1) repealed (25.9.1991) by Planning and Compensation Act 1991 (c. 34. SIF 123:1), s. 84(6), Sch. 19 Pt. V (with ss. 81(2), 84(5)); S.I. 1991/2067, art. 3

F15 Words in s. 326(2) inserted (3.7.2000) by 1999 c. 29, s. 263(4)(i) (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2(2)(c), Sch. Pt. 3

F16 Word in s. 326(2) repealed (1.1.1993) by New Roads and Street Works Act 1991 (c. 22, SIF 59, 108), s. 168(2), Sch. 9; S.I. 1992/2984, art. 2(2), Sch. 2

F17 Words in s. 326(2) substituted (3.7.2000) by 1999 c. 29, s. 263(4)(ii) (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2(2)(c), Sch. Pt. 3

F18 S. 326(3)(4) repealed by Local Government Act 1985 (c. 51, SIF 81:1), s. 102, Sch. 17

F19 Words in s. 326(5) substituted (30.1.2001 and 12.2.2003 for E. for specified purposes and 21.5.2007 in so far as not already in force, 1.5.2001 and 15.7.2005 for W. for specified purposes and otherwise prosp.) by 2000 c. 37, ss. 57, 103(3), Sch. 6 Pt. I para. 19; S.I. 2001/114, art. 2(1)(a)(f); S.I. 2001/1410, art. 2(c)(l); S.I. 2003/272, art. 2(a)(m); S.I. 2005/1314, art. 3(d)(v); S.I. 2007/1493, art. 2

F20 Words in s. 326(6) inserted (3.7.2000) by 1999 c. 29, s. 263(5)(i) (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2(2)(c), Sch. Pt. 3

F21 Words in s. 326(6) substituted (3.7.2000) by 1999 c. 29, s. 263(5)(ii) (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2(2)(c), Sch. Pt. 3

Marginal Citations

M1 1978 c. 30.