Highways Act 1980

Part I E+W Notices to be Given by Applicant for Order Under Section 116

1 E+W At least 28 days before the day on which an application for an order under section 116 of this Act is made in relation to a highway the applicant authority shall give notice of their intention to apply for the order, specifying the time and place at which the application is to be made and the terms of the order applied for (embodying a plan showing what will be the effect thereof)—

(a) to the owners and occupiers of all lands adjoining the highway;

(b) to any statutory undertakers having apparatus under, in, upon, over, along or across the highway;

(c) if the highway is a classified road, to the Minister;

(d) if the highway is a classified [F1 road in a non-metropolitan district, to the district council [F2 if the highway is a classified road in a Welsh county or county borough and the council of that county or county borough is not the highway authority, to the council of that county or county borough], and if the highway is a classified road] in, or partly in, a parish or community which has a separate parish council or community council, to the parish or community council, as the case may require or, in the case of a parish which does not have a separate parish council, to the chairman of the parish meeting.

Textual Amendments

F1 Words substituted by Local Government Act 1985 (c. 51, SIF 81:1), s. 8, Sch. 4 para. 43

F2 Words in Sch. 12 para. 1(d) inserted (1.4.1996) by 1994 c. 19, s. 22(1), Sch. 7 Pt. I para.29 (with s. 54(7), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 3, Sch.1.

2 E+W Not later than 28 days before the day on which the application is made the applicant authority shall cause a copy of the said notice to be displayed in a prominent position at the ends of the highway.

3 E+W At least 28 days before the day on which the application is made the applicant authority shall publish in the London Gazette and in at least one local newspaper circulating in the area in which the highway is situated a notice containing the particulars specified in paragraph 1 above, except that there may be substituted for the plan a statement of a place in the said area where the plan may be inspected free of charge at all reasonable hours.