Highways Act 1980

General

17 Any reference in this Act (whether express or implied) to a thing done or required or authorised to be done, or omitted to be done, or to an event which has occurred, under or for the purposes of, or by reference to any provision of this Act includes, except where the context otherwise requires, a reference to the corresponding thing done or required or authorised to be done, or omitted, or to the corresponding event which occurred, as the case may be, under or for the purposes of or by reference to the corresponding enactment repealed by this Act.

18 Without prejudice to paragraph 17 above, any reference in this Act (whether express or implied) to a thing done by a highway authority or other authority under a provision of this Act includes, except where the context otherwise requires, a reference to the corresponding thing done, or having effect as if done, by a predecessor authority under the corresponding enactment repealed by this Act.

In this paragraph " predecessor authority " means—

(a) in relation to the Secretary of State, the Minister of Transport or other Minister exercising the relevant function before the transfer of the function to the Secretary of State;

(b) in relation to the Minister of Transport, the Secretary of State or other Minister exercising the relevant function before the transfer of the function to the Minister of Transport;

(c) in relation to a council, the authority exercising the relevant function before the function vested in the council under the [1972 c. 70.] Local Government Act 1972 or, as the case may be, the [1963 c. 33.] London Government Act 1963.

19 Without prejudice to paragraph 17 or 18 above, any power which was exercisable by a highway authority or other authority immediately before the commencement of this Act, under an enactment repealed by this Act, by reference (whether express or implied) to anything done before the said commencement may be exercised by that authority under the corresponding provision of this Act.

20 Where a period of time specified in any enactment repealed by this Act is current at the commencement of this Act, this Act has effect as if the corresponding provision of this Act had been in force when that period began to run.

21 For the purposes of the operation in relation to this Act of section 32(1) of the [1950 c. 39.] Public Utilities Street Works Act 1950 (provision as to payments falling to be made under enactments passed before the passing of that Act and instruments made under or confirmed by such enactments), any provision of this Act derived from the [1959 c. 25.] Highways Act 1959 is to be deemed to have been passed on the date of its antecedent enactment.

In this paragraph " antecedent enactment" means the enactment from which the relevant provision of the said Act of 1959 was derived (whether or not modified by the 1959 Act).

22 Any enactment or other document of any kind referring to a highway repairable by the inhabitants at large or a highway maintainable by the inhabitants at large is to be construed as referring to a highway which for the purposes of this Act is a highway maintainable at the public expense.

23 Any enactment or other document of any kind referring to a surveyor of highways or a highway board is to be construed as referring to a highway authority.