Highways Act 1980

20 In the [1971 c. 78.] Town and Country Planning Act 1971—

(a) in section 16—

(i) for the words from " section 7 " onwards in paragraph (a) substitute " section 10, 14, 16, 18, 106(1), 106(3) or 108(1) of the Highways Act 1980 (trunk road orders, special road schemes, orders or schemes for bridges over or tunnels under navigable waters, orders for diversion of navigable waters, and supplementary orders relating to trunk roads, classified roads or special roads) ";

(ii) for paragraph (b) substitute—

“(b) an order or scheme under any provision replaced by the provisions of the Highways Act 1980 mentioned in paragraph (a) above (namely, an order or scheme under section 7, 9, 11, 13 or 20 of the Highways Act 1959, section 3 of the Highways (Miscellaneous Provisions) Act 1961 or section 1 or 10 of the Highways Act 1971);”;

(iii) omit paragraph (c).

(b) in section 20(1), for " the Highways Act 1959 " substitute " the Highways Act 1980 ";

(c) in section 24(8)(b) for " the Highways Act 1959 " substitute " the Highways Act 1980 " and after " being an enactment" insert " (derived from the Highways Act 1959) ";

(d) in section 192(1)(d) for the words from " the Highways Act 1959" to "the said Act of 1971)" substitute " the Highways Act 1980 relating to trunk roads, special roads or classified roads (or under the corresponding provisions of Part II of the Highways Act 1959 or section 1 of the Highways Act 1971) being land in relation to which a power of compulsory acquisition conferred by any of the provisions of Part XII of the said Act of 1980 (including a power compulsorily to acquire any right by virtue of section 250) ";

(e) in section 206(4)—

(i) in paragraph (a), before " under" insert " made, or having effect as if made ", and for " the Highways Act 1959 " substitute " the Highways Act 1980 ";

(ii) in paragraph (b), before " under" insert " made or having effect as if made ";

(iii) in paragraph (c), for the words from "under" onwards substitute " made, or having effect as if made, under section 106(3) of the said Act ";

(iv) in paragraph (d), for the words from "under" onwards substitute " relating to a classified road made, or having effect as if made, under section 14 of the said Act ";

(f) in section 209(2), for " the Highways Act 1959 " substitute (in paragraph (a) and paragraph (c)) " the Highways Act 1980 ";

(g) in section 255(1), for the words from " section 238(1) and (3) " to "highways)" substitute " section 274 of the Highways Act 1980 (contributions by local authorities towards expenses of highway authorities) ";

(h) in section 290(1), in the definitions of "bridleway", " footpath" and " highway", for " the Highways Act 1959 ", in each case, substitute " the Highways Act 1980 ", and in the definition of " improvement" for " the Highways Act 1959 as amended by the Highways Act 1971" substitute " the Highways Act 1980 ";

(i) in Schedule 5—

(i) in paragraph 5(1)(a) for " section 7 of the Highways Act 1959 " substitute " section 10 of the Highways Act 1980 (or has made an order under section 7 of the Highways Act 1959) ";

(ii) for paragraph 5(1)(b) substitute—

“(b) makes an order relating to a trunk road under section 14 of the Highways Act 1980 (or has made an order under section 9 of the Highways Act 1959) or makes or confirms a scheme or order under section 16 or 18 of the Highways Act 1980 (or has made or confirmed a scheme or order under section 11 or 13 of the Highways Act 1959)”;

(j) in Schedule 7, in paragraph 2, for " the Highways Act 1959 " substitute " the Highways Act 1980 ";

(k) in Schedule 22, for paragraph 2 substitute—

“2 The following provisions of the Highways Act 1980:—

• section 73(1) to (3), (6) and (9) to (11).

• section 74 except subsection (6).

• sections 188, 193 and 196.

• section 200(2) and (4).

• section 241.

• section 261(5) and, so far as it relates to (5), (6).

• section 307(5) and (7).

• Schedule 9.”;

(l) in Schedule 22. for paragraph 3 substitute—

“3 The following further provisions of the Highways Act 1980:—

(a) sections 187 and 200(1) so far as applicable for the purposes of section 188 of that Act;

(b) section 247(6) so far as applicable for the purposes of section 241 of that Act;

(c) in section 307—

(i) subsections (1) to (3) so far as applicable for the purposes of section 73 of that Act;

(ii) subsections (1), (3) and (6) so far as applicable for the purposes of section 74 of that Act;

(iii) subsections (1) and (3) so far as applicable for the purposes of sections 193 and 200(2) of that Act;

(d) section 311 so far as applicable for the purposes of section 74 of that Act.”;

(m) in Schedule 22, for paragraph 4 substitute—

“4 Section 279 of the Highways Act 1980 so far as the purposes in question are the purposes of the exercise—

(a) by a county council in relation to roads maintained by that council; or

(b) by the Greater London Council in relation to any road that is for the time being a metropolitan road within the meaning of that Act,

of their powers under section 73(1) to (3), (6) and (9) to (11) or section 241 of that Act.”.