Highways Act 1980

3 (1) The Secretary of State may, subject to the provisions of this Part of this Schedule, by regulations make such provision as to the procedure on the making, submission and confirmation of orders to which this Schedule applies as appears to him to be expedient.

(2) Provision may be made by regulations of the Secretary of State for enabling proceedings preliminary to the confirmation of a public path extinguishment order [F1 or a rail crossing extinguishment order] to be taken concurrently with proceedings preliminary to the confirmation of a public path creation order [F2 , a public path diversion order or a rail crossing diversion order].

(3) In this Part of this Schedule—

(a) “local authority” means—

[F3 [F4 (i) a billing authority or a precepting authority, as defined in section 69 of the Local Government Finance Act 1992;

(ia) F5 . . . a combined fire authority, as defined in section 144 of the M1 Local Government Finance Act 1988;]

(ii) a levying body within the meaning of section 74 of that Act; and

(iii) a body as regards which section 75 of that Act applies]

and includes any drainage authority and any joint board or joint committee if all the constituent authorities are such local authorities as aforesaid;

(b) “prescribed” means prescribed by regulations made by the Secretary of State;

and for the purposes of this Schedule the Civil Aviation Authority and the Post Office are to be deemed to be statutory undertakers and their undertakings statutory undertakings.

Textual Amendments

F1 Words in Sch. 6 para. 3(2) 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. 10(4)(a); S.I. 1992/3144, art. 3, Sch.

F2 Words in Sch. 6 para. 3(2) substituted (22.12.1992 for certain purposes and otherwise 31.1.1993) by Transport and Works Act 1992 (c. 42), s. 47, Sch. 2 para. 10(4)(b); S.I. 1992/3144, art. 3, Sch.

F3 Sch. 6 Pt. I para. 3(3)(i)–(iii) substituted for words by S.I. 1990/776, art. 8, Sch. 3 para. 21

F4 Sch. 6 Pt. I para. 3(3)(a)(i)(ia) substituted (2.11.1992) for para. 3(3)(a)(i) by Local Government Finance Act 1992 (c. 14), s. 117(1), Sch. 13 para. 50 (with s. 118(1)(2)(4)); S.I. 1992/2454, art. 2

F5 Words in Sch. 6 para. 3(3)(a)(ia) repealed (1.4.1995) by 1994 c. 29, s. 93, Sch. 9 Pt.I; S.I. 1994/3262, art. 4, Sch.

Modifications etc. (not altering text)

C1 Sch. 6 Pt. I para. 3(3) extended by Wildlife and Countryside Act 1981 (c. 69, SIF 4:5), s. 73, Sch. 3 para. 5

C2 Sch. 6 Pt. I para. 3(3): by Telecommunications Act 1984 (c. 12, SIF 96), s. 109, Sch. 4 para. 3(1), Sch. 5 para. 45 it is provided that references to British Telecommunications in Sch. 6 para. 3(3) cease to have effect

Marginal Citations

M1 1988 c.41