Highways Act 1980

1 Highway authorities: general provision. E+W

(1) The Minister is the highway authority for—

(a) any highway which is a trunk road;

(b) any highway as respects which an order made by him under any enactment expressly provides that he is to be the highway authority for it but does not direct that the highway is to be a trunk road;

(c) any highway (not falling within paragraph (a) above) transferred to him by an order under section 14 or 18 below;

(d) any other highway being a highway constructed by him, except where by virtue of section 2, 4(3) or 5(2) below or by virtue of some other enactment a local highway authority are the highway authority for it or where by means of an order made under section 14 or 18 below the highway is transferred to a local highway authority.

(2) Outside Greater London the council of a county [F1 or metropolitan district] are the highway authority for all highways in the county [F1 or, as the case may be, the district], whether or not maintainable at the public expense, which are not highways for which under subsection (1) above the Minister is the highway authority.

(3) [F2 The council] of a London borough or the Common Council are the highway authority for all highways in the borough or, as the case may be, in the City, whether or not maintainable at the public expense, which are not. . . F3 highways for which under subsection (1) above the Minister is the highway authority.

(4) Subsection (2) above is subject, as respects any highway outside Greater London for which the Minister is not the highway authority under subsection (1) above, to any provision of this Act, or of any order made under this or any other Act, by virtue of which a council other than the council of the county [F4 or, as the case may be, the metropolitan district] in which the highway is situated are the highway authority therefor.

Textual Amendments

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

F2 Words substituted by Local Government Act 1985 (c. 51, SIF 81:1), s. 8, Sch. 4 Pt. I, para. 1(b)

F3 Words repealed by Local Government Act 1985 (c. 51, SIF 81:1), s. 102, Sch. 17

F4 Words inserted by Local Government Act 1985 (c. 51, SIF 81:1), s. 8, Sch. 4 para. 1(c)