Land Powers (Defence) Act 1958

Stopping up and diversion of highways U.K.

8 Stopping up and diversion of highways. U.K.

(1) The powers conferred on the Minister of Transport and Civil Aviation by section forty-nine of the M1 Town and Country Planning Act, 1947 (which empowers that Minister to authorise by order the stopping up or diversion of a highway where he is satisfied that it is necessary to do so to enable land to be developed) shall also be exercisable where—

(a) land is, or is to be, used by a Secretary of State, . . . F1 for the purposes of an installation provided or to be provided for defence purposes, or is used by a manufacturer of aircraft as an airfield wholly or mainly in connection with the manufacture of aircraft for defence purposes; and

(b) the Minister of Transport and Civil Aviation is satisfied that, for the land to be so used efficiently without danger to the public, it is necessary that a highway should be stopped up or diverted.

(2) Where, in the circumstances specified in paragraphs (a) and (b) of the foregoing subsection, it appears to the Minister of Transport and Civil Aviation that it is not necessary that the highway should be stopped up or diverted for more than a limited period, an order under the said section forty-nine, including an order made by virtue of subsection (7) of that section (which authorises the stopping up or diversion of a highway temporarily stopped up or diverted under any other enactment) instead of providing for the permanent stopping up or diversion of the highway may provide for its stopping up or diversion during such period as may be prescribed by or under the order and for its restoration at the expiration of that period:

Provided that, for the purposes of any subsequent order by virtue of the said subsection (7), any order made by virtue of the foregoing provisions of this subsection shall be regarded as having been made otherwise than under the said section forty-nine.

(3) Any order made by virtue of the last foregoing subsection which provides for the provision of another highway in substitution for a highway stopped up by the order may also contain such provisions as appear to the Minister of Transport and Civil Aviation to be expedient for the stopping up, at the expiration of the period prescribed by or under the order, of that other highway and for the original highway to be reconstructed at the expense of such of the Ministers referred to in paragraph (a) of subsection (1) of this section as may be specified in the order and thereafter maintained by any person who would for the time being have been liable for its maintenance if it had never been stopped up.

(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2

(5) In the application of this section to Scotland, for references to the Minister of Transport and Civil Aviation, to the M2 Town and Country Planning Act, 1947, and to section forty-nine of that Act there shall be substituted respectively references to the Secretary of State, to the M3 Town and Country Planning (Scotland) Act, 1947, and to section forty-six of that Act.

(6) In the application of this Act to Northern Ireland, the provisions of the Third Schedule to this Act shall have effect in lieu of the foregoing provisions of this section.

Textual Amendments

F1 Words repealed with saving by S.I. 1964/488 and 1971/719

F2 S. 8(4) repealed by Town and Country Planning Act 1968 (c. 72), Sch. 11 and Town and Country Planning (Scotland) Act 1969 (c. 30), Sch. 11

Modifications etc. (not altering text)

C1 Functions of Minister of Transport and Civil Aviation under s. 8 now exercisable by Secretary of State: S.I. 1959/1768 (1959 I, p. 1793), 1965/319 and 1970/1681

Marginal Citations

M1 1947 c. 51.

M2 1947 c. 51.

M3 1947 c. 53.

9 Supplementary provisions with respect to stopping up and diversion of highways. U.K.

(1) The powers to make orders conferred on the Minister of Transport and Civil Aviation—

(a) by section fifteen of the M4 Requisitioned Land and War Works Act, 1945, with respect to the permanent stopping up or diversion of a highway which has been stopped up or diverted in the exercise of emergency powers or as respects which a Minister has certified as mentioned in subsection (1) of section three of the M5 Requisitioned Land and War Works Act, 1948; and

(b) by section sixteen of the said Act of 1945 with respect to the use and maintenance until other provision is made by or under any Act of certain works placed along, across, over or under a highway in the exercise of emergency powers or for war purposes,

shall include power to vary or revoke any previous order made under the section in question; and subsection (1) of section twenty of the said Act of 1945 (which restricts the period during which orders may be made under the said section fifteen or sixteen) shall not apply to any order so far as it is made by virtue of this subsection.

(2) Where on the thirty-first day of December, nineteen hundred and sixty—

(a) an order under the said section fifteen provides for the permanent stopping up or diversion of a highway conditionally upon the completion of the diversion or of the provision or improvement of another highway in substitution for the original highway; and

(b) that condition has not been satisfied; and

(c) by virtue of the foregoing subsection, proposals for the variation of that order have been published in accordance with the provisions of Part III of the said Act of 1945,

the prevention of the exercise of the right to use that highway may be continued pending the coming into operation of an order made in pursuance of the said proposals or, if those proposals are abandoned, whether by reason of an adverse report of the War Works Commission or otherwise, until six months after the abandonment.

(3) Any person authorised in that behalf by the Minister of Transport and Civil Aviation or a local authority may enter on any land for the purpose of surveying it in connection with, or with proposals for, the diversion, provision or improvement of any highway by virtue of an order under the said section fifteen, and the provisions of the Fourth Schedule to this Act shall have effect in relation to the powers conferred by this subsection.

In this subsection and in the said Fourth Schedule the expression “local authority” means the council of a county, borough or urban district or, in relation to Scotland, a county or town council.

[F3 (4) In the following provisions, in their application to Scotland, that is to say—

(a) this and the last foregoing section;

(b) sections fifteen and sixteen of the said Act of 1945;

(c) section twenty-eight of the M6 Civil Aviation Act, 1949;

(d) section two of the M7 Supplies and Services (Defence Purposes) Act, 1951; and

(e) section thirty-two of the M8 Mineral Workings Act, 1951,

and in section forty-six of the M9 Town and Country Planning (Scotland) Act, 1947 (all of which provisions relate to the stopping up of highways) the expression “highway” shall be deemed to include any public right of way:]

[F3 (4) In section 8 of this Act and this section, in their application to Scotland, ’’highway’’ means a road within the meaning of the Roads (Scotland) Act 1984:]

Provided that nothing in this subsection shall authorise the imposition upon any person of responsibility for the provision, maintenance or management of any highway over which there is not a right of way for vehicles and for the repair and maintenance of which that person has not previously been under any liability.

(5) In the application of this section to Scotland or to Northern Ireland, for references to the Minister of Transport and Civil Aviation there shall be substituted references to the Secretary of State.

Textual Amendments

F3 S. 9(4) commencing “In section 8 of this Act” substituted (S.) for s. 9(4) commencing “In the following provisions” by Roads (Scotland) Act 1984 (c. 54, SIF 108), Sch. 9 para. 47

Modifications etc. (not altering text)

C2 Functions of Minister of Transport and Civil Aviation under s. 9 now exercisable by Secretary of State: S.I. 1959/1768 (1959 I, p. 1793) and 1970/1681

C3 War Works Commission dissolved on 1st October 1964: S.I. 1964/1578

Marginal Citations

M4 1945 c. 43.

M5 1948 c. 17.

M6 1949 c. 67.

M7 1951 c. 25.

M8 1951 c. 60.

M9 1947 c. 53.