Highways Act 1980

326 Revocation and variation of schemes and orders. E+W

(1) Section 14(b) of the M1 Interpretation Act 1978 (implied power to revoke or amend orders made by statutory instrument) does not apply to an order made under section 74, 93 F1 . . . of this Act.

(2) An order made or confirmed by the Minister, or the Secretary of State, under section 14, [F2 14B,] 18, F3 . . . 27, 108(1), 120, [F4 , 124 or 266B] of, or paragraph 2 of Schedule 21 to, this Act (which confer power to make orders otherwise than by statutory instrument) may be revoked or varied by a subsequent order made or confirmed in the like manner and subject to the like provisions.

F5 (3)(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) Without prejudice to subsection (2) above, an order to which this subsection applies confirmed by the Minister, or the Secretary of State, or confirmed as an unopposed order by the authority making it, may be revoked or varied by a subsequent order made or confirmed in the like manner and subject to the like provisions, except that an order confirmed in either way may be revoked or varied by an order confirmed in the other way.

This subsection applies to a public path creation order, a public path extinguishment order, [F6 a rail crossing extinguishment order, a special extinguishment order, a public path diversion order, a rail crossing diversion order, a special diversion order or an SSSI diversion order] and an order under section 124 above.

(6) Subject to the following provisions of this section, a scheme revoking or varying a scheme made or confirmed under section 16 or section 106(3) above, and an order varying or revoking an order made or confirmed under section 14, [F7 14A, 14B,] 17, 18, 108(1) [F8 , 124 or 266B] above may contain such consequential provisions as appear to the Minister to be expedient.

(7) Where a scheme under section 16 above is revoked by a subsequent scheme, any part of the special road authorised to be provided by the scheme which has been constructed before the date on which the revoking scheme comes into operation and any highway appropriated by or transferred to the special road authority before that date shall cease on that date to be a special road within the meaning of this Act, but shall, where the special road is a trunk road, continue to be a trunk road.

(8) Where a scheme under section 16 above is varied by a subsequent scheme, subsection (7) above applies in relation to any part of the special road which ceases to form part of a route of that road in consequence of the variation.

(9) Subject to the foregoing provisions of this section, the revocation or variation of a scheme under section 16 or section 106(3) above does not affect the validity of anything done in pursuance of the scheme before the date on which the revoking or varying scheme comes into force, or the validity of any order made under section 18 above before that date in connection with the special road to be provided under the scheme.

Textual Amendments

F1 Words in s. 326(1) repealed (25.9.1991) by Planning and Compensation Act 1991 (c. 34. SIF 123:1), s. 84(6), Sch. 19 Pt. V (with ss. 81(2), 84(5)); S.I. 1991/2067, art. 3

F2 Words in s. 326(2) inserted (3.7.2000) by 1999 c. 29, s. 263(4)(i) (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2(2)(c), Sch. Pt. 3

F3 Word in s. 326(2) repealed (1.1.1993) by New Roads and Street Works Act 1991 (c. 22, SIF 59, 108), s. 168(2), Sch. 9; S.I. 1992/2984, art. 2(2), Sch. 2

F4 Words in s. 326(2) substituted (3.7.2000) by 1999 c. 29, s. 263(4)(ii) (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2(2)(c), Sch. Pt. 3

F5 S. 326(3)(4) repealed by Local Government Act 1985 (c. 51, SIF 81:1), s. 102, Sch. 17

F6 Words in s. 326(5) substituted (30.1.2001 and 12.2.2003 for E. for specified purposes and 21.5.2007 in so far as not already in force, 1.5.2001 and 15.7.2005 for W. for specified purposes and otherwise prosp.) by 2000 c. 37, ss. 57, 103(3), Sch. 6 Pt. I para. 19; S.I. 2001/114, art. 2(1)(a)(f); S.I. 2001/1410, art. 2(c)(l); S.I. 2003/272, art. 2(a)(m); S.I. 2005/1314, art. 3(d)(v); S.I. 2007/1493, art. 2

F7 Words in s. 326(6) inserted (3.7.2000) by 1999 c. 29, s. 263(5)(i) (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2(2)(c), Sch. Pt. 3

F8 Words in s. 326(6) substituted (3.7.2000) by 1999 c. 29, s. 263(5)(ii) (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2(2)(c), Sch. Pt. 3

Marginal Citations

M1 1978 c. 30.