Highways Act 1980

Part I E+W Highway Authorities and Agreements Between Authorities

Highway authorities E+W

1 Highway authorities: general provision. E+W

(1) The Minister is[F1 , subject to subsection (1A),] the highway authority for—

(a) any highway which is a trunk road;

F2 [( aa ) any special road provided by him;]

(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.

[F3 (e) any highway for which he becomes the highway authority by virtue of section 2 of the Infrastructure Act 2015.]

[F4 (1A) A strategic highways company is the highway authority for—

(a) any highway specified in the appointment of the company in accordance with Part 1 of the Infrastructure Act 2015;

(b) any highway that is directed to become a trunk road and for which that company is directed to be highway authority under section 10;

(c) any special road provided by the company;

(d) any highway for which an order made under any enactment expressly provides for that company to be the highway authority;

(e) any highway transferred to the company by an order under section 14 or 18;

(f) any other highway constructed by the company except where—

(i) by virtue of section 4(3) or 5(2) or some other enactment, a local highway authority is the highway authority for it; or

(ii) by means of an order under section 14 or 18 the highway is transferred to a local highway authority.

Paragraphs (a), (b) and (f) do not apply where a local highway authority becomes the highway authority by virtue of section 2.]

(2) Outside Greater London the council of a county [F5 or metropolitan district] are the highway authority for all highways in the county [F5 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)[F6 or (1A) ] above the Minister[F7 or a strategic highways company] is the highway authority.

[F8 (2A) Transport for London is the highway authority for all GLA roads. ]

(3) [F9 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 [F10 for the time being GLA roads or]. . . F11 highways for which under subsection (1)[F12 or (1A)] above the Minister[F13 or a strategic highways company] is the highway authority.

[F14 (3A) In Wales the council of a county or county borough are the highway authority for all highways in the county or, as the case may be, the county borough, whether or not maintainable at the public expense, which are not highways for which the Minister is the highway authority under subsection (1) above.]

(4) Subsection (2) above is subject, as respects any highway outside Greater London for which the Minister[F13 or a strategic highways company] is not the highway authority under subsection (1)[F12 or (1A)] 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 [F15 or, as the case may be, the metropolitan district] in which the highway is situated are the highway authority therefor.

[F16 (5) Subsection (3A) above is subject 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 Welsh council for the area in which the highway is situated are the highway authority.]

Textual Amendments

F1 Words in s. 1(1) inserted (5.3.2015) by Infrastructure Act 2015 (c. 7), s. 57(1), Sch. 1 para. 2(2)(a); S.I. 2015/481, reg. 2(a)

F2 S. 1(1)(aa) inserted (01.11.1991) by New Roads and Street Works Act 1991 (c. 22, SIF 59, 108), s. 21(2); S.I. 1991/2288, art. 3, Sch.

F3 S. 1(1)(e) inserted (5.3.2015) by Infrastructure Act 2015 (c. 7), s. 57(1), Sch. 1 para. 2(2)(b); S.I. 2015/481, reg. 2(a)

F4 S. 1(1A) inserted (5.3.2015) by Infrastructure Act 2015 (c. 7), s. 57(1), Sch. 1 para. 2(3); S.I. 2015/481, reg. 2(a)

F5 Words in s. 1(2) inserted by Local Government Act 1985 (c. 51, SIF 81:1), s. 8, Sch. 4 para. 1(a)

F6 Words in s. 1(2) inserted (5.3.2015) by Infrastructure Act 2015 (c. 7), s. 57(1), Sch. 1 para. 2(4)(a); S.I. 2015/481, reg. 2(a)

F7 Words in s. 1(2) inserted (5.3.2015) by Infrastructure Act 2015 (c. 7), s. 57(1), Sch. 1 para. 2(4)(b); S.I. 2015/481, reg. 2(a)

F8 S. 1(2A) inserted (3.7.2000) by 1999 c. 29, s. 259(2), (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2(2)(c), Sch. Pt. 3

F9 Words in s. 1(3) substituted by Local Government Act 1985 (c. 51, SIF 81:1), s. 8, Sch. 4 Pt. I, para. 1(b)

F10 Words in s. 1(3) inserted (3.7.2000) by 1999 c. 29, ss. 259(3) (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2(2)(c), Sch. Pt. 3

F11 Words in s. 1(3) repealed by Local Government Act 1985 (c. 51, SIF 81:1), s. 102, Sch. 17

F12 Words in s. 1(3)(4) inserted (5.3.2015) by Infrastructure Act 2015 (c. 7), s. 57(1), Sch. 1 para. 2(4)(a); S.I. 2015/481, reg. 2(a); S.I. 2015/481, reg. 2(a)

F13 Words in s. 1(3)(4) inserted (5.3.2015) by Infrastructure Act 2015 (c. 7), s. 57(1), Sch. 1 para. 2(4)(b); S.I. 2015/481, reg. 2(a); S.I. 2015/481, reg. 2(a)

F14 S. 1(3A) inserted (3.4.1995 for limited purposes, as mentioned in S.I. 1995/852 and 1.4.1996 otherwise, as mentioned in S.I. 1996/396) by 1994 c. 19, s. 22(1), Sch. 7 Pt. I para. 1(2) (with s. 54(7), Sch. 17 paras. 22(1), 23(2)); S.I. 1995/852, art. 4(1)(5), Sch. 2 (with saving in art. 4(6)); S.I. 1996/396, art. 3, Sch. 1.

F15 Words in s. 1(4) inserted by Local Government Act 1985 (c. 51, SIF 81:1), s. 8, Sch. 4 para. 1(c)

F16 S. 1(5) added (3.4.1995 for limited purposes, as mentioned in S.I. 1995/852 and 1.4.1996 otherwise, as mentioned in S.I. 1996/396) by 1994 c. 19, s. 22(1), Sch. 7 Pt. I para. 1(3) (with s. 54(7), Sch. 17 paras. 22(1), 23(2)); S.I. 1995/852, art. 4(1)(5), Sch. 2 (with saving in art. 4(6)); S.I. 1996/396, art. 3, Sch. 1.

2 Highway authority for road which ceases to be a trunk road. E+W

[F17 (1)]Where an order made under section 10 below directs that a trunk road shall cease to be a trunk road, then, as from the date specified in that behalf in the order, the following authority, that is to say—

(a) where the road is situated outside Greater London, the council of the county [F18 or metropolitan district], and

[F19 (b) where the road is situated in Greater London, Transport for London,]

shall become the highway authority for the road.

F17 [( 2 ) In the case of a special road provided by the Minister[F20 or by a strategic highways company], subsection (1) above has effect subject to any provision of the order directing that the Minister[F21 or the company] shall continue to be the highway authority for the road.]

[F22 (3) Where Transport for London becomes the highway authority for a road by virtue of subsection (1) above, the road shall become a GLA road. ]

Textual Amendments

F17 S. 2 renumbered 2(1) and s. 2(2) inserted (01.11.1991) by New Roads and Street Works Act 1991 (c. 22, SIF 59, 108), s. 21(3); S.I. 1991/2288, art. 3, Sch.

F18 Words inserted by Local Government Act 1985 (c. 51, SIF 81:1), s. 8, Sch. 4 para. 2

F19 S. 2(1)(b) substituted (3.7.2000) by 1999 c. 29, s. 259(4) (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2(2)(c), Sch. Pt. 3

F20 Words in s. 2(2) inserted (5.3.2015) by Infrastructure Act 2015 (c. 7), s. 57(1), Sch. 1 para. 3(a); S.I. 2015/481, reg. 2(a)

F21 Words in s. 2(2) inserted (5.3.2015) by Infrastructure Act 2015 (c. 7), s. 57(1), Sch. 1 para. 3(b); S.I. 2015/481, reg. 2(a)

F22 S. 2(3) added (3.7.2000) by 1999 c. 29, ss. 259(5), (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2(2)(c), Sch. Pt. 3

3 Highway authority for approaches to and parts of certain bridges. E+W

(1) Where a bridge carries a highway for which the Minister[F23 or a strategic highways company ] is not the highway authority and part of the bridge is situated in one county and part in another the highway authority for the highway carried by the bridge and the approaches thereto is such one of the councils of those counties as may be agreed between them before such a day as the Minister may by order made by statutory instrument appoint or, in default of such agreement, as may be determined by the Minister.

(2) Where the Minister has made a determination under subsection (1) above the determination—

(a) may be varied at the request of the council of either of the counties concerned; and

(b) shall be varied to give effect to any request made jointly to the Minister by those councils;

and any such variation shall take effect on the 1st April falling not less than 3 months, and not more than 15 months, after the date on which the determination is varied.

(3) Where a bridge carries a highway for which the Minister[F24 or a strategic highways company] is not the highway authority and subsection (1) above does not apply, but some part of one or more of the approaches to the bridge lies in a county different from the bridge itself, the highway authority for the whole of that approach or those approaches is the council of the county in which the bridge is situated.

(4) For the purposes of this section, the approaches to a bridge consist of so much of the highway or highways on either side of the bridge as is situated within 100 yards of either end of the bridge.

Textual Amendments

F23 Words in s. 3(1) inserted (5.3.2015) by Infrastructure Act 2015 (c. 7), s. 57(1), Sch. 1 para. 4(2); S.I. 2015/481, reg. 2(a)

F24 Words in s. 3(3) inserted (5.3.2015) by Infrastructure Act 2015 (c. 7), s. 57(1), Sch. 1 para. 4(3); S.I. 2015/481, reg. 2(a)

Agreements between authorities E+W

4 Agreement for exercise by Minister[F25 or strategic highways company] of certain functions of local highway authority as respects highway affected by construction, etc. of trunk road. E+W

(1) The Minister[F26 or a strategic highways company, whichever is the highway authority for a trunk road (“the trunk road authority”)] and a local highway authority may enter into an agreement for providing, in relation to a highway specified in the agreement, being a highway that crosses or enters the route of [F27 that trunk road] or is or will be otherwise affected by the construction or improvement of [F27 that trunk road], that any functions specified in the agreement, being functions of improvement exercisable as respects that highway by the local highway authority, shall be exercisable by the [F28 trunk road authority ] on such terms and subject to such conditions (if any) as may be so specified.

(2) Where under an agreement made under this section any function of a local highway authority is exercisable by the [F29 trunk road authority], then, for the purpose of exercising that function the [F29 trunk road authority] shall have the same powers under this Act (including highway land acquisition powers) as the local highway authority have for that purpose, and in exercising that function and those powers [F30 the trunk road authority ]shall have the like rights and be subject to the like liabilities as that authority.

(3) Where for purposes connected with any function exercisable F31 ... under an agreement made under this section the [F32 trunk road authority] proposes to construct a new highway, every council (other than the council of a [F33 non-metropolitan] district) in whose area the proposed highway is situated shall be a party to the agreement and the agreement shall provide for a local highway authority specified in the agreement to become the highway authority for the highway on its completion.

(4) An agreement under this section made between the [F34 trunk road authority]and any other highway authority may provide for the payment of contributions—

(a) by the [F34 trunk road authority] to that other authority in respect of any additional liabilities imposed on that other authority in consequence of the provisions of the agreement;

(b) to the [F34 trunk road authority] by that other authority in respect of liabilities so imposed on the [F34 trunk road authority ], being liabilities which would otherwise have fallen to be discharged by that other authority;

and may also provide for the determination by arbitration of disputes as to the payment of such contributions.

(5) Any local highway authority who are a party to an agreement made under this section may contribute towards any expenses incurred by the[F35 trunk road authority] in executing any works to which the agreement relates.

Textual Amendments

F25 Words in s. 4 heading inserted (5.3.2015) by Infrastructure Act 2015 (c. 7), s. 57(1), Sch. 1 para. 5(6); S.I. 2015/481, reg. 2(a)

F26 Words in s. 4(1) inserted (5.3.2015) by Infrastructure Act 2015 (c. 7), s. 57(1), Sch. 1 para. 5(2)(a); S.I. 2015/481, reg. 2(a)

F27 Words in s. 4(1) substituted (5.3.2015) by Infrastructure Act 2015 (c. 7), s. 57(1), Sch. 1 para. 5(2)(c); S.I. 2015/481, reg. 2(a)

F28 Words in s. 4(1) substituted (5.3.2015) by Infrastructure Act 2015 (c. 7), s. 57(1), Sch. 1 para. 5(2)(b); S.I. 2015/481, reg. 2(a)

F29 Words in s. 4(2) substituted (5.3.2015) by Infrastructure Act 2015 (c. 7), s. 57(1), Sch. 1 para. 5(3)(a); S.I. 2015/481, reg. 2(a)

F30 Words in s. 4(2) substituted (5.3.2015) by Infrastructure Act 2015 (c. 7), s. 57(1), Sch. 1 para. 5(3)(b); S.I. 2015/481, reg. 2(a)

F31 Words in s. 4(3) omitted (5.3.2015) by virtue of Infrastructure Act 2015 (c. 7), s. 57(1), Sch. 1 para. 5(4)(a); S.I. 2015/481, reg. 2(a)

F32 Words in s. 4(3) substituted (5.3.2015) by Infrastructure Act 2015 (c. 7), s. 57(1), Sch. 1 para. 5(4)(b); S.I. 2015/481, reg. 2(a)

F33 Word inserted by Local Government Act 1985 (c. 51, SIF 81:1), s. 8, Sch. 4 para. 3

F34 Words in s. 4(4) substituted (5.3.2015) by Infrastructure Act 2015 (c. 7), s. 57(1), Sch. 1 para. 5(5); S.I. 2015/481, reg. 2(a)

F35 Words in s. 4(5) substituted (5.3.2015) by Infrastructure Act 2015 (c. 7), s. 57(1), Sch. 1 para. 5(5); S.I. 2015/481, reg. 2(a)

5 Agreement for local highway authority to maintain and improve certain highways constructed or to be constructed by Minister[F36 or strategic highways company]. E+W

(1) The local highway authority may by agreement with the Minister[F37 or a strategic highways company ] undertake the maintenance and improvement of a highway in [F38 the local highway authority's] area, being a highway (other than a trunk road) which the Minister[F39 or the company] proposes to construct or has, whether before or after the commencement of this Act, constructed.

(2) Where an agreement is made under this section the council who are a party to the agreement shall, on such date as may be provided by the agreement, become the highway authority for the highway to which the agreement relates.

Textual Amendments

F36 Words in s. 5 heading inserted (5.3.2015) by Infrastructure Act 2015 (c. 7), s. 57(1), Sch. 1 para. 6(3); S.I. 2015/481, reg. 2(a)

F37 Words in s. 5(1) inserted (5.3.2015) by Infrastructure Act 2015 (c. 7), s. 57(1), Sch. 1 para. 6(2)(a); S.I. 2015/481, reg. 2(a)

F38 Words in s. 5(1) substituted (5.3.2015) by Infrastructure Act 2015 (c. 7), s. 57(1), Sch. 1 para. 6(2)(b); S.I. 2015/481, reg. 2(a)

F39 Words in s. 5(1) inserted (5.3.2015) by Infrastructure Act 2015 (c. 7), s. 57(1), Sch. 1 para. 6(2)(c); S.I. 2015/481, reg. 2(a)

6 Delegation etc. of functions with respect to trunk roads. E+W

(1) The Minister [F40 or a strategic highways company] may by agreement with a county council, [F41 a metropolitan district council], or a London borough council delegate to that council all or any of his [F42 or its] functions (including functions under a local or private Act) with respect to the maintenance and improvement of, and other dealing with, any trunk road or any land which does not form part of a trunk road but which has been acquired by him [F43 or it] in connection with a trunk road under section 239(2) or (4) or section 246 below;. . . F44

[F45 (1A) The Minister[F46 or a strategic highways company ] shall not delegate functions to a council under subsection (1) above—

(a) with respect to a trunk road or land outside [F47 that council's] area but within a non-metropolitan county or London borough, except with the consent of the council of that county or borough;

(b) with respect to a trunk road or land outside [F47 that council's] area but within a metropolitan district except after consultation with the council of that district.]

[F48 (1B) The Minister [F49 or a strategic highways company ] shall not delegate functions to a council under subsection (1) above with respect to a trunk road or land outside [F50 that council's] area but in Wales except after consultation with the Welsh council in whose area it is situated; and subsection (1A) does not apply in relation to a trunk road or land in Wales.]

(2) A council shall, in the exercise of any functions delegated to them under subsection (1) above, act as agents for the Minister [F51 or a strategic highways company] and in accordance with such conditions as [F52 may be attached] to the delegation, and among such conditions there shall be included the following—

(a) that the works to be executed and the expenditure to be incurred by the council in the discharge of the delegated functions shall be subject to the approval of the Minister [F51 or a strategic highways company];

(b) that the council shall comply with any requirement of the Minister[F51 or a strategic highways company] as to the manner in which any such works are to be carried out, and with any directions of the Minister [F51 or a strategic highways company] as to the terms of contracts to be entered into for the purposes of the discharge of the delegated functions; and

(c) that any such works shall be completed to the satisfaction of the Minister [F51 or a strategic highways company ].

(3) If at any time the Minister [F53 or a strategic highways company] is satisfied that a trunk road or land with respect to which functions are delegated under subsection (1) above is not in proper repair and condition, he[F54 or the company] may give notice to the council requiring them to place it in proper repair and condition within such time as may be specified in the notice, and if the notice is not complied with the Minister [F53 or a strategic highways company] may do anything that seems to him [F55 or the company] necessary to place the road or land in proper repair and condition.

(4) A delegation to a council under subsection (1) above may be determined by notice given by the Minister [F56 or a strategic highways company] to the council during the first 9 months of any calendar year, or the functions so delegated may be relinquished by a notice given by the council to the Minister [F56 or a strategic highways company] during any such period; and the notice shall take effect as from 1st April in the calendar year following that in which it is given.

(5) The Minister [F57 or a strategic highways company] may enter into an agreement with a county council, [F58 a metropolitan district council] or a London borough council—

(a) for the construction of a trunk road, or

(b) for the carrying out by [F59 the council] of any work of improvement of, or other dealing with, any trunk road or any such land as is mentioned in subsection (1) above;

and subsection (2) above applies to the discharge of the functions of a council under any such agreement and to the conditions to be included in any such agreement as it applies to the discharge of functions delegated under subsection (1) above to any such council and to the conditions to be attached to any such delegation.

(6) Where—

(a) any functions have been delegated by the Minister [F60 or a strategic highways company] to a county council under subsection (1) above, or

(b) the Minister [F60 or a strategic highways company] has entered into an agreement with a county council under subsection (5) above,

the county council [F61 (the “responsible council”)] may, with the consent of the Minister [F60 or a strategic highways company], enter into arrangements with a district council [F62 or Welsh council (the “contracting council”)] for the carrying out by the [F63 contracting]council, in accordance with the arrangements, of such of the delegated functions or, as the case may be, of the functions to which the agreement relates as may be specified in the arrangements;. . . F64

[F65 (6A) No arrangements shall be entered into under subsection (6) above for the carrying out by a [F66 contracting council] of any functions—

(a) with respect to a trunk road or land outside their area but within a non-metropolitan district, except with the consent of the council of the non-metropolitan district;

(b) with respect to a trunk road or land outside their area but within a metropolitan district, except after consultation with the council of the metropolitan district.]

[F67 (c) with respect to a trunk road or land in Wales but outside the area—

(i) of the responsible council; and

(ii) of the contracting council,

except after consultation with the Welsh council in whose area the trunk road or land is situated.]

(7) Plant or materials belonging to a council by whom functions fall to be exercised by virtue of a delegation, or agreement or arrangements under this section may be used by them for the purposes of those functions subject to the terms of the delegation, or agreement or arrangements.

(8) Nothing in this section limits the power of the Minister [F68 or a strategic highways company] to enter into and carry into effect agreements with any person for any purpose connected with the construction, improvement or maintenance of, or other dealing with, a trunk road or otherwise connected with his [F69 or the company's] functions relating to trunk roads under this or any other Act; but no such agreement shall provide for the delegation of powers or duties of the Minister [F68 or a strategic highways company] except in accordance [F70 with

(a) the provisions of this section; or

(b) the provisions of any order made under section 69 of the Deregulation and Contracting Out Act 1994.]

Textual Amendments

F40 Words in s. 6(1) inserted (5.3.2015) by Infrastructure Act 2015 (c. 7), s. 57(1), Sch. 1 para. 7(2)(a); S.I. 2015/481, reg. 2(a)

F41 Words substituted by Local Government Act 1985 (c. 51, SIF 81:1), s. 8, Sch. 4 para. 4(a)(i)

F42 Words in s. 6(1) inserted (5.3.2015) by Infrastructure Act 2015 (c. 7), s. 57(1), Sch. 1 para. 7(2)(b); S.I. 2015/481, reg. 2(a)

F43 Words in s. 6(1) inserted (5.3.2015) by Infrastructure Act 2015 (c. 7), s. 57(1), Sch. 1 para. 7(2)(c); S.I. 2015/481, reg. 2(a)

F44 Words repealed by Local Government Act 1985 (c. 51, SIF 81:1), ss. 8, 102, Sch. 4 para. 4(a)(ii), Sch. 17

F45 S. 6(1A) inserted by Local Government Act 1985 (c. 51, SIF 81:1), s. 8, Sch. 4 para. 4(b)

F46 Words in s. 6(1A) inserted (5.3.2015) by Infrastructure Act 2015 (c. 7), s. 57(1), Sch. 1 para. 7(3)(a); S.I. 2015/481, reg. 2(a)

F47 Words in s. 6(1A) substituted (5.3.2015) by Infrastructure Act 2015 (c. 7), s. 57(1), Sch. 1 para. 7(3)(b); S.I. 2015/481, reg. 2(a)

F48 S. 6(1B) inserted (1.4.1996) by 1994 c. 19, s. 22(1), Sch. 7 Pt. I para. 2(2) (with s. 54(7), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 3, Sch.1.

F49 Words in s. 6(1B) inserted (5.3.2015) by Infrastructure Act 2015 (c. 7), s. 57(1), Sch. 1 para. 7(4)(a); S.I. 2015/481, reg. 2(a)

F50 Words in s. 6(1B) substituted (5.3.2015) by Infrastructure Act 2015 (c. 7), s. 57(1), Sch. 1 para. 7(4)(b); S.I. 2015/481, reg. 2(a)

F51 Words in s. 6(2) inserted (5.3.2015) by Infrastructure Act 2015 (c. 7), s. 57(1), Sch. 1 para. 7(5)(a); S.I. 2015/481, reg. 2(a)

F52 Words in s. 6(2) substituted (5.3.2015) by Infrastructure Act 2015 (c. 7), s. 57(1), Sch. 1 para. 7(5)(b); S.I. 2015/481, reg. 2(a)

F53 Words in s. 6(3) inserted (5.3.2015) by Infrastructure Act 2015 (c. 7), s. 57(1), Sch. 1 para. 7(6)(a); S.I. 2015/481, reg. 2(a)

F54 Words in s. 6(3) inserted (5.3.2015) by Infrastructure Act 2015 (c. 7), s. 57(1), Sch. 1 para. 7(6)(b); S.I. 2015/481, reg. 2(a)

F55 Words in s. 6(3) inserted (5.3.2015) by Infrastructure Act 2015 (c. 7), s. 57(1), Sch. 1 para. 7(6)(c); S.I. 2015/481, reg. 2(a)

F56 Words in s. 6(4) inserted (5.3.2015) by Infrastructure Act 2015 (c. 7), s. 57(1), Sch. 1 para. 7(7); S.I. 2015/481, reg. 2(a)

F57 Words in s. 6(5) inserted (5.3.2015) by Infrastructure Act 2015 (c. 7), s. 57(1), Sch. 1 para. 7(8)(a); S.I. 2015/481, reg. 2(a)

F58 Words substituted by Local Government Act 1985 (c. 51, SIF 81:1), s. 8, Sch. 4 para. 4(c)

F59 Words in s. 6(5)(b) substituted (5.3.2015) by Infrastructure Act 2015 (c. 7), s. 57(1), Sch. 1 para. 7(8)(b); S.I. 2015/481, reg. 2(a)

F60 Words in s. 6(6) inserted (5.3.2015) by Infrastructure Act 2015 (c. 7), s. 57(1), Sch. 1 para. 7(9); S.I. 2015/481, reg. 2(a)

F61 Words in s. 6(6) inserted (1.4.1996) by 1994 c. 19, s. 22(1), Sch. 7 Pt. I para. (3)(a) (with s. 54(7), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 3, Sch.1.

F62 Words in s. 6(6) inserted (1.4.1996) by 1994 c. 19, s. 22(1), Sch. 7 Pt. I para. 2(3)(b) (with s. 54(7), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 3, Sch.1.

F63 Words in s. 6(6) substituted (1.4.1996) by 1994 c. 19, s. 22(1), Sch. 7 Pt. I para. 2(3)(c) (with s. 54(7), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 3, Sch.1.

F64 Words repealed by Local Government Act 1985 (c. 51, SIF 81:1), ss. 8, 102, Sch. 4 para. 4(d), Sch. 17

F65 S. 6(6A) inserted by Local Government Act 1985 (c. 51, SIF 81:1), s. 8, Sch. 4 para. 4(e)

F66 Words in s. 6(6A) substituted (1.4.1996) by 1994 c. 19, s. 22(1), Sch. 7 Pt. I para. 2(4) (with s. 54(7), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 3, Sch.1.

F67 S. 6(6A)(c) inserted (1.4.1996) by 1994 c. 19, s. 22(1), Sch. 7 Pt. I para. 2(4) (with s. 54(7), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 3, Sch.1.

F68 Words in s. 6(8) inserted (5.3.2015) by Infrastructure Act 2015 (c. 7), s. 57(1), Sch. 1 para. 7(10)(a); S.I. 2015/481, reg. 2(a)

F69 Words in s. 6(8) inserted (5.3.2015) by Infrastructure Act 2015 (c. 7), s. 57(1), Sch. 1 para. 7(10)(b); S.I. 2015/481, reg. 2(a)

F70 Words in s. 6(8) substituted (25.7.1995) by S.I. 1995/1986, art. 3.

Modifications etc. (not altering text)

C1 S. 6 restricted (13.2.1992) by Severn Bridges Act 1992 (c. 3), s. 15(6)

C2 S. 6 functions made exercisable concurrently (23.12.2016) by The Greater Manchester Combined Authority (Functions and Amendment) Order 2016 (S.I. 2016/1267), arts. 1(2), 9(1)(a), (2)

C3 S. 6 functions made exercisable concurrently (9.2.2017) by The West of England Combined Authority Order 2017 (S.I. 2017/126), arts. 1(3), 9(1)

7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F71 E+W

Textual Amendments

F71 S. 7 repealed by Local Government Act 1985 (c. 51, SIF 81:1), s. 102, Sch. 17

8 Agreements between local highway authorities [F72 and strategic highways companies] for doing of certain works. E+W

(1) Subject to the provisions of this section, local highway authorities [F73 and strategic highways companies ] may enter into agreements with [F74 other such authorities and companies] for or in relation to the construction, reconstruction, alteration, improvement or maintenance of a highway for which any party to the agreement are the highway authority.

(2) An agreement under this section may provide, in relation to a highway specified in the agreement, being a highway for which one of the parties to the agreement are the highway authority, that any functions specified in the agreement, being functions exercisable as respects that highway by the highway authority therefor, shall be exercisable by some other party to the agreement on such terms and subject to such conditions (if any) as may be so specified.

(3) Where under an agreement made under this section any function of the highway authority for a highway is exercisable by another highway authority, then, for the purpose of exercising that function that other highway authority shall have the same powers under this Act (including highway land acquisition powers) as the highway authority for the highway have for that purpose, and in exercising that function and those powers they shall have the like rights and be subject to the like liabilities as that authority.

(4) The council of a county [F75 (other than one in Wales)] may not enter into an agreement under this section with the council of another county [F76 or county borough] unless [F77 their areas] adjoin each other [F78 ; and the council of a metropolitan district may not enter into an agreement under this section with the council of another metropolitan district or of a county [F79 or county borough] unless the districts are in the same county or in counties which adjoin each other or, as the case may be, the county in which the district is situated and the other county [F80 or, as the case may be, county borough] adjoin each other.].

(5) Expenses incurred in pursuance of an agreement made under this section shall be borne for the parties to the agreement in such proportions as may be determined by the agreement.

Textual Amendments

F72 Words in s. 8 heading inserted (5.3.2015) by Infrastructure Act 2015 (c. 7), s. 57(1), Sch. 1 para. 8(3); S.I. 2015/481, reg. 2(a)

F73 Words in s. 8(1) inserted (5.3.2015) by Infrastructure Act 2015 (c. 7), s. 57(1), Sch. 1 para. 8(2)(a); S.I. 2015/481, reg. 2(a)

F74 Words in s. 8(1) substituted (5.3.2015) by Infrastructure Act 2015 (c. 7), s. 57(1), Sch. 1 para. 8(2)(b); S.I. 2015/481, reg. 2(a)

F75 Words in s. 8(4) inserted (1.4.1996) by 1994 c. 19, s. 22(1), Sch. 7 Pt. I para. 3(a) (with s. 54(7), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 3, Sch.1.

F76 Words in s. 8(4) inserted (1.4.1996) by 1994 c. 19, s. 22(1), Sch. 7 Pt. I para. 3(b) (with s. 54(7), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 3, Sch.1.

F77 Words in s. 8(4) substituted (1.4.1996) by 1994 c. 19, s. 22(1), Sch. 7 Pt. I para. 3(c) (with s. 54(7), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 3, Sch.1.

F78 Words inserted by Local Government Act 1985 (c. 51, SIF 81:1), s. 8, Sch. 4 para. 5

F79 Words in s. 8(4) inserted (1.4.1996) by 1994 c. 19, s. 22(1), Sch. 7 Pt. I para. 3(d) (with s. 54(7), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 3, Sch.1.

F80 Words in s. 8(4) inserted (1.4.1996) by 1994 c. 19, s. 22(1), Sch. 7 Pt. I para. 3(e) (with s. 54(7), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 3, Sch.1.

Modifications etc. (not altering text)

C4 S. 8 restricted by Local Government Act 1985 (c. 51, SIF 81:1), s. 91, Sch. 15 para. 1

C5 S. 8 functions made exercisable concurrently (23.12.2016) by The Greater Manchester Combined Authority (Functions and Amendment) Order 2016 (S.I. 2016/1267), arts. 1(2), 9(1)(b)(2)(3)

C6 S. 8 functions made exercisable concurrently (9.2.2017) by The West of England Combined Authority Order 2017 (S.I. 2017/126), arts. 1(3), 9(2)

C7 S. 8(3) modified (23.12.2016) by The Greater Manchester Combined Authority (Functions and Amendment) Order 2016 (S.I. 2016/1267), arts. 1(2), 9(3)

9 Seconding of staff etc. E+W

(1) A council may enter into an agreement with the Minister[F81 or a strategic highways company ] for placing at his[F82 or the company's] disposal for the purposes of his[F82 or the company's] functions relating to highways, on such terms as may be provided by the agreement, the services of persons employed by the council and any premises, equipment and other facilities under the control of the council.

(2) For superannuation purposes service rendered by a person whose services are placed at the disposal of the Minister[F83 or a strategic highways company] in pursuance of this section is service rendered to the council by whom that person is employed.

Textual Amendments

F81 Words in s. 9(1) inserted (5.3.2015) by Infrastructure Act 2015 (c. 7), s. 57(1), Sch. 1 para. 9(2)(a); S.I. 2015/481, reg. 2(a)

F82 Words in s. 9(1) inserted (5.3.2015) by Infrastructure Act 2015 (c. 7), s. 57(1), Sch. 1 para. 9(2)(b); S.I. 2015/481, reg. 2(a)

F83 Words in s. 9(2) inserted (5.3.2015) by Infrastructure Act 2015 (c. 7), s. 57(1), Sch. 1 para. 9(3); S.I. 2015/481, reg. 2(a)