Highways Act 1980

Regulations, schemes, orders, etc.

324 Regulations for procedure in connection with, and centre line of roads authorised etc. by, certain schemes and orders

(1) Subject to Schedule 1 to this Act, the Minister of Transport may make regulations for prescribing the procedure to be followed in connection with the making and confirmation of schemes under section 16 above and orders under sections 17 and 18 above.

(2) The Minister shall make regulations for securing that the centre line of—

(a) a special road authorised by a scheme under section 16 above,

(b) a proposed highway directed by an order under section 10 above to become a trunk road, or

(c) a new highway to be constructed in pursuance of an order under section 14 or 18 above,

is indicated on a map on such scale as may be prescribed by the regulations and for securing that any limits of deviation which apply in relation to the centre line of that road or highway or any part thereof by virtue of subsection (3) below are indicated or stated in such manner as may be prescribed by the regulations.

(3) Where any such scheme or order as is referred to in subsection (2) above so provides in relation to a road or highway to which it relates or any part thereof, being such a road or highway as is referred to in that subsection, the centre line of that road or highway or that part thereof, as the case may be, may deviate from the centre line as indicated on the map referred to in that subsection within such limits of deviation, not exceeding 55 yards on either side of the centre of that line, as may be specified in the scheme or order.

325 Provisions as to regulations, schemes and orders

(1) The following powers conferred by this Act on: a Minister of the Crown are exercisable by statutory instrument:—

(a) all powers to make regulations,

(b) the power to make or confirm schemes under section 16 above, and the power to confirm schemes under section 106(3) above,

(c) the power to make byelaws under section 186 above, and

(d) all powers to make or confirm orders, except those conferred by any of the following provisions of this Act, namely, sections 14, 18, 20, 26, 27, 108(1), 118, 119,120 and 124 and paragraph 2 of Schedule 21.

(2) A statutory instrument containing—

(a) regulations made under this Act, other than a statutory instrument containing only regulations made under section 257(4) above, or

(b) an order made under section 344(4) below,

is subject to annulment in pursuance of a resolution of either House of Parliament.

(3) A statutory instrument containing an order made under section 17 above is of no effect unless it is approved by resolution of each House of Parliament.

326 Revocation and variation of schemes and orders

(1) Section 14(b) of the [1978 c. 30.] 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 or 186 of this Act.

(2) An order made or confirmed by the Minister, or the Secretary of State, under section 14, 18, 20, 27, 108(1), 120, or 124 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.

(3) Subject to the provisions of subsection (4) below, an order made by the Greater London Council under this Act may be revoked or varied by a subsequent order made in the like manner and subject to the like provisions.

(4) Subsection (3) above does not apply to—

(a) an order made under subsection (6) of section 157 confirming a scheme made under that subsection but the Greater London Council may subsequently by order modify such a scheme, in so far as it imposes a prohibition or restriction on the execution of any works, in such manner as they may consider expedient,

(b) an order made under section 158.

(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, a public path 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, 17, 18, 108(1) or 124 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.