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Highways Act 1980

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Changes over time for: Cross Heading: Limitations on matters to be dealt with by orders

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Point in time view as at 03/03/2017.

Changes to legislation:

Highways Act 1980, Cross Heading: Limitations on matters to be dealt with by orders is up to date with all changes known to be in force on or before 28 February 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

Limitations on matters to be dealt with by ordersE+W

1E+WThe Minister shall not by an order under section 93 of this Act (hereafter in this Schedule referred to as “an order”) direct that a swing bridge crossing a canal is to be operated otherwise than by the owners of the canal unless he is satisfied, after considering any representations made to him by the owners of the canal, that the facilities for traffic on the canal will not be prejudiced thereby.

2E+WThe Minister shall not by an order with respect to a swing bridge modify any statutory provisions relating to precedence of traffic.

3E+WThe Minister shall not by an order with respect to a bridge crossing a railway or a canal modify any statutory provisions relating to the headway of the bridge or the width of the canal without the consent of the owners of the railway or canal.

4E+WAn order made with respect to—

(a)a bridge owned by railway undertakers which carries a highway over a railway of the the undertakers, or carries both a highway and such a railway, or

(b)a bridge owned by dock undertakers or harbour undertakers, or

(c)a bridge, other than one falling within sub-paragraph (a) above, owned by [F1Canal & River Trust] and forming part of so much of the undertaking of [F2Canal & River Trust] as corresponds to the undertaking of the Weaver Navigation Trustees prior to the vesting of that undertaking in the British Transport Commission F3... under the M1Transport Act 1947,

shall not, without the consent of the owners of the bridge, either—

(i)require works for the reconstruction or improvement of the bridge to be carried out otherwise than by the owners, or

(ii)direct the bridge to be maintained otherwise than by the owners, or

(iii)transfer the property in the bridge to a highway authority, or

(iv)in the case of a swing bridge, direct the bridge to be operated otherwise than by the owners.

5E+WNothing in an order made with respect to—

(a)a bridge owned by railway undertakers and crossing a railway of the undertakers, or

(b)a bridge owned by canal undertakers and crossing a canal of the undertakers, or

(c)a bridge owned by dock undertakers, or by harbour undertakers, crossing a railway, lock, passage or other work of the undertakers,

shall, without the consent of the owners of the bridge, require the bridge to be altered or reconstructed in such a manner as to necessitate an alteration in the level, or reduction in the width, of the railway, canal, lock, passage or work, or to reduce the headway of the bridge as existing at the date of the order.

6E+WAn order requiring the reconstruction of a bridge crossing a canal, or of the approaches to such a bridge, shall, unless the owners of the bridge agree to the contrary, direct the bridge, the highway carried by the bridge, and the approaches to the bridge to be maintained by a highway authority.

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