Highways Act 1980

New streets

10 (1) Without prejudice to paragraphs 17 to 19 below section 189 of this Act applies, in relation to any council, as respects—

(a) an order made by the council under section 159 of the [1959 c. 25.] Highways Act 1959, or

(b) an order, so far as it relates to the council's area, made by an earlier authority under that section,

as it applies to an order made by the council under section 188 of this Act (which replaces the said section 159).

(2) Any order under section 30 of the [1925 c. 71.] Public Health Act 1925 which had effect immediately before the commencement of this Act (by virtue of paragraph 22 of Schedule 24 to the Highways Act 1959) shall, subject to sub-paragraph (3) below, continue to have effect as if that section had not been repealed.

(3) Section 189 of this Act applies, in relation to any council, as respects an order having effect by virtue of sub-paragraph (2) above, so far as it relates to the council's area, as it applies to an order made by the council under section 188 of this Act.

(4) While any order under the said section 30 has effect in relation to a highway no order under section 188 of this Act shall be made in relation to that highway.

11 The repeal by this Act of the [1959 c. 25.] Highways Act 1959 does not affect the operation of any order under section 312(6) of that Act (orders extending period of operation of byelaws made under an enactment corresponding to section 157 of that Act) and any such order in force at the commencement of this Act may be varied or revoked by the Secretary of State.