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Highways Act 1980
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- 1980 c. 66
- SCHEDULE 5
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Changes to legislation:
Highways Act 1980, SCHEDULE 5 is up to date with all changes known to be in force on or before 19 November 2024. 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.
Changes to Legislation
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 90B(1A) inserted by 2015 c. 20 Sch. 10 para. 15(3)
- s. 90C(2)(2A) substituted for s. 90C(2) by 2015 c. 20 Sch. 10 para. 16(3)
- s. 90FA inserted by 2015 c. 20 Sch. 10 para. 20
- s. 118ZA(5)(a) words inserted by 2015 c. 20 s. 25(3)
- s. 120(3ZA) inserted by 2000 c. 37 Sch. 6 para. 13(6)
- s. 121E(1A)(1B) inserted by 2015 c. 20 s. 23(5)
- s. 146(6) inserted by 2015 c. 20 s. 24(6)(d)
- s. 147(1A) inserted by 2015 c. 20 s. 24(3)
- s. 147(5A) inserted by 2015 c. 20 s. 24(5)
- s. 203(2)(b)(ia) inserted by S.I. 2023/908 reg. 6(2)(b)
- s. 219(1)(a)(i)(ii) inserted by S.I. 2023/908 reg. 6(3)
- s. 220(1A) inserted by S.I. 2023/908 reg. 6(4)(b)
- s. 223(1A) inserted by S.I. 2023/908 reg. 6(5)(b)
- s. 223(5A) inserted by S.I. 2023/908 reg. 6(5)(d)
- s. 223(5B)-(6) s. 223(6) renumbered as s. 223(5B)(6) by S.I. 2023/908 reg. 6(5)(e)
- s. 322(5)(ab) inserted by 2004 c. 18 s. 64(2)
- s. 325(2B) inserted by 2015 c. 20 Sch. 10 para. 21
- s. 337(c) inserted by 2024 asc 3 Sch. 3 para. 2(10)(b)
- Sch. 6 para. 1(3ZA) inserted by 2015 c. 20 Sch. 7 para. 8(2)(b)
- Sch. 6 para. 2(2ZA)-(2ZE) inserted by 2015 c. 20 Sch. 7 para. 8(3)
- Sch. 6 para. 2(4) inserted by 2015 c. 20 Sch. 7 para. 8(4)
- Sch. 6 para. 2(5)(6) inserted by 2015 c. 20 Sch. 7 para. 8(5)
- Sch. 6 para. 2ZZA inserted by 2015 c. 20 Sch. 7 para. 8(6)
- Sch. 6 para. 4A(2) inserted by 2015 c. 20 Sch. 7 para. 8(7)(c)
- Sch. 6 para. 5(ba) inserted by 2015 c. 20 Sch. 7 para. 8(8)
- Sch. 6 para. 4A(1) words renumbered as Sch. 6 para. 4A(1) by 2015 c. 20 Sch. 7 para. 8(7)(a)
- Sch. 6 para. 4A(1) words substituted by 2015 c. 20 Sch. 7 para. 8(7)(b)
- Sch. 6 Pt. 1 para. 2B(4) inserted by 2015 c. 20 s. 25(6)
Section 21.
SCHEDULE 5E+W Modifications of Certain Provisions of [F1the Town and Country Planning Act 1990] as Applied by Section 21
Textual Amendments
Part IE+W Modifications in Relation to Land Referred to in Paragraph (a) or (b) of Section 21(2)
1E+WFor references in [F2sections 271, 272, 274, 279(2) to (4), 280 and 282 of the Town and Country Planning Act 1990 (referred to in this Schedule as “the 1990 Act”)] to the acquiring or appropriating authority substitute references to the special road authority.
Textual Amendments
[F32E+WIn subsection (2) of section 271 and of section 272 for the words from “any development” to “appropriated” substitute “any works in pursuance of the scheme or order, or as the case may be, for the purpose of ensuring that the highway can be safely used as a special road”].
Textual Amendments
F3Sch. 5 Pt. I para. 2 substituted by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 4 Sch. 2 para. 45(19)(c)
3E+WThe references in [F4subsection (5) of the said section 271 and of the said section 272 and subsections (2) and (3) of the said section 274] to a local authority or statutory undertakers include references to the special road authority, when[F5a strategic highways company or] a local highway authority.
Textual Amendments
F4Words substituted by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 4, Sch. 2 para. 45(19)(d)
F5Words in Sch. 5 Pt. 1 para. 3 inserted (5.3.2015) by Infrastructure Act, Sch. 1 para. 65(2)
4E+WIn paragraph (b) of [F6section 273(1) of the 1990 Act] for the words “development to be carried out on the land is” substitute “the works to be executed by the special road authority or, as the case may be, that the effect of the conversion of the highway into a special road, will be”.
Textual Amendments
F6Words substituted by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 4, Sch. 2 para. 45(19)(e)
5E+WFor subsection (2) of the said [F7section 273] substitute the following:—
“(2)No notice under this section shall be served later than 21 days after the date of the commencement of the works or as the case may be, the date of the coming into operation of the order by means of which the highway is appropriated by or transferred to the special road authority.”.
Textual Amendments
F7Words substituted by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 4, Sch. 2 para. 45(19)(f)
6E+WFor references in subsections (3) and (6) of the said [F8section 273] to the authority or the acquiring or appropriating authority substitute references to the special road authority.
Textual Amendments
F8Words substituted by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 4, Sch. 2 para. 45(19)(f)
Part IIE+W Modifications in Relation to Land Referred to in Paragraph (c) of Section 21(2)
1E+WFor references in [F9sections 271, 272, 274, 279(2) to (4), 280 and 282 of the 1990 Act] to the acquiring or appropriating authority substitute references to the Minister,[F10the strategic highways company,] the special road authority or the local highway authority, as the case may be, by whom the order in question was made.
Textual Amendments
F9Words substituted by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 4, Sch. 2 para. 45(19)(g)
F10Words in Sch. 5 Pt. 2 para. 1 inserted (5.3.2015) by Infrastructure Act, Sch. 1 para. 65(3)(a)
[F112E+WIn subsection (2) of section 271 and of section 272 for the words from “is necessary” to “appropriated” substitute “is made necessary by the works in connection with which the stopping up or diversion of the highways is or was authorised”.]
Textual Amendments
F11Sch. 5 Pt. II para. 2 substituted by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 4, Sch. 2 para. 45(19)(h)
3E+WThe references in [F12subsection (5) of the said section 271 and of the said section 272 and subsections (2) and (3) of the said section 274] to a local authority or statutory undertakers include references to[F13a strategic highways company or ] a local highway authority.
Textual Amendments
F12Words substituted by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 4, Sch. 2 para. 45(19)(i)
F13Words in Sch. 5 Pt. 2 para. 3 inserted (5.3.2015) by Infrastructure Act, Sch. 1 para. 65(3)(b)
4E+WFor subsections (1) and (2) of [F14section 273 of the 1990 Act] substitute the following:—
“(1)Subject to the provisions of this section, where the stopping up or diversion of a highway is or was authorised by an order under section 14 or section 18 of the Highways Act 1980, and—
(a)there is on, under or over the land over which that highway subsists or subsisted any apparatus vested in or belonging to statutory undertakers; and
(b)the undertakers claim that the works in connection with which the stopping up or diversion of the highway is or was authorised are such as to require, on technical or other grounds connected with the carrying on of their undertaking, the removal or re-siting of their apparatus,
the undertakers may serve on the Minister,[F15the strategic highways company, ] the special road authority or the local highway authority, as the case may be, by whom the order was made a notice claiming the right to enter on the land and carry out such works for the removal or re-siting of the apparatus or any part of it as may be specified in the notice.
(2)No notice under this section shall be served later than twenty-one days after the later of the following dates, that is to say, the date of the coming into operation of the order in question and the date of the commencement of the works in connection with which the stopping up or diversion of the highway is or was authorised.”.
Textual Amendments
F14Words substituted by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 4, Sch. 2 para. 45(19)(j)
F15Words in Sch. 5 Pt. 2 para. 4 inserted (5.3.2015) by Infrastructure Act, Sch. 1 para. 65(3)(c)
5E+WFor references in subsections (3) and (6) of [F16the said section 273] to the authority or to the acquiring or appropriating authority substitute references to the Minister,[F17the strategic highways company,] the special road authority or the local highway authority as the case may be, by whom the order in question was made.
Textual Amendments
F16Words substituted by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 4, Sch. 2 para. 45(19)(k)
F17Words in Sch. 5 Pt. 2 para. 5 inserted (5.3.2015) by Infrastructure Act, Sch. 1 para. 65(3)(d)
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