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Highways Act 1980, SCHEDULE 9 is up to date with all changes known to be in force on or before 02 September 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.
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Sections 73, 74.
1E+WBefore a line is prescribed by the Minister he shall consult the councils of the county and district, or in Greater London the local authority, in whose area is situated the street or highway in relation to which the line is to be prescribed.
2E+WBefore a line is prescribed by a county council, as highway authority, they shall consult the council of the district in which is situated the street or highway in relation to which the line is to be prescribed.
[F12AE+WParagraph 2 above does not apply in relation to a street or highway in Wales.]
Textual Amendments
F1Sch. 9 para. 2A inserted (1.4.1996) by 1994 c. 19, s. 22(1), Sch. 7 Pt. I para.28 (with s. 54(7), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 3, Sch.1.
3E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2
Textual Amendments
4E+WA line which a highway authority propose to prescribe shall be shown on a plan to be signed, if the authority are a council, by the proper officer of the council.
5E+WThe plan shall be deposited at the offices of the authority or, if the Minister is the authority, at such place as he may direct, and may be inspected by any person free of charge at all reasonable hours during a period of one month from the day on which it is so deposited.
6E+WAs soon as the plan has been so deposited the authority shall give notice of the proposal to prescribe the line and of the times and place at which the plan may be inspected, and of the effect of section 73 of this Act or, as the case may require, section 74 of this Act and of paragraph 7 below to every owner, lessee and occupier of land affected.
7E+WThe authority shall consider any objection to the proposed line made within 6 weeks from the date on which the notices aforesaid were given and may then prescribe the line.
8E+WNot later than 6 weeks after the date on which the authority prescribe the line they shall prepare a plan, duly sealed and authenticated, on which the line shall be shown and shall give notice of the prescribing of the line and of the time and place at which the said plan may be inspected to every owner, lessee and occupier of land affected.
9E+WIf the authority revoke the line, they shall—
(a)give notice of the revocation to every owner, lessee or occupier of land affected and to[F3the Chief Land Registrar]; and
(b)indicate on the plan prepared in accordance with paragraph 8 above the extent to which the line has been revoked.
Textual Amendments
F3Words in Sch. 9 para. 9(a) substituted (12.4.2015) by Infrastructure Act 2015 (c. 7), s. 57(5)(e), Sch. 5 para. 35 (with Sch. 5 Pt. 4)
10E+WWhere a local highway authority prescribe a line or revoke a line or any part thereof they shall do so by resolution.
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