Highways Act 1980

120 Exercise of powers of making public path extinguishment and diversion orders. E+W

(1) Where a footpath or bridleway lies partly within and partly outside the area of a council the powers conferred by sections 118 [F1 to 119A] above on the council extend, subject to subsection (2) below, to the whole of the path or way as if it lay wholly within their area.

(2) The powers of making [F2 orders under sections 118 to 119A] above are not exercisable by a council—

(a) with respect to any part of a footpath or bridleway which is within their area, without prior consultation with [F3 any] other council in whose area that part of the footpath or bridleway is situated;

(b) with respect to any part of a footpath or bridleway which is outside their area, without the consent of every council in whose area it is; and

(c) with respect to any part of a footpath or bridleway in a National Park, without prior consultation with the [F4 Countryside Agency][F5 (if the National Park is in England) or the Countryside Council for Wales (if the National Park is in Wales)].

(3) Where it appears to the Secretary of State as respects a footpath or bridleway that it is expedient as mentioned in section 118(1) [F6 or 118A(1) or 119A(1)] above that the path or way should be stopped up [F7 or diverted], or where an owner, lessee or occupier of land crossed by a footpath or bridleway satisfies the Secretary of State that a diversion of it is expedient as mentioned in section 119(1) above, then if—

(a) no council having power to do so have made and submitted to him a public path extinguishment order [F8 , a rail crossing extinguishment order, a rail crossing diversion order] or a public path diversion order, as the case may be, and

(b) the Secretary of State is satisfied that, if such an order were made and submitted to him, he would have power to confirm the order in accordance with the provisions in that behalf of sections 118 [F9 to 119A] above,

he may himself make the order after consultation [F10 (subject to subsection (3A) below)]with the appropriate authority.

[F11 (3A) Where—

(a) the operator of a railway makes a request to a council to make an order under section 118A or 119A above in respect of a crossing over the railway,

(b) the request is in such form and gives such particulars as are prescribed by regulations made by the Secretary of State, and

(c) the council have neither confirmed the order nor submitted it to the Secretary of State within 6 months of receiving the request,

the power conferred on the Secretary of State by subsection (3) above may be exercised without consultation with the council.]

(4) A council proposing to make a public path diversion order [F12 or a rail crossing diversion order] such that the authority who will be the highway authority for a part of the path or way after the diversion will be a different body from the authority who before the diversion are the highway authority for it shall, before making the order, notify the first mentioned authority.

(5) Where under subsection (3) above the Secretary of State decides to make a public path diversion order, [F13 or, on the representations of the operator of the railway concerned, a rail crossing diversion order, he may require the person] on whose representations he is acting to enter into an agreement with such council as he may specify [F14 for that person] to defray, or to make such contribution as may be specified in the agreement towards any such compensation or expenses as are specified in paragraphs (a), (b) and (c) of section 119(5) [F15 , or as the case may be 119A(8),] above.

Textual Amendments

F1 Words in s. 120(1) substituted (22.12.1992 for certain purposes and otherwise 31.1.1993) by Transport and Works Act 1992 (c. 42), s. 47, Sch. 2 para. 5(2); S.I. 1992/3144, arts. 2, 3, Sch.

F2 Words in s. 120(2) substituted (22.12.1992 for certain purposes and otherwise 31.1.1993) by Transport and Works Act 1992 (c. 42), s. 47, Sch. 2 para. 5(3); S.I. 1992/3144, arts. 2, 3, Sch.

F3 Word in s. 120(2)(a) substituted (1.4.1996) by 1994 c. 19, s. 22(1), Sch. 7 Pt. I para. 12 (with s. 54(7), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 3, Sch. 1.

F4 Words in s. 120(2) substituted (19.2.1999) by S.I. 1999/416, art. 3, Sch. 1 para. 8(3)

F5 Words inserted (5.11.1990) by Environmental Protection Act 1990 (c. 43, SIF 46:4), ss. 130(1), 164(3), Sch. 8 para. 5(3)

F6 Words in s. 120(3) inserted (22.12.1992 for certain purposes and otherwise 31.1.1993) by Transport and Works Act 1992 (c. 42), s. 47, Sch. 2 para. 5(4)(a); S.I. 1992/3144, arts. 2, 3, Sch.

F7 Words in s. 120(3) inserted (22.12.1992 for certain purposes and otherwise 31.1.1993) by Transport and Works Act 1992 (c. 42), s. 47, Sch. 2 para. 5(4)(b); S.I. 1992/3144, arts. 2, 3, Sch.

F8 Words in s. 120(3)(a) added (22.12.1992 for certain purposes and otherwise 31.1.1993) by Transport and Works Act 1992 (c. 42), s. 47, Sch. 2 para. 5(4)(c); S.I. 1992/3144, arts. 2, 3, Sch.

F9 Words in s. 120(3)(b) substituted (22.12.1992 for certain purposes and otherwise 31.1.1993) by Transport and Works Act 1992 (c. 42), s. 47, Sch. 2 para. 5(4)(d); S.I. 1992/3144, arts. 2, 3, Sch.

F10 Words in s. 120(3) inserted (22.12.1992 for certain purposes and otherwise 31.1.1993) by Transport and Works Act 1992 (c. 42), s. 47, Sch. 2 para. 5(4)(e); S.I. 1992/3144, arts. 2, 3, Sch.

F11 S. 120(3A) inserted (22.12.1992 for certain purposes and otherwise 31.1.1993) by Transport and Works Act 1992 (c. 42), s. 47, Sch. 2 para. 5(5); S.I. 1992/3144, arts. 2, 3, Sch.

F12 Words in s. 120(4) inserted (22.12.1992 for certain purposes and otherwise 31.1.1993) by Transport and Works Act 1992 (c. 42), s. 47, Sch. 2 para. 5(6); S.I. 1992/3144, arts. 2, 3, Sch.

F13 Words in s. 120(5) substituted (22.12.1992 for certain purposes and otherwise 31.1.1993) by Transport and Works Act 1992 (c. 42), s. 47, Sch. 2 para. 5(7)(a); S.I. 1992/3144, arts. 2, 3, Sch.

F14 Words in s. 120(5) substituted (22.12.1992 for certain purposes and otherwise 31.1.1993) by Transport and Works Act 1992 (c. 42), s. 47, Sch. 2 para. 5(7)(b); S.I. 1992/3144, arts. 2, 3, Sch.

F15 Words in s. 120(5) inserted (22.12.1992 for certain purposes and otherwise 31.1.1993) by Transport and Works Act 1992 (c. 42), s. 47, Sch. 2 para. 5(7)(e); S.I. 1992/3144, arts. 2, 3, Sch.

Modifications etc. (not altering text)

C1 S. 120 extended by Norfolk and Suffolk Broads Act 1988 (c. 4, SIF 81:1), ss. 2(5)(6), 23(2), 27(2), Sch. 3 para. 47(1)

C2 S. 118-121 extended (with modifications) (19.9.1995) by 1995 c. 25, ss. 70, 125(2), Sch. 9 para. 11(c) (with ss. 7(6), 115, 117, Sch. 8 para. 7).