Highways Act 1980

20 Restriction on laying of apparatus etc, in special roads. E+W

(1) Subject to the provisions of this section, the powers conferred on statutory undertakers by or under any enactment to lay down or erect any apparatus under, in, over, along or across any land shall not be exercisable in relation to any land comprised in the route of a special road except with the consent of the special road authority.

(2) The consent of a special road authority shall not be required under this section for the laying down or erection by statutory undertakers of any apparatus by way of renewal of any apparatus for the time being belonging to or used by them for the purpose of their undertaking.

(3) A consent of a special road authority under this section may be given subject to conditions, but those conditions shall not include a condition requiring any payment to be made by the undertakers to the special road authority in respect of the exercise of the powers to the exercise of which the consent is given.

(4) Where any apparatus in respect of which the consent of a special road authority is required under this section is to be laid down or erected along a line crossing the route of the special road but not running along that route, that authority—

(a) shall not withhold their consent under this section unless there are special reasons for doing so; and

(b) may, if they give their consent subject to conditions, make contributions to the statutory undertakers in respect of any expenses incurred by them in complying therewith.

(5) Any dispute between a special road authority and any statutory undertakers in respect of—

(a) the withholding of the consent of that authority in respect of apparatus to be laid down or erected as mentioned in subsection (4) above, or

(b) the imposition of any condition on the grant of such consent, or

(c) the making of any contributions under subsection (4)(b) above,

shall be determined by arbitration; and where the Minister is the special road authority the arbitrator shall be a single arbitrator appointed, in default of agreement between the parties concerned, by the President of the Institution of Civil Engineers.

(6) Where the consent of a special road authority is required under this section in respect of apparatus to be laid down or erected otherwise than as mentioned in subsection (4) above, and the special road authority are a local highway authority, then—

(a) if the apparatus is to be laid under a carriageway, the authority shall not give their consent except with the approval of the Minister;

(b) if the consent of the authority is refused (otherwise than in consequence of the withholding of the Minister’s approval under paragraph (a) above) or is granted subject to conditions (other than conditions approved by the Minister under that paragraph) the statutory undertakers may appeal to the Minister, and he may make such order as he thinks fit.

(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

(8) The provisions of this section shall have effect in addition to and not in substitution for the provisions of [F2 section 156] below and of any other enactment restricting or regulating the powers of any statutory undertakers to break up or open streets or enter upon land for the purpose of laying down or erecting apparatus.

(9) For the purposes of this section the Post Office [F3 and the operator of a driver information system] are to be deemed to be statutory undertakers.

Textual Amendments

F1 S. 20(7) repealed by Water Act 1989 (c. 15, SIF 130), ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)–(10), 190, 193(1), Sch. 26 paras. 3(1)(2), 17, 40(4), 41(1), 57(6), 58, Sch. 27 Pt. I

F2 Words substituted by Local Government Act 1985 (c. 51, SIF 81:1), s. 8, Sch. 4 para. 6

F3 Words inserted by Road Traffic (Driver Licensing and Information Systems) Act 1989 (c. 22, SIF 107:1), s. 13(1), Sch. 4 para. 3(2)

Modifications etc. (not altering text)

C1 S. 20 extended by Gas Act 1986 (c. 44, SIF 44:2), s. 9(3), Sch. 4 para. 5(1)

C2 S. 20 extended by Electricity Act 1989 (c. 29, SIF 44:1), ss. 10(1), 112(3), Sch. 4 para. 1(8), Sch. 17 paras. 35(1)

C3 S. 20 amended by Water Act 1989 (c. 15, SIF 130), ss. 58(7), 101(1), 141(6), 153, 160(1)(2)(4), 163, 189(4)–(10), 190, 193(1), Sch. 19 para. 2(8), Sch. 26 paras. 3(1)(2), 17, 40(4), 57(6), 58

C4 By Telecommunications Act 1984 (c. 12, SIF 96), s. 109, Sch. 4 para. 3(1), Sch. 5 para. 45, it is provided that references to British Telecommunications in s. 20(9) cease to have effect