Highways Act 1980

66 Footways and guard-rails etc. for publicly maintainable highways. E+W

(1) It is the duty of a highway authority to provide in or by the side of a highway maintainable at the public expense by them which consists of or comprises a made-up carriageway, a proper and sufficient footway as part of the highway in any case where they consider the provision of a footway as necessary or desirable for the safety or accommodation of pedestrians; and they may light any footway provided by them under this subsection.

(2) A highway authority may provide and maintain in a highway maintainable at the public expense by them which consists of or comprises a carriageway, such raised paving, pillars, walls, rails or fences as they think necessary for the purpose of safeguarding persons using the highway.

(3) A highway authority may provide and maintain in a highway maintainable at the public expense by them which consists of a footpath [F1 or bridleway], such barriers, [F1 posts,] rails or fences as they think necessary for the purpose of safeguarding persons using the highway.

(4) The powers conferred by the foregoing provisions of this section to provide any works include power to alter or remove them.

(5) The power conferred by subsection (3) above, and the power to alter or remove any works provided under that subsection, shall not be exercised so as to obstruct any private access to any premises or interfere with the carrying out of agricultural operations.

(6) The powers of a highway authority under subsections (2) and (3) above may, with the consent of the Minister[F2 or a strategic highways company], be exercised by the council of a county [F3 or metropolitan district] in relation to any part within the county [F3 or metropolitan district] but outside Greater London of a highway for which the Minister[F4 or the strategic highways company] is the highway authority.

(7) The powers of a highway authority under subsections (2) and (3) above may, with the consent of the highway authority, be exercised by the council of a London borough or, as the case may require, by the Common Council in relation to any part within the borough, or the City, of a highway for which the council, or the Common Council, are not the highway authority.

(8) A highway authority or council shall pay compensation to any person who sustains damage by reason of the execution by them of works under subsection (2) or (3) above.

Textual Amendments

F1 Words in s. 66(3) inserted (13.2.2004 for E. and 1.4.2004 for W.) by 2000 c. 37, s. 70(1); S.I. 2004/292, art. 2(b); S.I. 2004/315, art. 2(b)

F2 Words in s. 66(6) inserted (5.3.2015) by Infrastructure Act 2015 (c. 7), s. 57(1), Sch. 1 para. 23(a); S.I. 2015/481, reg. 2(a)

F3 Words inserted by Local Government Act 1985 (c. 51, SIF 81:1), s. 8, Sch. 4 para. 17

F4 Words in s. 66(6) inserted (5.3.2015) by Infrastructure Act 2015 (c. 7), s. 57(1), Sch. 1 para. 23(b); S.I. 2015/481, reg. 2(a)