Version Superseded: 03/03/2017
Point in time view as at 01/06/2016. This version of this provision has been superseded.
Highways Act 1980, Section 66 is up to date with all changes known to be in force on or before 04 March 2025. 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.
(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 [F1or bridleway], such barriers, [F1posts,] 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[F2or a strategic highways company], be exercised by the council of a county [F3or metropolitan district] in relation to any part within the county [F3or metropolitan district] but outside Greater London of a highway for which the Minister[F4or 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
F1Words 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)
F2Words 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)
F3Words inserted by Local Government Act 1985 (c. 51, SIF 81:1), s. 8, Sch. 4 para. 17
F4Words 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)
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