Part IIIStreet works in England and Wales

Provisions with respect to particular authorities and undertakings

86Highway authorities, highways and related matters

1

In this Part—

  • “highway authority” and “local highway authority” have the same meaning as in the [1980 c. 66.] Highways Act 1980; and

  • “maintainable highway” means a highway which for the purposes of that Act is maintainable at the public expense.

2

In this Part “works for road purposes” means works of any of the following descriptions executed in relation to a highway—

a

works for the maintenance of the highway,

b

any works under powers conferred by Part V of the Highways Act 1980 (improvement),

c

the erection, maintenance, alteration or removal of traffic signs on or near the highway, or

d

the construction of a crossing for vehicles across a footway or grass verge or the strengthening or adaptation of a footway for use as a crossing for vehicles,

or works of any corresponding description executed in relation to a street which is not a highway.

3

In this Part “major highway works” means works of any of the following descriptions executed by the highway authority in relation to a highway which consists of or includes a carriageway—

a

reconstruction or widening of the highway,

b

works carried out in exercise of the powers conferred by section 64 of the Highways Act 1980 (dual carriageways and roundabouts),

c

substantial alteration of the level of the highway,

d

provision, alteration of the position or width, or substantial alteration in the level of a carriageway, footway or cycle track in the highway,

e

the construction or removal of a road hump within the meaning of section 90F of the Highways Act 1980,

f

works carried out in exercise of the powers conferred by section 184 of the Highways Act 1980 (vehicle crossings over footways and verges),

g

provision of a cattle-grid in the highway or works ancillary thereto, or

h

tunnelling or boring under the highway.

4

Works executed under section 184(9) of the Highways Act 1980 by a person other than the highway authority shall also be treated for the purposes of this Part as major highway works; and in relation to such works the references in sections 84 and 85 to the highway authority shall be construed as references to him.