The Contracting Out (Highway Functions) Order 1995

section 41(1) (highway authority’s duty to maintain highway maintainable at public expense);

section 62 (general power of improvement);

section 646 (dual carriageways and roundabouts);

section 65 (cycle tracks);

section 66 (provision of footways and guard-rails etc. for publicly maintainable highways) other than subsections (6) and (7) thereof;

section 68 (refuges);

section 69(1) (highway authority’s powers to construct, light, etc subways);

section 70 (footbridges over highways);

section 71 (margins for horses and livestock);

section 75(1) and (2) (highway authority’s power to vary widths of carriageways and footways);

section 76 (levelling of highways);

section 77 (alteration of levels);

section 78 (cutting off of corners);

section 807 (power to fence highways);

section 81 (provision of highway boundary posts);

section 84 (maintenance of cattle-grids and by-passes);

section 90 (protection of bridges and railways);

section 92 (reconstruction of bridge maintainable at public expense);

section 96 (powers of highway authority to plant trees, lay out grass verges etc);

section 97 (lighting of highways);

section 101 (power to fill in roadside ditches etc);

section 102 (provision of works for protecting highways against hazards of nature);

section 103 (provision of posts to indicate depth of flood water);

section 104 (mitigating nuisance of dust);

section 105 (power to improve road-ferries);

section 115H(1)10 (prohibition on exercise of certain of a council’s powers without consent of the highway authority);

section 133 (damage to footways of streets by excavation);

section 139(1) and (2) (prohibition on deposit of builders' skips without permission of the highway authority);

section 140(2) (highway authority’s power to require owner of builder’s skip to remove or reposition it);

section 141(2) (highway authority’s power by notice to require removal of tree or shrub in or near carriageway);

section 150(1), (2) and (4) (highway authority’s duty to remove snow, soil etc from highway) except insofar as they relate to an obstruction in a highway which is the property of any person;

section 167(2), (5), (6) (consultation with highway authority and highway authority’s power to give notices in relation to retaining walls near streets);

section 169(1), (2), (3) and (4)11 (power of highway authority to license, and directions in relation to, scaffolding or other structures obstructing the highway);

section 171 (control of deposit of building materials and making of excavations in streets) except insofar as the functions conferred by or under section 171(7) relate to the removal of property of any person; and

section 178(1) (prohibition on placing rails, beams etc over highways without consent of the highway authority).

section 63 of the 1980 Act (relief of main carriageway of trunk road from local traffic);

section 112(3) and (5) (management of trunk road picnic areas and public sanitary conveniences) except insofar as the functions in subsection (5) relate to the provision of public sanitary conveniences; and

section 288 (power to require gas and water pipes to be moved) insofar as that provision applies to the exercise of any other function listed in this Schedule.

section 143(1)12 (competent authority’s power to give notice requiring removal of structures from highways);

section 154(1) and (2)13 (competent authority’s to give notice requiring removal of overhanging hedge, tree or shrub); and

section 18514 (competent authority’s power to install etc refuse or storage bins in streets).

regulation 3(1) (prohibition on exercise of certain powers conferred on highway authority in relation to walkways without consent of building owner);

regulation 4(1) (prohibition on placing etc of apparatus of statutory undertakers without consent of highway authority and building owner);

regulation 5(3) (prohibition on temporary closure of walkway until expiry of a specified period from the date of notice to the highway authority and others); and

regulation 6 (stopping up of walkway by building owner).

section 53 (the street works register);

section 54(1) and (4) (advance notice of certain works to be given to the street authority and compliance with requirements imposed by the street authority);

section 55(1) and (4) (notice to be given to the street authority of starting date of works and prohibition on starting works without notice except with the consent of the street authority);

section 56(1) and (4) (street authority’s power to give directions as to the timing of street works and duty to have regard to the code of practice in exercising power);

section 58 (restriction on works following substantial roadworks);

section 59 (general duty of street authority to co-ordinate works);

section 60(1) (general duty of undertaker to co-operate with the street authority with respect to the execution of street works);

section 61 (protected streets) except insofar as they relate to the power to designate a street as protected;

section 65(5) (street authority’s power to take steps where undertaker has failed to comply with certain obligations, and to recover costs incurred);

section 66(3) and (4) (street authority’s power to give notice to undertaker to mitigate and discontinue obstruction, to take necessary steps and to recover costs incurred);

section 68(1) (undertaker to afford reasonable facilities to the street authority);

section 70(3) and (4) (undertaker to inform street authority of completion of interim and permanent reinstatement);

section 72 (powers of street authority in relation to reinstatement);

section 75 (inspection fees);

section 81 (duty to maintain apparatus);

section 82(1) (payment of compensation to street authority); and

section 94(1) and (2) (power of street authority to enter into an agreement with an undertaker for the execution of street works).

section 81 (duty to maintain apparatus); and

section 82(1) (payment of compensation to any relevant authority).

section 83 (works for road purposes likely to affect apparatus in the street);

section 84(1), (3) and (4) (undertaker and bridge or highway authority to take steps where apparatus affected by major works and requirement to pay compensation in certain circumstances);

section 85(1) and (3) of the 1991 Act (highway and bridge authority to bear allowable costs of necessary measures where undertaker’s apparatus affected by major highway or bridge works and right to recover undertaker’s costs from third parties); and

section 88(4) and (5) (consultation with bridge authority prior to execution of certain works, provision of reasonable facilities for bridge authority to monitor works, and compliance with directions of bridge authority).

regulation 3(2) and (3) (information on street works to be shown on the register, and the person responsible for securing its registration);

regulation 5 (prescribed manner of service of notices);

regulation 7 (notice of starting date of works);

regulation 8 (procedure for giving directions);

regulation 11(3) (information to be made available by street authority in respect of designated protected streets);

regulation 12(3) (information to be made available by street authority in respect of designated streets with special engineering difficulties); and

regulation 13(3) (information to be made available by street authority in respect of designated traffic sensitive streets).

section 45 (attachment of street lamps); and

section 8129 (summary recovery of damages for negligence).