SCHEDULE 1FUNCTIONS CONFERRED BY THE HIGHWAYS ACT 1980 OR ANY REGULATIONS MADE UNDER ANY PROVISION OF THAT ACT

I11

Subject to paragraph 5 below, functions conferred on the Secretary of State as highway authority5 for a highway in relation to that highway or to highway connected land, by or under any of the following provisions of the 1980 Act:

a

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

b

section 62 (general power of improvement);

c

section 646 (dual carriageways and roundabouts);

d

section 65 (cycle tracks);

e

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

f

section 68 (refuges);

g

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

h

section 70 (footbridges over highways);

i

section 71 (margins for horses and livestock);

j

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

k

section 76 (levelling of highways);

l

section 77 (alteration of levels);

m

section 78 (cutting off of corners);

n

section 807 (power to fence highways);

o

section 81 (provision of highway boundary posts);

p

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

q

section 90 (protection of bridges and railways);

r

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

s

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

t

section 97 (lighting of highways);

u

section 99 (metalling of highways);

v

section 100(1) to (5)8 (highway authority’s powers and duties relating to drainage of highways) except insofar as they relate to the power to enter premises under section 168 of the Water Industry Act 19919 (entry for works purposes);

w

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

x

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

y

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

z

section 104 (mitigating nuisance of dust);

aa

section 105 (power to improve road-ferries);

bb

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

cc

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

dd

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

ee

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

ff

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

gg

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;

hh

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

ii

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);

jj

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

kk

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