![Stafford Court and Kensington High Street, London](https://upload.wikimedia.org/wikipedia/commons/4/4b/Stafford_Court_and_Kensington_High_Street%2C_London.jpg)
The Highways Act 1980 (1980 c.66) is an
Act of the
Parliament of the United Kingdom
The Parliament of the United Kingdom is the supreme legislative body of the United Kingdom, the Crown Dependencies and the British Overseas Territories. It meets at the Palace of Westminster, London. It alone possesses legislative suprema ...
dealing with the management and operation of the road network in England and Wales. It consolidated with amendments several earlier pieces of legislation. Many amendments relate only to changes of
highway authority
A highway authority is a government organization responsible for public roads.
India
The National Highways Authority of India is the national authority for the management of a network of over 60,000 km of national highways in India. The Autho ...
, to include new
unitary councils and
national park
A national park is a nature park, natural park in use for conservation (ethic), conservation purposes, created and protected by national governments. Often it is a reserve of natural, semi-natural, or developed land that a sovereign state dec ...
s. By virtue of the
Local Government (Wales) Act 1994
The Local Government (Wales) Act 1994 (c. 19) is an Act of the Parliament of the United Kingdom which amended the Local Government Act 1972 to create the current local government structure in Wales of 22 unitary authority areas, referred to as ...
and the
Environment Act 1995
The Environment Act 1995c 25 passed under the ministerial tutelage of John Gummer, is a United Kingdom Act of Parliament which created a number of new agencies and set new standards for environmental management.
See also
*English land law
*UK en ...
, most references to
local authority
Local government is a generic term for the lowest tiers of public administration within a particular sovereign state. This particular usage of the word government refers specifically to a level of administration that is both geographically-loca ...
are taken to also include Welsh councils and
national park authorities.
By virtue of the
National Assembly for Wales (Transfer of Functions) Order 1999 most references to 'the Minister' are taken to include the
Senedd. The Act is split into 14 parts covering 345 sections, it also includes 25 schedules.
Part 1: Highway authorities and agreements between authorities
Part 1 includes sections 1 to 9 of the Act. The legislation contained in these sections covers:
* Highway Authorities
* Agreements between authorities
Part 2: Trunk roads, classified roads, metropolitan roads, special roads
![Junction 5 on the M2 motorway - geograph](https://upload.wikimedia.org/wikipedia/commons/0/03/Junction_5_on_the_M2_motorway_-_geograph.org.uk_-_733406.jpg)
Part 2 includes sections 10 to 23 of the Act. The legislation contained in these sections covers:
* Trunk roads
* Classified roads
* Metropolitan roads
* Special roads (such as motorways)
Part 3: Creation of highways
![Footpath at Halfway - geograph](https://upload.wikimedia.org/wikipedia/commons/0/09/Footpath_at_Halfway_-_geograph.org.uk_-_979354.jpg)
Part 3 includes sections 24 to 35 of the Act. The legislation contained in these sections covers:
* Creation of new highways
* Creation of new footpaths and bridleways
* Dedication of highways
![Network Rail - Highways Act 1980 notice](https://upload.wikimedia.org/wikipedia/commons/b/bb/Network_Rail_-_Highways_Act_1980_notice.jpg)
Private landowners sometimes display a notice quoting Section 31, when there is no dedication of a public right of way.
Part 4: Maintenance of highways
Part 4 includes sections 36 to 61 of the Act. The legislation contained in these sections covers:
* Highways maintainable at public expense, and their maintenance
* Maintenance of privately maintainable highways
* Powers covering enforcement of liabilities and recovery of costs
* Defence in respect of specific matters in legal action against a highway authority for damages for non-repair of highway
Section 38 Agreement
![New housing development, Birkenhead (1)](https://upload.wikimedia.org/wikipedia/commons/7/7a/New_housing_development%2C_Birkenhead_%281%29.JPG)
Under Section 38 of the Act, the
highway authority
A highway authority is a government organization responsible for public roads.
India
The National Highways Authority of India is the national authority for the management of a network of over 60,000 km of national highways in India. The Autho ...
may agree to adopt private roads. The authority can agree to adopt the street as a highway maintainable at public expense when all the street works have been carried out to their satisfaction, within a stated time. It is customary for the developer to enter into a
bond
Bond or bonds may refer to:
Common meanings
* Bond (finance), a type of debt security
* Bail bond, a commercial third-party guarantor of surety bonds in the United States
* Chemical bond, the attraction of atoms, ions or molecules to form chemica ...
for their performance with a bank or
building society
A building society is a financial institution owned by its members as a mutual organization. Building societies offer banking and related financial services, especially savings and mortgage lending. Building societies exist in the United Kingd ...
.
Part 5: Improvement of highways
Part 5 includes sections 62 to 105 of the Act. The legislation contained in these sections covers:
* Various powers to improve highways including – but not limited to:
** Widening of highways
** Installation of guardrails
** Construction, reconstruction and improvement of bridges and the like
Part 6: Navigable waters and watercourses
![Canal diversion under the M42 - geograph](https://upload.wikimedia.org/wikipedia/commons/1/17/Canal_diversion_under_the_M42_-_geograph.org.uk_-_154584.jpg)
Part 6 includes sections 106 to 111 of the Act. The legislation contained in these sections covers:
* Construction of bridges over and tunnels under navigable waters
* Diversions of watercourses
Part 7: Provision of special facilities
![Hurworth Burn Picnic Site - geograph](https://upload.wikimedia.org/wikipedia/commons/3/37/Hurworth_Burn_Picnic_Site_-_geograph.org.uk_-_150775.jpg)
Part 7 includes sections 112 to 115 of the Act. The legislation contained in these sections covers:
* Provision of picnic sites.
* Provision of public conveniences.
* Provision of areas for parking heavy goods vehicles.
Part 8: Stopping up of highways
Part 8 includes sections 116 to 129 of the Act. The legislation contained in these sections covers:
* Stopping up and diversion of highways
* Stopping up means of access to highways
Part 9: Lawful and unlawful interference with highways
Part 9 includes sections 130 to 185 of the Act. The legislation contained in these sections covers:
* Protection of public rights
* Damage to highways
* Obstruction of highways
* Danger or annoyance to highway users
* Precautions to be taken in doing certain works
* Request the highway authority to construct a vehicle crossing over a footway or verge in the highway
Part 10: New streets
Part 10 includes sections 186 to 202 of the Act. The legislation contained in these sections covers:
* New street byelaws
* Requirements and prohibitions as to new streets
* Enforcement of byelaws
Part 11: Making up of private streets
Part 11 includes sections 203 to 237 of the Act. The legislation contained in these sections covers:
* The private street works code
* The advance payments code
* General powers relating to private streets
Part 12: Acquisition, vesting and transfer of land
Part 12 includes sections 238 to 271 of the Act. The legislation contained in these sections covers:
* Acquisition of land for highway works
* Compensation relating to compulsory acquisition of land
* Vesting of land
* Transfer of property and liability when the status of a highway changes
Part 13: Financial provisions
Part 13 includes sections 272 to 281 of the Act. The legislation contained in these sections covers:
* Various rules on financial transactions relating to highways
Section 278 Agreement
A Section 278 Agreement allows private developers to either fund or complete works to public highways outside or beyond the development site itself, such as traffic calming and capacity improvements.
[Kent County Council - Kent Design Guide https://www.kent.gov.uk/__data/assets/pdf_file/0007/13021/Making-it-Happen-J4-Technical-Assessment-and-Adoption-Section-278-agreement.pdf] The document is signed by the local highway authority and the developer to ensure that works are completed to the highway authority's satisfaction.
Part 14: Miscellaneous and supplementary powers
Part 14 includes sections 282 to 345 of the Act. The legislation contained in these sections covers:
* Various supplementary powers including – but not limited to:
: Inquiries
: Disputes over compensation
: Prosecutions and appeals
: Regulations, schemes and orders
Schedules
The Act contains 25 schedules.
See also
*
Highway Act
Highway Act (with its variations) is a stock short title used in India, the United Kingdom and the United States for legislation relating to highways.
India
*The National Highways Act, 1956
United Kingdom
*The Highways Act 1555
*The Highways Act ...
*
Highways in the United Kingdom
In the common law of England and Wales, a highway occurs where there is a public right of passage over land at all times "without let or hindrance" that follows a particular route. Thus, an area of common land or a village green will not be a ...
References
External links
*
{{UK planning
United Kingdom Acts of Parliament 1980
United Kingdom planning law
Roads in the United Kingdom
1980 in transport
Transport policy in the United Kingdom
Transport legislation
History of transport in the United Kingdom