Search Legislation

Highways Act 1980

What Version

 Help about what version

Advanced Features

 Help about advanced features

Changes to legislation:

Highways Act 1980, Cross Heading: Highway authorities is up to date with all changes known to be in force on or before 21 September 2017. 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. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

 Help about changes and effects
Close

Changes and effects

This section lists the changes and effects yet to be applied to the whole Act, associated Parts and Chapters where applicable. This includes any insertions of whole new Parts, Chapters or provisions yet to be inserted into this Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing.

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

Highway authoritiesE+W+S+N.I.

1 Highway authorities: general provision.E+W

(1)The Minister is[F1, subject to subsection (1A),] the highway authority for—

(a)any highway which is a trunk road;

F2 [( aa )any special road provided by him;]

(b)any highway as respects which an order made by him under any enactment expressly provides that he is to be the highway authority for it but does not direct that the highway is to be a trunk road;

(c)any highway (not falling within paragraph (a) above) transferred to him by an order under section 14 or 18 below;

(d)any other highway being a highway constructed by him, except where by virtue of section 2, 4(3) or 5(2) below or by virtue of some other enactment a local highway authority are the highway authority for it or where by means of an order made under section 14 or 18 below the highway is transferred to a local highway authority.

[F3(e)any highway for which he becomes the highway authority by virtue of section 2 of the Infrastructure Act 2015.]

[F4(1A)A strategic highways company is the highway authority for—

(a)any highway specified in the appointment of the company in accordance with Part 1 of the Infrastructure Act 2015;

(b)any highway that is directed to become a trunk road and for which that company is directed to be highway authority under section 10;

(c)any special road provided by the company;

(d)any highway for which an order made under any enactment expressly provides for that company to be the highway authority;

(e)any highway transferred to the company by an order under section 14 or 18;

(f)any other highway constructed by the company except where—

(i)by virtue of section 4(3) or 5(2) or some other enactment, a local highway authority is the highway authority for it; or

(ii)by means of an order under section 14 or 18 the highway is transferred to a local highway authority.

Paragraphs (a), (b) and (f) do not apply where a local highway authority becomes the highway authority by virtue of section 2.]

(2)Outside Greater London the council of a county [F5or metropolitan district] are the highway authority for all highways in the county [F5or, as the case may be, the district], whether or not maintainable at the public expense, which are not highways for which under subsection (1)[F6or (1A) ] above the Minister[F7or a strategic highways company] is the highway authority.

[F8(2A) Transport for London is the highway authority for all GLA roads. ]

(3)[F9The council] of a London borough or the Common Council are the highway authority for all highways in the borough or, as the case may be, in the City, whether or not maintainable at the public expense, which are not [F10for the time being GLA roads or]. . . F11 highways for which under subsection (1)[F12or (1A)] above the Minister[F13or a strategic highways company] is the highway authority.

[F14(3A)In Wales the council of a county or county borough are the highway authority for all highways in the county or, as the case may be, the county borough, whether or not maintainable at the public expense, which are not highways for which the Minister is the highway authority under subsection (1) above.]

(4)Subsection (2) above is subject, as respects any highway outside Greater London for which the Minister[F13or a strategic highways company] is not the highway authority under subsection (1)[F12or (1A)] above, to any provision of this Act, or of any order made under this or any other Act, by virtue of which a council other than the council of the county [F15or, as the case may be, the metropolitan district] in which the highway is situated are the highway authority therefor.

[F16(5)Subsection (3A) above is subject to any provision of this Act, or of any order made under this or any other Act, by virtue of which a council other than the Welsh council for the area in which the highway is situated are the highway authority.]

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F8S. 1(2A) inserted (3.7.2000) by 1999 c. 29, s. 259(2), (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2(2)(c), Sch. Pt. 3

F10Words in s. 1(3) inserted (3.7.2000) by 1999 c. 29, ss. 259(3) (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2(2)(c), Sch. Pt. 3

F14S. 1(3A) inserted (3.4.1995 for limited purposes, as mentioned in S.I. 1995/852 and 1.4.1996 otherwise, as mentioned in S.I. 1996/396) by 1994 c. 19, s. 22(1), Sch. 7 Pt. I para. 1(2) (with s. 54(7), Sch. 17 paras. 22(1), 23(2)); S.I. 1995/852, art. 4(1)(5), Sch. 2 (with saving in art. 4(6)); S.I. 1996/396, art. 3, Sch. 1.

F16S. 1(5) added (3.4.1995 for limited purposes, as mentioned in S.I. 1995/852 and 1.4.1996 otherwise, as mentioned in S.I. 1996/396) by 1994 c. 19, s. 22(1), Sch. 7 Pt. I para. 1(3) (with s. 54(7), Sch. 17 paras. 22(1), 23(2)); S.I. 1995/852, art. 4(1)(5), Sch. 2 (with saving in art. 4(6)); S.I. 1996/396, art. 3, Sch. 1.

2 Highway authority for road which ceases to be a trunk road.E+W

[F17(1)]Where an order made under section 10 below directs that a trunk road shall cease to be a trunk road, then, as from the date specified in that behalf in the order, the following authority, that is to say—

(a)where the road is situated outside Greater London, the council of the county [F18or metropolitan district], and

[F19(b)where the road is situated in Greater London, Transport for London,]

shall become the highway authority for the road.

F17 [( 2 )In the case of a special road provided by the Minister[F20or by a strategic highways company], subsection (1) above has effect subject to any provision of the order directing that the Minister[F21or the company] shall continue to be the highway authority for the road.]

[F22(3) Where Transport for London becomes the highway authority for a road by virtue of subsection (1) above, the road shall become a GLA road. ]

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F17S. 2 renumbered 2(1) and s. 2(2) inserted (01.11.1991) by New Roads and Street Works Act 1991 (c. 22, SIF 59, 108), s. 21(3); S.I. 1991/2288, art. 3, Sch.

F19S. 2(1)(b) substituted (3.7.2000) by 1999 c. 29, s. 259(4) (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2(2)(c), Sch. Pt. 3

F22S. 2(3) added (3.7.2000) by 1999 c. 29, ss. 259(5), (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2(2)(c), Sch. Pt. 3

3 Highway authority for approaches to and parts of certain bridges.E+W+S+N.I.

(1)Where a bridge carries a highway for which the Minister[F23or a strategic highways company ] is not the highway authority and part of the bridge is situated in one county and part in another the highway authority for the highway carried by the bridge and the approaches thereto is such one of the councils of those counties as may be agreed between them before such a day as the Minister may by order made by statutory instrument appoint or, in default of such agreement, as may be determined by the Minister.

(2)Where the Minister has made a determination under subsection (1) above the determination—

(a)may be varied at the request of the council of either of the counties concerned; and

(b)shall be varied to give effect to any request made jointly to the Minister by those councils;

and any such variation shall take effect on the 1st April falling not less than 3 months, and not more than 15 months, after the date on which the determination is varied.

(3)Where a bridge carries a highway for which the Minister[F24or a strategic highways company] is not the highway authority and subsection (1) above does not apply, but some part of one or more of the approaches to the bridge lies in a county different from the bridge itself, the highway authority for the whole of that approach or those approaches is the council of the county in which the bridge is situated.

(4)For the purposes of this section, the approaches to a bridge consist of so much of the highway or highways on either side of the bridge as is situated within 100 yards of either end of the bridge.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open The Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act without Schedules as a PDF

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open the Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open Schedules only

The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources