No provision of this Act relating to obstruction of or other interference with highways is to be taken to affect any right of a highway authority or other person under any enactment not contained in this Act, or under any rule of law, to remove an obstruction from a highway or otherwise abate a nuisance or other interference with the highway, or to affect the liability of any person under such an enactment or rule to proceedings (whether civil or criminal) in respect of any such obstruction or other interference.
(1)Subject to the provisions of this section, nothing in this Act or in any scheme or order made under it affects any powers or duties of the Post Office under the provisions of the Telegraph Acts or applies to any telegraphic lines placed or maintained by virtue of any of those provisions ; but this subsection does not affect the operation of section 20 above as it has effect in relation to powers of the Post Office by virtue of subsection (9) of that section, or the operation of sections 156 to 159 above.
(2)Where—
(a)land is conveyed by a highway authority in pursuance of section 256 above, or
(b)a highway is stopped up or diverted in pursuance of an order to which this paragraph applies,
and immediately before the conveyance or, as the case may be, the date on which the order comes into force there is under, in, upon, over, along or across the land conveyed or, as the case may be, the highway stopped up or diverted any telegraphic line belonging to or used by the Post Office, then the provisions of subsection (3) below have effect.
Paragraph (b) above applies to the following orders, namely, an order made or confirmed by the Minister under section 14 or 18 above, a public path extinguishment order and a public path diversion order.
(3)In the circumstances mentioned in subsection (2) above, the Post Office have the same powers in respect of the telegraphic line as if the conveyance had not been made or, as the case may be, the order had not come into force; but if the transferee of the land, or, as the case may be, any person entitled to land over which the stopped up or diverted highway subsisted requires the telegraphic line to be altered, paragraphs (1) to (8) of section 7 of the [1878 c. 76.] Telegraph Act 1878 apply to the alteration and accordingly have effect, subject to the necessary modifications, as if references therein to undertakers included references to the person so requiring the line to be altered.
(4)Where in pursuance of an order made by a magistrates' court under section 116 above a highway is stopped up or diverted, the following provisions of this subsection have effect in relation to so much of any telegraphic line belonging to or used by the Post Office as is under, in, upon, over, along or across land which by reason of the stopping up or diversion ceases to be a highway (" the affected line "):—
(a)the power of the Post Office to remove the affected line is exercisable notwithstanding the making of the order, so however that the said power is not exercisable, as respects the whole or any part of the affected line, after the expiration of a period of 3 months from the date of the sending of the notice referred to in subsection (5) below unless before the expiration of that period the Post Office have given notice to the authority on whose application the order was made of their intention to remove the affected line or that part of it, as the case may be;
(b)the Post Office may by notice in that behalf to the said authority abandon the affected line or any part of it, and are to be deemed, as respects the affected line or any part of it, to have abandoned it at the expiration of the said period of 3 months unless before the expiration of that period they have removed it or given notice of their intention to remove it;
(c)the Post Office are entitled to recover from the said authority the expense of providing, in substitution for the affected line and any telegraphic line connected with it which is rendered useless in consequence of the removal or abandonment of the affected line, a telegraphic line in such other place as they may require;
(d)where under paragraph (b) above the Post Office have abandoned the whole or any part of the affected line, it vests in the authority there referred to and the provisions of the Telegraph Acts do not apply in relation to it as respects anything done or omitted after the abandonment.
(5)As soon as practicable after the making of an order under section 116 above the authority on whose application the order was made shall by notice to the Post Office inform them of the making of the order.
(6)Where an order under section 14 or 18 above provides for the alteration of a highway and, immediately before the date on which the order comes into force, there is under, in, upon, over, along or across the highway any telegraphic line belonging to or used by the Post Office, then, if the highway authority for the highway require that line to be altered, paragraphs (1) to (8) of section 7 of the [1878 c. 76.] Telegraph Act 1878 apply in relation to the alteration and accordingly have effect, subject to any necessary modifications, as if references therein to undertakers included references to the highway authority.
This subsection does not have effect so far as it relates to the alteration of any telegraphic line for the purposes of authority's works as defined in Part II of the [1950 c. 39.] Public Utilities Street Works Act 1950.
(7)Where in pursuance of an order under section 14 or 18 above a highway is stopped up or diverted, or an order under either of those sections provides for the alteration of a highway, and, immediately before the date on which the order comes into force, there is under, in, upon, over, along or across the highway any telegraphic line belonging to or used by the Post Office, then, without prejudice to subsections (2), (3) and (6) above, the provisions of subsection (8) below have effect.
(8)In the circumstances mentioned in subsection (7) above, if for purposes connected with the construction or improvement of the trunk road, special road or classified road, as the case may be, to which the order relates or with the execution of any works authorised by the order the Minister or other highway authority by whom the order in question was made requires the telegraphic line to be altered, paragraphs (1) to (8) of section 7 of the Telegraph Act 1878 apply in relation to the alteration and accordingly have effect, subject to any necessary modifications, as if references therein to undertakers included references to the Minister or that other authority.
(9)Without prejudice to the code in Part II of the Public Utilities Street Works Act 1950 (relations between an authority carrying out road alterations and undertakers whose apparatus is thereby affected)—
(a)any work authorised or required by an order under section 93 above to be done by a highway authority or the owners of a bridge,
(b)any work proposed to be done by a highway authority in exercise of powers conferred on them by section 96 above, and
(c)any work authorised or required by a licence under section 176 above to be done by the person to whom the licence is granted,
is, for the purposes of section 7 of the [1878 c. 76.] Telegraph Act 1878, to be deemed to be work proposed to be done in the execution of an undertaking authorised by an Act of Parliament, and the authority or person carrying out the work are to be deemed to be the undertakers.
(10)Where, in pursuance of any order or scheme made or confirmed under this Act, a navigable watercourse is diverted and, immediately before the date on which the order or scheme comes into force, there is under, in, upon, over, along or across the watercourse, or any towing path or other way adjacent to it, any telegraphic line belonging to or used by the Post Office, the Post Office have the same powers in respect of that line as if the order or scheme had not come into force ; but if—
(a)the highway authority by whom the order or scheme was made, or
(b)any person entitled to land on which so much of the watercourse, towing path or way as is diverted in pursuance of the order or scheme was previously situated,
requires the line to be altered, paragraphs (1) to (8) of section 7 of the Telegraph Act 1878 apply in relation to the alteration and accordingly have effect, subject to any necessary modifications, as if references therein to undertakers included references to the highway authority or to the person so requiring the line to be altered, as the case may be.
(11)For the purposes of the placing or maintenance of overground telegraphic lines under the powers conferred by the Telegraph Acts a bridge constructed or used in accordance with a licence under section 176 above is to be deemed to be part of any highway which it crosses.
(12)The fact that the Telegraph Acts are not expressed to be binding on the Crown does not prevent those Acts having effect in relation to a street or public road, as defined for the purposes of those Acts, which is a trunk road or other highway for which the Minister is the highway authority, as they have effect in relation to any other street or public road as so defined, but this provision is without prejudice to section 20(9) above.
(13)No provision of section 7 of the Telegraph Act 1878 creating a liability to a fine for breach of any obligation applies to an obligation in so far as, by virtue of a provision of this section, it falls to be performed by the Minister.
(14)In this section "alter" and "telegraphic line" have the same meanings respectively as in the Telegraph Act 1878, and " the Telegraph Acts " means the [1863 c. 112.] Telegraph Act 1863, the Telegraph Act 1878, the [1892 c. 59.] Telegraph Act 1892, the [1908 c. 33.] Telegraph (Construction) Act 1908, the [1909 c. 20.] Telegraph (Arbitration) Act 1909, the [1911 c. 39.] Telegraph (Construction) Act 1911 and the [1916 c. 40.] Telegraph (Construction) Act 1916.
(1)Notwithstanding anything in Part XII of this Act all mines and minerals of any description whatsoever under any highway vested in a highway authority by virtue of any provision contained in the said Part XII belong to the person who would be entitled thereto if the highway were not vested in the authority, and the person entitled to any such mine or minerals has the same powers of working and of getting the same as if the highway were not vested in a highway authority.
(2)Nothing in this section affects any liability (whether civil or criminal) of the person entitled to any such mine or minerals in respect of damage to the highway resulting from the exercise of the said powers.
Nothing in this Act authorises the excavation or removal of any materials the excavation or removal of which is prohibited by section 18 of the [1949 c. 74.] Coast Protection Act 1949 (which makes it unlawful except as therein mentioned to excavate or remove certain materials on, under or forming part of any portion of the seashore to which the provisions of that section are applied), or the carrying out of any operation in contravention of section 34 of that Act (which restricts the carrying out of certain operations detrimental to navigation).
Nothing in this Act authorises the carrying out of any development of land for which permission is required by virtue of section 23 of the [1971 c. 78.] Town and Country Planning Act 1971 and which is not authorised by permission granted or deemed to be granted under or for the purposes of Part III of that Act.
(1)Subject to the provisions of this section, nothing in any of the provisions of this Act to which this section applies authorises a highway authority or council, without the consent of the dock, harbour or canal undertakers concerned—
(a)to execute any works in, across, or under any dock, harbour, basin, wharf, quay or lock ; or
(b)to execute any works which will interfere with the improvement of, or the access to, any river, canal, dock, harbour, basin, lock, reservoir or towing path, or with any works appurtenant thereto or any land necessary for the enjoyment or improvement thereof.
(2)A consent required for the purposes of subsection (1) above shall not be unreasonably withheld, and if any question arises whether the withholding of a consent is unreasonable either party may require it to be referred to an arbitrator to be appointed, in default of agreement, by the President of the Institution of Civil Engineers.
(3)On an arbitration under this section, the arbitrator shall determine—
(a)whether any works which the highway authority or council propose to execute are such works as under subsection (1) above they are not entitled to execute without the consent of the undertakers concerned; and
(b)if they are such works, whether the injury, if any, to the undertakers will be of such a nature as to admit of being fully compensated by money; and
(c)if the works are of such a nature, the conditions subject to which the authority or council may execute the works, including the amount of the compensation, if any, to be paid by them to the undertakers.
If the arbitrator determines that the proposed works are such works as the highway authority or council are not entitled to execute without the consent of the undertakers and that the works would cause injury to the undertakers of such a nature as not to admit of being fully compensated by money, the authority or council shall not proceed to execute the works; but in any other case they may execute the works subject to compliance with such conditions, including the payment of such compensation, as the arbitrator determines.
(4)For the purposes of this section, dock, harbour and canal undertakers are to be deemed to be concerned with any river, canal, dock, harbour, basin, lock, reservoir, towing path, wharf, quay or land if it belongs to them and forms part of their undertaking, or if they have statutory rights of navigating on or using it, or of demanding tolls or dues in respect of navigation thereon or the use thereof.
(5)This section applies to section 230(7) and section 294 above and to the provisions specified in Schedule 22 to this Act, but subsections (2) and (3) above do not apply as respect a consent required in relation to section 230(7).
(6)In this section " canal" includes inland navigation.
(1)Subject to the provisions of this section, nothing in any of the provisions of this Act to which this section applies authorises a highway authority or any other person to use or interfere with any watercourse (including the banks thereof), or any drainage or other works, vested in or under the control of a water authority or other drainage body within the meaning of the [1976 c. 70.] Land Drainage Act 1976 without the consent of that authority or body.
(2)A consent required for the purposes of subsection (1) above shall not be unreasonably withheld, and if any question arises whether the withholding of a consent is unreasonable either party may require it to be referred to an arbitrator to be appointed, in default of agreement, by the President of the Institution of Civil Engineers.
(3)This section applies to sections 45, 100, 101, 110, 294 and 299 above and to the provisions specified in Schedule 22 to this Act.
(4)In its application to sections 100, 110, and 299 above this section applies in relation to a navigation authority as it applies in relation to a water authority or other drainage body within the meaning of the Land Drainage Act 1976.
(1)Notwithstanding the repeal by this Act of the [1959 c. 25.] Highways Act 1959—
(a)subsection (10) of section 3 of the [1957 c. 42.] Parish Councils Act 1957 (which was inserted by section 310 of the Highways Act 1959 and defines " road " for the purposes of the said section 3) continues to have effect, but subject to the amendments made to that subsection, in consequence of this Act, by Schedule 24 to this Act;
(b)the enactments mentioned in Schedule 22 to the said Act of 1959 continue to have effect with the amendments there made but subject, in the case of such of those enactments as are mentioned in Schedule 24 to this Act, to the amendments made, in consequence of this Act, by the said Schedule 24.
(2)Notwithstanding the repeal by this Act of the [1971 c. 41.] Highways Act 1971 (referred to below as " the 1971 Act ")—
(a)section 29A and section 31(1 A) of the [1967 c. 76.] Road Traffic Regulation Act 1967 (which were inserted by section 9(1) and (3) of the 1971 Act and are concerned with provision of access to premises through off-street parking places) continue to have effect and section 30(1) and (3) and 32(5) of the said Act of 1967 (which were amended by section 9(2) and (4) of the 1971 Act in consequence of the insertion of section 29A and section 31 (1A)) continue to have effect with the amendments so made;
(b)section 3(6) of the [1964 c. 83.] New Forest Act 1964 (which provides for the fencing of a source of danger in the New Forest) continues to have effect with the amendment made by section 34(2) of the 1971 Act;
(c)paragraph 11(1)(b) of Schedule 1 to the Act of 1946 (which applies special parliamentary procedure in the case of compulsory purchase of land forming part of a common, open space, etc.) continues to have effect with the amendments made by section 56 of the 1971 Act;
(d)paragraph 8 of Part III of Schedule 3 to the [1968 c. 41.] Countryside Act 1968 (which relates to the re-classification of roads used as public paths) continues to have effect with the amendment made by section 75 of the 1971 Act; and
(e)the definition of " road purposes " in section 39 of the [1950 c. 39.] Public Utilities Street Works Act 1950 continues to have effect with the amendment made by section 78(1) of the 1971 Act, but subject to the amendment made to that definition, in consequence of this Act, by Schedule 24 to this Act.
In section 303 of the [1875 c. 55.] Public Health Act 1875 (power of Secretary of State to repeal and alter local Acts by means of provisional orders), the reference to any local Act which relates to the same subject matters as that Act is to be construed as including a reference to any local Act which relates to the same subject matters as the following provisions of this Act, namely, sections 288, 294, 312, 338, 339 and the provisions specified in Schedule 22 to this Act.
In section 41 of the [1968 c. 41.] Countryside Act 1968—
(a)in subsection (1), at the end of paragraph (c) insert" or " and after that paragraph insert—
“(d)a trunk road picnic area as respects which functions of the Minister stand delegated to the local authority under section 113(1) of the Highways Act 1980, or are functions of the local authority by virtue of an agreement under section 113(3) of that Act,”;
(b)after subsection (1) insert—
“(1A)The power of a local authority under subsection (1)(d) above is exercisable only in so far as any conditions attached to the relevant delegation or, as the case may be, included in the relevant agreement do not otherwise provide.”.
(1)Schedule 23 to this Act, which contains transitional provisions, has effect.
(2)The enactments specified in Schedule 24 to this Act are, in consequence of this Act, amended as there provided.
(3)The enactments specified in Schedule 25 to this Act are repealed to the extent specified in the third column of that Schedule.
(1)Subject to the provisions of this section, the provisions of this Act specified in subsection (2) below do not extend to the Isles of Scilly.
(2)The provisions referred to in subsection (1) above are—
(a)sections 25 to 29, 118 to 121, 134, 135, 146, 147, 275 and 293 ; and
(b)sections 219 to 225 and 229.
(3)The Secretary of State may, after consultation with the Council of the Isles of Scilly, by order provide that all or any of the provisions of this Act specified in subsection (2)(a) above are, subject to such modifications as may be specified in the order, to apply in the Isles of Scilly as if those Isles were a separate county.
(4)The Secretary of State may, on the application of the Council of the Isles of Scilly, by order provide that the provisions of this Act specified in subsection (2)(b) above are to apply in those Isles and, on the making of an order under this subsection, any reference in the said provisions to the street works authority is to be construed as a reference to the Council of those Isles.
(5)On the making of an order under subsection (4) above the Council of the Isles of Scilly shall take such steps for notifying the public of its having been made as the Secretary of State may direct.
(6)Section 232 above, in its application in the Isles of Scilly, has effect subject to the modification that any reference therein to the street works authority or the prospective street works authority is to be construed as a reference to the Council of those Isles, and any regulations made under that section are in their application to those Isles to be construed accordingly.
(7)Sections 9, 97, 98, 270 and 301 of this Act, in their application in relation to the Isles of Scilly, have effect subject to such modifications as the Secretary of State may by order direct
(1)This Act may be cited as the Highways Act 1980.
(2)This Act shall come into force on 1st January 1981.
(3)This Act (except paragraph 18(c) of Schedule 24) extends to England and Wales only.