Search Legislation

Highways Act 1980

What Version

 Help about what version
  • Latest available (Revised)
  • Original (As enacted)

Advanced Features

 Help about advanced features

Changes to legislation:

Highways Act 1980, Section 105C is up to date with all changes known to be in force on or before 20 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):

F3[F1 105C Other [F2EEA] States.E+W

(1)This section applies if–

(a) it appears to the Secretary of State [F4 or a strategic highways company ] that a project to which section 105A(3) applies is likely to have a significant effect on the environment in another [F5EEA State ] ; or

(b)[F6 an EEA State ] the environment of which is likely to be significantly affected by such a project asks the Secretary of State [F7 or the strategic highways company, whichever is considering the project, ] for information about it.

(2) The Secretary of State [F8 or the strategic highways company ] must give the [F5EEA State ]

(a) a description of the project, together with any information available to him [F9 or the company ] which suggests that it may have a significant effect on the environment in the [F5EEA State ] ;

(b)any information which he[F10or the company ] has on the nature of the decision which may be taken on the project;

[F11(c)such information about the procedure required by this Part of this Act as he[F12or the company] considers appropriate; and]

(d)a reasonable period within which to indicate whether it wishes to participate in that procedure.

(3)Subsection (2)(a) and (b) must be complied with no later than the date of publication of the determination referred to in Section 105B(1).

(4) If the [F5EEA State ] indicates that it wishes to participate [F13 in the procedure required by this Part of this Act ] , the Secretary of State [F14 or the strategic highways company ] must give it–

(a) a copy of the environmental statement for the project (if he [F15 or the company ] has not already done so); F16 . . .

[F17(b)the information required by subsection (3A) of section 105B to be included in the notice under subsection (3) of that section; and

(c) any information about the procedure required by this Part of this Act which he [F18 or the company ] considers it appropriate to give and which has not already been given to the EEA State. ]

(5)The Secretary of State[F19or the strategic highways company ], so far as he[F20or the company] is concerned, must also–

(a) arrange for the information which he[F20 or the company ] has given to the [F5EEA State ] to be made available, within a reasonable time, to–

(i)the authorities referred to in Article 6(1) of the Directive; and

(ii) members of the public in the [F5EEA State ] who are likely to be concerned; and

(b)ensure that those authorities and the public concerned are given a reasonable opportunity to give him[F21or the company] their views before he[F20 or the company ] decides whether to proceed with the project to which the environmental impact assessment relates.

(6)The Secretary of State[F22or the strategic highways company] must, in accordance with Article 7(4) of the Directive–

(a) enter into consultations with the [F5EEA State ] concerned regarding, among other matters, the potential significant effects of the project on the environment of that [F5EEA State ] and the measures envisaged to reduce or eliminate those effects; and

(b) agree with that [F5EEA State ] a reasonable period for those consultations.

[F23(7) Where an EEA State has been consulted in accordance with subsection (4) the Secretary of State [F24 or the strategic highways company ] must, after deciding whether to proceed with the project to which the environmental statement relates, inform the EEA State of the decision and give it documents containing the matters referred to in section 105B (6). ]

(8)F25 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ]

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)

F1Pt. VA substituted (13.3.1999) by S.I. 1999/369, reg.2

F3Pt. VA substituted (13.3.1999) by S.I. 1999/369, reg.2

F17S. 105C(4)(b)(c) substituted (26.4.2007) for s. 105(4)(b) by The Highways (Environmental Impact Assessment) Regulations 2007 (S.I. 2007/1062), reg. 4(4)(c) (with reg. 7)

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