Search Legislation

Highways Act 1980

What Version

 Help about what version

Advanced Features

 Help about advanced features

Changes to legislation:

Highways Act 1980, Section 120 is up to date with all changes known to be in force on or before 23 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):

120 Exercise of powers of making public path extinguishment and diversion orders.E+W

(1)Where a footpath[F1, bridleway or restricted byway] lies partly within and partly outside the area of a council the powers conferred by sections 118 [F2, 118A, 119 and 119A] above on the council extend, subject to subsection (2) below, to the whole of the path or way as if it lay wholly within their area.

[F3(1A)Where a council are the highway authority for only part of a highway, the powers conferred on the council by sections 118B, 119B and 119D above are exercisable with respect to the whole of the highway, but subject to subsection (2) and only with the consent of every other council which is a highway authority for any other part with respect to which the powers are exercised.]

(2)The powers of making [F4orders under sections 118 [F5to 119D]] above are not exercisable by a council—

(a)with respect to any part of a [F6highway] which is within their area, without prior consultation with [F7any] other council in whose area that part of the [F6highway] is situated;

(b)with respect to any part of a [F6highway] which is outside their area, without the consent of every council in whose area it is; and

(c)with respect to any part of a [F6highway] in a National Park, without prior consultation with [F8Natural England][F9(if the National Park is in England) or [F10the Natural Resources Body for Wales] (if the National Park is in Wales)].

(3)Where it appears to the Secretary of State as respects a footpath[F11, bridleway or restricted byway] that it is expedient as mentioned in section 118(1) [F12or 118A(1) or 119A(1)] above that the path or way should be stopped up [F13or diverted], [F14or where it appears to the Secretary of State as respects a relevant highway as defined by section 118B(2), 119B(2) or 119D(2) that it is expedient as mentioned in section 118B(1)(a) or (b), 119B(1)(a) or (b) or 119D(1)(b) that the highway should be stopped up or diverted] or where an owner, lessee or occupier of land crossed by a footpath[F11, bridleway or restricted byway] satisfies the Secretary of State that a diversion of it is expedient as mentioned in section 119(1) above, then if—

(a)no council having power to do so have made and submitted to him a public path extinguishment order [F15a special extinguishment order, a public path diversion order, a rail crossing diversion order, a special diversion order or an SSSI diversion order] or a public path diversion order, as the case may be, and

(b)the Secretary of State is satisfied that, if such an order were made and submitted to him, he would have power to confirm the order in accordance with the provisions in that behalf of sections 118 [F16to 119D] above,

he may himself make the order after consultation [F17(subject to the following provisions of this section)] with the appropriate authority [F18and, in the case of an SSSI diversion order, with the appropriate conservation body].

F19[(3A)Where—

(a)the operator of a railway makes a request to a council to make an order under section 118A or 119A above in respect of a crossing over the railway,

(b)the request is in such form and gives such particulars as are prescribed by regulations made by the Secretary of State, and

(c)the council have neither confirmed the order nor submitted it to the Secretary of State within 6 months of receiving the request,

the power conferred on the Secretary of State by subsection (3) above may be exercised without consultation with the council.]

[F20(3B)Unless an appeal to the Secretary of State is brought under section 121D(1) below, the power conferred on the Secretary of State by subsection (3) above to make a special extinguishment order or a special diversion order is exercisable only after consultation with the [F21local policing body] in whose area the highway lies.

(3C)The power conferred on the Secretary of State by subsection (3) above to make an SSSI diversion order may be exercised even though the appropriate conservation body has not made an application under section 119D above to the council who are the highway authority for the highway.

(3D)Where—

(a)the appropriate conservation body has made an application under section 119D above to a council in respect of a highway for which the council are the highway authority, and

(b)the council have neither confirmed the order nor submitted it to the Secretary of State for confirmation within 6 months of receiving the application,

the power conferred on the Secretary of State by subsection (3) above to make an SSSI diversion order may be exercised without consultation with the council.]

(4)A council proposing to make a public path diversion order [F22, a rail crossing diversion order, a special diversion order or an SSSI diversion order] such that the authority who will be the highway authority for a part of the [F23highway] after the diversion will be a different body from the authority who before the diversion are the highway authority for it shall, before making the order, notify the first mentioned authority.

[F24(5)The Secretary of State may, before determining—

(a)under subsection (3) above, to make a public path diversion order,

(b)under subsection (3) above, to make a public path extinguishment order, special extinguishment order, public path diversion order or special diversion order on an appeal under section 121D(1)(a) below,

(c)to confirm a public path extinguishment order, special extinguishment order, public path diversion order or special diversion order in respect of which an appeal under section 121D(1)(b) or (c) below has been brought, or

(d)under subsection (3) above, to make a rail crossing diversion order on the representations of the operator of the railway concerned,

require the appropriate person to enter into such agreement as he may specify with such council has he may specify for that person to defray, or to make such contribution as may be specified in the agreement towards, any such compensation or expenses as are specified in paragraphs (a), (b) and (c) of section 119(5), or as the case may be, section 118ZA(6), 119A(8) or 119C(3) above.

(6) In subsection (5) above “ the appropriate person ” means—

(a)in a case falling within paragraph (a) of that subsection—

(i)where an appeal under section 121D(1)(a) below has been brought, the appellant, or

(ii)in any other case, the person on whose representations the Secretary of State is acting,

(b)in a case falling within paragraph (b) or (c) of that subsection, the appellant, and

(c)in a case falling within paragraph (d) of that subsection, the operator of the railway concerned.]

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)

F2Words in s. 120(1) substituted (12.2.2003 for E. for certain purposes and 21.5.2007 for certain further purposes, 15.7.2005 for W. for certain purposes and otherwise prosp.) by 2000 c. 37, ss. 57, 103(3), Sch. 6 Pt. I para. 13(2); S.I. 2003/272, art. 2(a)(i); S.I. 2005/1314, art. 3(d)(i); S.I. 2007/1493, art. 2

F3S. 120(1A) inserted (12.2.2003 for E. for certain purposes and 21.5.2007 for certain further purposes, 15.7.2005 for W. for certain purposes and otherwise prosp.) by 2000 c. 37, ss. 57, 103(3), Sch. 6 Pt. I para. 13(3); S.I. 2003/272, art. 2(a)(i); S.I. 2005/1314, art. 3(d)(i); S.I. 2007/1493, art. 2

F4Words in s. 120(2) substituted (22.12.1992 for certain purposes and otherwise 31.1.1993) by Transport and Works Act 1992 (c. 42), s. 47, Sch. 2 para. 5(3); S.I. 1992/3144, arts. 2, 3, Sch.

F5Words in s. 120(2) substituted (12.2.2003 for E. for certain purposes and 21.5.2007 for certain further purposes, 15.7.2005 for W. for certain purposes and otherwise prosp.) by 2000 c. 37, ss. 57, 103(3), Sch. 6 Pt. I para. 13(4)(a); S.I. 2003/272, art. 2(a)(i); S.I. 2005/1314, art. 3(d)(i); S.I. 2007/1493, art. 2

F6Word in s. 120(2) substituted (12.2.2003 and 21.5.2007 for E. for certain purposes, 15.7.2005 for W. for certain purposes and otherwise prosp.) by 2000 c. 37, ss. 57, 103(3), Sch. 6 Pt. I para. 13(4)(b); S.I. 2003/272, art. 2(a)(i); S.I. 2005/1314, art. 3(d)(i); S.I. 2007/1493, art. 2

F7Word in s. 120(2)(a) substituted (1.4.1996) by 1994 c. 19, s. 22(1), Sch. 7 Pt. I para. 12 (with s. 54(7), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 3, Sch. 1.

F12Words in s. 120(3) inserted (22.12.1992 for certain purposes and otherwise 31.1.1993) by Transport and Works Act 1992 (c. 42), s. 47, Sch. 2 para. 5(4)(a); S.I. 1992/3144, arts. 2, 3, Sch.

F13Words in s. 120(3) inserted (22.12.1992 for certain purposes and otherwise 31.1.1993) by Transport and Works Act 1992 (c. 42), s. 47, Sch. 2 para. 5(4)(b); S.I. 1992/3144, arts. 2, 3, Sch.

F14Words in s. 120(3) inserted (12.2.2003 for E. for certain purposes and 21.5.2007 for certain further purposes, 15.7.2005 for W. for certain purposes and otherwise prosp.) by 2000 c. 37, ss. 57, 103(3), Sch. 6 Pt. I para. 13(5)(a); S.I. 2003/272, art. 2(a)(i); S.I. 2005/1314, art. 3(d)(i); S.I. 2007/1493, art. 2

F15Words in s. 120(3)(a) substituted (12.2.2003 for E. for certain purposes, 15.7.2005 for W. for certain purposes and otherwise prosp.) by 2000 c. 37, ss. 57, 103(3), Sch. 6 Pt. I para. 13(5)(b); S.I. 2003/272, art. 2(a)(i); S.I. 2005/1314, art. 3(d)(i)

F16Words in s. 120(3)(b) substituted (12.2.2003 for E. for certain purposes, 15.7.2005 for W. for certain purposes and otherwise prosp.) by 2000 c. 37, ss. 57, 103(3), Sch. 6 Pt. I para. 13(5)(c); S.I. 2003/272, art. 2(a)(i); S.I. 2005/1314, art. 3(d)(i)

F17Words in s. 120(3) substituted (12.2.2003 for E. for certain purposes, 15.7.2005 for W. for certain purposes and otherwise prosp.) by 2000 c. 37, ss. 57, 103(3), Sch. 6 Pt. I para. 13(5)(d); S.I. 2003/272, art. 2(a)(i); S.I. 2005/1314, art. 3(d)(i)

F18Words in s. 120(3) inserted (12.2.2003 for E. for certain purposes and otherwise prosp.) by 2000 c. 37, ss. 57, 103(3), Sch. 6 Pt. I para. 13(5)(e); S.I. 2003/272, art. 2(a)(i)

F19S. 120(3A) inserted (22.12.1992 for certain purposes and otherwise 31.1.1993) by Transport and Works Act 1992 (c. 42), s. 47, Sch. 2 para. 5(5); S.I. 1992/3144, arts. 2, 3, Sch.

F20S. 120(3B)-(3D) inserted (12.2.2003 for E. for certain purposes and 21.5.2007 for certain further purposes, 15.7.2005 for W. for certain purposes and otherwise prosp.) by 2000 c. 37, ss. 57, 103(3), Sch. 6 Pt. I para. 13(7); S.I. 2003/272, art. 2(a)(i); S.I. 2005/1314, art. 3(d)(i); S.I. 2007/1493, art. 2

F22Words in s. 120(4) substituted (12.2.2003 for E. for certain purposes and 21.5.2007 for certain further purposes, 15.7.2005 for W. for certain purposes and otherwise prosp.) by 2000 c. 37, ss. 57, 103(3), Sch. 6 Pt. I para. 13(8)(a); S.I. 2003/272, art. 2(a)(i); S.I. 2005/1314, art. 3(d)(i); S.I. 2007/1493, art. 2

F23Word in s. 120(4) substituted (12.2.2003 for E. for certain purposes and 21.5.2007 for certain further purposes, 15.7.2005 for W. for certain purposes and otherwise prosp.) by 2000 c. 37, ss. 57, 103(3), Sch. 6 Pt. I para. 13(8)(b); S.I. 2003/272, art. 2(a)(i); S.I. 2005/1314, art. 3(d)(i); S.I. 2007/1493, art. 2

F24S. 120(5)(6) substituted (12.2.2003 for E. for certain purposes and 21.5.2007 for certain further purposes, 15.7.2005 for W. for certain purposes and otherwise prosp.) for s. 120(5) by 2000 c. 37, ss. 57, 103(3), Sch. 6 Pt. I para. 13(9); S.I. 2003/272, art. 2(a)(i); S.I. 2005/1314, art. 3(d)(i); S.I. 2007/1493, art. 2

Modifications etc. (not altering text)

C2S. 118-121 extended (with modifications) (19.9.1995) by 1995 c. 25, ss. 70, 125(2), Sch. 9 para. 11(c) (with ss. 7(6), 115, 117, Sch. 8 para. 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