Highways Act 1980 (c. 66)

Part XII E+W Acquisition, Vesting and Transfer of Land etc.

Modifications etc. (not altering text)

C1 Pt. XII (ss. 238–271) applied by SI 1986/564, art. 4(2)(a)

Transfer of property and liabilities on change of status of highway etc. E+W

265 Transfer of property and liabilities upon a highway becoming or ceasing to be a trunk road. E+W

(1) Where a highway becomes a trunk road, then, subject to the provisions of this section, as from the date on which the highway becomes a trunk road (“the operative date”), there are transferred to the Minister by virtue of this section—

(a) the highway, in so far as, immediately before the operative date, it was vested in the former highway authority,

(b) the property mentioned in subsection (3) below, in so far as, immediately before the operative date, it was vested—

(i) in the former highway authority for the purposes of their functions in relation to the highway, or

(ii) in a council for the purposes of functions in relation to the highway under any enactment to which this section applies, and

(c) all liabilities incurred by any such authority or council for the purposes of their functions in relation to the highway and not discharged before the operative date, other than loans and loan charges,

and the highway and other property so transferred vest, by virtue of this section, in the Minister.

(2) There is not transferred to the Minister by virtue of this section any right or liability in respect of—

(a) work done, services rendered, goods delivered, or money due for payment, before the operative date, or

(b) damages or compensation for any act or omission before that date, or

(c) the price of, or compensation for, any land purchased, or for which a contract to purchase has been concluded, before that date.

(3) The property referred to in subsection (1)(b) above is—

(a) land, other than land—

(i) vested in the former highway authority for the purpose of being used for the storage of materials required wholly or mainly for the maintenance and improvement of other highways, or

(ii) acquired for the improvement or development of frontages to the highway, or of land adjoining or adjacent to the highway, and

(b) all other property (including the unexpended balances of any grants paid by the Minister to the former highway authority, or to any council for the purposes of their functions in relation to the highway), other than—

(i) materials to be used for the maintenance or improvement of the highway, and

(ii) the unexpended balances of any loans raised by the former highway authority, or by any council for the purposes of their functions in relation to the highway.

(4) Any property vested in the Minister by virtue of this section shall be held by him subject to all covenants, conditions and restrictions subject to which the property was held by the authority or council from whom it was transferred and to all liabilities affecting the property, except liabilities referred to in subsection (2) above.

(5) The Minister and the former highway authority may agree, on such terms as they think fit—

(a) that any property or liabilities (except loans and loan charges) acquired or incurred by the former highway authority for the purposes of their functions in relation to a highway which has become a trunk road, other than property or liabilities transferred to the Minister by virtue of this section, shall be transferred to him, or

(b) that any property or liabilities transferred to the Minister by virtue of this section shall be re-transferred to the authority.

(6) Any dispute between the Minister and any person as to the property or liabilities transferred by virtue of this section shall be determined by arbitration.

(7) The foregoing provisions of this section apply in a case where a trunk road ceases to be a trunk road (otherwise than by virtue of section 10(8) above) in like manner as they apply where a highway becomes a trunk road, with the substitution—

(a) for the references to the former highway authority and to a council, of references to the Minister, and

(b) for references to the Minister, of references to the council who become the highway authority for the road or, so far as relates to property and liabilities vested in or incurred by the Minister for the purposes of any functions under any enactment to which this section applies, to the council who are to exercise those functions in relation to the road.

(8) The former highway authority shall produce to the Minister such documents relating to their functions, property and liabilities in respect of a highway which has become a trunk road, and furnish to him such other information relating to those matters, as he may require.

(9) Schedule 21 to this Act has effect for the purpose of providing for transitional matters arising where a highway becomes a trunk road or a trunk road ceases to be a trunk road.

(10) The enactments to which this section applies are sections 42, 50, 230(7) and 271 of this Act and sections 1, [F1 23 and 85 of the Road Traffic Regulation Act 1984].

(11) For the purposes of this section—

• “former highway authority” means, in relation to a highway which has become a trunk road, the council in whom the highway was vested immediately before it became a trunk road; and

• “property” includes property, rights and powers of every description.

Textual Amendments

F1 Words substituted by Road Traffic Regulation Act 1984 (c. 27, SIF 107:1), s. 146, Sch. 3, para. 45

Modifications etc. (not altering text)

C2 S. 265 excluded by Dartford–Thurrock Crossing Act 1988 (c. 20, SIF 59), ss. 6(1), 19

C3 S. 265 applied (18.9.2014) by The A556 (Knutsford to Bowdon Improvement) Development Consent Order 2014 (S.I. 2014/2269), arts. 1, 9(3)

C4 S. 265 applied (25.2.2015) by The A160/A180 (Port of Immingham Improvement) Development Consent Order 2015 (S.I. 2015/129), art. 1s. 10(3)(a)