Highways Act 1980

Special roads

16 General provision as to special roads

(1) Subject to the provisions of this Act, all such highways or proposed highways as immediately before the commencement of this Act were special roads, as being highways or proposed highways provided, or to be provided, in pursuance of a scheme made, or having effect as if made, under section 11 of the [1959 c. 25.] Highways Act 1959 (which section is replaced by subsections (3) to (10) below), continue to be, and to be known as, special roads.

(2) Roads that continue to be special roads by virtue of subsection (1) above continue, subject to the provisions of this Act, to be special roads for the use of traffic of the classes for the use of which they were special roads immediately before the commencement of this Act.

(3) A highway authority may be authorised by means of a scheme under this section to provide, along a route prescribed by the scheme, a special road for the use of traffic of any class prescribed thereby.

(4) Subject to subsection (10) below, a highway authority authorised by means of a scheme under this section, or any such scheme as is referred to in subsection (1) above, to provide a special road is in this Act referred to in relation to that road as the special road authority.

(5) A special road authorised by a scheme under this section may be provided—

(a) by means of the construction by the special road authority of a new highway along the route prescribed by the scheme or any part thereof;

(b) by means of the appropriation under subsequent provisions in that behalf of this Part of this Act of a highway comprised in that route for which the special road authority are the highway authority;

(c) by means of the transfer to the special road authority under subsequent provisions in that behalf of this Part of this Act of a highway comprised in that route for which they are not the highway authority.

(6) A scheme under this section authorising the provision of a special road shall—

(a) in the case of a road to be provided by the Minister, be made by the Minister ; and

(b) in the case of a road to be provided by a local highway authority, be made by that authority and confirmed by the Minister.

(7) Parts II and III of Schedule 1 to this Act have effect as to the making of a scheme under this section; and Schedule 2 to this Act has effect as to the validity and date of operation of any such scheme.

(8) Before making or confirming a scheme under this section, the Minister shall give due consideration to the requirements of local and national planning, including the requirements of agriculture.

(9) If objection to a scheme under this section is duly made in accordance with Part II of the said Schedule 1 by the highway authority for a highway comprised in the route of the special road authorised by the scheme, and is not withdrawn, the scheme shall be subject to special parliamentary procedure.

(10) A scheme under this section may be submitted to the Minister jointly by any two or more local highway authorities, and any such scheme may determine which of those authorities shall be the special road authority for the special road or any part thereof, and may provide—

(a) for the performance by that authority, in relation to the road or that part thereof, of any of the highway functions of any other authority who are party to the application, and

(b) for the making of contributions by that other authority to the special road authority in respect of expenditure incurred in the performance of those functions ;

and in relation to a special road provided or to be provided in pursuance of such a scheme, or any part of such a road, references in this Act to a special road authority are references to the highway authority who are by virtue of that scheme the special road authority for that road or part.

17 Classification of traffic for purposes of special roads

(1) Different classes of traffic may be prescribed by a scheme under section 16 above in relation to different parts of the special road to which the scheme relates.

(2) The classes of traffic prescribed by any such scheme shall be prescribed by reference to the classes set out in Schedule 4 to this Act.

(3) The Minister of Transport may by order amend the said Schedule 4 by varying the composition of any class of traffic specified therein or adding a further class of traffic to those so specified, and references in schemes under the said section 16 made (whether by the Minister of Transport or a local highway authority) before the date on which the order comes into operation to any class of traffic to which the order relates are to be construed as references to that class as varied by the order or, if the order so provides, as including references to an additional class created thereby, as the case may be.

18 Supplementary orders relating to special roads

(1) Provision in relation to a special road may be made by an order under this section for any of the following purposes:—

(a) for appropriating as, or as part of, the special road, as from such date as may be specified in the order, a highway which is comprised in the route prescribed by the scheme authorising the special road and which is a highway for which the special road authority are the highway authority;

(b) for transferring to the special road authority, as from such date as may be specified in the order, a highway which is comprised in the route prescribed by the scheme authorising the special road and which is a highway for which they are not the highway authority ;

(c) for authorising the special road authority—

(i) to stop up, divert, improve, raise, lower or otherwise alter a highway that crosses or enters the route of the special road or is or will be otherwise affected by the construction or improvement of the special road;

(ii) to construct a new highway for purposes connected with any such alteration as aforesaid or for any other purpose connected with the special road or its construction, and to close after such period as may be specified in the order any new highway so constructed for temporary purposes;

(d) for transferring to such highway authority as may be specified in the order, as from such date as may be so specified, a highway constructed by the special road authority in pursuance of the order or any previous order made under this section ;

(e) for authorising or requiring the special road authority to exercise, either concurrently with or to the exclusion of any local authority, any functions which, apart from the order, would be exercisable by that local authority in relation to the special road other than functions of that authority as local planning authority;

(f) for any other purpose incidental to the purposes afore said or otherwise incidental to the construction or maintenance of, or other dealing with, the special road.

(2) The provision that may be made pursuant to subsection (1)(f) above in an order under this section that provides for the stopping up or diversion of a highway, includes provision for the preservation of any rights—

(a) of statutory undertakers in respect of any apparatus of theirs which immediately before the date of the order is under, in, on, over, along or across the highway to be stopped up or diverted ; or

(b) of any sewerage authority in respect of any sewers or sewage disposal works of theirs which immediately before that date are under, in, on, over, along or across that highway.

(3) An order under this section making provision in connection with a special road shall—

(a) in the case of a special road provided or to be provided by the Minister be made by the Minister; and

(b) in the case of a special road provided or to be provided by a local highway authority, be made by that authority and confirmed by the Minister.

(4) Parts I and III of Schedule 1 to this Act have effect as to the making of an order under this section; and Schedule 2 to this Act has effect as to the validity and date of operation of any such order.

(5) Subject to subsection (4) above, an order under this section may come into operation on the same day as the scheme authorising the special road to which it relates.

(6) No order providing for the appropriation by or transfer to a special road authority of a highway comprised in the route prescribed by the scheme authorising the special road shall be made or confirmed by the Minister under this section unless either—

(a) he is satisfied that another reasonably convenient route is available for traffic other than traffic of the class authorised by the scheme, or will be provided before the date on which the appropriation or transfer takes effect, or

(b) he is satisfied that no such other route is reasonably required for any such other traffic ;

and no order authorising the stopping up of a highway shall be made or confirmed by the Minister under this section unless he is satisfied that another reasonably convenient route is available or will be provided before the highway is stopped up.

(7) An order under this section may provide for the payment of contributions—

(a) by a special road authority to any other highway authority in respect of any additional liabilities imposed on that other authority in consequence of the provisions of the order or of any previous order made under this section,

(b) to a special road authority by any other authority in respect of any liabilities so imposed on the special road authority that would otherwise have fallen to be discharged by the other authority,

and may also provide for the determination by arbitration of disputes as to the payment of such contributions.

(8) In this section " local authority" means the Greater London Council, the Common Council and the council of a county, district, London borough, parish or community, and includes the parish meeting of a rural parish not having a separate parish council.

19 Certain special roads and other highways to become trunk roads

(1) A special road to be provided by the Minister in pursuance of a scheme under section 16 above shall, except so far as it is provided by means of the appropriation or transfer of a highway, become a trunk road on such date as may be specified in the scheme.

(2) A highway (not being a trunk road) which, by means of an order under section 18 above, is appropriated as, or as part of, a special road to be provided by the Minister, and a highway which, by means of such an order, is transferred to the Minister, shall become a trunk road on the date on which it is so appropriated or is so transferred, as the case may be.

20 Restriction on laying of apparatus etc. in special roads

(1) Subject to the provisions of this section, the powers conferred on statutory undertakers by or under any enactment to lay down or erect any apparatus under, in, over, along or across any land shall not be exercisable in relation to any land comprised in the route of a special road except with the consent of the special road authority.

(2) The consent of a special road authority shall not be required under this section for the laying down or erection by statutory undertakers of any apparatus by way of renewal of any apparatus for the time being belonging to or used by them for the purpose of their undertaking.

(3) A consent of a special road authority under this section may be given subject to conditions, but those conditions shall not include a condition requiring any payment to be made by the undertakers to the special road authority in respect of the exercise of the powers to the exercise of which the consent is given.

(4) Where any apparatus in respect of which the consent of a special road authority is required under this section is to be laid down or erected along a line crossing the route of the special road but not running along that route, that authority—

(a) shall not withhold their consent under this section unless there are special reasons for doing so; and

(b) may, if they give their consent subject to conditions, make contributions to the statutory undertakers in respect of any expenses incurred by them in complying therewith.

(5) Any dispute between a special road authority and any statutory undertakers in respect of—

(a) the withholding of the consent of that authority in respect of apparatus to be laid down or erected as mentioned in subsection (4) above, or

(b) the imposition of any condition on the grant of such consent, or

(c) the making of any contributions under subsection (4)(b) above,

shall be determined by arbitration; and where the Minister is the special road authority the arbitrator shall be a single arbitrator appointed, in default of agreement between the parties concerned, by the President of the Institution of Civil Engineers.

(6) Where the consent of a special road authority is required under this section in respect of apparatus to be laid down or erected otherwise than as mentioned in subsection (4) above, and the special road authority are a local highway authority, then—

(a) if the apparatus is to be laid under a carriageway, the authority shall not give their consent except with the approval of the Minister;

(b) if the consent of the authority is refused (otherwise than in consequence of the withholding of the Minister's approval under paragraph (a) above) or is granted subject to conditions (other than conditions approved by the Minister under that paragraph) the statutory undertakers may appeal to the Minister, and he may make such order as he thinks fit.

(7) The provisions of this section, so far as applicable, apply in relation to the sewers and sewage disposal works of any sewerage authority as they apply in relation to the apparatus of statutory undertakers.

(8) The provisions of this section shall have effect in addition to and not in substitution for the provisions of sections 156 and 159 below and of any other enactment restricting or regulating the powers of any statutory undertakers to break up or open streets or enter upon land for the purpose of laying down or erecting apparatus.

(9) For the purposes of this section the Post Office are to be deemed to be statutory undertakers.