http://www.legislation.gov.uk/ukpga/1980/66/section/119AHighways Act 1980An Act to consolidate the Highways Acts 1959 to 1971 and related enactments, with amendments to give effect to recommendations of the Law Commission.1981-03-01texttext/xmlenStatute Law Database2026-03-18Expert Participation2026-03-13 Part VIII Stopping up and diversion of highways and stopping up of means of access to highways Stopping up and diversion of highways<Addition ChangeId="d29p11662" CommentaryRef="c13423951"> Diversion of footpaths</Addition><Addition ChangeId="d29p11662" CommentaryRef="c13423951"><Substitution ChangeId="M_F_3dfc068d-41ed-40a9-9cc0-b46ee0d635c5-1493899753487" CommentaryRef="M_F_3dfc068d-41ed-40a9-9cc0-b46ee0d635c5">, bridleways and restricted byways</Substitution></Addition><Addition ChangeId="d29p11662" CommentaryRef="c13423951"> crossing railways.</Addition>119A1This section applies where it appears to a council expedient in the interests of the safety of members of the public using it or likely to use it that a footpath, bridleway or restricted byway in their area which crosses a railway, otherwise than by tunnel or bridge, should be diverted (whether on to land of the same or of another owner, lessee or occupier).2Where this section applies, the council may by order made by them and submitted to and confirmed by the Secretary of State, or confirmed as an unopposed order—acreate, as from such date as may be specified in the order, any such new path or way as appears to the council requisite for effecting the diversion, andbextinguish, as from such date as may be specified in the order or determined under subsection (7) below, the public right of way over the crossing and over so much of the path or way of which the crossing forms part as appears to the council requisite as aforesaid.3An order under this section is referred to in this Act as a “rail crossing diversion order”.4The Secretary of State shall not confirm a rail crossing diversion order, and a council shall not confirm such an order as an unopposed order, unless he or, as the case may be, they are satisfied that it is expedient to do so having regard to all the circumstances, and in particular to—awhether it is reasonably practicable to make the crossing safe for use by the public, andbwhat arrangements have been made for ensuring that, if the order is confirmed, any appropriate barriers and signs are erected and maintained.5A rail crossing diversion order shall not alter a point of termination of a path or way diverted under the order—aif that point is not on a highway over which there subsists a like right of way (whether or not other rights of way also subsist over it), orb(where it is on such a highway) otherwise than to another point which is on the same highway, or another such highway connected with it.6A rail crossing diversion order may make provision requiring the operator of the railway to maintain all or part of the footpath, bridleway or restricted byway created by the order.7Where it appears to the council that work requires to be done to bring the new site of the footpath, bridleway or restricted byway into a fit condition for use by the public, the council shall—aspecify a date under subsection (2)(a) above, andbprovide that so much of the order as extinguishes (in accordance with subsection (2)(b) above) a public right of way is not to come into force until the local highway authority for the new path or way certify that the work has been carried out.8Before determining to make a rail crossing diversion order on the representations of the operator of the railway crossed by the path or way, the council may require him to enter into an agreement with them to defray, or to make such contribution as may be specified in the agreement towards,—aany compensation which may become payable under section 28 above as applied by section 121(2) below;bany expenses which the council may incur in connection with the erection or maintenance of barriers and signs;cwhere the council are the highway authority for the path or way in question, any expenses which they may incur in bringing the new site of the path or way into fit condition for use by the public;dwhere the council are not the highway authority, any expenses which may become recoverable from them by the highway authority under the provisions of section 27(2) above as applied by subsection (11) below.9A rail crossing diversion order shall be in such form as may be prescribed by regulations made by the Secretary of State and shall contain a map, on such scale as may be so prescribed—ashowing the existing site of so much of the line of the path or way as is to be diverted by the order and the new site to which it is to be diverted,bindicating whether a new right of way is created by the order over the whole of the new site or whether some part of it is already comprised in a footpath, bridleway or restricted byway, andcwhere some part of the new site is already so comprised, defining that part.10Schedule 6 to this Act has effect as to the making, confirmation, validity and date of operation of rail crossing diversion orders.11Section 27 above (making up of new footpaths, bridleways and restricted byways) applies to a footpath, bridleway or restricted byway created by a rail crossing diversion order with the substitution, for references to a public path creation order, of references to a rail crossing diversion order and, for references to section 26(2) above, of references to section 120(3) below.12In this section and in section 120 below—“operator”, in relation to a railway, means any person carrying on an undertaking which includes maintaining the permanent way;“railway” includes tramway but does not include any part of a system where rails are laid along a carriageway.S. 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).S. 119A applied (2.5.2006 for E. and 11.5.2006 for W.) by The Restricted Byways (Application and Consequential Amendment of Provisions) Regulations 2006 (S.I. 2006/1177), regs. 1(2)(4), 2, Sch. Pt. I; S.I. 2006/1172, art. 2; S.I. 2006/1279, art. 2S. 119A 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. 4; S.I. 1992/3144, arts. 2, 3, Sch.Words in s. 119A(2)(b) substituted (12.2.2003 for E. and 31.5.2005 for W.) by 2000 c. 37, s. 57, Sch. 6 Pt. I para. 11(2); S.I. 2003/272, art. 2(a)(g); S.I. 2005/1314, art. 2(b)(iv)S. 119A(7) substituted (12.2.2003 for E. and 31.5.2005 for W.) by 2000 c. 37, s. 57, Sch. 6 Pt. I para. 11(3); S.I. 2003/272, art. 2(a)(g); S.I. 2005/1314, art. 2(b)(iv)Words in s. 119A(11) substituted (2.5.2006 for E. and 11.5.2006 for W.) by The Restricted Byways (Application and Consequential Amendment of Provisions) Regulations 2006 (S.I. 2006/1177), regs. 1(2)(4), 2, Sch. Pt. 1; S.I. 2006/1172, art. 2(a)-(d) (with art. 3); S.I. 2006/1279, art. 2(a)-(d) (with art. 3)Words in s. 119A(7) substituted (2.5.2006 for E. and 11.5.2006 for W.) by The Restricted Byways (Application and Consequential Amendment of Provisions) Regulations 2006 (S.I. 2006/1177), regs. 1(2)(4), 2, Sch. Pt. 1; S.I. 2006/1172, art. 2(a)-(d) (with art. 3); S.I. 2006/1279, art. 2(a)-(d) (with art. 3)Words in s. 119A(1) substituted (2.5.2006 for E. and 11.5.2006 for W.) by The Restricted Byways (Application and Consequential Amendment of Provisions) Regulations 2006 (S.I. 2006/1177), regs. 1(2)(4), 2, Sch. Pt. 1; S.I. 2006/1172, art. 2(a)-(d) (with art. 3); S.I. 2006/1279, art. 2(a)-(d) (with art. 3)Words in s. 119A(6) substituted (2.5.2006 for E. and 11.5.2006 for W.) by The Restricted Byways (Application and Consequential Amendment of Provisions) Regulations 2006 (S.I. 2006/1177), regs. 1(2)(4), 2, Sch. Pt. 1; S.I. 2006/1172, art. 2(a)-(d) (with art. 3); S.I. 2006/1279, art. 2(a)-(d) (with art. 3)Words in s. 119A sidenote substituted (2.5.2006 for E. and 11.5.2006 for W.) by The Restricted Byways (Application and Consequential Amendment of Provisions) Regulations 2006 (S.I. 2006/1177), regs. 1(2)(4), 2, Sch. Pt. 1; S.I. 2006/1172, art. 2(a)-(d) (with art. 3); S.I. 2006/1279, art. 2(a)-(d) (with art. 3)Words in s. 119A(9)(b) substituted (2.5.2006 for E. and 11.5.2006 for W.) by The Restricted Byways (Application and Consequential Amendment of Provisions) Regulations 2006 (S.I. 2006/1177), regs. 1(2)(4), 2, Sch. Pt. 1; S.I. 2006/1172, art. 2(a)-(d) (with art. 3); S.I. 2006/1279, art. 2(a)-(d) (with art. 3)Words in s. 119A(11) substituted (2.5.2006 for E. and 11.5.2006 for W.) by The Restricted Byways (Application and Consequential Amendment of Provisions) Regulations 2006 (S.I. 2006/1177), regs. 1(2)(4), 2, Sch. Pt. 1; S.I. 2006/1172, art. 2(a)-(d) (with art. 3); S.I. 2006/1279, art. 2(a)-(d) (with art. 3)