http://www.legislation.gov.uk/ukpga/1980/66/section/119BHighways 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 Diversion of certain highways for purposes of crime prevention, <Abbreviation Expansion="et cetera" xml:lang="la">etc.</Abbreviation>119B1This section applies where it appears to a council—athat, as respects any relevant highway for which they are the highway authority and which is in an area designated by the Secretary of State by order under section 118B(1)(a) above, the conditions in subsection (3) below are satisfied and it is expedient, for the purpose of preventing or reducing crime which would otherwise disrupt the life of the community, that the line of the highway, or part of that line should be diverted (whether on to land of the same or another owner, lessee or occupier), orbthat, as respects any relevant highway for which they are the highway authority and which crosses land occupied for the purposes of a school, it is expedient, for the purpose of protecting the pupils or staff from—iviolence or the threat of violence,iiharassment,iiialarm or distress arising from unlawful activity, orivany other risk to their health or safety arising from such activity,that the line of the highway, or part of that line, should be diverted (whether on to land of the same or another owner, lessee or occupier).2In subsection (1) above “relevant highway” means—aany footpath, bridleway or restricted byway,bany highway which is shown in a definitive map and statement as a footpath, a bridleway, or a restricted byway, but over which the public have a right of way for vehicular and all other kinds of traffic, orcany highway which is shown in a definitive map and statement as a byway open to all traffic,but does not include a highway that is a trunk road or a special road.3The conditions referred to in subsection (1)(a) above are—athat premises adjoining or adjacent to the highway are affected by high levels of crime, andbthat the existence of the highway is facilitating the persistent commission of criminal offences.4Where 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—inew footpath, bridleway or restricted byway, oriiin a case falling within subsection (2)(b) or (c) above, new highway over which the public have a right of way for vehicular and all other kinds of traffic,as appears to the council requisite for effecting the diversion, andbextinguish, as from such date as may be specified in the order or determined in accordance with the provisions of subsection (8) below, the public right of way over so much of the highway as appears to the council to be requisite for the purpose mentioned in paragraph (a) or (b) of subsection (1) above.5An order under subsection (4) above is in this Act referred to as a “special diversion order”.6Before making a special diversion order, the council shall consult the local policing body for the area in which the highway is situated.7A special diversion order shall not alter a point of termination of the highway—aif that point is not on a highway, orb(where it is on a highway) otherwise than to another point which is on the same highway, or a highway connected with it.8Where it appears to the council that work requires to be done to bring the new site of the highway into a fit condition for use by the public, the council shall—aspecify a date under subsection (4)(a) above, andbprovide that so much of the order as extinguishes (in accordance with subsection (4)(b) above) a public right of way is not to come into force until the local highway authority for the new highway certify that the work has been carried out.9A right of way created by a special diversion order may be either unconditional or (whether or not the right of way extinguished by the order was subject to limitations or conditions of any description) subject to such limitations or conditions as may be specified in the order.10The Secretary of State shall not confirm a special diversion order made by virtue of subsection (1)(a) above, 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 the conditions in subsection (3) above are satisfied, that the diversion of the highway is expedient as mentioned in subsection (1)(a) above and that it is expedient to confirm the order having regard to all the circumstances, and in particular to—awhether and, if so, to what extent the order is consistent with any strategy for the reduction of crime and disorder prepared under section 6 of the Crime and Disorder Act 1998,bthe effect which the coming into operation of the order would have as respects land served by the existing public right of way, andcthe effect which any new public right of way created by the order would have as respects the land over which the right is so created and any land held with it,so, however, that for the purposes of paragraphs (b) and (c) above the Secretary of State or, as the case may be, the council shall take into account the provisions as to compensation contained in section 28 above as applied by section 121(2) below.11The Secretary of State shall not confirm a special diversion order made by virtue of subsection (1)(b) above, 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 the diversion of the highway is expedient as mentioned in subsection (1)(b) above and that it is expedient to confirm the order having regard to all the circumstances, and in particular to—aany other measures that have been or could be taken for improving or maintaining the security of the school,bwhether it is likely that the coming into operation of the order will result in a substantial improvement in that security,cthe effect which the coming into operation of the order would have as respects land served by the existing public right of way, anddthe effect which any new public right of way created by the order would have as respects the land over which the right is so created and any land held with it,so, however, that for the purposes of paragraphs (c) and (d) above the Secretary of State or, as the case may be, the council shall take into account the provisions as to compensation contained in section 28 above as applied by section 121(2) below.12A special 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 highway 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 highway, andcwhere some part of the new site is already so comprised, defining that part.13Schedule 6 to this Act has effect as to the making, confirmation, validity and date of operation of special diversion orders.14Section 27 above (making up of new footpaths, bridleways and restricted byways) applies to a highway created by a special diversion order with the substitution—afor references to a footpath, bridleway or restricted byway of references to a footpath, a bridleway, a restricted byway or a highway over which the public have a right of way for vehicular and all other kinds of traffic,bfor references to a public path creation order of references to a special diversion order, andcfor references to section 26(2) above of references to section 120(3) below.15Neither section 27 nor section 36 above is to be regarded as obliging a highway authority to provide on any highway created by a special diversion order a metalled carriage-way.S. 119B inserted (12.2.2003 for E., 15.7.2005 for W. for certain purposes and otherwise prosp.) by 2000 c. 37, ss. 57, 103(3), Sch. 6 Pt. I para. 12; S.I. 2003/272, art. 2(a)(h); S.I. 2005/1314, art. 3(c)Words in s. 119B(6) substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), ss. 99, 157(1), Sch. 16 para. 138; S.I. 2011/3019, art. 3, Sch. 1(nnn)(iii)1998 c. 37. Words in s. 119B(14) 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)