http://www.legislation.gov.uk/ukpga/1980/66/section/264Highways 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 XII Acquisition, Vesting and Transfer of Land <Abbreviation Expansion="et cetera" xml:lang="la">etc.</Abbreviation> Vesting of highways etc. Vesting of drains etc. of certain roads.2641The drains belonging to a road for which the council of a county or metropolitan district are the highway authority vest in the council of the county or metropolitan district in which the road is situated and where any other drain or any sewer was at the material date used for any purpose in connection with the drainage of such a road, that council continue to have the right of using the drain or sewer for that purpose.For the purposes of this subsection the material date is—ain the case of any highway which first became maintainable at the public expense before the commencement of this Act, the date on which it first became so maintainable or 1st April 1974, whichever date was later; andbin the case of any highway which first becomes maintainable at the public expense after the commencement of this Act, the date on which it first becomes so maintainable.2The drains belonging to a highway—awhich immediately before the date of the abolition of the Greater London Council under the Local Government Act 1985 was a metropolitan road; andbwhich did not become a trunk road on that date by virtue of an order made under paragraph 53 of Schedule 4 to that Act,vest in the council of the London borough in which the highway is situated or, if it is situated in the City in the Common Council, and where any other drain or sewer was, at the date when the highway became a metropolitan road, used for any purpose in connection with the drainage of that highway, that council shall have the right of using the drain or sewer for that purpose.3Any difference arising under this section—abetween a county council and a non-metropolitan district council—ias to the council in whom a drain is vested, oriias to the use of a drain or sewer;b. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . cbetween a county council , metropolitan district council or London borough council or the Common Council, on the one hand, and a sewerage undertaker, on the other, as to the use of a sewer;shall, if either party to the dispute so elect, be referred to and determined by the Secretary of State.4Subsection (3)(a) above does not apply in Wales.S. 264 saved (1.12.1991) by Water Industry Act 1991 (c. 56, SIF 130), ss. 115, 117(5), 219(3)(7), 223(2) (with ss. 82(3), 186(1), 222(1), Sch. 14 para. 6)Words inserted by Local Government Act 1985 (c. 51, SIF 81:1), s. 8, Sch. 4 para. 38(a)S. 264(2) substituted by Local Government Act 1985 (c. 51, SIF 81:1), s. 8, Sch. 4 para. 38(b)Word inserted by Local Government Act 1985 (c. 51, SIF 81:1), s. 8, Sch. 4 para 38(c)S. 264(3)(b) repealed by Local Government Act 1985 (c. 51, SIF 81:1), s. 102, Sch. 17Words substituted by Local Government Act 1985 (c. 51, SIF 81:1), s. 8, Sch. 4 para. 38(c)Words substituted by Water Act 1989 (c. 15, SIF 130), ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)–(10), 190, 193(1), Sch. 25 para. 62(10), Sch. 26 paras. 3(1)(2), 17, 40(4), 57(6), 58S. 264(4) inserted (1.4.1996) by 1994 c. 19, s. 22(1), Sch. 7 Pt. I para.24 (with s. 54(7), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 3, Sch.1.Pt. XII (ss. 238–271) applied by SI 1986/564, art. 4(2)(a)