Highways Act 1980

264 Vesting of drains etc. of certain roads

(1) The drains belonging to a road for which the council of a county are the highway authority vest in the council of the county 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—

(a) in 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; and

(b) in 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.

(2) The drains belonging to a highway which is for the time being a metropolitan road vest in the Greater London 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 continue to have the right of using the drain or sewer for that purpose.

(3) Any difference arising under this section—

(a) between a county council and a district council—

(i) as to the council in whom a drain is vested, or

(ii) as to the use of a drain or sewer;

(b) between the Greater London Council and a London borough council or the Common Council—

(i) as to the council in whom a drain is vested, or

(ii) as to the use of a drain or sewer ; or

(c) between a county council or the Greater London Council, on the one hand, and a water authority, 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.