Highways Act 1980

6 Delegation etc. of functions with respect to trunk roads. E+W

(1) The Minister [F1 or a strategic highways company] may by agreement with [F2 a combined authority, a combined county authority,] a county council, [F3 a metropolitan district council], or a London borough council delegate to that [F4 authority or] council all or any of his [F5 or its ] functions (including functions under a local or private Act) with respect to the maintenance and improvement of, and other dealing with, any trunk road or any land which does not form part of a trunk road but which has been acquired by him [F6 or it ] in connection with a trunk road under section 239(2) or (4) or section 246 below;. . . F7

[F8 (1ZA) A combined authority or combined county authority may not enter into an agreement under subsection (1) unless the authority has obtained the consent of any upper-tier constituent council or councils in whose area the authority would discharge functions under the agreement.]

[F9 (1A) The Minister [F10 or a strategic highways company] shall not delegate functions to a council under subsection (1) above—

(a) with respect to a trunk road or land outside [F11 that council's] area but within a non-metropolitan county or London borough, except with the consent of the council of that county or borough;

(b) with respect to a trunk road or land outside [F11 that council's] area but within a metropolitan district except after consultation with the council of that district.]

[F12 (1B) The Minister [F13 or a strategic highways company ] shall not delegate functions to a council under subsection (1) above with respect to a trunk road or land outside [F14 that council's]area but in Wales except after consultation with the Welsh council in whose area it is situated; and subsection (1A) does not apply in relation to a trunk road or land in Wales.]

(2) [F15 An authority or council] shall, in the exercise of any functions delegated to them under subsection (1) above, act as agents for the Minister [F16 or a strategic highways company] and in accordance with such conditions as [F17 may be attached] to the delegation, and among such conditions there shall be included the following—

(a) that the works to be executed and the expenditure to be incurred by [F18 the authority or council] in the discharge of the delegated functions shall be subject to the approval of the Minister [F16 or a strategic highways company];

(b) that [F19 the authority or council] shall comply with any requirement of the Minister [F16 or a strategic highways company] as to the manner in which any such works are to be carried out, and with any directions of the Minister [F16 or a strategic highways company] as to the terms of contracts to be entered into for the purposes of the discharge of the delegated functions; and

(c) that any such works shall be completed to the satisfaction of the Minister [F16 or a strategic highways company ].

(3) If at any time the Minister [F20 or a strategic highways company] is satisfied that a trunk road or land with respect to which functions are delegated under subsection (1) above is not in proper repair and condition, he [F21 or the company] may give notice to [F22 the authority or council] requiring them to place it in proper repair and condition within such time as may be specified in the notice, and if the notice is not complied with the Minister [F20 or a strategic highways company] may do anything that seems to him [F23 or the company] necessary to place the road or land in proper repair and condition.

(4) A delegation to [F24 an authority or council] under subsection (1) above may be determined by notice given by the Minister [F25 or a strategic highways company] to [F26 the authority or council] during the first 9 months of any calendar year, or the functions so delegated may be relinquished by a notice given by [F26 the authority or council] to the Minister [F25 or a strategic highways company] during any such period; and the notice shall take effect as from 1st April in the calendar year following that in which it is given.

(5) The Minister [F27 or a strategic highways company] may enter into an agreement with [F28 a combined authority, a combined county authority,] a county council, [F29 a metropolitan district council] or a London borough council—

(a) for the construction of a trunk road, or

(b) for the carrying out by [F30 the authority or council] of any work of improvement of, or other dealing with, any trunk road or any such land as is mentioned in subsection (1) above;

and subsection (2) above applies to the discharge of the functions of [F31 an authority or council] under any such agreement and to the conditions to be included in any such agreement as it applies to the discharge of functions delegated under subsection (1) above to any [F32 such authority or council] and to the conditions to be attached to any such delegation.

[F33 (5A) A combined authority or combined county authority may not enter into any arrangements under subsection (5) unless the authority has obtained the consent of any constituent council or councils in whose area the authority would discharge functions under the agreement.]

(6) Where—

(a) any functions have been delegated by the Minister [F34 or a strategic highways company] to a county council under subsection (1) above, or

(b) the Minister [F34 or a strategic highways company] has entered into an agreement with a county council under subsection (5) above,

the county council [F35 (the “responsible council”)] may, with the consent of the Minister [F34 or a strategic highways company], enter into arrangements with a district council [F36 or Welsh council (the “contracting council”)] for the carrying out by the [F37 contracting]council, in accordance with the arrangements, of such of the delegated functions or, as the case may be, of the functions to which the agreement relates as may be specified in the arrangements;. . . F38

[F39 (6ZA) Where—

(a) any functions have been delegated by the Minister or a strategic highways company to a combined authority or combined county authority under subsection (1) above, or

(b) the Minister or a strategic highways company has entered into an agreement with a combined authority or combined county authority under subsection (5) above,

the combined authority or combined county authority may, with the consent of the Minister or a strategic highways company, enter into arrangements with a county council, district council or Welsh council (the “contracting council”) for the carrying out by the contracting council, in accordance with the arrangements, of such of the delegated functions or, as the case may be, of the functions to which the agreement relates as may be specified in the arrangements.

(6ZB) A combined authority or combined county authority may not enter into arrangements under subsection (6ZA) unless the authority has obtained the consent of any constituent council or councils in whose area functions would be discharged under the arrangements.]

[F40 (6A) No arrangements shall be entered into under subsection (6) [F41 or (6ZA)] above for the carrying out by a [F42 contracting council] of any functions—

(a) with respect to a trunk road or land outside their area but within a non-metropolitan district, except with the consent of the council of the non-metropolitan district;

(b) with respect to a trunk road or land outside their area but within a metropolitan district, except after consultation with the council of the metropolitan district.]

[F43 (c) with respect to a trunk road or land in Wales but outside the area—

(i) of the responsible council; and

(ii) of the contracting council,

except after consultation with the Welsh council in whose area the trunk road or land is situated.]

(7) Plant or materials belonging to [F44 an authority or council] by whom functions fall to be exercised by virtue of a delegation, or agreement or arrangements under this section may be used by them for the purposes of those functions subject to the terms of the delegation, or agreement or arrangements.

(8) Nothing in this section limits the power of the Minister [F45 or a strategic highways company ] to enter into and carry into effect agreements with any person for any purpose connected with the construction, improvement or maintenance of, or other dealing with, a trunk road or otherwise connected with his [F46 or the company's] functions relating to trunk roads under this or any other Act; but no such agreement shall provide for the delegation of powers or duties of the Minister [F45 or a strategic highways company] except in accordance [F47 with

(a) the provisions of this section; or

(b) the provisions of any order made under section 69 of the Deregulation and Contracting Out Act 1994.]

[F48 (9) In this section—

• “combined authority” means a combined authority established under section 103 of the Local Democracy, Economic Development and Construction Act 2009;

• “combined county authority” means a combined county authority established under section 9(1) of the Levelling-up and Regeneration Act 2023;

• “constituent council” means—

  (a)

  in relation to a combined authority—

  (i)

  a county council the whole or any part of whose area is within the area of the authority, or

  (ii)

  a district council whose area is within the area of the authority;

  (b)

  in relation to a combined county authority—

  (i)

  a county council for an area within the area of the authority, or

  (ii)

  a unitary district council for an area within the area of the authority;

• “unitary district council” means the council for a district for which there is no county council;

• “upper-tier constituent council” means a constituent council that is—

  (a)

  a county council, or

  (b)

  a unitary district council.]

Textual Amendments

F1 Words in s. 6(1) inserted (5.3.2015) by Infrastructure Act 2015 (c. 7), s. 57(1), Sch. 1 para. 7(2)(a); S.I. 2015/481, reg. 2(a)

F2 Words in s. 6(1) inserted (29.4.2026) by English Devolution and Community Empowerment Act 2026 (c. 23), s. 108(1)(3), Sch. 8 para. 1(2)(a) (with s. 102)

F3 Words substituted by Local Government Act 1985 (c. 51, SIF 81:1), s. 8, Sch. 4 para. 4(a)(i)

F4 Words in s. 6(1) inserted (29.4.2026) by English Devolution and Community Empowerment Act 2026 (c. 23), s. 108(1)(3), Sch. 8 para. 1(2)(b) (with s. 102)

F5 Words in s. 6(1) inserted (5.3.2015) by Infrastructure Act 2015 (c. 7), s. 57(1), Sch. 1 para. 7(2)(b); S.I. 2015/481, reg. 2(a)

F6 Words in s. 6(1) inserted (5.3.2015) by Infrastructure Act 2015 (c. 7), s. 57(1), Sch. 1 para. 7(2)(c); S.I. 2015/481, reg. 2(a)

F7 Words repealed by Local Government Act 1985 (c. 51, SIF 81:1), ss. 8, 102, Sch. 4 para. 4(a)(ii), Sch. 17

F8 S. 6(1ZA) inserted (29.4.2026) by English Devolution and Community Empowerment Act 2026 (c. 23), s. 108(1)(3), Sch. 8 para. 1(3) (with s. 102)

F9 S. 6(1A) inserted by Local Government Act 1985 (c. 51, SIF 81:1), s. 8, Sch. 4 para. 4(b)

F10 Words in s. 6(1A) inserted (5.3.2015) by Infrastructure Act 2015 (c. 7), s. 57(1), Sch. 1 para. 7(3)(a); S.I. 2015/481, reg. 2(a)

F11 Words in s. 6(1A) substituted (5.3.2015) by Infrastructure Act 2015 (c. 7), s. 57(1), Sch. 1 para. 7(3)(b); S.I. 2015/481, reg. 2(a)

F12 S. 6(1B) inserted (1.4.1996) by 1994 c. 19, s. 22(1), Sch. 7 Pt. I para. 2(2) (with s. 54(7), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 3, Sch.1.

F13 Words in s. 6(1B) inserted (5.3.2015) by Infrastructure Act 2015 (c. 7), s. 57(1), Sch. 1 para. 7(4)(a); S.I. 2015/481, reg. 2(a)

F14 Words in s. 6(1B) substituted (5.3.2015) by Infrastructure Act 2015 (c. 7), s. 57(1), Sch. 1 para. 7(4)(b); S.I. 2015/481, reg. 2(a)

F15 Words in s. 6(2) substituted (29.4.2026) by English Devolution and Community Empowerment Act 2026 (c. 23), s. 108(1)(3), Sch. 8 para. 1(4)(a) (with s. 102)

F16 Words in s. 6(2) inserted (5.3.2015) by Infrastructure Act 2015 (c. 7), s. 57(1), Sch. 1 para. 7(5)(a); S.I. 2015/481, reg. 2(a)

F17 Words in s. 6(2) substituted (5.3.2015) by Infrastructure Act 2015 (c. 7), s. 57(1), Sch. 1 para. 7(5)(b); S.I. 2015/481, reg. 2(a)

F18 Words in s. 6(2)(a) substituted (29.4.2026) by English Devolution and Community Empowerment Act 2026 (c. 23), s. 108(1)(3), Sch. 8 para. 1(4)(b) (with s. 102)

F19 Words in s. 6(2)(b) substituted (29.4.2026) by English Devolution and Community Empowerment Act 2026 (c. 23), s. 108(1)(3), Sch. 8 para. 1(4)(b) (with s. 102)

F20 Words in s. 6(3) inserted (5.3.2015) by Infrastructure Act 2015 (c. 7), s. 57(1), Sch. 1 para. 7(6)(a); S.I. 2015/481, reg. 2(a)

F21 Words in s. 6(3) inserted (5.3.2015) by Infrastructure Act 2015 (c. 7), s. 57(1), Sch. 1 para. 7(6)(b); S.I. 2015/481, reg. 2(a)

F22 Words in s. 6(3) substituted (29.4.2026) by English Devolution and Community Empowerment Act 2026 (c. 23), s. 108(1)(3), Sch. 8 para. 1(5) (with s. 102)

F23 Words in s. 6(3) inserted (5.3.2015) by Infrastructure Act 2015 (c. 7), s. 57(1), Sch. 1 para. 7(6)(c); S.I. 2015/481, reg. 2(a)

F24 Words in s. 6(4) substituted (29.4.2026) by English Devolution and Community Empowerment Act 2026 (c. 23), s. 108(1)(3), Sch. 8 para. 1(6)(a) (with s. 102)

F25 Words in s. 6(4) inserted (5.3.2015) by Infrastructure Act 2015 (c. 7), s. 57(1), Sch. 1 para. 7(7); S.I. 2015/481, reg. 2(a)

F26 Words in s. 6(4) substituted (29.4.2026) by English Devolution and Community Empowerment Act 2026 (c. 23), s. 108(1)(3), Sch. 8 para. 1(6)(b) (with s. 102)

F27 Words in s. 6(5) inserted (5.3.2015) by Infrastructure Act 2015 (c. 7), s. 57(1), Sch. 1 para. 7(8)(a); S.I. 2015/481, reg. 2(a)

F28 Words in s. 6(5) inserted (29.4.2026) by English Devolution and Community Empowerment Act 2026 (c. 23), s. 108(1)(3), Sch. 8 para. 1(7)(a) (with s. 102)

F29 Words substituted by Local Government Act 1985 (c. 51, SIF 81:1), s. 8, Sch. 4 para. 4(c)

F30 Words in s. 6(5)(b) substituted (29.4.2026) by English Devolution and Community Empowerment Act 2026 (c. 23), s. 108(1)(3), Sch. 8 para. 1(7)(b) (with s. 102)

F31 Words in s. 6(5) substituted (29.4.2026) by English Devolution and Community Empowerment Act 2026 (c. 23), s. 108(1)(3), Sch. 8 para. 1(7)(c)(i) (with s. 102)

F32 Words in s. 6(5) substituted (29.4.2026) by English Devolution and Community Empowerment Act 2026 (c. 23), s. 108(1)(3), Sch. 8 para. 1(7)(c)(ii) (with s. 102)

F33 S. 6(5A) inserted (29.4.2026) by English Devolution and Community Empowerment Act 2026 (c. 23), s. 108(1)(3), Sch. 8 para. 1(8) (with s. 102)

F34 Words in s. 6(6) inserted (5.3.2015) by Infrastructure Act 2015 (c. 7), s. 57(1), Sch. 1 para. 7(9); S.I. 2015/481, reg. 2(a)

F35 Words in s. 6(6) inserted (1.4.1996) by 1994 c. 19, s. 22(1), Sch. 7 Pt. I para. (3)(a) (with s. 54(7), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 3, Sch.1.

F36 Words in s. 6(6) inserted (1.4.1996) by 1994 c. 19, s. 22(1), Sch. 7 Pt. I para. 2(3)(b) (with s. 54(7), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 3, Sch.1.

F37 Words in s. 6(6) substituted (1.4.1996) by 1994 c. 19, s. 22(1), Sch. 7 Pt. I para. 2(3)(c) (with s. 54(7), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 3, Sch.1.

F38 Words repealed by Local Government Act 1985 (c. 51, SIF 81:1), ss. 8, 102, Sch. 4 para. 4(d), Sch. 17

F39 S. 6(6ZA)(6ZB) inserted (29.4.2026) by English Devolution and Community Empowerment Act 2026 (c. 23), s. 108(1)(3), Sch. 8 para. 1(9) (with s. 102)

F40 S. 6(6A) inserted by Local Government Act 1985 (c. 51, SIF 81:1), s. 8, Sch. 4 para. 4(e)

F41 Words in s. 6(6A) inserted (29.4.2026) by English Devolution and Community Empowerment Act 2026 (c. 23), s. 108(1)(3), Sch. 8 para. 1(10) (with s. 102)

F42 Words in s. 6(6A) substituted (1.4.1996) by 1994 c. 19, s. 22(1), Sch. 7 Pt. I para. 2(4) (with s. 54(7), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 3, Sch.1.

F43 S. 6(6A)(c) inserted (1.4.1996) by 1994 c. 19, s. 22(1), Sch. 7 Pt. I para. 2(4) (with s. 54(7), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 3, Sch.1.

F44 Words in s. 6(7) substituted (29.4.2026) by English Devolution and Community Empowerment Act 2026 (c. 23), s. 108(1)(3), Sch. 8 para. 1(11) (with s. 102)

F45 Words in s. 6(8) inserted (5.3.2015) by Infrastructure Act 2015 (c. 7), s. 57(1), Sch. 1 para. 7(10)(a); S.I. 2015/481, reg. 2(a)

F46 Words in s. 6(8) inserted (5.3.2015) by Infrastructure Act 2015 (c. 7), s. 57(1), Sch. 1 para. 7(10)(b); S.I. 2015/481, reg. 2(a)

F47 Words in s. 6(8) substituted (25.7.1995) by S.I. 1995/1986, art. 3.

F48 S. 6(9) inserted (29.4.2026) by English Devolution and Community Empowerment Act 2026 (c. 23), s. 108(1)(3), Sch. 8 para. 1(12) (with s. 102)

Modifications etc. (not altering text)

C1 S. 6 restricted (13.2.1992) by Severn Bridges Act 1992 (c. 3), s. 15(6)

C2 S. 6 functions made exercisable concurrently (23.12.2016) by The Greater Manchester Combined Authority (Functions and Amendment) Order 2016 (S.I. 2016/1267), arts. 1(2), 9(1)(a), (2)

C3 S. 6 functions made exercisable concurrently (9.2.2017) by The West of England Combined Authority Order 2017 (S.I. 2017/126), arts. 1(3), 9(1)

C4 S. 6 functions made exercisable concurrently (3.3.2017) by The Cambridgeshire and Peterborough Combined Authority Order 2017 (S.I. 2017/251), arts. 1(2)(b), 9(1)

C5 S. 6 functions made exercisable (8.5.2017) by The Liverpool City Region Combined Authority (Functions and Amendment) Order 2017 (S.I. 2017/430), arts. 1(3), 15(1)

C6 S. 6 functions made exercisable concurrently (8.5.2017) by The West Midlands Combined Authority (Functions and Amendment) Order 2017 (S.I. 2017/510), arts. 1(2), 4(1)(3)

C7 S. 6 functions made exercisable concurrently (28.7.2020) by The Barnsley, Doncaster, Rotherham and Sheffield Combined Authority (Functions and Amendment) Order 2020 (S.I. 2020/806), arts. 1, 3(1)(3)

C8 S. 6 functions made exercisable concurrently (28.7.2020) by The Barnsley, Doncaster, Rotherham and Sheffield Combined Authority (Functions and Amendment) Order 2020 (S.I. 2020/806), arts. 1, 3(2)(3)

C9 S. 6: functions made exercisable concurrently (30.1.2021) by The West Yorkshire Combined Authority (Election of Mayor and Functions) Order 2021 (S.I. 2021/112), arts. 1(2), 19(1)(3)-(5)

C10 S. 6: functions made exercisable concurrently (20.12.2023) by The York and North Yorkshire Combined Authority Order 2023 (S.I. 2023/1432), arts. 1(2), 14

C11 S. 6: functions made exercisable concurrently (28.2.2024) by The East Midlands Combined County Authority Regulations 2024 (S.I. 2024/232), regs. 1(2), 16

C12 S. 6: functions made exercisable concurrently (7.5.2024) by The North East Mayoral Combined Authority (Establishment and Functions) Order 2024 (S.I. 2024/402), arts. 1(3), 21 (with art. 9)

C13 S. 6: functions made exercisable concurrently (5.2.2025) by The Hull and East Yorkshire Combined Authority Order 2025 (S.I. 2025/113), arts. 1(2), 8

C14 S. 6: functions made exercisable concurrently (5.2.2025) by The Greater Lincolnshire Combined County Authority Regulations 2025 (S.I. 2025/117), regs. 1(2), 15

C15 S. 6: functions made exercisable concurrently (5.2.2025) by The Devon and Torbay Combined County Authority Regulations 2025 (S.I. 2025/115), regs. 1(2), 11

C16 S. 6: functions made exercisable concurrently (5.2.2025) by The Lancashire Combined County Authority Regulations 2025 (S.I. 2025/118), regs. 1(2), 11

C17 S. 6(2)(6)(8) modified (1.4.2018) by The Sub-national Transport Body (Transport for the North) Regulations 2018 (S.I. 2018/103), regs. 1(2), 12(a)(i)

C18 S. 6(5) functions exercisable jointly (1.4.2018) by The Sub-national Transport Body (Transport for the North) Regulations 2018 (S.I. 2018/103), regs. 1(2), 9(2), 10(a)