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Highways Act 1980, Section 8 is up to date with all changes known to be in force on or before 30 July 2026. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.![]()
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(1)Subject to the provisions of this section, local highway authorities [F2, combined authorities, combined county authorities] [F3 and strategic highways companies ] may enter into agreements with [F4other such authorities and companies] for or in relation to the construction, reconstruction, alteration, improvement or maintenance of a highway for which any party to the agreement are the highway authority.
[F5(1A)If a combined authority or combined county authority is a party to an agreement under subsection (1), the agreement may make or include provision for or in relation to the construction, reconstruction, alteration, improvement or maintenance of a highway for which a constituent council of that authority are the highway authority even if that constituent council is not a party to the agreement (a “relevant constituent council”) (whether that is instead of, or in addition to, such provision about any highway for which a party to the agreement are the highway authority).
(1B)A combined authority or combined county authority may not enter into an agreement under this section unless the authority has obtained the consent of any upper-tier constituent council or councils in whose area the authority would exercise functions under the agreement.]
(2)An agreement under this section may provide, in relation to a highway specified in the agreement, being a highway for which one of the parties to the agreement [F6, or a relevant constituent council,] are the highway authority, that any functions specified in the agreement, being functions exercisable as respects that highway by the highway authority therefor, shall be exercisable by some other party to the agreement on such terms and subject to such conditions (if any) as may be so specified.
(3)Where under an agreement made under this section any function of the highway authority for a highway is exercisable by another highway authority [F7or a combined authority or combined county authority], then, for the purpose of exercising that function that [F8other authority] shall have the same powers under this Act (including highway land acquisition powers) as the highway authority for the highway have for that purpose, and in exercising that function and those powers they shall have the like rights and be subject to the like liabilities as that authority.
(4)The council of a county [F9(other than one in Wales)] may not enter into an agreement under this section with the council of another county [F10or county borough] unless [F11their areas] adjoin each other [F12; and the council of a metropolitan district may not enter into an agreement under this section with the council of another metropolitan district or of a county [F13or county borough] unless the districts are in the same county or in counties which adjoin each other or, as the case may be, the county in which the district is situated and the other county [F14or, as the case may be, county borough] adjoin each other.].
[F15(4A)A combined authority or combined county authority may not enter into an agreement under this section with a council unless their areas adjoin each other.]
(5)Expenses incurred in pursuance of an agreement made under this section shall be borne for the parties to the agreement in such proportions as may be determined by the agreement.
[F16(6)In this section—
“combined authority”, “combined county authority” and “constituent council” have the same meanings as in section 6;
“relevant constituent council” has the meaning given in subsection (1A);
“upper-tier constituent council” has the same meaning as in section 6.]
Textual Amendments
F1Words in s. 8 heading inserted (5.3.2015) by Infrastructure Act 2015 (c. 7), s. 57(1), Sch. 1 para. 8(3); S.I. 2015/481, reg. 2(a)
F2Words in s. 8(1) inserted (29.4.2026) by English Devolution and Community Empowerment Act 2026 (c. 23), s. 108(1)(3), Sch. 8 para. 2(2) (with s. 102)
F3Words in s. 8(1) inserted (5.3.2015) by Infrastructure Act 2015 (c. 7), s. 57(1), Sch. 1 para. 8(2)(a); S.I. 2015/481, reg. 2(a)
F4Words in s. 8(1) substituted (5.3.2015) by Infrastructure Act 2015 (c. 7), s. 57(1), Sch. 1 para. 8(2)(b); S.I. 2015/481, reg. 2(a)
F5S. 8(1A)(1B) inserted (29.4.2026) by English Devolution and Community Empowerment Act 2026 (c. 23), s. 108(1)(3), Sch. 8 para. 2(3) (with s. 102)
F6Words in s. 8(2) inserted (29.4.2026) by English Devolution and Community Empowerment Act 2026 (c. 23), s. 108(1)(3), Sch. 8 para. 2(4) (with s. 102)
F7Words in s. 8(3) inserted (29.4.2026) by English Devolution and Community Empowerment Act 2026 (c. 23), s. 108(1)(3), Sch. 8 para. 2(5)(a) (with s. 102)
F8Words in s. 8(3) substituted (29.4.2026) by English Devolution and Community Empowerment Act 2026 (c. 23), s. 108(1)(3), Sch. 8 para. 2(5)(b) (with s. 102)
F9Words in s. 8(4) 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.
F10Words in s. 8(4) inserted (1.4.1996) by 1994 c. 19, s. 22(1), Sch. 7 Pt. I para. 3(b) (with s. 54(7), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 3, Sch.1.
F11Words in s. 8(4) substituted (1.4.1996) by 1994 c. 19, s. 22(1), Sch. 7 Pt. I para. 3(c) (with s. 54(7), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 3, Sch.1.
F12Words inserted by Local Government Act 1985 (c. 51, SIF 81:1), s. 8, Sch. 4 para. 5
F13Words in s. 8(4) inserted (1.4.1996) by 1994 c. 19, s. 22(1), Sch. 7 Pt. I para. 3(d) (with s. 54(7), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 3, Sch.1.
F14Words in s. 8(4) inserted (1.4.1996) by 1994 c. 19, s. 22(1), Sch. 7 Pt. I para. 3(e) (with s. 54(7), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 3, Sch.1.
F15S. 8(4A) inserted (29.4.2026) by English Devolution and Community Empowerment Act 2026 (c. 23), s. 108(1)(3), Sch. 8 para. 2(6) (with s. 102)
F16S. 8(6) inserted (29.4.2026) by English Devolution and Community Empowerment Act 2026 (c. 23), s. 108(1)(3), Sch. 8 para. 2(7) (with s. 102)
Modifications etc. (not altering text)
C1S. 8 restricted by Local Government Act 1985 (c. 51, SIF 81:1), s. 91, Sch. 15 para. 1
C2S. 8 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)(b)(2)(3)
C3S. 8 functions made exercisable concurrently (9.2.2017) by The West of England Combined Authority Order 2017 (S.I. 2017/126), arts. 1(3), 9(2)
C4S. 8 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(2)(a)(3)
C5S. 8 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(2)(3)
C6S. 8 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(2)
C7S. 8 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)
C8S. 8: 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(2)-(4)
C9S. 8: 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
C10S. 8: functions made exercisable concurrently (28.2.2024) by The East Midlands Combined County Authority Regulations 2024 (S.I. 2024/232), regs. 1(2), 16
C11S. 8: 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)
C12S. 8: 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
C13S. 8: 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
C14S. 8: functions made exercisable concurrently (5.2.2025) by The Greater Lincolnshire Combined County Authority Regulations 2025 (S.I. 2025/117), regs. 1(2), 15
C15S. 8: functions made exercisable concurrently (5.2.2025) by The Lancashire Combined County Authority Regulations 2025 (S.I. 2025/118), regs. 1(2), 11
C16S. 8(1) functions exercisable concurrently (1.4.2018) by The Sub-national Transport Body (Transport for the North) Regulations 2018 (S.I. 2018/103), regs. 1(2), 9(3), 11(a)
C17S. 8(3) modified (23.12.2016) by The Greater Manchester Combined Authority (Functions and Amendment) Order 2016 (S.I. 2016/1267), arts. 1(2), 9(3)
C18S. 8(3) modified (1.4.2018) by The Sub-national Transport Body (Transport for the North) Regulations 2018 (S.I. 2018/103), regs. 1(2), 12(b)
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