The Highways Act 1980 (c. 66) is an act of the Parliament of the United Kingdom dealing with the management and operation of the road network in England and Wales. It consolidated with amendments several earlier pieces of legislation. Many amendments relate only to changes of highway authority, to include new unitary councils and national parks. By virtue of the Local Government (Wales) Act 1994 and the Environment Act 1995, most references to local authority are taken to also include Welsh councils and national park authorities.
By virtue of the National Assembly for Wales (Transfer of Functions) Order 1999 most references to 'the Minister' are taken to include the Senedd. The act is split into 14 parts covering 345 sections, it also includes 25 schedules.
Part 1: Highway authorities and agreements between authorities Part 1 includes sections 1 to 9 of the act. The legislation contained in these sections covers: Highway Authorities Agreements between authorities
Part 2: Trunk roads, classified roads, metropolitan roads, special roads
Part 2 includes sections 10 to 23 of the act. The legislation contained in these sections covers: Trunk roads Classified roads Metropolitan roads Special roads (such as motorways)
Part 3: Creation of highways
Part 3 includes sections 24 to 35 of the act. The legislation contained in these sections covers: Creation of new highways Creation of new footpaths and bridleways Dedication of highways including the 'after public use for 20 years' rule
Private landowners sometimes display a notice quoting Section 31, when there is no dedication of a public right of way.Cornwall Council https://www.cornwall.gov.uk/environment-and-planning/countryside/public-rights-of-way/landowner-statements-highways-act-1980-section-31-6/
Part 4: Maintenance of highways Part 4 includes sections 36 to 61 of the act. The legislation contained in these sections covers: Highways maintainable at public expense, and their maintenance Maintenance of privately maintainable highways Powers covering enforcement of liabilities and recovery of costs Defence in respect of specific matters in legal action against a highway authority for damages for non-repair of highway
Section 38 Agreement
Under Section 38 of the act, the highway authority may agree to adopt private roads. The authority can agree to adopt the street as a highway maintainable at public expense when all the street works have been carried out to their satisfaction, within a stated time. It is customary for the developer to enter into a bond for their performance with a bank or building society.
Part 5: Improvement of highways Part 5 includes sections 62 to 105 of the act. The legislation contained in these sections covers: Various powers to improve highways including – but not limited to: Widening of highways Installation of guardrails Construction, reconstruction and improvement of bridges and the like
Part 6: Navigable waters and watercourses
Part 6 includes sections 106 to 111 of the act. The legislation contained in these sections covers: Construction of bridges over and tunnels under navigable waters Diversions of watercourses
Part 7: Provision of special facilities
Part 7 includes sections 112 to 115 of the act. The legislation contained in these sections covers: Provision of picnic sites. Provision of public conveniences. Provision of areas for parking heavy goods vehicles.
Part 8: Stopping up of highways Part 8 includes sections 116 to 129 of the act. The legislation contained in these sections covers: Stopping up and diversion of highways Stopping up means of access to highways
Part 9: Lawful and unlawful interference with highways Part 9 includes sections 130 to 185 of the act. The legislation contained in these sections covers: Protection of public rights Damage to highways Obstruction of highways Danger or annoyance to highway users Precautions to be taken in doing certain works Request the highway authority to construct a vehicle crossing over a footway or verge in the highway
Part 10: New streets Part 10 includes sections 186 to 202 of the act. The legislation contained in these sections covers: New street byelaws Requirements and prohibitions as to new streets Enforcement of byelaws
Part 11: Making up of private streets Part 11 includes sections 203 to 237 of the act. The legislation contained in these sections covers: The private street works code The advance payments code General powers relating to private streets
Part 12: Acquisition, vesting and transfer of land Part 12 includes sections 238 to 271 of the act. The legislation contained in these sections covers: Acquisition of land for highway works Compensation relating to compulsory acquisition of land Vesting of land Transfer of property and liability when the status of a highway changes
Part 13: Financial provisions Part 13 includes sections 272 to 281 of the act. The legislation contained in these sections covers: Various rules on financial transactions relating to highways
Section 278 A Section 278 Agreement allows private developers to either fund or complete works to public highways outside or beyond the development site itself, such as traffic calming and capacity improvements.Kent County Council - Kent Design Guide https://www.kent.gov.uk/__data/assets/pdf_file/0007/13021/Making-it-Happen-J4-Technical-Assessment-and-Adoption-Section-278-agreement.pdf The document is signed by the local highway authority and the developer to ensure that works are completed to the highway authority's satisfaction.
Part 14: Miscellaneous and supplementary powers Part 14 includes sections 282 to 345 of the act. The legislation contained in these sections covers: Various supplementary powers including – but not limited to: Inquiries Disputes over compensation Prosecutions and appeals Regulations, schemes and orders
Repealed enactments Section 343(3) of the act repealed 37 enactments, listed in schedule 25 to the act.
CitationShort titleExtent of repeal7 & 8 Eliz. 2. c. 25Highways Act 1959The whole act.7 & 8 Eliz. 2. c. 53Town and Country Planning Act 1959Sections 48 and 49.8 & 9 Eliz. 2. c. 63Road Traffic and Roads Improvement Act 1960Sections 18 to 20. Section 23(1).9 & 10 Eliz. 2. c. 24Private Street Works Act 1961The whole act.9 & 10 Eliz. 2. c. 63Highways (Miscellaneous Provisions) Act 1961The whole act.9 & 10 Eliz. 2. c. 64Public Health Act 1961Sections 43 and 44. Sections 46 to 50. In Schedule 1, in Part III, the entries relating to the Highways Act 1959.10 & 11 Eliz. 2. c. 46Transport Act 1962In Schedule 2, in Part I, the entries relating to the Highways Act 1959.10 & 11 Eliz. 2. c. 58Pipelines Act 1962Section 19.1963 c. 33London Government Act 1963Section 14(1) to (4). Sections 16 to 18. In Schedule 5, in Part II, paragraphs 6 to 8. Schedule 6. In Schedule 9, in Part II, in paragraph 5, the words from "and" to the end. In Schedule 11, in Part I, paragraph 37.1965 c. 24Severn Bridge Tolls Act 1965In section 22(2) the words "(whether before or after the passing of this Act)".1965 c. 30Highways (Amendment) Act 1965The whole act.1965 c. 56Compulsory Purchase Act 1965In Schedule 6, the entry relating to the Highways Act 1959.1965 c. 59New Towns Act 1965Section 48(3).1966 c. 42Local Government Act 1966Part III.1967 c. 76Road Traffic Regulation Act 1967In Schedule 6, the entry relating to section 14(2) of the London Government Act 1963.1967 c. 80Criminal Justice Act 1967In Schedule 3, the entries relating to the Highways Act 1959.1968 c. 13National Loans Act 1968In section 6(1), the words "section 198(2) of the Highways Act 1959".1968 c. 41Countryside Act 1968Sections 28 and 29. Section 47(5). In Schedule 3, in Part I, the entries relating to the Highways Act 1959.1968 c. 72Town and Country Planning Act 1968In Schedule 9, paragraph 9.1968 c. 73Transport Act 1968Section 130(6)(e). In section 139(1), in paragraph (a), the words "section 215(2)(c) of the Highways Act 1959 or", in paragraph (b), the words "section 180, 188 or 189 of the Town and Country Planning Act 1971 or" and "215(2)(c) or", and in paragraph (c) the words "section 193 of the said Act of 1971 or" and "section 196 of the said Act of 1971 or, as the case may be," and "215(2)(c) or". In section 139(2), in the definition of "relevant planning permission", the words "section 15 or 16 of the Land Compensation Act 1961 or", in the definition of "service area development" the words "the said section 215(2)(c) or", and (in the concluding part of the subsection) the words "1961 or" and "as respects England and Wales, as in the said Act of 1961 and,". Section 140. In Schedule 16, paragraph 7(2)(f).1969 c. 35Transport (London) Act 1969Sections 29 and 31. Section 34(1).1969 c. 48Post Office Act 1969In Schedule 4, paragraphs 65 and 69 and paragraph 93(1)(xv).1971 c. 23Courts Act 1971In Schedule 8, in Part II, paragraph 36. In Schedule 9, in Parts I and II, the entries relating to the Highways Act 1959.1971 c. 41Highways Act 1971The whole act.1971 c. 75Civil Aviation Act 1971In Schedule 5, paragraph 5(m) and (ee).1971 c. 78Town and Country Planning Act 1971In section 16, paragraph (c). In Schedule 23, in Part II, the entries relating to the Highways Act 1959, the Highways Act 1971 and section 139(1) of the Transport Act 1968.1972 c. 60Gas Act 1972In Schedule 4, in paragraph 1(6) the words "section 15 of the Highways Act 1959 and".1972 c. 70Local Government Act 1972Section 187(1), (2), (3)(b) and (4) to (8). Section 188. Schedule 20. In Schedule 21, Part I and, in Part II, paragraphs 99 and 100.1973 c. 26Land Compensation Act 1973Section 20(10). Sections 22 to 25. Section 74(1)(a). Section 78(5). Section 87(3).1973 c. 37Water Act 1973In Schedule 8, paragraphs 70 and 71.1974 c. 7Local Government Act 1974In section 6(8) the words "the Highways Act 1959 and". Section 40. In Schedule 1, in Part II, in paragraph 6, paragraph (a) and the words "paragraph (a)". In Schedule 6, entry number 12. In Schedule 7, paragraph 2.1975 c. 76Local Land Charges Act 1975In Schedule 1, the entries relating to the Highways Act 1959 and the Highways Act 1971.1976 c. 37Local Government (Miscellaneous Provisions) Act 1976Sections 1 to 6. In section 44(1) in the definition of "statutory undertakers" the words from "and except" to "highways)". In Schedule 2, the entries relating to the Highways Act 1959 and the Highways (Miscellaneous Provisions) Act 1961.1976 c. 70Land Drainage Act 1976In Schedule 7, paragraphs 2 and 7.1977 c. 45Criminal Law Act 1977In Schedule 6, the entry relating to the Highways Act 1959.1980 c. 43Magistrates' Courts Act 1980In Schedule 7, paragraph 29.1980 c. 65Local Government, Planning and Land Act 1980In Schedule 7, paragraphs 1(2), 2(1), (2)(b), (3) and (4), 3(1), (3) and 5.
Schedules The act contains 26 schedules.
See also Highway Act Highways in England and Wales
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