ukpga/1980/66 — Highways Act 1980

Highways Act 1980 1980 c.66 An Act to consolidate the Highways Acts 1959 to 1971 and related enactments, with amendments to give effect to recommendations of the Law Commission. [13th November 1980] Part I Highway Authorities and Agreements Between Authorities Highway authorities Highway authorities: general provision. 1 1 The Minister is , subject to subsection (1A), the highway authority for— a any highway which is a trunk road; aa any special road provided by him; b any highway as respects which an order made by him under any enactment expressly provides that he is to be the highway authority for it but does not direct that the highway is to be a trunk road; c any highway (not falling within paragraph (a) above) transferred to him by an order under section 14 or 18 below; d any other highway being a highway constructed by him, except where by virtue of section 2, 4(3) or 5(2) below or by virtue of some other enactment a local highway authority are the highway authority for it or where by means of an order made under section 14 or 18 below the highway is transferred to a local highway authority. e any highway for which he becomes the highway authority by virtue of section 2 of the Infrastructure Act 2015. 1A A strategic highways company is the highway authority for— a any highway specified in the appointment of the company in accordance with Part 1 of the Infrastructure Act 2015; b any highway that is directed to become a trunk road and for which that company is directed to be highway authority under section 10; c any special road provided by the company; d any highway for which an order made under any enactment expressly provides for that company to be the highway authority; e any highway transferred to the company by an order under section 14 or 18; f any other highway constructed by the company except where— i by virtue of section 4(3) or 5(2) or some other enactment, a local highway authority is the highway authority for it; or ii by means of an order under section 14 or 18 the highway is transferred to a local highway authority. Paragraphs (a), (b) and (f) do not apply where a local highway authority becomes the highway authority by virtue of section 2. 2 Outside Greater London the council of a county or metropolitan district are the highway authority for all highways in the county or, as the case may be, the district , whether or not maintainable at the public expense, which are not highways for which under subsection (1) or (1A) above the Minister or a strategic highways company is the highway authority. 2A Transport for London is the highway authority for all GLA roads. 3 The council of a London borough or the Common Council are the highway authority for all highways in the borough or, as the case may be, in the City, whether or not maintainable at the public expense, which are not for the time being GLA roads or . . . highways for which under subsection (1) or (1A) above the Minister or a strategic highways company is the highway authority. 3A In Wales the council of a county or county borough are the highway authority for all highways in the county or, as the case may be, the county borough, whether or not maintainable at the public expense, which are not highways for which the Minister is the highway authority under subsection (1) above. 4 Subsection (2) above is subject, as respects any highway outside Greater London for which the Minister or a strategic highways company is not the highway authority under subsection (1) or (1A) above, to any provision of this Act, or of any order made under this or any other Act, by virtue of which a council other than the council of the county or, as the case may be, the metropolitan district in which the highway is situated are the highway authority therefor. 5 Subsection (3A) above is subject to any provision of this Act, or of any order made under this or any other Act, by virtue of which a council other than the Welsh council for the area in which the highway is situated are the highway authority. Highway authority for road which ceases to be a trunk road. 2 (1) Where an order made under section 10 below directs that a trunk road shall cease to be a trunk road, then, as from the date specified in that behalf in the order, the following authority, that is to say— a where the road is situated outside Greater London, the council of the county or metropolitan district , and b where the road is situated in Greater London, Transport for London, shall become the highway authority for the road. 2 In the case of a special road provided by the Minister or by a strategic highways company , subsection (1) above has effect subject to any provision of the order directing that the Minister or the company shall continue to be the highway authority for the road. 3 Where Transport for London becomes the highway authority for a road by virtue of subsection (1) above, the road shall become a GLA road. Highway authority for approaches to and parts of certain bridges. 3 1 Where a bridge carries a highway for which the Minister or a strategic highways company is not the highway authority and part of the bridge is situated in one county and part in another the highway authority for the highway carried by the bridge and the approaches thereto is such one of the councils of those counties as may be agreed between them before such a day as the Minister may by order made by statutory instrument appoint or, in default of such agreement, as may be determined by the Minister. 2 Where the Minister has made a determination under subsection (1) above the determination— a may be varied at the request of the council of either of the counties concerned; and b shall be varied to give effect to any request made jointly to the Minister by those councils; and any such variation shall take effect on the 1st April falling not less than 3 months, and not more than 15 months, after the date on which the determination is varied. 3 Where a bridge carries a highway for which the Minister or a strategic highways company is not the highway authority and subsection (1) above does not apply, but some part of one or more of the approaches to the bridge lies in a county different from the bridge itself, the highway authority for the whole of that approach or those approaches is the council of the county in which the bridge is situated. 4 For the purposes of this section, the approaches to a bridge consist of so much of the highway or highways on either side of the bridge as is situated within 100 yards of either end of the bridge. Agreements between authorities Agreement for exercise by Minister or strategic highways company of certain functions of local highway authority as respects highway affected by construction, etc. of trunk road. 4 1 The Minister or a strategic highways company, whichever is the highway authority for a trunk road (“ the trunk road authority ”) and a local highway authority may enter into an agreement for providing, in relation to a highway specified in the agreement, being a highway that crosses or enters the route of that trunk road or is or will be otherwise affected by the construction or improvement of that trunk road , that any functions specified in the agreement, being functions of improvement exercisable as respects that highway by the local highway authority, shall be exercisable by the trunk road authority on such terms and subject to such conditions (if any) as may be so specified. 2 Where under an agreement made under this section any function of a local highway authority is exercisable by the trunk road authority , then, for the purpose of exercising that function the trunk road authority shall have the same powers under this Act (including highway land acquisition powers) as the local highway authority have for that purpose, and in exercising that function and those powers the trunk road authority shall have the like rights and be subject to the like liabilities as that authority. 3 Where for purposes connected with any function exercisable ... under an agreement made under this section the trunk road authority proposes to construct a new highway, every council (other than the council of a non-metropolitan district) in whose area the proposed highway is situated shall be a party to the agreement and the agreement shall provide for a local highway authority specified in the agreement to become the highway authority for the highway on its completion. 4 An agreement under this section made between the trunk road authority and any other highway authority may provide for the payment of contributions— a by the trunk road authority to that other authority in respect of any additional liabilities imposed on that other authority in consequence of the provisions of the agreement; b to the trunk road authority by that other authority in respect of liabilities so imposed on the trunk road authority , being liabilities which would otherwise have fallen to be discharged by that other authority; and may also provide for the determination by arbitration of disputes as to the payment of such contributions. 5 Any local highway authority who are a party to an agreement made under this section may contribute towards any expenses incurred by the trunk road authority in executing any works to which the agreement relates. Agreement for local highway authority to maintain and improve certain highways constructed or to be constructed by Minister or strategic highways company . 5 1 The local highway authority may by agreement with the Minister or a strategic highways company undertake the maintenance and improvement of a highway in the local highway authority's area, being a highway (other than a trunk road) which the Minister or the company proposes to construct or has, whether before or after the commencement of this Act, constructed. 2 Where an agreement is made under this section the council who are a party to the agreement shall, on such date as may be provided by the agreement, become the highway authority for the highway to which the agreement relates. Delegation etc. of functions with respect to trunk roads. 6 1 The Minister or a strategic highways company may by agreement with a combined authority, a combined county authority, a county council, a metropolitan district council , or a London borough council delegate to that authority or council all or any of his 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 or it in connection with a trunk road under section 239(2) or (4) or section 246 below;. . . 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. 1A The Minister 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 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 that council's area but within a metropolitan district except after consultation with the council of that district. 1B The Minister 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 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 An authority or council shall, in the exercise of any functions delegated to them under subsection (1) above, act as agents for the Minister or a strategic highways company and in accordance with such conditions as 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 the authority or council in the discharge of the delegated functions shall be subject to the approval of the Minister or a strategic highways company ; b that the authority or council shall comply with any requirement of the Minister 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 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 or a strategic highways company . 3 If at any time the Minister 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 or the company may give notice to 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 or a strategic highways company may do anything that seems to him or the company necessary to place the road or land in proper repair and condition. 4 A delegation to an authority or council under subsection (1) above may be determined by notice given by the Minister or a strategic highways company to 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 the authority or council to the Minister 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 or a strategic highways company may enter into an agreement with a combined authority, a combined county authority, a county council, a metropolitan district council or a London borough council— a for the construction of a trunk road, or b for the carrying out by 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 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 such authority or council and to the conditions to be attached to any such delegation. 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 or a strategic highways company to a county council under subsection (1) above, or b the Minister or a strategic highways company has entered into an agreement with a county council under subsection (5) above, the county council (the “ responsible council ”) may, with the consent of the Minister or a strategic highways company , enter into arrangements with a 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;. . . 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. 6A No arrangements shall be entered into under subsection (6) or (6ZA) above for the carrying out by a 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. 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 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 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 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 or a strategic highways company except in accordance 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. 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— in relation to a combined authority— a county council the whole or any part of whose area is within the area of the authority, or a district council whose area is within the area of the authority; in relation to a combined county authority— a county council for an area within the area of the authority, or 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 county council, or a unitary district council. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Agreements between local highway authorities and strategic highways companies for doing of certain works. 8 1 Subject to the provisions of this section, local highway authorities , combined authorities, combined county authorities and strategic highways companies may enter into agreements with other 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. 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 , 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 or a combined authority or combined county authority , then, for the purpose of exercising that function that other 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 (other than one in Wales) may not enter into an agreement under this section with the council of another county or county borough unless their areas adjoin each other ; 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 or 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 or, as the case may be, county borough adjoin each other. . 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. 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. Seconding of staff etc. 9 1 A council may enter into an agreement with the Minister or a strategic highways company for placing at his or the company's disposal for the purposes of his or the company's functions relating to highways, on such terms as may be provided by the agreement, the services of persons employed by the council and any premises, equipment and other facilities under the control of the council. 2 For superannuation purposes service rendered by a person whose services are placed at the disposal of the Minister or a strategic highways company in pursuance of this section is service rendered to the council by whom that person is employed. Part II Trunk Roads, Classified Roads, Metropolitan Roads, Special Roads Trunk roads General provision as to trunk roads. 10 1 Subject to the provisions of this section, all such highways and proposed highways as immediately before the commencement of this Act were trunk roads within the meaning of the Highways Act 1959 continue to be, and to be known as, trunk roads. 2 The Minister shall keep under review the national system of routes for through traffic in England and Wales, and if he is satisfied after taking into consideration the requirements of local and national planning, including the requirements of agriculture, that it is expedient for the purpose of extending, improving or reorganising that system either— a that any highway or any proposed highway— i to be constructed by the Minister or a strategic highways company , or ii in relation to which the Minister has entered or proposes to enter into an agreement under section 38(3A), should become a trunk road, or b that any trunk road should cease to be a trunk road, he may by order direct that that highway or proposed highway shall become, or, as the case may be, that that road shall cease to be, a trunk road as from such date as may be specified in that behalf in the order. 2A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 The power of the Minister under subsection (2) to direct that a highway or proposed highway shall become a trunk road shall include power to direct that a highway or proposed highway which he considers suitable for the purpose of relieving a main carriageway of the trunk road from local traffic shall become part of the trunk road, whether or not the highway or proposed highway is separated from the remainder of the road by intervening land. 3A The power under subsection (2) to direct that a highway or proposed highway become a trunk road includes the power to direct that a strategic highways company is the highway authority for that trunk road. 4 . . . a . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . b . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . the power under subsection (2) to direct that a proposed highway shall become a trunk road may be exercised in relation to any cycle track or footpath proposed to be constructed . . . on land separated by intervening land from the trunk road in connection with which it is to be used. 4A A strategic highways company may by order direct— a that a highway for which the company is the highway authority is to become a trunk road, b in relation to a highway in the company’s area for which the company is not the highway authority, that— i the highway is to become a trunk road, and ii the company is to become the highway authority for it, or c that a trunk road for which the company is the highway authority is to cease to be a trunk road. 4B In subsection (4A)(b)— a the reference to the company’s area is to the area in respect of which it was appointed (see section 2(1) of the Infrastructure Act 2015), and b the reference to a highway for which the company is not the highway authority includes a proposed highway to be constructed by the company. 4C A strategic highways company may make an order under subsection (4A) only if it is satisfied that the order is expedient for the purpose of extending, improving or reorganising the national system of routes for through traffic in England and Wales. 4D A strategic highways company may be satisfied as mentioned in subsection (4C) only after taking into consideration the requirements of local and national planning, including the requirements of agriculture. 4E An order under subsection (4A)— a must specify the date on which it takes effect, and b must be confirmed by the Secretary of State. 4F Subsections (3) and (4) apply in relation to the power in subsection (4A) as they apply in relation to the power in subsection (2). 4G The powers in this section are subject to section 33(4) of the Planning Act 2008 (exclusion of powers to make or confirm orders in relation to highways for which development consent required). 5 Parts I and III of Schedule 1 to this Act have effect as to the making of an order under this section; and Schedule 2 to this Act has effect as to the validity and date of operation of any such order. 6 If objection to an order proposed to be made under this section is duly made in accordance with Part I of Schedule 1 to this Act by a council who are responsible for the maintenance of a highway to which the order relates, or who will become so responsible by virtue of the order, and is not withdrawn, the order shall be subject to special parliamentary procedure. 7 If an order under this section directing that a proposed highway shall become a trunk road is revoked or varied by a subsequent order made at any time before the date on which the highway is opened for the purposes of through traffic, the revoking or varying order shall not be deemed for the purposes of section 2 above to be an order directing that a trunk road shall cease to be a trunk road. 8 In addition to the case where a trunk road ceases to be a trunk road by virtue of an order made under this section, a trunk road shall cease to be a trunk road if the road is transferred from the Minister or a strategic highways company to some other highway authority to become part of a special road provided by that authority. 9 No highway which is within the City shall be, or become, a trunk road, and without prejudice to the generality of the foregoing provision, none of the following bridges, that is to say, Blackfriars Bridge, London Bridge, Southwark Bridge and Tower Bridge, and no highway carried by any of those bridges, shall be, or become, a trunk road. Local and private Act functions with respect to trunk roads. 11 1 As from the date when a highway becomes a trunk road, any functions of construction, maintenance or improvement exercisable as respects that highway by a council under a local or private Act are to be deemed to have become exercisable by the Minister alone or a strategic highways company alone, whichever is highway authority for the trunk road (“ the trunk road authority ”), and while the highway remains a trunk road they shall continue to be so exercisable. 2 Where the Minister is satisfied that there has been conferred on a council by a local or private Act a function substantially similar to one conferred by a provision of this Act specified in Schedule 3 to this Act, he may, after consultation with the council, by order direct that, in relation to a trunk road, the function conferred by the local or private Act is to be exercisable in accordance with the following conditions: a where the provision of the local or private Act is similar to a provision of this Act specified in Part I of the said Schedule 3, that it is to be exercisable by the trunk road authority only; b where the provision of the local or private Act is similar to a provision of this Act specified in Part II of the said Schedule, that, in so far as it is exercisable by a council, it is to be exercisable by that council. . . , as well as by the trunk road authority ; c where the provision of the local or private Act is similar to a provision of this Act specified in Part III of the said Schedule, that, in so far as it is exercisable by a council, it is to be exercisable by that council with the consent of the trunk road authority . . . , as well as by the trunk road authority . 3 Where the Minister makes an order under this section in relation to a function conferred by a provision of a local or private Act, and the provision of this Act by which a function substantially similar to the first-mentioned function is conferred is, in relation to a trunk road, subject to any modification, the provision of the local or private Act shall, in relation to a trunk road, be subject to a similar modification, and the Minister may by the same order specify the modification to which the provision of the local or private Act is accordingly to be subject. Classified roads General provision as to principal and classified roads. 12 1 Subject to subsection (3) below, all such highways or proposed highways as immediately before the commencement of this Act— a were principal roads for the purposes of any enactment or instrument which refers to roads or highways classified by the Minister as principal roads, either by virtue of having been so classified under section 27(2) of the Local Government Act 1966 (which is replaced by subsection (3) below), or by virtue of being treated as such in accordance with section 40(1) of the Local Government Act 1974, b were (whether or not they also fall within paragraph (a) above) classified roads for the purposes of any enactment or instrument which refers to roads classified by the Minister (but does not specifically refer to their classification as principal roads), either by virtue of having been so classified under section 27(2) of the said Act of 1966, or by virtue of being treated as such in accordance with section 40(1) of the said Act of 1974, or c were classified roads for the purposes of any enactment or instrument by virtue of being treated as such in accordance with section 27(4) of the said Act of 1966, continue to be, and to be known as, principal roads or, as the case may be, classified roads (or both principal roads and classified roads of a category other than principal roads, in the case of highways falling within both paragraph (a) and paragraph (b) above) for the purposes specified in subsection (2) below. 2 So far as a highway that continues to be a principal or classified road in accordance with subsection (1) above was, immediately before the commencement of this Act, a classified road for the purposes of any enactment repealed and replaced by this Act, it is a classified road for the purposes of the corresponding provision of this Act; and so far as any such highway was immediately before the commencement of this Act a principal or classified road for the purposes of any other enactment, or any instrument, it so continues for the purposes of that enactment or instrument. 3 The Minister may for the purposes of— a any provision of this Act which refers to classified roads, or b any other enactment or any instrument (whether passed or made before or after the passing of this Act) which refers to highways classified by the Minister, classify highways or proposed highways, being highways or proposed highways for which local highway authorities are the highway authorities, in such manner as he may from time to time determine after consultation with the highway authorities concerned. 4 References in any provision hereafter contained in this Act to classified roads are references to— a any highway or proposed highway that for the time being is a classified road for the purposes of that provision by virtue of subsections (1) and (2) above; b any highway or proposed highway that for the time being is classified under subsection (3) above for the purposes of that provision, or for the purposes of enactments that include that provision; and c any highway or proposed highway that for the time being is classified under subsection (3) above as a principal road for the purposes of any enactment or instrument which refers to roads or highways classified by the Minister as principal roads. Power to change designation of principal roads. 13 1 The Minister may by order assign some other description to the highways which for the time being are principal roads for the purposes of any enactment or instrument (whether by virtue of section 12(1) and (2) above, or by virtue of having been so classified under section 12(3) above, or otherwise). 2 If an order is made under subsection (1) above, then, except in so far as the order otherwise provides, any reference to a principal road in any enactment or instrument passed or made before the order is made (including an enactment in this Act) is to be construed as a reference to a highway of the description specified in the order. 3 Nothing in subsection (1) above affects the power of the Minister under section 12(3) above to classify highways or proposed highways in such manner as he may determine after consultation with the highway authority concerned. Powers as respects roads that cross or join trunk roads or classified roads Powers as respects roads that cross or join trunk or classified roads. 14 1 Provision may be made by an order under this section in relation to a trunk road or a classified road, not being, in either case, a special road, for any of the following purposes:— a for authorising the highway authority for the road— i to stop up, divert, improve, raise, lower or otherwise alter a highway that crosses or enters the route of the road or is or will be otherwise affected by the construction or improvement of the road; ii to construct a new highway for purposes concerned with any such alteration as aforesaid or for any other purpose connected with the road or its construction, and to close after such period as may be specified in the order any new highway so constructed for temporary purposes; b for transferring to such other highway authority as may be specified in the order, as from such date as may be so specified, a highway constructed by the highway authority in pursuance of the order or any previous order made under this section; c for any other purpose incidental to the purposes aforesaid; and references in this section, with respect to an order made thereunder, to “ the road ” and “ the highway authority ” are references to, respectively, the trunk road or, as the case may be, classified road to which the order relates and the highway authority for that road. 1A Subsection (1) is subject to section 33(4) of the Planning Act 2008 (exclusion of powers to make or confirm orders in relation to highways for which development consent required) and section 20(3) of the Infrastructure (Wales) Act 2024 (exclusion of powers to make or confirm orders in relation to highways for which infrastructure consent required) . 2 The provision that may be made pursuant to subsection (1)(c) above in an order under this section that provides for the stopping up or diversion of a highway, includes provision for the preservation of any rights— a of statutory undertakers in respect of any apparatus of theirs which immediately before the date of the order is under, in, on, over, along or across the highway to be stopped up or diverted; . . . b . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 An order under this section— a in relation to a trunk road for which he is the highway authority shall be made by the Minister, and b in any other case shall be made by the highway authority and confirmed by the Minister. 4 Parts I and III of Schedule 1 to this Act have effect as to the making of an order under this section; and Schedule 2 to this Act has effect as to the validity and date of operation of any such order. 5 Subject to subsection (4) above, an order under this section relating to a trunk road may come into operation on the same day as the order under section 10 above relating to that road. 6 No order under this section authorising the stopping up of a highway shall be made or confirmed by the Minister unless he is satisfied that another reasonably convenient route is available or will be provided before the highway is stopped up. 7 An order under this section may provide for the payment of contributions— a by the highway authority to any other highway authority in respect of any additional liabilities imposed on that other authority in consequence of the order or of any previous order made under this section; b to the highway authority by any other highway authority in respect of any liabilities so imposed on the first-mentioned authority that would otherwise have fallen to be discharged by that other authority; and may also provide for the determination by arbitration of disputes as to the payment of such contributions. GLA roads Designation of first GLA roads by Secretary of State. 14A 1 The Secretary of State may by order designate highways or proposed highways as highways which are to be GLA roads. 2 Any highway or proposed highway so designated— a shall become a GLA road, and b if it is a trunk road or other highway for which the Secretary of State is the highway authority, shall accordingly cease to be such a road or highway, on such date as may be specified in that behalf in the order. 3 Orders under this section may be made or amended at any time before the beginning of the term of office of the first Mayor of London. Orders of the Authority changing what are GLA roads. 14B 1 The Mayor of London shall keep under review the system of highways and proposed highways in Greater London and the allocation of responsibility for that system between the different local highway authorities. 2 If the Mayor of London considers it expedient that— a any highway or proposed highway in Greater London, other than a trunk road, should become a GLA road, or b that any GLA road should cease to be such a road and should become a road for which the highway authority is a London borough council or the Common Council, the Greater London Authority may by order direct that that highway or proposed highway shall become, or (as the case may be) that that road shall cease to be, a GLA road as from such date as may be specified in that behalf in the order. 3 Where an order under subsection (2) above directs that a highway or proposed highway shall become a GLA road, it shall become such a road as from the date specified in that behalf in the order. 4 Where an order under subsection (2) above directs that a GLA road shall cease to be such a road, then, as from the date specified in that behalf in the order, the road shall cease to be a GLA road and the following authority, that is to say— a where the road is situated in a London borough, the council for the London borough, and b where the road is situated in the City, the Common Council, shall become the highway authority for the road. 5 An order under this section shall be of no effect unless— a it is made with the consent of the relevant highway authority; or b if that consent is refused, it is confirmed (with or without modification) by the Secretary of State. 6 For the purposes of subsection (5) above, the relevant highway authority is— a in the case of an order directing that a highway or proposed highway shall become a GLA road, the authority which is the highway authority for the highway or proposed highway; and b in the case of an order directing that a GLA road shall cease to be such a road, the authority which will become the highway authority for the road in consequence of the order. Certification and records of GLA roads. 14C 1 A certificate by or on behalf of Transport for London that any highway or proposed highway is, or is not, for the time being a GLA road shall be evidence of the facts stated in the certificate. 2 A certificate under subsection (1) above may describe the highway or proposed highway in question by reference to a map. 3 Transport for London shall prepare and maintain a record of the highways which are for the time being GLA roads. 4 The record required to be prepared and maintained under subsection (3) above may consist of— a a list; b a map; or c a list and a map. 5 Transport for London shall deposit a copy of that record with the Greater London Authority, each of the London borough councils and the Common Council. 6 Transport for London, and the Greater London Authority, each of the London borough councils and the Common Council, shall make the record, or (as the case may be) the copies of the record deposited with them, available for inspection by the public at all reasonable hours. Construction of provisions relating to GLA roads. 14D 1 Any reference in any provision of this Act or any other enactment to a GLA road shall be construed as a reference to a highway or proposed highway in Greater London which is for the time being a GLA road by virtue of— a section 2(3) above; b an order made by the Secretary of State under section 14A above; or c an order made under section 14B above by the Greater London Authority. 2 The functions conferred or imposed on the Greater London Authority in relation to GLA roads shall be functions of the Authority which are exercisable by the Mayor of London acting on behalf of the Authority. 3 Subsection (2) above does not apply in relation to any function expressly conferred or imposed on the London Assembly. Metropolitan roads . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 Special roads General provision as to special roads. 16 1 Subject to the provisions of this Act, all such highways or proposed highways as immediately before the commencement of this Act were special roads, as being highways or proposed highways provided, or to be provided, in pursuance of a scheme made, or having effect as if made, under section 11 of the Highways Act 1959 (which section is replaced by subsections (3) to (10) below), continue to be, and to be known as, special roads. 2 Roads that continue to be special roads by virtue of subsection (1) above continue, subject to the provisions of this Act, to be special roads for the use of traffic of the classes for the use of which they were special roads immediately before the commencement of this Act. 3 A highway authority may be authorised by means of a scheme under this section to provide, along a route prescribed by the scheme, a special road for the use of traffic of any class prescribed thereby. 3A Subsection (3) is subject to section 33(4) of the Planning Act 2008 (exclusion of powers to make or confirm schemes in relation to highways for which development consent required) and section 20(3) of the Infrastructure (Wales) Act 2024 (exclusion of powers to make or confirm orders in relation to highways for which infrastructure consent required) . 4 A reference in this Act to a special road authority is a reference to— a except where paragraph (b) or (c) applies, a highway authority authorised to provide a special road by means of— i a scheme under this section, or ii a scheme referred to in subsection (1); b except where paragraph (c) applies, the highway authority determined to be the special road authority by a jointly submitted scheme under subsection (10); c a strategic highways company, where the company is the highway authority for a special road by virtue of an appointment under Part 1 of the Infrastructure Act 2015. 5 A special road authorised by a scheme under this section may be provided— a by means of the construction by the special road authority of a new highway along the route prescribed by the scheme or any part thereof; b by means of the appropriation under subsequent provisions in that behalf of this Part of this Act of a highway comprised in that route for which the special road authority are the highway authority; c by means of the transfer to the special road authority under subsequent provisions in that behalf of this Part of this Act of a highway comprised in that route for which they are not the highway authority. 6 A scheme under this section authorising the provision of a special road shall— a in the case of a road to be provided by the Minister, be made by the Minister; and b in any other case of a road to be provided by a ... highway authority, be made by that authority and confirmed by the Minister. 7 Parts II and III of Schedule 1 to this Act have effect as to the making of a scheme under this section; and Schedule 2 to this Act has effect as to the validity and date of operation of any such scheme. 8 Before making or confirming a scheme under this section, the Minister shall give due consideration to the requirements of local and national planning, including the requirements of agriculture. 9 If objection to a scheme under this section is duly made in accordance with Part II of the said Schedule 1 by the highway authority for a highway comprised in the route of the special road authorised by the scheme, and is not withdrawn, the scheme shall be subject to special parliamentary procedure. 10 A scheme under this section may be submitted to the Minister jointly by any two or more ... highway authorities, and any such scheme may determine which of those authorities shall be the special road authority for the special road or any part thereof, and may provide— a for the performance by that authority, in relation to the road or that part thereof, of any of the highway functions of any other authority who are party to the application, and b for the making of contributions by that other authority to the special road authority in respect of expenditure incurred in the performance of those functions; and in relation to a special road provided or to be provided in pursuance of such a scheme, or any part of such a road .... Classification of traffic for purposes of special roads. 17 1 Different classes of traffic may be prescribed by a scheme under section 16 above in relation to different parts of the special road to which the scheme relates. 2 The classes of traffic prescribed by any such scheme shall be prescribed by reference to the classes set out in Schedule 4 to this Act. 3 The Minister of Transport may by order amend the said Schedule 4 by varying the composition of any class of traffic specified therein or adding a further class of traffic to those so specified, . . . 4 An amending order may contain provision applying the amendments made by the order to existing schemes (whether made by the Minister or a local highway authority); and in the absence of such provision an amending order does not affect the classes of traffic prescribed in an existing scheme. In this subsection an “ existing scheme ” means a scheme under section 16 made before the order comes into operation. Supplementary orders relating to special roads. 18 1 Provision in relation to a special road may be made by an order under this section for any of the following purposes:— a for appropriating as, or as part of, the special road, as from such date as may be specified in the order, a highway which is comprised in the route prescribed by the scheme authorising the special road and which is a highway for which the special road authority are the highway authority; b for transferring to the special road authority, as from such date as may be specified in the order, a highway which is comprised in the route prescribed by the scheme authorising the special road and which is a highway for which they are not the highway authority; c for authorising the special road authority— i to stop up, divert, improve, raise, lower or otherwise alter a highway that crosses or enters the route of the special road or is or will be otherwise affected by the construction or improvement of the special road; ii to construct a new highway for purposes connected with any such alteration as aforesaid or for any other purpose connected with the special road or its construction, and to close after such period as may be specified in the order any new highway so constructed for temporary purposes; d for transferring to such highway authority as may be specified in the order, as from such date as may be so specified, a highway constructed by the special road authority in pursuance of the order or any previous order made under this section; e for authorising or requiring the special road authority to exercise, either concurrently with or to the exclusion of any local authority, any functions which, apart from the order, would be exercisable by that local authority in relation to the special road other than functions of that authority as local planning authority; f for any other purpose incidental to the purposes aforesaid or otherwise incidental to the construction or maintenance of, or other dealing with, the special road. 1A Subsection (1) is subject to section 33(4) of the Planning Act 2008 (exclusion of powers to make or confirm orders in relation to highways for which development consent required) and section 20(3) of the Infrastructure (Wales) Act 2024 (exclusion of powers to make or confirm orders in relation to highways for which infrastructure consent required) . 2 The provision that may be made pursuant to subsection (1)(f) above in an order under this section that provides for the stopping up or diversion of a highway, includes provision for the preservation of any rights— a of statutory undertakers in respect of any apparatus of theirs which immediately before the date of the order is under, in, on, over, along or across the highway to be stopped up or diverted; . . . b . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 An order under this section making provision in connection with a special road shall— a in the case of a special road provided or to be provided by the Minister be made by the Minister; and b in any other case of a special road provided or to be provided by a ... highway authority, be made by that authority and confirmed by the Minister. 4 Parts I and III of Schedule 1 to this Act have effect as to the making of an order under this section; and Schedule 2 to this Act has effect as to the validity and date of operation of any such order. 5 Subject to subsection (4) above, an order under this section may come into operation on the same day as the scheme authorising the special road to which it relates. 6 No order providing for the appropriation by or transfer to a special road authority of a highway comprised in the route prescribed by the scheme authorising the special road shall be made or confirmed by the Minister under this section unless either— a he is satisfied that another reasonably convenient route is available for traffic other than traffic of the class authorised by the scheme, or will be provided before the date on which the appropriation or transfer takes effect, or b he is satisfied that no such other route is reasonably required for any such other traffic; and no order authorising the stopping up of a highway shall be made or confirmed by the Minister under this section unless he is satisfied that another reasonably convenient route is available or will be provided before the highway is stopped up. 7 An order under this section may provide for the payment of contributions— a by a special road authority to any other highway authority in respect of any additional liabilities imposed on that other authority in consequence of the provisions of the order or of any previous order made under this section, b to a special road authority by any other authority in respect of any liabilities so imposed on the special road authority that would otherwise have fallen to be discharged by the other authority, and may also provide for the determination by arbitration of disputes as to the payment of such contributions. 8 In this section “ local authority ” means . . . the Common Council and the council of a county, district, London borough, parish or community, and includes the parish meeting of a . . . parish not having a separate parish council. Certain special roads and other highways to become trunk roads. 19 1 A special road to be provided by the Minister or a strategic highways company in pursuance of a scheme under section 16 above shall, except so far as it is provided by means of the appropriation or transfer of a highway, become a trunk road on such date as may be specified in the scheme. 2 A highway (not being a trunk road) which, by means of an order under section 18 above, is appropriated as, or as part of, a special road to be provided by the Minister or a strategic highways company , and a highway which, by means of such an order, is transferred to the Minister or a strategic highways company , shall become a trunk road on the date on which it is so appropriated or is so transferred, as the case may be. 3 Subsections (1) and (2) above have effect subject to any provision of the scheme under section 16 directing that the special road in question or any part of it shall not be a trunk road. Any such provision does not affect the power of the Minister to make an order under section 10(2)(a) with respect to the special road or part. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20 Ancillary matters with respect to orders under section 14 or 18 and schemes under section 16 Extinguishment of rights of statutory undertakers as to apparatus etc. in connection with orders under section 14 or 18 and schemes under section 16. 21 1 . . . sections 271 to 274 of the Town and Country Planning Act 1990 , (power to extinguish rights of statutory undertakers and power of statutory undertakers to remove or re-site apparatus) apply in relation to any land specified in subsection (2) below as they apply in relation to land acquired by a Minister, a local authority or statutory undertakers under Part IX of that Act , or under any other enactment, or appropriated by a local authority for planning purposes; and all such other provisions of that Act as apply for the purposes of those provisions (including sections 279(2) to (4), 280 and 282, which provide for the payment of compensation, and sections 275 to 278 which contain provisions consequential on the extinguishment of any rights under section 271 or 272 ) shall have effect accordingly. 2 The land referred to in subsection (1) above is— a land acquired or appropriated by a special road authority for the purposes of carrying out any works in pursuance of a scheme under section 16 above or an order under section 18 above; b land forming the site of any part of a highway which is appropriated by or transferred to a special road authority by means of an order under section 18 above; c land over which there subsists or has subsisted a highway the stopping up or diversion of which is or was authorised by an order under section 14 or 18 above. 3 The provisions of the said Act of 1990 referred to in subsection (1) above have effect, as applied for the purposes of this section— a in relation to any such land as is referred to in subsection (2)(a) or (b) above, subject to the modifications set out in Part I of Schedule 5 to this Act, and b in relation to any such land as is referred to in subsection (2)(c) above, subject to the modifications set out in Part II of that Schedule. 4 Where any apparatus of public utility undertakers is removed in pursuance of a notice or order given or made under section 271, 272, or 273 of the said Act of 1990 , as applied for the purposes of this section in relation to any such land as is specified in paragraph (a) or (b) of subsection (2) above, any person who is the owner or occupier of premises to which a supply was given from that apparatus shall be entitled to recover from the special road authority compensation in respect of expenditure reasonably incurred by him, in consequence of the removal, for the purpose of effecting a connection between the premises and any other apparatus from which a supply is given. 4A Subsection (4) above shall not apply in the case of the removal of a public sewer but where such a sewer is removed in pursuance of such a notice or order as is mentioned in that subsection, any person who is— a the owner or occupier of premises the drains of which communicated with that sewer; or b the owner of a private sewer which communicated with that sewer, is entitled to recover from the special road authority compensation in respect of expenditure reasonably incurred by him, in consequence of the removal, for the purpose of making his drain or sewer communicate with any other public sewer or with a private sewage disposal plant. 5 In this section “ owner ”, in relation to any premises, means a person, other than a m