UK Act of Parliament 1980 United Kingdom

Highways Act 1980

An Act to consolidate the Highways Acts 1959 to 1971 and related enactments, with amendments to give effect to recommendations of the Law Commission.

Status
Amended (in force with amendments)
Penalty ceiling
Imprisonment 24 of 172 obligations carry a fine up to £1,000. 35 carry different penalties and 113 have no criminal penalty — flagged in the list below.

Does it bind you?

Business-side roles with duties under this instrument.

Any Person85 Occupier23 Director or Officer3 Trader1 Operator1

Plus 59 duties on the regulator, Crown ministers and public bodies — folded into the section list below.

Other Acts binding the same actors

If a role above is yours, these are the other instruments that most often bind it.

Any Person — also bound by 2340 other Acts
Occupier — also bound by 235 other Acts
Director or Officer — also bound by 429 other Acts
Trader — also bound by 825 other Acts
Operator — also bound by 746 other Acts

What it requires

Sections creating concrete business duties or carrying penalties, grouped as the instrument is structured. Titles link to the source text — blue means you’re leaving for legislation.gov.uk.

Part 1

Highway Authorities and Agreements Between Authorities

3 of 9 sections shown
Part 2

Trunk Roads, Classified Roads, Metropolitan Roads, Special Roads

1 of 18 sections shown
s.014 Certification and records of GLA roads. Regulated
Other duties (1) — Crown / regulator
  • Transport for London must maintain and share GLA road recordsStatutory regulator
17 other sections in this Part — procedural and definitional
s.014 Designation of first GLA roads by Secretary of State.
s.014 Orders of the Authority changing what are GLA roads.
s.014 Construction of provisions relating to GLA roads.
Part 3

Creation of Highways

5 of 13 sections shown
s.025 Creation of footpath , bridleway or restricted byway by agreement. (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Local authorities must formalise and publicise new public path agreementsLocal authority
s.027 Making up of new footpaths , bridleways and restricted byways. (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Highway authority must certify and prepare new public pathsLocal authority
s.028 Compensation for loss caused by public path creation order. (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Local Authority must compensate for losses from path creation ordersLocal authority
s.029 Duty to have regard to agriculture, forestry and nature conservation. (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Councils must consider farming and nature when creating public pathsLocal authority
s.031 Register of maps, statements and declarations. Regulated
Other duties (1) — Crown / regulator
  • Local authorities must maintain a public register of highway declarationsLocal authority
8 other sections in this Part — procedural and definitional
Part 4

Maintenance of Highways

2 of 26 sections shown
s.041 Duty to maintain highways maintainable at public expense. (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Highway authorities must maintain public roads and clear snow or iceLocal authority
s.046 Supplemental provisions with respect to the getting of materials under section 45. (opens in a new tab) Prosecution
  • Fail to fence off or fill in highway authority excavationAny Person
  • Unlawfully taking highway repair materialsAny Person

Fine up to £200

24 other sections in this Part — procedural and definitional
Part 5

Improvement of Highways

9 of 57 sections shown
s.071 Margins for horses and livestock. (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Highway authority must provide safety margins for horses and livestockLocal authority
s.073 Power to prescribe improvement line for widening street. (opens in a new tab) Prosecution
  • Build or excavate in breach of street widening improvement lineAny Person
  • Unauthorised building or excavation near a street widening lineAny Person

Fine up to £200

s.074 Power to prescribe a building line. (opens in a new tab) Prosecution
  • Build or excavate beyond a prescribed building lineAny Person
  • Build too close to a prescribed building lineAny Person

Fine up to £200

s.079 Prevention of obstruction to view at corners. (opens in a new tab) Prosecution
  • Fail to comply with obstruction‑to‑view noticeOccupier

Fine up to £200

s.090 Protection of bridges and railways. (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Highway authority must obtain consent before installing cattle-grids near bridgesLocal authority
s.090 Consultation and local inquiries. Regulated
Other duties (1) — Crown / regulator
  • Highway authorities must consult and notify before installing road humpsLocal authority
s.100 Drainage of highways. (opens in a new tab) Regulated
  • Interfere with highway drainage worksAny Person
  • Interfering with highway drainage systemsAny Person

amended 3 times (opens in a new tab)

s.101 Power to fill in roadside ditches etc. (opens in a new tab) Regulated
  • Open up or keep open a filled-in roadside ditch without consentAny Person
  • Unlawfully reopen a filled-in roadside ditchAny Person

amended 1 time (opens in a new tab)

s.103 Provision of posts to indicate depth of flood water. (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Highway authorities must provide flood depth markers where necessaryLocal authority
48 other sections in this Part — procedural and definitional
s.090 Construction of road humps by highway authority.
s.090 Additional powers of the Secretary of State.
s.090 Special procedure for certain road humps in London.
s.090 Regulations concerning construction and maintenance of road humps.
s.090 Status of road humps.
s.090 Meaning of “road hump” and interpretation of sections 90A to 90E.
s.090 Powers to carry out traffic calming works.
s.090 Special procedure for certain traffic calming works in London.
s.090 Prescribing of works.
s.090 Status of works authorised by section 90G.
s.095 Power to install equipment for detection of traffic offences etc.
s.096 Duty of local highway authorities in England to consult before felling street trees
Part 5

ENVIRONMENTAL IMPACT ASSESSMENTS

8 of 12 sections shown
s.105 Publication of screening decisions: projects not to be subject to an environmental impact assessment Regulated
Other duties (1) — Crown / regulator
  • Project authorities must publish screening decisions for highway projectsStatutory regulator
s.105 Publication of screening decision and environmental statement for projects subject to an environmental impact assessment Regulated
Other duties (1) — Crown / regulator
  • Highway authorities must prepare and publish environmental statementsStatutory regulator
s.105 Co-ordination Regulated
Other duties (1) — Crown / regulator
  • National Highways must co-ordinate environmental and habitats assessmentsStatutory regulator
s.105 ... EEA States. Regulated
Other duties (1) — Crown / regulator
  • National Highways or the Secretary of State must consult EEA States on projectsCrown / Minister / Government department
s.105 Conclusion about environmental impact of a project for constructing or improving a highway Regulated
Other duties (1) — Crown / regulator
  • National Highways or local authorities must reach a conclusion on project impactsStatutory regulator
s.105 Decision about whether or not to proceed with a project subject to an environmental impact assessment Regulated
Other duties (1) — Crown / regulator
  • National Highways must assess environmental impacts before proceedingStatutory regulator
s.105 Timing of conclusion and decision Regulated
Other duties (1) — Crown / regulator
  • A project authority must decide on highway projects within a reasonable timeCrown / Minister / Government department
s.105 Publication of conclusion and decision Regulated
Other duties (1) — Crown / regulator
  • National Highways or local authorities must publish project decisionsStatutory regulator
4 other sections in this Part — procedural and definitional
s.105 Screening of projects for constructing or improving highways
s.105 Exemptions
s.105 Validity of decisions
s.105 Interpretation
Part 6

Construction of bridges over and tunnels under navigable waters and diversion etc. of watercourses

5 of 6 sections shown
Part 7

Provision of Special Facilities for Highways

3 of 4 sections shown
Part 7

Provision of Amenities on Certain Highways

2 of 10 sections shown
s.115 Notices to be given before exercise of powers under Part VIIA. Regulated
Other duties (1) — Crown / regulator
  • Council must provide public notice before permitting structures on highwaysLocal authority
s.115 Duties to consult or obtain consent of other authorities. Regulated
Other duties (1) — Crown / regulator
  • Councils must consult and obtain consent before modifying or using highwaysLocal authority
8 other sections in this Part — procedural and definitional
s.115 Scope of Part VIIA.
s.115 Provision etc. of services and amenities by councils.
s.115 Provision of recreation and refreshment facilities by councils.
s.115 Limits of powers under ss. 115B and 115C.
s.115 Execution of works and use of objects etc. by persons other than councils.
s.115 Power to impose conditions on permissions under section 115E.
s.115 Consents not to be unreasonably withheld.
s.115 Failure to comply with terms of permission.
Part 8

Restriction of rights over highway

7 of 7 sections shown
s.129 Gating orders

amended 1 time

s.129 Effect of gating orders

amended 1 time

s.129 Procedure for gating orders

amended 1 time

s.129 Validity of gating orders

amended 1 time

s.129 Publication and availability of gating orders

amended 1 time

s.129 Variation and revocation of gating orders

amended 1 time

s.129 Interpretation

amended 1 time

Part 8

Stopping up and diversion of highways and stopping up of means of access to highways

24 of 29 sections shown
s.118 Stopping up of footpaths , bridleways and restricted byways crossing railways.

amended 6 times

s.118 Stopping up of certain highways for purposes of crime prevention, etc.

amended 6 times

s.118 Application by proprietor of school for special extinguishment order.

amended 6 times

s.118 Application for a public path extinguishment order.

amended 6 times

s.119 Diversion of footpaths , bridleways and restricted byways crossing railways.

amended 12 times

s.119 Diversion of certain highways for purposes of crime prevention, etc.

amended 12 times

s.119 Application by proprietor of school for special diversion order.

amended 12 times

s.119 Diversion of certain highways for protection of sites of special scientific interest.

amended 12 times

s.119 Provisions supplementary to section 119D.

amended 12 times

s.119 Application for a public path diversion order.

amended 12 times

s.121 Regulations with respect to applications for orders. Prosecution
  • Provide false information in public path order applicationsAny Person

Unlimited fine · amended 18 times

s.121 Register of applications. Regulated
Other duties (1) — Crown / regulator
  • Local authorities must maintain a public register of path ordersLocal authority

amended 18 times

s.121 Cases where council may decline to determine applications.

amended 18 times

s.121 Right of appeal to Secretary of State in respect of applications for orders.

amended 18 times

s.121 Determination of appeals. Regulated
Other duties (1) — Crown / regulator
  • Secretary of State must determine appeals regarding path ordersCrown / Minister / Government department

amended 18 times

s.128 Penalty for using access which has been stopped up. (opens in a new tab) Prosecution
  • Use an access point that has been legally closedAny Person
  • Use a stopped-up accessAny Person

Fine up to £1,000

5 other sections in this Part — procedural and definitional
Part 9

Lawful and Unlawful Interference With Highways and Streets

62 of 75 sections shown
s.130 Protection of public rights. (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Local authorities must protect public rights to use and enjoy highwaysLocal authority

amended 1 time (opens in a new tab)

s.130 Notices to enforce duty regarding public paths.

amended 1 time

s.130 Orders following notice under section 130A.

amended 1 time

s.130 Section 130B: procedure. Regulated
  • Serve notice of intent before apply for a public path obstruction orderAny Person

amended 1 time

s.130 Section 130B: costs.

amended 1 time

s.131 Penalty for damaging highway etc. (opens in a new tab) Prosecution
  • Damage a public highway or traffic equipmentAny Person
  • Damage or obstruct a highwayAny Person

Fine up to £1,000

s.131 Disturbance of surface of certain highways. Prosecution
  • Disturb surface of footpath, bridleway or certain highwaysAny Person
  • Unauthorised disturbance of the surface of public pathsAny Person

Fine up to £1,000

s.132 Unauthorised marks on highways. (opens in a new tab) Prosecution
  • Place unauthorised marks on a highwayAny Person
  • Unauthorised marking or tagging of highways and structuresAny Person

Fine up to £2,500

s.134 Ploughing etc. of footpath or bridleway. (opens in a new tab) Prosecution
  • Fail to restore or mark a footpath after agricultural workOccupier
  • Fail to restore ploughed footpath or bridlewayOccupier

Fine up to £1,000 · amended 1 time (opens in a new tab)

s.135 Authorisation of other works disturbing footpath , bridleway or restricted byway. (opens in a new tab) Prosecution
  • Breach conditions for agricultural works on public pathsOccupier
  • Fail to comply with conditions of footpath disturbance orderOccupier

Fine up to £1,000 · amended 5 times (opens in a new tab)

s.135 Temporary diversion for dangerous works. Prosecution
  • Fail to comply with temporary diversion rules for footpaths or bridlewaysOccupier
  • Improper temporary diversion of a public footpath or bridlewayOccupier

Fine up to £1,000 · amended 5 times

s.135 Temporary diversion for dangerous works: supplementary. Prosecution
  • Fail to repair or clear a path after temporary diversionAny Person
  • Fail to restore footpath or bridleway after temporary diversionAny Person

Fine up to £1,000 · amended 5 times

s.136 Damage to highway consequent on exclusion of sun and wind. (opens in a new tab) Prosecution
  • Fail to cut hedge or tree damaging highwayOccupier
  • Fail to prune trees or hedges damaging a highwayOccupier

Fine up to £200

s.137 Penalty for wilful obstruction. (opens in a new tab) Imprisonment
  • Wilfully obstruct a highwayAny Person

51 weeks imprisonment · amended 3 times (opens in a new tab)

s.137 Interference by crops. Prosecution
  • Allow crops to obstruct a public footpath or bridlewayOccupier
  • Fail to keep public rights of way clear of cropsOccupier

Fine up to £1,000 · amended 3 times

s.137 Power to order offender to remove obstruction. Prosecution
  • Fail to comply with court order to remove highway obstructionAny Person

Unlimited fine · amended 3 times

s.138 Penalty for erecting building, etc., in highway. (opens in a new tab) Prosecution
  • Erect building, fence or hedge on a carriagewayAny Person

Fine up to £1,000

s.139 Control of builders’ skips. (opens in a new tab) Prosecution
  • Deposit builders' skip on highway without permissionAny Person
  • Unauthorised or unsafe placement of builders’ skips on a highwayAny Person

Fine up to £1,000 · amended 3 times (opens in a new tab)

s.140 Removal of builders’ skips. (opens in a new tab) Prosecution
  • Fail to remove or reposition a builder’s skip when orderedAny Person

Fine up to £1,000 · amended 2 times (opens in a new tab)

s.140 Builder’s skips: charge for occupation of highway. Regulated
  • Pay charges for builder's skips occupying the highway for too longOperator

amended 2 times

s.140 Builders' skips: charge determined by reference to duration of occupation of highway

amended 2 times

s.140 Regulations under sections 140A and 140B

amended 2 times

s.141 Restriction on planting of trees etc. in or near carriageway. (opens in a new tab) Prosecution
  • Fail to remove tree or shrub planted unlawfully near carriagewayOccupier
  • Unauthorised planting of trees or shrubs near a roadOccupier

Fine up to £200 · amended 11 times (opens in a new tab)

s.144 Power to erect flagpoles etc. on highways. (opens in a new tab) Prosecution
  • Interfere with or remove authorized highway structuresAny Person
  • Interfere with or remove flagpoles, pylons or slots on a highwayAny Person

Fine up to £1,000 · amended 6 times (opens in a new tab)

s.145 Powers as to gates across highways. (opens in a new tab) Prosecution
  • Fail to comply with notice to widen or remove narrow gate across highwayAny Person
  • Failure to widen or remove narrow gates across highwaysAny Person

Fine up to £0

s.147 Road-side sales. Prosecution
  • Unauthorised or dangerous road-side sellingAny Person

Fine up to £1,000 · amended 8 times

s.147 Agreements relating to improvements for benefit of persons with mobility problems.

amended 8 times

s.148 Penalty for depositing things or pitching booths etc. on highway. (opens in a new tab) Prosecution
  • Deposit things or pitch stalls on a highway without authorityAny Person
  • Unlawfully deposit items or pitch stalls on a highwayAny Person

Fine up to £1,000

s.150 Duty to remove snow soil etc. from highway. (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Highway authorities must remove snow and soil obstructions from roadsLocal authority
s.151 Prevention of soil etc. being washed on to street. (opens in a new tab) Prosecution
  • Fail to comply with notice to prevent soil washing onto streetOccupier
  • Failure to prevent soil or waste from washing onto the streetOccupier

Fine up to £1,000 · amended 1 time (opens in a new tab)

s.152 Powers as to removal of projections from buildings. (opens in a new tab) Prosecution
  • Fail to remove or alter building projection after noticeOccupier
  • Failure to remove obstructions or projections from buildingsOccupier

Fine up to £200

s.153 Doors etc. in streets not to open outwards. (opens in a new tab) Prosecution
  • Fail to comply with notice to alter outward-opening door/gate/barOccupier
  • Install doors or gates opening outwards onto a streetOccupier

Fine up to £200

s.155 Penalties in connection with straying animals. (opens in a new tab) Prosecution
  • Allow animals to stray on a highwayAny Person
  • Allow livestock to stray onto or lie on a highwayAny Person

Fine up to £1,000

s.161 Penalties for causing certain kinds of danger or annoyance. (opens in a new tab) Prosecution
  • Cause danger, injury, or annoyance on public highwaysAny Person
  • Deposit objects, light fires, discharge firearms, play games, or allow filth to flow on to a highwayAny Person

Fine up to £1,000

s.161 Danger or annoyance caused by fires lit otherwise than on highways. Prosecution
  • Cause highway danger or injury by lighting fires near roadsAny Person
  • Light a fire that endangers highway usersAny Person

Unlimited fine

s.162 Penalty for placing rope, etc. across highway. (opens in a new tab) Prosecution
  • Place dangerous ropes or apparatus across a highwayAny Person
  • Place rope or apparatus across highway causing dangerAny Person

Fine up to £1,000

s.163 Prevention of water falling on or flowing on to highway. (opens in a new tab) Prosecution
  • Fail to comply with notice to prevent water damage to highwayOccupier
  • Fail to prevent water from your premises flowing onto the highwayOccupier

Fine up to £200

s.167 Powers relating to retaining walls near streets. (opens in a new tab) Prosecution
  • Erect a retaining wall near a street without approvalAny Person

Fine up to £1,000 · amended 8 times (opens in a new tab)

s.168 Building operations affecting public safety. (opens in a new tab) Prosecution
  • Cause accident from building operations near a streetAny Person
  • Cause a safety risk to the public during building worksAny Person

Unlimited fine

s.169 Control of scaffolding on highways. (opens in a new tab) Prosecution
  • Erect or retain unauthorised scaffolding on a highwayAny Person
  • Erect scaffolding on a highway without a license or safety measuresAny Person

Unlimited fine · amended 16 times (opens in a new tab)

s.170 Control of mixing of mortar etc. on highways. (opens in a new tab) Prosecution
  • Improperly mixing or depositing mortar or cement on a highwayAny Person
  • Mix or deposit mortar/cement on highway without proper protectionAny Person

Fine up to £2,500 · amended 6 times (opens in a new tab)

s.171 Control of deposit of building materials and making of excavations in streets. (opens in a new tab) Prosecution
  • Fail to safely manage building materials or excavations in streetsAny Person
  • Unauthorised or unsafe deposits and excavations in the streetAny Person

Fine up to £10 · amended 2 times (opens in a new tab)

s.171 Works under s. 169 or s. 171: charge for occupation of the highway. Regulated
  • Pay charges for occupying the highway beyond agreed durationsAny Person

amended 2 times

s.171 Scaffolding, building materials and excavations: charge determined by reference to duration of occupation of highway

amended 2 times

s.171 Regulations under sections 171A and 171B

amended 2 times

s.172 Hoardings to be set up during building etc. (opens in a new tab) Prosecution
  • Fail to erect or maintain safety hoardings during building workAny Person
  • Fail to put up hoardings around building workAny Person

Fine up to £1,000 · amended 5 times (opens in a new tab)

s.173 Hoardings to be securely erected. (opens in a new tab) Prosecution
  • Fail to securely erect street hoardings or fencesAny Person
  • Use hoarding not securely fixedAny Person

Fine up to £200 · amended 3 times (opens in a new tab)

s.174 Precautions to be taken by persons executing works in streets. (opens in a new tab) Prosecution
  • Ensure safety and protection when carrying out street worksAny Person

Fine up to £10 · amended 3 times (opens in a new tab)

s.175 Liability of certain persons in respect of materials left on highway. (opens in a new tab) Prosecution
  • Leave dangerous materials on a highway at nightDirector or Officer
  • Leave materials on highway overnight without precautionsAny Person

Fine up to £200

s.176 Restriction on construction of bridges over highways. (opens in a new tab) Prosecution
  • Construct bridge over highway without licenceAny Person
  • Constructing or maintaining a bridge over a highway without a valid licenceAny Person

Fine up to £500

s.177 Restriction on construction of buildings over highways. (opens in a new tab) Regulated
  • Obtain a licence before building over a public highwayAny Person

amended 11 times (opens in a new tab)

s.178 Restriction on placing rails, beams etc. over highways. (opens in a new tab) Regulated
  • Obtain consent before placing apparatus over a highwayAny Person

amended 9 times (opens in a new tab)

s.179 Control of construction of cellars etc. under street. (opens in a new tab) Regulated
  • Obtain consent before building cellars or vaults under a streetAny Person

amended 1 time (opens in a new tab)

s.180 Control of openings into cellars etc. under streets, and pavement lights and ventilators. (opens in a new tab) Prosecution
  • Make unauthorised cellar openings in a streetAny Person
  • Unauthorised street openings or pavement worksAny Person

Fine up to £200 · amended 1 time (opens in a new tab)

s.184 Vehicle crossings over footways and verges. (opens in a new tab) Prosecution
  • Breach of conditions for crossing a pavement or vergeAny Person
  • Use footway or verge as vehicle crossing in breach of conditionsAny Person

Fine up to £1,000

13 other sections in this Part — procedural and definitional
s.160 Further powers of highway authorities and district council in relation to highways.
s.175 Duty to have regard to needs of disabled and blind in executing works, etc.
s.175 Consent of highway authority required for trunk road access
Part 10

New Streets

0 of 17 sections shown
17 other sections in this Part — procedural and definitional
Part 11

Making up of Private Streets

13 of 35 sections shown
s.211 Final apportionment and objections to it. (opens in a new tab) Regulated
  • Object to final street work chargesAny Person
s.214 Financial provisions. (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Street works authority must maintain separate accounts for private street worksLocal authority
s.219 Payments to be made by owners of new buildings in respect of street works. (opens in a new tab) Prosecution
  • Erect building on private street without paying required street‑works contributionAny Person

Fine up to £1,000 · amended 10 times (opens in a new tab)

s.220 Determination of liability for, and amount of, payments. (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Local Authority must issue notice for advance street works paymentsLocal authority

amended 17 times (opens in a new tab)

s.231 Compensation for damage caused by execution of street works. (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Street works authority must pay compensation for damageLocal authority
s.235 Evasion of private street works expenses by owners. (opens in a new tab) Regulated
  • Do not transfer property to evade street works chargesAny Person
22 other sections in this Part — procedural and definitional
Part 12

Acquisition, Vesting and Transfer of Land etc.

24 of 37 sections shown
s.255 Liability for certain expenses resulting from order under section 254. (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Highway authority must pay for bridge works and related expensesCrown / Minister / Government department
s.265 Transfer of property and liabilities upon a highway becoming or ceasing to be a trunk road. (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Local authorities must provide information when highways change statusLocal authority

amended 31 times (opens in a new tab)

s.266 Transfer of property and liabilities upon a highway becoming or ceasing to be a GLA road.

amended 12 times

s.266 Transfer of employees upon a highway becoming or ceasing to be a GLA road.

amended 12 times

s.268 Transfer of property and liabilities in connection with special roads etc. (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Secretary of State may transfer road property and liabilities by orderCrown / Minister / Government department
13 other sections in this Part — procedural and definitional
s.245 Acquisition of land by Secretary of State , strategic highways company or Assembly for buildings etc. needed for traffic management purposes
Part 13

Financial Provisions

9 of 13 sections shown
s.274 Contributions by parish or community councils.

amended 1 time

s.280 Application of certain sums payable to local highway authorities. (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Local highway authorities must use specific recovered funds for capital projectsLocal authority
s.281 Exemption from stamp duty. (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Minister may certify trunk road instruments as exempt from stamp dutyCrown / Minister / Government department
4 other sections in this Part — procedural and definitional
s.281 Stamp duty land tax
s.281 Power to provide for fees for certain services
Part 14

Miscellaneous and Supplementary Provisions

34 of 68 sections shown
s.284 Trunk roads: miscellaneous functions of Secretary of State and strategic highways company.

amended 1 time

s.285 Power of Minister and Greater London Council to execute in Greater London road improvements not involving widening. (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Local authorities must respond to road improvement proposals in LondonLocal authority
s.287 Power to erect barriers in streets in cases of emergency etc. (opens in a new tab) Prosecution
  • Unlawfully remove emergency street barriers or equipmentAny Person
  • Wilfully remove a traffic barrier or socketAny Person

Fine up to £200 · amended 2 times (opens in a new tab)

s.292 Compensation for damage resulting from, and offences connected with, exercise of powers of entry etc. under section 289 or 291. (opens in a new tab) Prosecution
  • Disclose trade secrets from highway authority entryAny Person
  • Obstructing highway powers of entry or interfering with equipmentAny Person

Unlimited fine

s.293 Powers of entry for purposes connected with certain orders relating to footpaths and bridleways. (opens in a new tab) Prosecution
  • Obstruct authorised officer surveying land for footpath ordersAny Person
  • Obstructing legal entry to land for footpath surveysAny Person

Fine up to £1,000 · amended 2 times (opens in a new tab)

s.297 Power of highway authority or council to require information as to ownership of land. (opens in a new tab) Prosecution
  • Fail to provide land ownership details or give false informationOccupier
  • Fail to provide or falsify land ownership informationOccupier

Unlimited fine

s.298 Duty of local authorities to furnish information to county councils and the Greater London Council. (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • District councils must provide highway information to county councilsLocal authority
s.303 Penalty for obstructing execution of Act. (opens in a new tab) Prosecution
  • Obstruct execution of Highways ActAny Person
  • Obstructing highway works or local authority officersAny Person

Fine up to £200

s.311 Continuing offences. (opens in a new tab) Prosecution
  • Continue an offence after being convicted under the Highways ActAny Person

Unlimited fine · amended 1 time (opens in a new tab)

s.314 Offences by body corporate. (opens in a new tab) Regulated
  • Company and officers liable for highway offences committed with their consent or neglectDirector or Officer
  • Corporate officer liability for Highways Act offencesDirector or Officer

amended 1 time (opens in a new tab)

s.314 Fixed penalties for certain offences under Part 9

amended 1 time

s.315 Notice to be given of right of appeal. (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Authorities must notify you of appeal rights and deadlinesLocal authority
s.318 Effect of decision of court upon an appeal. (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Authorities must implement court decisions following an appealLocal authority
s.320 Form of notices etc. (opens in a new tab) Regulated
  • Use written format for all official highway notices and applicationsAny Person
34 other sections in this Part — procedural and definitional
s.301 London borough council exercising powers so as to affect another authority’s roads.
s.301 Royal Parks or highways in London affected by proposals relating to the other.
Schedules

Schedules

22 of 255 shown
s.010 Procedure for Determination by Highway Authority of Certain Questions Arising in Connection with Provision of Cattle-Grid or By-Pass (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Highway authority must consult and notify before installing cattle-gridsLocal authority
s.sch001 Where the Minister proposes to make an order under any... Regulated
Other duties (1) — Crown / regulator
  • Minister must publish notice and accept objections for highway ordersCrown / Minister / Government department
s.sch001 Where the Minister proposes to make a scheme under section... Regulated
Other duties (1) — Crown / regulator
  • Publish notice of proposed highway scheme in local newspaper and London GazetteCrown / Minister / Government department
s.sch001 Not later than the day on which the said notice... Regulated
Other duties (1) — Crown / regulator
  • Minister or highway authority must serve scheme notices on councils and navigation bodiesCrown / Minister / Government department
s.sch001 If, on or after publishing a notice required by Part... Regulated
Other duties (1) — Crown / regulator
  • Minister or highway authority must give extra publicity to highway proposalsCrown / Minister / Government department
s.sch001 On making or confirming an order or scheme in accordance... Regulated
Other duties (1) — Crown / regulator
  • Secretary of State must publish notice of highway ordersCrown / Minister / Government department
s.sch001 Where an order under section 10 of this Act is... Regulated
  • Publish notice when submitting an order under section 10Trader
s.sch001 Where an order under section 18 or section 108(1) of... Regulated
Other duties (1) — Crown / regulator
  • Highway authority must publish notice when submitting order for confirmationLocal authority
s.sch001 Not later than the day on which the said notice... Regulated
Other duties (1) — Crown / regulator
  • Serve notice, draft order and relevant maps on affected personsCrown / Minister / Government department
s.sch001 Where the proposed order authorises the stopping up or diversion... Regulated
Other duties (1) — Crown / regulator
  • Display stopping-up or diversion notices at the affected highwayCrown / Minister / Government department
s.sch006 As soon as may be after an order to which... Regulated
Other duties (1) — Crown / regulator
  • Authority must publish notice when a highway order comes into operationLocal authority
s.sch007 Maintenance of Certain Highways by District Councils (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • District councils must maintain a public list of highways they manageLocal authority
s.sch007 Before exercising the relevant powers in relation to any highway... Regulated
Other duties (1) — Crown / regulator
  • District council must notify county council before exercising highway powersLocal authority
s.sch007 (1) Every district council shall prepare and keep up to... Regulated
Other duties (1) — Crown / regulator
  • District councils must maintain and publish a list of highways under their powersLocal authority
s.sch009 If the authority revoke the line, they shall— Regulated
Other duties (1) — Crown / regulator
  • Authority must notify land owners and update plan when revoking a lineLocal authority
s.sch010 (1) Before determining, under section 82 or 86 of this... Regulated
Other duties (1) — Crown / regulator
  • Publish public notice and display plans before deciding on a cattle-grid or by-passLocal authority
s.sch012 At least 28 days before the day on which an... Regulated
Other duties (1) — Crown / regulator
  • Local authority must give 28 days notice before applying for a highway orderLocal authority
s.sch012 At least 28 days before the day on which the... Regulated
Other duties (1) — Crown / regulator
  • Applicant authority must publish notice of highway change 28 days before applicationLocal authority
s.sch022b (1) An authorised officer of a highway authority may, if... Regulated
  • Commit a fixed-penalty highway offenceAny Person
s.sch022b (1) This paragraph applies where a person is given a... Regulated
  • Fail to pay a fixed penalty for a highway offenceAny Person
s.sch023 Transitional Provisions (opens in a new tab) Prosecution
  • Misuse of grass verges or footways as vehicle crossingsAny Person

Fine up to £1,000

s.sch023 (1) If a person knowingly uses a grass verge or... Prosecution
  • Unauthorised use of grass verge or footway as crossingAny Person

Fine up to £20

233 other schedules
s.sch001 At any time, whether before or after the expiration of...
s.sch001 Where the period specified in a notice published by the...
s.sch001 (1) If any objection to the proposed scheme is received...
s.sch001 (1) After any objections to the proposed scheme which are...
s.sch001 In this Part of this Schedule “proposed scheme” includes a...
s.sch001 (1) Any person who objects to the making or confirmation...
s.sch001 (1) Where objections to the making or confirmation of an...
s.sch001 Proceedings required by this Schedule to be taken for the...
s.sch001 Where— (a) proceedings required to be taken for the purposes...
s.sch001 At any time, whether before or after the expiration of...
s.sch001 Where the period specified in a notice published by the...
s.sch001 (1) If any objection to the proposed order is received...
s.sch001 (1) After any objections to the proposed order which are...
s.sch001 In this Part of this Schedule references to a proposed...
s.sch002 (1) Subject to sub-paragraph (2) below, as soon as may...
s.sch002 If a person aggrieved by a scheme or order to...
s.sch002 On any such application, the Court— (a) may by interim...
s.sch002 Subject to paragraph 3 above, a scheme or order to...
s.sch002 In relation to any scheme or order to which this...
s.sch003 Provisions contained in Part IV. Section 38(1) and section 57(2)....
s.sch003 Provisions contained in Part V. Section 73.
s.sch003 Provisions contained in Part IX. Section 133, section 171(1) and...
s.sch003 Provisions contained in part XII. Sections 241 and 271.
s.sch003 Provisions contained in Part IX. Sections 151 and 152, section...
s.sch003 Provisions contained in Part V. Section 66(2) and section 96(4)....
s.sch003 Provisions contained in Part IX. Section 185.
s.sch004 Class IX: Pedestrians, perambulators, push-chairs and other forms of baby...
s.sch004 Class X: Motor cycles whereof the cylinder capacity of the...
s.sch004 Class XI: Invalid carriages. In this Schedule any expression defined...
s.sch004 Class I: Heavy and light locomotives, motor tractors, heavy motor...
s.sch004 Class II; Motor vehicles and trailers the use of which...
s.sch004 Class III: Motor vehicles controlled by pedestrians.
s.sch004 Class IV: All motor vehicles (other than invalid carriages and...
s.sch004 Class V: Vehicles drawn by animals.
s.sch004 Class VI: Vehicles (other than pedal cycles, perambulators, push-chairs and...
s.sch004 Class VII: Pedal cycles.
s.sch004 Class VIII: Animals ridden, led or driven.
s.sch005 For references in subsections (3) and (6) of the said...
s.sch006 (1) Before a public path creation order, a public path...
s.sch006 (1) If no representations or objections are duly made, or...
s.sch006 (1) The following decisions- (a) a decision of the Secretary...
s.sch006 (1) Subject to sub-paragraph (2), subsections (2) to (5) of...
s.sch006 (1) Where a public path extinguishment order, a special extinguishment...
s.sch006 Where, in relation to any public path extinguishment order, special...
s.sch006 (1) The Secretary of State may, subject to the provisions...
s.sch006 (1) As soon as may be after an order to...
s.sch006 Schedule 2 of this Act (except paragraph 1 thereof) applies...
s.sch006 In this Part of this Schedule “prescribed” means prescribed by...
s.sch007 The county council are not liable to make a payment...
s.sch007 The district council may at any time, and from time...
s.sch007 A county council shall not unreasonably withhold approval of an...
s.sch007 If the county council are of the opinion that any...
s.sch007 (1) The relevant powers with respect to a highway specified...
s.sch007 (1) Without prejudice to paragraph 3(2) above, the relevant powers...
s.sch007 A statement by or on behalf of the Minister that...
s.sch007 A district council shall indemnify a county council in respect...
s.sch007 The provisions of this Part of this Schedule apply where...
s.sch007 On or before 15th December in each year the district...
s.sch008 In this Schedule “the authority” means the highway authority or...
s.sch008 The authority shall not carry out any works to which...
s.sch008 A consent required by this Schedule in respect of any...
s.sch008 Where the consent of the Minister is required under this...
s.sch009 Before a line is prescribed by the Minister he shall...
s.sch009 Where a local highway authority prescribe a line or revoke...
s.sch009 Before a line is prescribed by a county council, as...
s.sch009 Paragraph 2 above does not apply in relation to a...
s.sch009 A line which a highway authority propose to prescribe shall...
s.sch009 The plan shall be deposited at the offices of the...
s.sch009 As soon as the plan has been so deposited the...
s.sch009 The authority shall consider any objection to the proposed line...
s.sch009 Not later than 6 weeks after the date on which...
s.sch010 If no representation is duly made under paragraph 1 above,...
s.sch010 (1) Where a representation is duly made as aforesaid and...
s.sch010 For the purpose of displaying a notice as required by...
s.sch010 In relation to the exercise by a council of functions...
s.sch011 The Minister shall not by an order under section 93...
s.sch011 As soon as may be after the order has been...
s.sch011 Subject to paragraphs 7 to 10 above, the Minister of...
s.sch011 The Minister may postpone the date of the coming into...
s.sch011 (1) Before making an order for the reconstruction or improvement...
s.sch011 (1) Where an order provides for the transfer to a...
s.sch011 (1) Subject to sub-paragraph (2) below, where an order has...
s.sch011 Where the reconstruction or improvement of a bridge crossing—
s.sch011 Where an order providing for a matter referred to in...
s.sch011 Where it is determined by agreement or an award that...
s.sch011 Where it is determined by agreement or an award that...
s.sch011 The Minister shall not by an order with respect to...
s.sch011 Where a question is by any provision of this Schedule,...
s.sch011 The Minister shall not by an order with respect to...
s.sch011 An order made with respect to— (a) a bridge owned...
s.sch011 Nothing in an order made with respect to—
s.sch011 An order requiring the reconstruction of a bridge crossing a...
s.sch011 (1) An order to which this paragraph applies shall be...
s.sch011 Before making an order to which paragraph 7 above applies...
s.sch011 (1) If no objection is duly made by any person...
s.sch012 Any question arising under this Part of this Schedule shall,...
s.sch012 In this Schedule “ statutory undertakers ” includes operators of...
s.sch012 Not later than 28 days before the day on which...
s.sch012 Where this Part of this Schedule applies in relation to...
s.sch012 Where a highway is stopped up or diverted in pursuance...
s.sch012 Subject to the following provisions of this Part of this...
s.sch012 If in the course of the execution of undertakers’ works...
s.sch012 For the purposes of paragraph 7 above—
s.sch012 An amount which apart from this paragraph would be payable...
s.sch012a Further Powers of Highway Authorities and Councils in Relation to Interference with Highways
s.sch012a (1) For the purposes of this Schedule the “minimum width”...
s.sch012a For the purposes of this Schedule each of the following...
s.sch012a (1) Where the surface of— (a) a footpath,
s.sch012a (1) Where the occupier of any land fails to carry...
s.sch012a If the applicant fails to comply with a condition imposed...
s.sch012a Paragraphs 7 to 9 below have effect in relation to...
s.sch012a Subject to paragraph 8 below, any person duly authorised in...
s.sch012a (1) Except in the case of entry, solely for the...
s.sch012a (1) Subject to sub-paragraph (2) below, a competent authority may...
s.sch012za Delegation of function of making determination
s.sch012za In this Schedule— “ appointed person ” means a person...
s.sch012za An appointment under section 121(5B) of this Act must be...
s.sch012za Subject to the provisions of this Schedule, an appointed person...
s.sch012za (1) If either of the following persons—
s.sch012za (1) Where under paragraph 2(c) above the appointment of the...
s.sch012za (1) Anything done or omitted to be done by an...
s.sch012za Subsections (2) to (5) of section 250 of the Local...
s.sch013 An occupier of premises by whom any sum in relation...
s.sch013 Where a deduction from rent payable to a landlord is...
s.sch013 Nothing in paragraph 2 above entitles a person to deduct...
s.sch014 A person on whom a notice under section 184(1) or...
s.sch014 An objection under paragraph 1 above shall be made by...
s.sch014 Where objection is made to a notice given by a...
s.sch014 If objection is made to such a notice and the...
s.sch014 Subject to paragraph 4 above, such a notice becomes effective...
s.sch015 Where the advance payments code does not apply in a...
s.sch015 The resolution shall come into operation at such time, not...
s.sch015 When it has been passed, the resolution shall be published—...
s.sch015 A copy of the advertisement of the resolution published under...
s.sch015 For the purposes of this Schedule a notice is to...
s.sch016 The specification shall describe generally the works and things to...
s.sch016 The plans and sections shall show the constructional character of...
s.sch016 The estimate shall show the particulars of the probable cost...
s.sch016 The provisional apportionment shall state the amounts charged on the...
s.sch016 The notice under section 205 of this Act shall contain...
s.sch016 The notice under section 210 of this Act shall contain...
s.sch018 In the entries numbered 2 and 4 in Part I...
s.sch018 Where the boundaries of any highway will be altered in...
s.sch019 Section 20 of the Act (protection for interests of tenants...
s.sch019 Section 22 of the Act (protection of acquiring authority’s possession...
s.sch019 In relation to a compulsory acquisition of a right by...
s.sch019 For section 7 of the Act (measure of compensation) substitute...
s.sch019 Section 8(1) of the Compulsory Purchase Act 1965 has effect...
s.sch019 The following provisions of the Act (being provisions stating the...
s.sch019 Section 11 of the Act (powers of entry) is so...
s.sch021 All orders and regulations made, all directions, consents and notices...
s.sch021 Any order, byelaw, regulation or other instrument made by a...
s.sch021 All contracts, deeds, bonds or agreements entered into or made...
s.sch021 Where any such contract as aforesaid provides for the execution...
s.sch021 Where, before the day on which a highway becomes a...
s.sch021 In calculating— (a) the amount of any sum to be...
s.sch021 If any dispute arises under paragraph 4, 5 or 6...
s.sch021 All proceedings, legal or other, begun before the day on...
s.sch021 The provisions of this Schedule, except paragraph 2, apply in...
s.sch022 Provisions contained in Part IV Section 36(6) and (7) and...
s.sch022 Provisions contained in Part V Section 66(2) to (8), sections...
s.sch022 Provisions contained in Part IX Sections 133, and 151 to...
s.sch022 Provisions contained in Part XI The private street works code,...
s.sch022 Provisions contained in Part XII Section 239(6) and section 241....
s.sch022 Provisions contained in Part XIV Sections 286, 295, 297, 303,...
s.sch022a fixed penalty offences under part 9
s.sch022b Fixed penalties for certain offences under Part 9
s.sch022b A fixed penalty notice for an offence may not be...
s.sch022b (1) A fixed penalty notice must identify the offence to...
s.sch022b (1) The penalty for a fixed penalty offence is (subject...
s.sch022b (1) A discounted amount is payable instead of the amount...
s.sch022b (1) If the highway authority consider that a fixed penalty...
s.sch022b (1) In this Schedule “ prescribed ” means prescribed in...
s.sch022b Section 323(1)(b) (reckoning of periods of 8 days or less)...
s.sch023 Section 6(1). . . of this Act shall have effect...
s.sch023 (1) Sub-paragraph (2) below has effect where—
s.sch023 (1) Subject to sub-paragraph (3) below, where a highway in...
s.sch023 (1) Notwithstanding anything in section 1(2) of the Act of...
s.sch023 Where an offence for the continuance of which a penalty...
s.sch023 Any reference in this Act (whether express or implied) to...
s.sch023 Without prejudice to paragraph 17 above, any reference in this...
s.sch023 Without prejudice to paragraph 17 or 18 above, any power...
s.sch023 Section 11(1) of this Act applies to a highway which...
s.sch023 Where a period of time specified in any enactment repealed...
s.sch023 Any enactment or other document of any kind referring to...
s.sch023 Any enactment or other document of any kind referring to...
s.sch023 (1) The provisions of this Act (except section 19) and...
s.sch023 (1) Any order under section 1(3) of the Trunk Roads...
s.sch023 (1) Any order under section 4 of the Trunk Roads...
s.sch023 (1) In schemes under section 11 of the Highways Act...
s.sch023 Any question of liability for non-repair of a highway in...
s.sch023 (1) Without prejudice to the application of this Act to...
s.sch024 In the Military Lands Act 1892— (a) in section 13,...
s.sch024 In the Pipelines Act 1962— (a) in section 15(10), in...
s.sch024 ln Schedule 9 to the London Government Act 1963, in...
s.sch024 In section 9(4) of the Licensing Act 1964—
s.sch024 In section 3 of the New Forest Act 1964—
s.sch024 In the Countryside Act 1968— (a) in section 27(6), for...
s.sch024 In the Transport Act 1968— (a) in section 119(1), for...
s.sch024 In section 20(2) of the Chronically Sick and Disabled Persons...
s.sch024 In section 56(3) of the Settled Land Act 1925, for...
s.sch024 In the Land Compensation Act 1973— (a) in section 19(1),...
s.sch024 In the Control of Pollution Act 1974—
s.sch024 In section 17 of the Road Traffic Act 1974—
s.sch024 In section 1(1)(a) of the Local Land Charges Act 1975...
s.sch024 In the Local Government (Miscellaneous Provisions) Act 1976—
s.sch024 In both section 34(1)(a) and section 50(1)(a) of the Rent...
s.sch024 In section 16(3) of the Universities and College Estates Act...
s.sch024 In section 3(3) of the Refuse Disposal (Amenity) Act 1978...
s.sch024 In section 3(10) of the Parish Councils Act 1957—
s.sch024 In section 8(7) of the Land Compensation Act 1961 for...
s.schedule/1/part/i/crossheading/table_paragraph/wra (i) In the case of every order proposed to be...

Help complying

Guvnor’s practical routes through this instrument.

Meet environmental compliance requirements

Navigate your environmental obligations including waste duty of care, pollution prevention, packaging responsibilities, and energy reporting

Respond to highway works penalties and enforcement

What to do when you receive a Fixed Penalty Notice, Section 74 overrun charge, or reinstatement defect notice for street works. Covers …

Run a construction business

Ongoing compliance, site safety, and operational requirements for established construction businesses

Complete guide to highway works compliance

End-to-end learning path for contractors new to highway works in England. Covers the legal framework, permit types, required qualifications, traffic management, reinstatement …

Grow your construction business

Scale your construction business - win public contracts, build your workforce, achieve accreditations, and manage subcontractors at scale

Highway works quick compliance check

Quick-check permit type, notice period, qualification requirements, and fixed penalty notice amounts before starting highway works. For experienced contractors who need a …

Adopt new roads and streets for developers

How to get new roads adopted as publicly maintained highways through Section 38 agreements under the Highways Act 1980. Covers the adoption …

Carry out works affecting the strategic road network

How to obtain National Highways approval before carrying out works on or adjacent to motorways and trunk roads in England. Covers DMRB …

Highway works and street works permits

How to obtain permits and comply with regulations when carrying out works on public highways in England and Wales. Covers notice periods, …

Outdoor trading and pavement licensing for hospitality

Pavement licences for outdoor seating, A-board permits, and requirements for placing tables, chairs and signage on public highways for pubs, cafes and …

2 more guides that reference this instrument

Connected legislation

Instruments made under this Act. They carry the detail the Act delegates.

Duty extraction and severity labels are Guvnor’s analysis of the instrument, not the instrument itself. Always verify against the linked source text.