Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Highway authority definition

What does Highway authority mean? In legal practice, a highway authority is the public body responsible for maintaining and managing the public highway network. In England and Wales it is defined in legislation, chiefly the Highways Act 1980: county councils, metropolitan district and London borough councils are highway authorities for most roads; Transport for London is highway authority for certain London roads; the strategic highways company (National Highways), under the Infrastructure Act 2015, is highway authority for motorways and trunk roads in England, and the Welsh Ministers for trunk roads in Wales. Key features include the section 41 duty to maintain highways maintainable at public expense...

Compelling highway, footpath and bridge repairs (including drains and structures): magistrates' court applications under section 56 Highways Act 1980 (England and Wales)

Published by a LexisNexis Local Government expert

Practice notes

$imgtext$

This Practice Note sets out the statutory entitlement allowing a member of the public to insist that the Highway authority puts a highway back into repair again. It explains the process laid down by section 56 of the Highways Act 1980 (HiA 1980), via the magistrates’ court, for deciding whether a highway is out of repair. It does not address establishing that a way is a highway, nor that the highway authority bears responsibility for its upkeep, where that is in dispute. It also extends to drains, structures, public footpaths and bridges.

Duty of the highway authority

A highway is a route over which any member of the public enjoys a right to pass and repass, free from obstruction, throughout every season of the year. Under HiA 1980, s 41, the highway authority is obliged to maintain the highway. The Authority must keep the road in a condition of repair such that it can be traversed safely at all times of the year.

Right to complain

Where a member of the public believes that a highway is out of repair, HiA 1980, s 56 permits any member of the public (the complainant) to seek an order from a magistrates' court...

To view the latest version of this document and thousands of others like it, sign-in with LexisNexis or register for a free trial.

Piers Riley-Smith

Kings Chambers

Piers has a varied planning, environment, licensing and highways practice. Piers is ranked in Chambers and Partners 2023 where Clients have said: " Piers Riley-Smith is a strong planning junior”“An enthusiastic and excellent communicator as an advocate, and within the professional team.”Piers is ranked in the Legal 500 as a “Rising Star” and is noted as being “approachable and fully committed to the job in hand, providing good advice and giving a very positive impression to clients.’Planning and EnvironmentHe is regularly instructed by local authorities, developers and the wider public in planning inquiries. He has also been instructed by both local authorities and developers at local plan and neighborhood plan exams. He appears in the High Court and Court of Appeal on behalf of local authorities, and private companies or developers, and local resident groups. He also accepts pro bono briefs from the...

Web page updated on 21/05/2026

Popular documents

Using the Judicial College Guidelines to assess general damages in personal injury claims

When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...

Tomlin orders in England and Wales: CPR guidance on drafting, confidentiality, approval, variation, enforcement, limitation, CCA issues, court-specific requirements, sample wording and precedents

This Practice Note This Practice Note reviews mechanisms used in settling litigation. A Tomlin order consists of a consent order paired with a schedule. It operates to stay proceedings on terms that have been agreed. The provisions contained in the schedule may remain confidential. This Practice Note describes the scope of confidentiality attaching to the schedule and sets out how it differs from a standard consent order. Sample wording for a Tomlin order is included, alongside links to precedents, as well as guidance on court approval. It also addresses varying, setting aside and enforcing a Tomlin order, including the considerations the court will take into account when handling applications for each. Further guidance is provided on interpreting and applying the relevant provisions of the CPR; however, some courts and divisions impose very specific requirements for both drafting and approval, and for approaching the schedule and confidentiality issues. Accordingly, you must consider the particular rules and court guide provisions in the forum where your claim is proceeding when drawing up the Tomlin order...

Precedent: Deed of Surrender of Lease with Optional Premium, Settlement and Release, Landlord, Mortgagee and Guarantor Consents, Reimbursement and HM Land Registry Provisions (England and Wales)

Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...

Precedent Statutory Declaration: Standard Wording under the Statutory Declarations Act 1835

I, [ name ], of [ address ], solemnly and sincerely state that: [ Matters to be verified, set out in numbered paragraphs ] I make this solemn statement in good conscience, believing it to be true, and pursuant to the provisions of the Statutory Declarations Act 1835. DECLARED at [ details ] this [ day ] day of [ month and year ] Before me ................................................................................ [ signature of the person before whom the declaration is made ] A [ commissioner for oaths OR [ solicitor OR [ insert other qualification ] ] authorised to administer oaths ]...