Highways Act Orders and Schemes

These notes provide guidance on the preferred method for
preparing statutory Order plans and *Scheme plans, and
associated information.
Introduction
1. Statutory Orders/Schemes, with associated schedules and plans, are the primary
documents which give legal powers, when made, to the Secretary of State to
construct road improvement schemes. Each Order is accompanied by plans, which
are required to provide clarity and remove ambiguity. The principal aim must be to
ensure that Orders are legally sound and provide the powers necessary to deliver
our schemes. The Orders should provide the greatest clarity to those affected by
our proposals without compromising the legal position in any way.
2. Once the need for Orders is identified the Highways Agency will ask the Consultant
or the Contractors Design Team to prepare the basic documentation (ORD forms,
plans and in some cases, schedules) to enable the Orders to be put together.
3. When preparing Orders, our aim should be to make the minimum changes to
the highway network needed to deliver the scheme, including any mitigation
measures (which will be detailed in the Environmental Statement).
Types of Orders
4. The following are the powers which are available for production of Orders. They
dictate what may be included in any particular Order. Normally the Agency will
identify which Orders are needed. However, if it becomes clear that additional
Orders may be needed then this should be flagged up with the Project Manager.
Orders under Section 10 of the Highways Act 1980
5. Section 10 of the Highways Act creates a new Section of trunk road or trunks or
detrunks an existing road. When a road is being detrunked the Order can include
the future classification of the road.
* The statutory term for a motorway is a special road, and an Order for a motorway is called a Scheme