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Highways Act Orders and Schemes

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<strong>Orders</strong> under Section 14 of the <strong>Highways</strong> <strong>Act</strong> 1980<br />

6. Section 14 of the <strong>Highways</strong> <strong>Act</strong> can allow the improvement of existing highway,<br />

the creation of new highway or the stopping up of existing highway. It is used to<br />

take powers to improve or to create new local authority highways or to stop up any<br />

highway including trunk road <strong>and</strong> is used in association with trunk road works. For<br />

motorway projects Section 18 powers are used. An Order under Section 14 can<br />

also include the creation of a temporary highway which will normally be maintained<br />

by the Agency rather than a local authority.<br />

7. An Order under Section 14 can also stop up or create a private means of access.<br />

Where only an access is affected an Order under Section 124 may be more<br />

appropriate.<br />

<strong>Schemes</strong> under Section 16 of the <strong>Highways</strong> <strong>Act</strong> 1980<br />

8. Section 16 of the <strong>Highways</strong> act allows for the creation of a new length of motorway<br />

for which the Agency will be the highway authority.<br />

<strong>Orders</strong> under Section 18 of the <strong>Highways</strong> <strong>Act</strong> 1980<br />

9. Section 18 of the <strong>Highways</strong> <strong>Act</strong> can allow the improvement of existing highway,<br />

the creation of new highway or the stopping up of existing highway. It is used to<br />

take powers to improve or to create new local authority highways or to stop up any<br />

highway including trunk road <strong>and</strong> is used in association with motorway projects.<br />

For trunk road projects Section 14 powers are used. An Order under Section<br />

18 can also include the creation of a temporary highway which will normally be<br />

maintained by the Agency rather than a local authority. An Order under Section 18<br />

can also stop up or create a private means of access.<br />

10. Section 18 can also allow the conversion of existing all purpose trunk road or a<br />

local authority road to a motorway. This Order would be separate from an Order<br />

under Section 18 altering highways or accesses.<br />

Section 106 of the <strong>Highways</strong> <strong>Act</strong> 1980<br />

11. Section 106 allows the construction of a bridge over or a tunnel under navigable<br />

waters. This can be done either by an Order under Section 106 or by including the<br />

proposal within an Order under Section 10, 14 or 18 or a Scheme under Section 16.

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