Section 62 - General power of improvement
Highways Act 1980

 

(1) The provisions of this Part of this Act have effect for the purpose of empowering or requiring highway authorities and other persons to improve highways.

(2) Without prejudice to the powers of improvement specifically conferred on highway authorities by the following provisions of this Part of this Act, any such authority may, subject to subsection (3) below, carry out, in relation to a highway maintainable at the public expense by them, any work (including the provision of equipment) for the improvement of the highway.

(3) Notwithstanding subsection (2) above, but without any prejudice to any enactment not contained in this Part of this Act, work of any of the following descriptions shall be carried out only under the powers specifically conferred by the following provisions of this Part of this Act, and not under this section -
(a) the division of carriageways, provision of roundabouts and variation of the relative widths of carriageways and footways;
(b) the construction of cycle tracks;
(c) the provision of subways, refuges, pillars, walls, barriers, rails, fences or posts for the use or protection of persons using a highway;
(d) the construction and reconstruction of bridges and alteration of level of highways;
(e) the planting of trees, shrubs and other vegetation and laying out of grass verges;
(f) the provision, maintenance, alteration or improvements or other dealing with cattle-grids, by-passes, gates or other works for use in connection with cattle-grids;
(ff) the construction, maintenance or removal of road humps;
(fg) the construction and removal of such traffic calming works as may be specially authorised by the Secretary of State under section 90G below or prescribed by regulations made by him under section 90H below;
(g) the execution of works for the purpose of draining a highway or of otherwise preventing surface water from flowing on to it;
(h) the provision of barriers or other works for the purpose of affording to a highway protection against hazards of nature.

(4) A highway authority may alter or remove any work executed by them under this section.