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Section
62 - General power of improvement
Highways Act 1980
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| (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.
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| (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.
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| (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;
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| (b) |
the construction of cycle tracks;
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| (c) |
the provision of subways, refuges,
pillars, walls, barriers, rails, fences or posts
for the use or protection of persons using a
highway;
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| (d) |
the construction and reconstruction
of bridges and alteration of level of highways;
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| (e) |
the planting of trees, shrubs and
other vegetation and laying out of grass verges;
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| (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;
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| (ff) |
the
construction, maintenance or removal of road
humps;
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| (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;
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| (g) |
the execution of works for the
purpose of draining a highway or of otherwise
preventing surface water from flowing on to it;
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| (h) |
the provision of barriers or other
works for the purpose of affording to a highway
protection against hazards of nature.
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| (4) |
A highway authority may alter or remove any
work executed by them under this section.
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