Section 271: Provisions with respect to transfer of toll highways to highway authorities.

Highways Act 1980 · 1980 c. 66View on legislation.gov.uk

Part XII: Acquisition, Vesting and Transfer of Land etc.

Upon the making of the transfer under subsection (1) above the right to charge tolls and any other property, rights or obligations transferred vest in and are exercisable by and imposed upon the appropriate authority.

The consideration to be paid to any person for a compulsory transfer under this section shall, in default of agreement, be determined by the Upper Tribunal, and the rules in section 5 of the Land Compensation Act 1961 apply to the calculation of any such consideration.

Subject to any agreement with respect to the date of transfer, the person on whom a notice to treat is served under this section shall, on payment to him of the consideration determined as provided by subsection (3) above, transfer to the appropriate authority all such property, rights and obligations vested in or imposed upon him as are required by the notice to treat to be so transferred.

A council in whose area part only of the highway is situated have in relation to that highway the same powers as they would have under subsection (1) above if the highway were wholly situated within their area, but shall not exercise those powers except in pursuance of an agreement made under subsection (6) below.

Any two or more councils having under either subsection (1) or subsection (5) above powers in relation to a highway may enter into agreements with respect to the exercise of those powers by one council on behalf of the other or others of them and with respect to the making of contributions by any of them towards the expenses of any action so taken; and where those powers are exercised in pursuance of any such agreement the transfer of the highway and any other property, rights and obligations to be transferred shall be made to such council or councils as may be provided by the agreement.

The provisions of this section with respect to compulsory transfers shall not apply in relation to—

a highway vested in dock undertakers as such,
a highway vested in harbour undertakers as such, or
the property in a bridge vested in railway undertakers.

About this text

This legislation text comes from legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. These source and reuse terms cover the legislation text, not Remedy's commentary.

Reuse reviewed 21 August 2026 under Open Government Licence v3.0.