Highway district
Encyclopedia
Highway Districts were areas in England
and Wales
united for the maintenance and repair of highways. They were first formed in 1862 and consisted of groupings of civil parishes in rural areas. They were abolished in 1894 when their powers and duties passed to rural district councils
.
had been responsible for keeping highway
s in repair since the reign of Henry VIII
. The Highways Act 1835 made changes to the administration of highways. From 1836 each parish was to appoint a surveyor, and was empowered to make a rate to keep the roads under its control in good order. The surveyor could be convicted and fined by the county justices for failing to keep the highways in repair. The 1835 Act also changed the law, with new roads not being declared highways, and therefore repairable by the parish, unless they met certain criteria.
The Highways Act 1862 (25 & 26 Vict., c.61) enabled Justices of the Peace of a county to divide the county into Highway Districts consisting of a number of parishes. This was done by means of a provisional order
confirmed by the Quarter Sessions
. The order listed the parishes to be grouped together, the name to be given to the district and the number of waywardens (see below) to be elected by each parish.
The highway board took over the property and liabilities of the parish surveyors in its district, appointing a clerk, treasurer and district surveyor. The costs of the administration was to be paid by a rate levied on the district, although the cost of repairing highways was still chargeable as a Highway Rate to individual parishes.
There was no compulsion for districts to be formed, and some parishes continued to separately maintain highways until 1894.
and Wales
. Places within the area of the Metropolitan Board of Works
, boroughs and towns having local boards
could not be grouped into a district. The Isle of Wight
and parts of South Wales were also exempt, as special legislation was already in place to establish highway authorities in those areas.
The Act stated that any place adopting the Local Government Act 1858 to form a local board would cease to be part of a highway district. A large number of communities, some with very small populations, quickly chose to form boards and avoid being part of a district. The number of applications was such that the Local Government Act Amendment Act 1863 (26 & 27 Vict., c.17) was passed providing that no local board could be formed after 1st March 1863 with a population of less than 3,000, and that any local board which had not appointed a surveyor within three months of formation would be dissolved.
roads that had become public highways since 1870 were designated as main roads. Other main roads were to be those between "great towns" and those leading to railway stations. In addition any other highway could be declared a main road by the justices of the county in quarter sessions. Half the cost of maintaining main roads was to be borne by the county at large.
In 1889 the Local Government Act
passed responsibility for main roads to the new county council
s, who were to bear all of the cost of their upkeep. The highway boards continued to have responsibility for highways other than main roads.
passed all the powers, duties and liabilities of existing highway boards, highway authorities or surveyors to the newly created rural district councils
. Rural district councils continued to exercise these powers until 1930, when the Local Government Act 1929
transferred responsibility for rural highways to county councils.
England
England is a country that is part of the United Kingdom. It shares land borders with Scotland to the north and Wales to the west; the Irish Sea is to the north west, the Celtic Sea to the south west, with the North Sea to the east and the English Channel to the south separating it from continental...
and Wales
Wales
Wales is a country that is part of the United Kingdom and the island of Great Britain, bordered by England to its east and the Atlantic Ocean and Irish Sea to its west. It has a population of three million, and a total area of 20,779 km²...
united for the maintenance and repair of highways. They were first formed in 1862 and consisted of groupings of civil parishes in rural areas. They were abolished in 1894 when their powers and duties passed to rural district councils
Rural district
Rural districts were a type of local government area – now superseded – established at the end of the 19th century in England, Wales, and Ireland for the administration of predominantly rural areas at a level lower than that of the administrative counties.-England and Wales:In England...
.
Background
Parish vestriesVestry
A vestry is a room in or attached to a church or synagogue in which the vestments, vessels, records, etc., are kept , and in which the clergy and choir robe or don their vestments for divine service....
had been responsible for keeping highway
Highway
A highway is any public road. In American English, the term is common and almost always designates major roads. In British English, the term designates any road open to the public. Any interconnected set of highways can be variously referred to as a "highway system", a "highway network", or a...
s in repair since the reign of Henry VIII
Henry VIII of England
Henry VIII was King of England from 21 April 1509 until his death. He was Lord, and later King, of Ireland, as well as continuing the nominal claim by the English monarchs to the Kingdom of France...
. The Highways Act 1835 made changes to the administration of highways. From 1836 each parish was to appoint a surveyor, and was empowered to make a rate to keep the roads under its control in good order. The surveyor could be convicted and fined by the county justices for failing to keep the highways in repair. The 1835 Act also changed the law, with new roads not being declared highways, and therefore repairable by the parish, unless they met certain criteria.
The Highways Act 1862 (25 & 26 Vict., c.61) enabled Justices of the Peace of a county to divide the county into Highway Districts consisting of a number of parishes. This was done by means of a provisional order
Provisional Order
Provisional Order is a method of procedure followed by several government departments in England, authorizing action on the part of local authorities under various acts of Parliament....
confirmed by the Quarter Sessions
Quarter Sessions
The Courts of Quarter Sessions or Quarter Sessions were local courts traditionally held at four set times each year in the United Kingdom and other countries in the former British Empire...
. The order listed the parishes to be grouped together, the name to be given to the district and the number of waywardens (see below) to be elected by each parish.
Highway boards
The authority governing the highway district was entitled a highway board. The membership of the board consisted of one or more members elected annually by each parish, and known as waywardens, and by any county justices residing in the district.The highway board took over the property and liabilities of the parish surveyors in its district, appointing a clerk, treasurer and district surveyor. The costs of the administration was to be paid by a rate levied on the district, although the cost of repairing highways was still chargeable as a Highway Rate to individual parishes.
There was no compulsion for districts to be formed, and some parishes continued to separately maintain highways until 1894.
Areas exempt
The 1862 Act did not extend to all areas of EnglandEngland
England is a country that is part of the United Kingdom. It shares land borders with Scotland to the north and Wales to the west; the Irish Sea is to the north west, the Celtic Sea to the south west, with the North Sea to the east and the English Channel to the south separating it from continental...
and Wales
Wales
Wales is a country that is part of the United Kingdom and the island of Great Britain, bordered by England to its east and the Atlantic Ocean and Irish Sea to its west. It has a population of three million, and a total area of 20,779 km²...
. Places within the area of the Metropolitan Board of Works
Metropolitan Board of Works
The Metropolitan Board of Works was the principal instrument of London-wide government from 1855 until the establishment of the London County Council in 1889. Its principal responsibility was to provide infrastructure to cope with London's rapid growth, which it successfully accomplished. The MBW...
, boroughs and towns having local boards
Local board of health
Local Boards or Local Boards of Health were local authorities in urban areas of England and Wales from 1848 to 1894. They were formed in response to cholera epidemics and were given powers to control sewers, clean the streets, regulate slaughterhouses and ensure the proper supply of water to their...
could not be grouped into a district. The Isle of Wight
Isle of Wight
The Isle of Wight is a county and the largest island of England, located in the English Channel, on average about 2–4 miles off the south coast of the county of Hampshire, separated from the mainland by a strait called the Solent...
and parts of South Wales were also exempt, as special legislation was already in place to establish highway authorities in those areas.
The Act stated that any place adopting the Local Government Act 1858 to form a local board would cease to be part of a highway district. A large number of communities, some with very small populations, quickly chose to form boards and avoid being part of a district. The number of applications was such that the Local Government Act Amendment Act 1863 (26 & 27 Vict., c.17) was passed providing that no local board could be formed after 1st March 1863 with a population of less than 3,000, and that any local board which had not appointed a surveyor within three months of formation would be dissolved.
Changes in legislation
The Highways and Locomotives Amendment Act 1878 created a new class of highway - the main road. The Act provided that all former turnpikeTurnpike trust
Turnpike trusts in the United Kingdom were bodies set up by individual Acts of Parliament, with powers to collect road tolls for maintaining the principal highways in Britain from the 17th but especially during the 18th and 19th centuries...
roads that had become public highways since 1870 were designated as main roads. Other main roads were to be those between "great towns" and those leading to railway stations. In addition any other highway could be declared a main road by the justices of the county in quarter sessions. Half the cost of maintaining main roads was to be borne by the county at large.
In 1889 the Local Government Act
Local Government Act 1888
The Local Government Act 1888 was an Act of the Parliament of the United Kingdom, which established county councils and county borough councils in England and Wales...
passed responsibility for main roads to the new county council
County council
A county council is the elected administrative body governing an area known as a county. This term has slightly different meanings in different countries.-United Kingdom:...
s, who were to bear all of the cost of their upkeep. The highway boards continued to have responsibility for highways other than main roads.
Abolition
The Local Government Act 1894Local Government Act 1894
The Local Government Act 1894 was an Act of the Parliament of the United Kingdom that reformed local government in England and Wales outside the County of London. The Act followed the reforms carried out at county level under the Local Government Act 1888...
passed all the powers, duties and liabilities of existing highway boards, highway authorities or surveyors to the newly created rural district councils
Rural district
Rural districts were a type of local government area – now superseded – established at the end of the 19th century in England, Wales, and Ireland for the administration of predominantly rural areas at a level lower than that of the administrative counties.-England and Wales:In England...
. Rural district councils continued to exercise these powers until 1930, when the Local Government Act 1929
Local Government Act 1929
The Local Government Act 1929 was an Act of the Parliament of the United Kingdom that made changes to the Poor Law and local government in England and Wales....
transferred responsibility for rural highways to county councils.