(1)It shall be the duty of every strategic highways company and local authority upon whom functions are conferred by or under this Act, so to exercise the functions conferred on them by this Act as (so far as practicable having regard to the matters specified in subsection (2) below) to secure the expeditious, convenient and safe movement of vehicular and other traffic (including pedestrians) and the provision of suitable and adequate parking facilities on and off the highway or, in Scotland the road .
(2)The matters referred to in subsection (1) above as being specified in this subsection are—
(a)the desirability of securing and maintaining reasonable access to premises;
(b)the effect on the amenities of any locality affected and (without prejudice to the generality of this paragraph) the importance of regulating and restricting the use of roads by heavy commercial vehicles, so as to preserve or improve the amenities of the areas through which the roads run;
(bb)the strategy prepared under section 80 of the Environment Act 1995 (national air quality strategy);
(c)the importance of facilitating the passage of public service vehicles and of securing the safety and convenience of persons using or desiring to use such vehicles; and
(d)any other matters appearing to the strategic highways company or ... the local authority ... to be relevant.
(3)The duty imposed by subsection (1) above is subject to the provisions of Part II of the Road Traffic Act 1991.
Cases considering section 122 33
[2026] EWCA Civ 257 · 12 March 2026Interprets
Interprets section 122 as requiring a substantive balancing exercise. The movement-of-traffic duty is qualified by the matters in section 122(2), and is assessed with the statutory purposes for making the order. (see paras [9]; [26]; [54]-[58])
Applies the duty in section 122(1) to secure, so far as practicable, the expeditious, convenient and safe movement of vehicular and other traffic, including pedestrians. The duty is not given primacy over the matters in section 122(2). (see paras [26]; [54]-[55])
Applies section 122(2) as setting out matters to which the authority must have regard so far as practicable. The report addressed those matters, and the Court found the statutory balancing exercise fulfilled in substance. (see paras [26]; [54]-[58])
Applies section 122(2)(a) by requiring consideration of reasonable access to premises. The report expressly addressed that consideration and officers were satisfied that the Orders maintained reasonable access. (see para [26])
Applies section 122(2)(b) by requiring regard to the effect on local amenities. That consideration forms part of the balancing exercise alongside traffic movement and was addressed in the report. (see paras [26]; [55]-[58])
Applies section 122(2)(c) by recognising the importance of facilitating public service vehicles and the safety and convenience of their users. The report considered improved bus access and journey times. (see paras [9]; [23]-[26]; [60])
Applies section 122(2)(d) as permitting regard to other matters appearing relevant to the authority. The authority could consider the wider transport scheme and strategic aims as part of its assessment. (see paras [9]; [26]; [55]-[58])
[2015] EWCA Civ 1303 · 16 December 2015Interprets
Section 122 was read as permitting regard to the overall constraint of meeting the cost of providing parking when exercising statutory parking functions. Cost was not merely a tail-end consideration after all policy factors. (see paras [49]; [54]; [66]-[70])
The duty to secure suitable and adequate parking formed part of the statutory context for pricing. It did not prevent local authorities from considering the cost of providing off-street parking. (see paras [8]; [54]; [70])
The court treated the matters listed in section 122(2) as part of the policy context in which charges are fixed, while recognising that cost constraints may also be relevant. (see paras [8]; [68]-[70])
The court indicated, without deciding, that the constraint of maintaining a departmental balanced budget might be a relevant matter under section 122(2)(d). (see para [68])
[2011] EWCA Civ 432 · 19 April 2011Interprets
Cited only.
The duty was interpreted as governing the exercise of the charging power. Charging could be justified by a rational contribution to traffic-management benefits, including the provision of suitable and adequate parking facilities (see paras [6], [11], [16]-[22]).
The court held that the matters specified in subsection (2) guide the section 122(1) duty, while the additional-relevance limb is confined to matters that are rationally relevant (see paras [6], [22]).
Fairness between motorcyclists and car drivers, including the fair allocation of continuing maintenance and enforcement costs, was treated as a rationally relevant consideration supporting the charging provisions (see paras [22]-[24]).
13 more judgments, and what each says about section 122, are in the
case-law panel in the full Act.