Highways Act 1959 transferred the duty to repair highways to the Secretary of State for the Environment or the appropriate local authority according to the road classification. Formerly, a local authority was not liable for injuries caused to highway users by its own non-feasance (e.g. non-repair of the surface) but this rule was abolished by the Highways (Miscellaneous Provisions) Act 1961). Previously there had been liability for misfeasance only.