Highways Act 1980

• (6C) Where, under subsection (6), an owner of land in England deposits a map and statement or lodges a declaration, the appropriate council must take the prescribed steps in relation to the map and statement or (as the case may be) the declaration and do so in the prescribed manner and within the prescribed period (if any).

• (7) For the purposes of the foregoing provisions of this section “owner”, in relation to any land, means a person who is for the time being entitled to dispose of the fee simple in the land; and for the purposes of subsections (5) , (6), (6C) and (13) “the appropriate council” means the council of the county , metropolitan district or London borough in which the way (in the case of subsection (5)) or the land (in the case of subsections (6), (6C) and (13)) is situated or, where the way or land is situated in the City, the Common Council.

• (7A) Subsection (7B) applies where the matter bringing the right of the public to use a way into question is an application under section 53(5) of the Wildlife and Countryside Act 1981 for an order making modifications so as to show the right on the definitive map and statement.

• (7B) The date mentioned in subsection (2) is to be treated as being the date on which the application is made in accordance with paragraph 1 of Schedule 14 to the 1981 Act.

• (8) Nothing in this section affects any incapacity of a corporation or other body or person in possession of land for public or statutory purposes to dedicate a way over that land as a highway if the existence of a highway would be incompatible with those purposes.

• (9) Nothing in this section operates to prevent the dedication of a way as a highway being presumed on proof of user for any less period than 20 years, or being presumed or proved in any circumstances in which it might have been presumed or proved immediately before the commencement of this Act.

• (10) Nothing in this section or section 32 below affects section 56(1) of the Wildlife and Countryside Act 1981 (which provides that a definitive map and statement are conclusive evidence as to the existence of the highways shown on the map and as to certain particulars contained in the statement),. . .

• (10A) Nothing in subsection (1A) affects the obligations of the highway authority, or of any other person, as respects the maintenance of a way.

• (11) For the purposes of this section “land” includes land covered with water.

• (12) For the purposes of subsection (1A) “ mechanically propelled vehicle ” does not include a vehicle falling within section 189(1)(c) of the Road Traffic Act 1988 (electrically assisted pedal cycle).

• (13) The Secretary of State may make regulations for the purposes of the application of subsection (6) to land in England which make provision—

• (a) for a statement or declaration required for the purposes of subsection (6) to be combined with a statement required for the purposes of section 15A of the Commons Act 2006;

• (b) as to the fees payable in relation to the depositing of a map and statement or the lodging of a declaration (including provision for a fee payable under the regulations to be determined by the appropriate council).

• (14) For the purposes of the application of this section to land in England “ prescribed ” means prescribed in regulations made by the Secretary of State.

• (15) Regulations under this section made by the Secretary of State may make—

• (a) such transitional or saving provision as the Secretary of State considers appropriate;

• (b) different provision for different purposes or areas.

Evidence of dedication of way as highway

32

A court or other tribunal, before determining whether a way has or has not been dedicated as a highway, or the date on which such dedication, if any, took place, shall take into consideration any map, plan or history of the locality or other relevant document which is tendered in evidence, and shall give such weight thereto as the court or tribunal considers justified by the circumstances, including the antiquity of the tendered document, the status of the person by whom and the purpose for which it was made or compiled, and the custody in which it has been kept and from which it is produced.

Protection of rights of reversioners

33

The person entitled to the remainder or reversion immediately expectant upon the determination of a tenancy for life, or pour autre vie, in land shall have the like remedies by action for trespass or an injunction to prevent the acquisition by the public of a right of way over that land as if he were in possession thereof.

Conversion of private street into highway

34

Without prejudice to the foregoing provisions of this Part of this Act, a street which is not a highway and land to which section 232 below applies may become a highway by virtue of a declaration made by a county council, a metropolitan district council, a London borough council or the Common Council in accordance with the provisions in that behalf contained in Part XI of this Act.

Creation of walkways by agreement

35

• (1) An agreement under this section may be entered into—

• (a) by a local highway authority, after consultation with the council of any non-metropolitan district in which the land concerned is situated;

• (b) by a non-metropolitan district council, either alone or jointly with the local highway authority, after consultation with the local highway authority.

• (2) An agreement under this section is an agreement with any person having an interest in any land on which a building is, or is proposed to be, situated, being a person who by virtue of that interest has the necessary power in that behalf,—

• (a) for the provision of ways over, through or under parts of the building, or the building when constructed, as the case may be, or parts of any structure attached, or to be attached, to the building; and

• (b) for the dedication by that person of those ways as footpaths subject to such limitations and conditions, if any, affecting the public right of way thereover as may be specified in the agreement and to any rights reserved by the agreement to that person and any person deriving title to the land under him.

A footpath created in pursuance of an agreement under this section is referred to below as a “walkway”.

• (3) An agreement under this section may make provision for—

• (a) the maintenance, cleansing and drainage of any walkway to which the agreement relates;

• (b) the lighting of such walkway and of that part of the building or structure which will be over or above it;

• (c) the provision and maintenance of support for such walkway;

• (d) entitling the authority entering into the agreement or, where the agreement is entered into jointly by a non-metropolitan district council and a local highway authority, either of those authorities to enter on any building or structure in which such walkway will be situated and to execute any works necessary to secure the performance of any obligation which any person is for the time being liable to perform by virtue of the agreement or of subsection (4) below;

• (e) the making of payments by the authority entering into the agreement or, where the agreement is entered into jointly by a non-metropolitan district council and a local highway authority, either of those authorities to any person having an interest in the land or building affected by the agreement;

• (f) the termination, in such manner and subject to such conditions as may be specified in the agreement, of the right of the public to use such walkway;

• (g) any incidental and consequential matters.

• (4) Any covenant (whether positive or restrictive) contained in an agreement under this section and entered into by a person having an interest in any land affected by the agreement shall be binding upon persons deriving title to the land under the covenantor to the same extent as it is binding upon the covenantor notwithstanding that it would not have been binding upon those persons apart from the provisions of this subsection, and shall be enforceable against those persons by the local highway authority.

• (5) A covenant contained in an agreement under this section and entered into by a person having an interest in any land affected by the agreement is a local land charge.

• (6) Where an agreement has been entered into under this section the appropriate authority may make byelaws regulating—

• (a) the conduct of persons using any walkway to which the agreement relates;

• (b) the times at which any such walkway may be closed to the public;

• (c) the placing or retention of anything (including any structure or projection) in, on or over any such walkway.

• (7) For the purposes of subsection (6) above, “the appropriate authority” means—

• (a) where the agreement was entered into by a local highway authority, that authority;

• (b) where the agreement was entered into by a non-metropolitan district council alone, that council;

• (c) where the agreement was entered into by a non-metropolitan district council jointly with the local highway authority, the local highway authority;

but in cases falling within paragraph (c) above the local highway authority shall before making any byelaw consult the district council, and in exercisng his power of confirmation the Minister shall have regard to any dispute between the local highway authority and the district council.

• (8) Not less than 2 months before an authority propose to make byelaws under subsection (6) above they shall display in a conspicuous position on or adjacent to the walkway in question notice of their intention to make such byelaws.

• (9) A notice under subsection (8) above shall specify the place where a copy of the proposed byelaws may be inspected and the period, which shall not be less than 6 weeks from the date on which the notice was first displayed as aforesaid, within which representations may be made to the authority, and the authority shall consider any representations made to them within that period.

• (10) The Minister of the Crown having power by virtue of section 236 of the Local Government Act 1972 to confirm byelaws made under subsection (6) above may confirm them with or without modifications; and if he proposes to confirm them with modifications he may, before confirming them, direct the authority by whom they were made to give notice of the proposed modifications to such persons and in such manner as may be specified in the direction.

• (11) Subject to subsection (12) below, the Minister, after consulting such representative organisations as he thinks fit, may make regulations—

• (a) for preventing any enactment or instrument relating to highways or to things done on or in connection with highways from applying to walkways which have been, or are to be, created in pursuance of agreements under this section or to things done on or in connection with such walkways;

• (b) for amending, modifying or adapting any such enactment or instrument in its application to such walkways;

• (c) without prejudice to the generality of paragraphs (a) and (b) above, for excluding, restricting or regulating the rights of statutory undertakers, . . . . . . and the operators of electronic communications code networks to place and maintain apparatus in, under, over, along or across such walkways;

• (d) without prejudice as aforesaid, for defining the cirumstances and manner in which such walkways may be closed periodically or temporarily or stopped up and for prescribing the procedure to be followed before such a walkway is stopped up.

• (12) Regulations under this section shall not exclude the rights of statutory undertakers, . . . . . . or the operators of electronic communications code networks to place and maintain apparatus in, under, along or across any part of a walkway, being a part which is not supported by any structure.

• (13) Without prejudice to subsection (11) above, regulations under this section may make different provisions for different classes of walkways and may include such incidental, supplemental and consequential provisions (and, in particular, provisions relating to walkways provided in pursuance of agreements made before the coming into operation of the regulations) as appear to the Minister to be expedient for the purposes of the regulations.

• (14) Nothing in this section is to be taken as affecting any other provision of this Act, or any other enactment, by virtue of which highways may be created.

Part IV — Maintenance of Highways

Highways maintainable at public expense

Highways maintainable at public expense

36

• (1) All such highways as immediately before the commencment of this Act were highways maintainable at the public expense for the purposes of the Highways Act 1959 continue to be so maintainable (subject to this section and to any order of a magistrates’ court under section 47 below) for the purposes of this Act.

• (2) Without prejudice to any other enactment (whether contained in this Act or not) whereby a highway may become for the purposes of this Act a highway maintainable at the public expense, and subject to this section and section 232(7) below, and to any order of a magistrates’ court under section 47 below, the following highways (not falling within subsection (1) above) shall for the purposes of this Act be highways maintainable at the public expense—

• (a) a highway constructed by a highway authority, otherwise than on behalf of some other person who is not a highway authority;

• (b) a highway constructed by a council within their own area under Part II of the Housing Act 1985, other than one in respect of which the local highway authority are satisfied that it has not been properly constructed, and a highway constructed by a council outside their own area under the said Part II, being, in the latter case, a highway the liability to maintain which is, by virtue of the said Part II, vested in the council who are the local highway authority for the area in which the highway is situated;

• (c) a highway that is a trunk road or a special road; . . .

• (d) a highway, being a footpath , bridleway or restricted byway, created in consequence of a public path creation order or a public path diversion order or in consequence of an order made by the Minister of Transport or the Secretary of State under section 247 of the Town and Country Planning Act 1990 or by a competent authority under section 257 of that Act, or dedicated in pursuance of a public path creation agreement.

• (e) a highway, being a footpath , bridleway or restricted byway, created in consequence of a rail crossing diversion order, or of an order made under section 14 or 16 of the Harbours Act 1964, or of an order made under section 1 or 3 of the Transport and Works Act 1992.

• (f) a highway, being a footpath, a bridleway, a restricted byway or a way over which the public have a right of way for vehicular and all other kinds of traffic, created in consequence of a special diversion order or an SSSI diversion order.

• (3) Paragraph (c) of subsection (2) above is not to be construed as referring to a part of a trunk road or special road consisting of a bridge or other part which a person is liable to maintain under a charter or special enactment, or by reason of tenure, enclosure or prescription.

• (3A) Paragraph (e) of subsection (2) above shall not apply to a footpath , bridleway or restricted byway, or to any part of a footpath , bridleway or restricted byway, which by virtue of an order of a kind referred to in that subsection is maintainable otherwise than at the public expense.

• (4) Subject to subsection (5) below, where there occurs any event on the occurrence of which, under any rule of law relating to the duty of maintaining a highway by reason of tenure, enclosure or prescription, a highway would, but for the enactment which abrogated the former rule of law under which a duty of maintaining highways fell on the inhabitants at large (section 38(1) of the Highways Act 1959) or any other enactment, become, or cease to be, maintainable by the inhabitants at large of any area, the highway shall become, or cease to be, a highway which for the purposes of this Act is a highway maintainable at the public expense.

• (5) A highway shall not by virtue of subsection (4) above become a highway which for the purposes of this Act is a highway maintainable at the public expense unless either—

• (a) it was a highway before 31st August 1835; or

• (b) it became a highway after that date and has at some time been maintainable by the inhabitants at large of any area or a highway maintainable at the public expense;

and a highway shall not by virtue of that subsection cease to be a highway maintainable at the public expense if it is a highway which under any rule of law would become a highway maintainable by reason of enclosure but is prevented from becoming such a highway by section 51 below.

• (6) The council of every county , metropolitan district and London borough and the Common Council shall cause to be made, and shall keep corrected up to date, a list of the streets within their area which are highways maintainable at the public expense.

• (7) Every list made under subsection (6) above shall be kept deposited at the offices of the council by whom it was made and may be inspected by any person free of charge at all reasonable hours and in the case of a list made by the council of a county in England, the county council shall supply to the council of each district in the county an up to date list of the streets within the area of the district that are highways maintainable at the public expense, and the list so supplied shall be kept deposited at the office of the district council and may be inspected by any person free of charge at all reasonable hours.

Methods whereby highways may become maintainable at public expense

Provisions whereby highway created by dedication may become maintainable at public expense

37

• (1) A person who proposes to dedicate a way as a highway and who desires that the proposed highway shall become maintainable at the public expense by virtue of this section shall give notice of the proposal, not less than 3 months before the date of the proposed dedication, to the council who would, if the way were a highway, be the highway authority therefor, describing the location and width of the proposed highway and the nature of the proposed dedication.

• (2) If the council consider that the proposed highway will not be of sufficient utility to the public to justify its being maintained at the public expense, they may make a complaint to a magistrates’ court for an order to that effect.

• (3) If the council certify that the way has been dedicated in accordance with the terms of the notice and has been made up in a satisfactory manner, and if—

• (a) the person by whom the way was dedicated or his successor keeps it in repair for a period of 12 months from the date of the council’s certificate, and

• (b) the way has been used as a highway during that period,

then, unless an order has been made in relation to the highway under subsection (2) above, the highway shall, at the expiration of the period specified in paragraph (a) above, become for the purposes of this Act a highway maintainable at the public expense.

• (4) If the council, on being requested by the person by whom the way was dedicated or his successor to issue a certificate under subsection (3) above, refuse to issue the certificate, that person may appeal to a magistrates’ court against the refusal, and the court, if satisfied that the certificate ought to have been issued, may make an order to the effect that subsection (3) above shall apply as if the certificate had been issued on a date specified in the order.

• (5) Where a certificate has been issued by a council under subsection (3) above, or an order has been made under subsection (4) above, the certificate or a copy of the order, as the case may be, shall be deposited with the proper officer of the council and may be inspected by any person free of charge at all reasonable hours.

Power of highway authorities to adopt by agreement

38

• (1) Subject to subsection (2) below, where any person is liable under a special enactment or by reason of tenure, enclosure or prescription to maintain a highway, the Ministeror a strategic highways company, whichever is the highway authority, in the case of a trunk road, or a local highway authority, in any other case, may agree with that person to undertake the maintenance of that highway; and where an agreement is made under this subsection the highway to which the agreement relates shall, on such date as may be specified in the agreement, become for the purposes of this Act a highway maintainable at the public expense and the liability of that person to maintain the highway shall be extinguished.

• (2) A local highway authority shall not have power to make an agreement under subsection (1) above with respect to a highway with respect to which they or any other highway authority have power to make an agreement under Part V or Part XII of this Act.

• (3) A local highway authority may agree with any person to undertake the maintenance of a way—

• (a) which that person is willing and has the necessary power to dedicate as a highway, or

• (b) which is to be constructed by that person, or by a highway authority on his behalf, and which he proposes to dedicate as a highway;

and where an agreement is made under this subsection the way to which the agreement relates shall, on such date as may be specified in the agreement, become for the purposes of this Act a highway maintainable at the public expense.

• (3A) The Minister may agree with any person to undertake the maintenance of a road—

• (a) which that person is willing and has the necessary power to dedicate as a highway, or

• (b) which is to be constructed by that person, or by a highway authority on his behalf, and which he proposes to dedicate as a highway,

and which the Minister proposes should become a trunk road; and where an agreement is made under this subsection the road shall become for the purposes of this Act a highway maintainable at the public expense on the date on which an order comes into force under section 10 directing that the road become a trunk road or, if later, the date on which the road is opened for the purposes of through traffic.

• (4) Without prejudice to the provisions of subsection (3) above and subject to the following provisions of this section, a local highway authority may, by agreement with railway, canal or tramway undertakers, undertake to maintain as part of a highway maintainable at the public expense a bridge or viaduct which carries the railway, canal or tramway of the undertakers over such a highway or which is intended to carry such a railway, canal or tramway over such a highway and is to be constructed by those undertakers or by the highway authority on their behalf.

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (6) An agreement under this section may contain such provisions as to the dedication as a highway of any road or way to which the agreement relates, the bearing of the expenses of the construction, maintenance or improvement of any highway, road, bridge or viaduct to which the agreement relates and other relevant matters as the authority making the agreement think fit.

Adoption of certain highways in livestock rearing areas

39

Adoption of private streets

40

The foregoing provisions of this Part of this Act are without prejudice to the power or, as the case may be, the duty of the council of a county , metropolitan district or London borough, or the Common Council, to adopt private streets as highways maintainable at the public expense under Part XI of this Act.

Maintenance of highways maintainable at public expense

Duty to maintain highways maintainable at public expense

41

• (1) The authority who are for the time being the highway authority for a highway maintainable at the public expense are under a duty, subject to subsections (2) and (4) below, to maintain the highway.

• (1A) In particular, a highway authority are under a duty to ensure, so far as is reasonably practicable, that safe passage along a highway is not endangered by snow or ice.

• (2) An order made by the Minister under section 10 above directing that a highway proposed to be constructed by himor a strategic highways company shall become a trunk road may, as regards—

• (a) a highway to which this subsection applies which becomes a trunk road by virtue of the order, or

• (b) a part of a highway to which this subsection applies, being a part which crosses the route of the highway to be so constructed,

contain such a direction as is specified in subsection (4) below.

• (3) Subsection (2) above applies to—

• (a) any highway maintainable at the public expense by a local highway authority, and

• (b) any highway other than a highway falling within paragraph (a) above or a highway maintainable under a special enactment or by reason of tenure, enclosure or prescription.

• (4) The direction referred to in subsection (2) above is—

• (a) in a case where the highway or part of a highway falls within subsection (3)(a) above, a direction that, notwithstanding subsection (1) above, it shall be maintained by the highway authority for that highway until such date, not being later than the date on which the new route is opened for the purposes of through traffic, as may be specified in a notice given by the Minister to that authority; and

• (b) in a case where the highway or part of a highway falls within subsection (3)(b) above, a direction that, notwithstanding subsection (1) above, the Ministeror the strategic highways company is to be under no duty to maintain it until such date as aforesaid.

• (5) Where an order under section 10 above contains a direction made in pursuance of subsections (2) to (4) above, then, until the date specified in the notice given by the Minister pursuant to the direction, in accordance with subsection (4) above, the powers of a highway authority under sections 97, 98, 270 and 301 below as respects the highway to which the direction relates are exercisable by the highway authority to whom the notice is required to be given, as well as by the Ministeror the strategic highways company .

Power of district councils to maintain certain highways

42

• (1) Subject to Part I of Schedule 7 to this Act, the council of a non-metropolitan district may undertake the maintenance of any eligible highway in the district which is a highway maintainable at the public expense.

• (2) For the purposes of subsection (1) above the following are eligible highways:—

• (a) footpaths,

• (b) bridleways,

• (ba) restricted byways, and

• (c) roads (referred to in Schedule 7 to this Act as “urban roads”) which are neither trunk roads nor classified roads and which—

• (i) are restricted roads for the purposes of section 81 of the Road Traffic Regulation Act 1984 (30 m.p.h. speed limit), or

• (ii) are subject to an order made by virtue of section 84(1)(a) of that Act imposing a speed limit not exceeding 40 m.p.h., or

• (iii) are otherwise streets in an urban area.

• (3) The county council who are the highway authority for a highway which is for the time being maintained by a non-metropolitandistrict council by virtue of this section shall reimburse to the district council any expenses incurred by them in carrying out on the highway works of maintenance necessary to secure that the duty to maintain the highway is performed, and Part II of Schedule 7 to this Act shall have effect for this purpose.

Power of parish and community councils to maintain footpaths and bridleways

43

• (1) The council of a parish or community may undertake the maintenance of any footpath , bridleway or restricted byway within the parish or community which is, in either case, a highway maintainable at the public expense; but nothing in this subsection affects the duty of any highway authority or other person to maintain any such footpath , bridleway or restricted byway.

• (2) The highway authority for any footpath , bridleway or restricted byway which a parish or community council have power to maintain under subsection (1) above, and a non-metropolitan district council for the time being maintaining any such footpath , bridleway or restricted byway by virtue of section 42 above, may undertake to defray the whole or part of any expenditure incurred by the parish or community council in maintaining the footpath , bridleway or restricted byway.

• (3) The power of a parish or community council under subsection (1) above is subject to the restrictions for the time being imposed by any enactment on their expenditure, but for the purposes of any enactment imposing such a restriction their expenditure is to be deemed not to include any expenditure falling to be defrayed by a highway authority or district council by virtue of subsection (2) above.

Person liable to maintain highway may agree to maintain publicly maintainable highway

44

Where any person is liable under a special enactment or by reason of tenure, enclosure or prescription to maintain a highway, he may enter into an agreement with the highway authority for that highway for the maintenance by him of any highway maintainable at the public expense by the highway authority; but nothing in this section affects the duty of a highway authority to maintain a highway as respects which any such agreement is made.

Power to get materials for repair of publicly maintainable highways

45

• (1) For the purpose of repairing highways maintainable at the public expense by them, a highway authority may exercise such powers with respect to the getting of materials as are mentioned in this section.

• (2) Subject to subsection (3) below, the authority may search for, dig, get and carry away gravel, sand, stone and other materials in and from any waste or common land (including the bed of any river or brook flowing through such land).

• (3) The authority—

• (a) shall not in the exercise of their powers under subsection (2) above divert or interrupt the course of any river or brook, or dig or get materials out of any river or brook within 50 yards above or below a bridge, dam or weir;

• (b) shall not in the exercise of those powers remove such quantity of stones or other materials from any sea beach as to cause damage by inundation or increased danger of encroachment by the sea; and

• (c) shall not exercise those powers in any land forming part of a common to which section 20 of the Commons Act 1876 applies, except in accordance with that section.

• (4) Subject to subsection (5) below, the authority may gather and carry away stones lying upon any land in the non-metropolitan county, metropolitan district or London borough within which the stones are to be used.

• (5) The authority—

• (a) shall not exercise the powers conferred by subsection (4) above in a garden, yard, avenue to a house, lawn, park, paddock or inclosed plantation, or in an inclosed wood not exceeding 100 acres in extent;

• (b) shall not in the case of any other inclosed land exercise those powers unless either they have obtained the consent of the owner and of the occupier of that land, or a magistrates’ court has made an order authorising them to exercise those powers in the case of that land; and

• (c) shall not in the exercise of those powers remove such quantity of stones or other materials from any sea beach as to cause damage by inundation or increased danger of encroachment by the sea.

• (6) If the authority cannot get sufficient materials by the exercise of their powers under the foregoing provisions of this section, a magistrates’ court may make an order authorising them to search for, dig, get and carry away materials in and from any inclosed land in the non-metropolitan county, metropolitan district or London borough within which the materials are to be used, other than any such land as is mentioned in subsection (5)(a) above.

• (7) For the purpose of repairing a bridge maintainable at the public expense and so much of a highway so maintainable as is carried by the bridge or forms the approaches to the bridge up to 100 yards from each end of the bridge, the authority may take and carry away the rubbish or refuse stones from any quarry in the non-metropolitan county or metropolitan district within which the materials are to be used or, if the materials are to be used in Greater London, from any quarry in Greater London.

• (8) Subject to subsection (9) below, for the purpose of repairing or reconstructing a bridge maintainable at the public expense, the authority may be authorised by an order of a magistrates’ court to quarry stone from any quarry in the non-metropolitan county or metropolitan district in which the bridge is or, if the bridge is in Greater London, from any quarry in Greater London.

• (9) No order shall be made under subsection (8) above in relation to a quarry which has not been worked at any time during the 3 years immediately preceding the date on which a complaint for such an order is made; and no stone shall be taken from a quarry situated in a garden, yard, avenue to a house, lawn, paddock or inclosed plantation, or in land on which ornamental timber trees are growing, except with the consent of the owner of the quarry.

• (10) An authority who exercise any of the powers conferred by this section shall pay compensation to persons interested in any land for any damage done thereto by the carriage of the materials obtained by the authority and also, in cases falling within subsection (6) or subsection (8) above, for the value of those materials.

• (11) At least one month before making a complaint to a magistrates’ court for an order under subsection (5) or subsection (6) above the authority shall give notice of their intention to make such a complaint to the owner, and to the occupier, of the land from which they propose to get materials.

• (12) In relation to highways in respect of which a non-metropolitan district council’s powers of maintenance under section 42 above are exercisable, references in this section and section 46 below to a highway authority include references to the district council; and for the purposes of this section—

• “inclosed land” includes any land in the exclusive occupation of one or more persons for agricultural purposes, though not separated by a fence or otherwise from adjoining land of another person, or from a highway; and

• “London borough” includes the City of London.

Supplemental provisions with respect to the getting of materials under section 45

46

• (1) Where an excavation is made by a highway authority in the exercise of powers conferred by section 45 above, the authority shall—

• (a) while work is in progress, and thereafter so long as the excavation remains open, keep the excavation sufficiently fenced to prevent accidents to persons or animals,

• (b) if no materials are found therein, fill up the excavation within 3 days from the date on which the excavation was made,

• (c) if materials are found, then within 14 days from the date on which sufficient materials have been obtained, fill up the excavation or slope it down and fence it off, if the owner or occupier of the land in question so requires, and thereafter keep it so fenced, and

• (d) when filling up an excavation, make good and level the ground and cover it with the turf or clod dug therefrom.

• (2) An authority who fail to comply with any of the provisions of subsection (1) above are guilty of an offence and liable to a fine not exceeding level 1 on the standard scale.

• (3) If in the exercise of powers conferred by section 45 above materials are dug so as to damage or endanger a highway, occupation road, ford, dam, mine, building, works or apparatus, the authority are guilty of an offence and, without prejudice to any civil proceedings which may be available against them, liable to a fine not exceeding level 1 on the standard scale.

• (4) A person who, without the consent of the highway authority,—

• (a) takes away any materials purchased, gotten or gathered by them for the repair of highways, or

• (b) takes away any materials from a quarry or excavation opened by the authority before their workmen have ceased working thereat for 6 weeks,

is guilty of an offence and liable to a fine not exceeding level 1 on the standard scale; but in the case of a quarry or excavation in private grounds, nothing in this subsection prevents the owner or occupier from getting materials therefrom for his own private use and not for sale.

Power of magistrates' court to declare unnecessary highway to be not maintainable at public expense

47

• (1) Where a highway authority are of opinion that a highway maintainable at the public expense by them is unnecessary for public use and therefore ought not to be maintained at the public expense, they may, subject to subsections (2) to (4) below, apply to a magistrates’ court for an order declaring that the highway shall cease to be so maintained.

• (2) No application shall be made under this section for an order relating to a trunk road, special road, metropolitan road, footpath, bridleway or restricted byway.

• (3) Where a county council, as highway authority, propose to make an application under this section for an order relating to any highway in England, they shall give notice of the proposal to the council of the district in which the highway is situated, and the application shall not be made if, within 2 months from the date of service of the notice by the county council, notice is given to the county council by the district council that the district council have refused to consent to the making of the application.

• (4) If a highway authority propose to make an application under this section for an order relating to a highway situated in a parish or a community they shall give notice of the proposal—

• (a) to the council of the parish or community, or

• (b) in the case of a parish not having a separate parish council, to the chairman of the parish meeting,

and the application shall not be made if, within 2 months from the date of service of the notice by the highway authority, notice is given to the highway authority by the council of the parish or community or the chairman of the parish meeting, as the case may be, that the council or meeting have refused to consent to the making of the application.

• (5) Where an application is made to a magistrates’ court under this section, 2 or more justices of the peace acting for the petty sessions area for which the court acts shall together view the highway to which the application relates, and no further proceedings shall be taken on the application unless they are of opinion, after viewing the highway, that there was ground for making the application.

• (6) The designated officer for the justices who view a highway in accordance with the provisions of subsection (5) above shall, as soon as practicable after the view, notify the highway authority by whom an application under this section relating to the highway was made of the decision of the justices and, if the justices decide that there was ground for making the application, of the time, not being less than 6 weeks from the date of the notice, and place, at which the application is to be heard by a magistrates’ court.

• (7) A magistrates’ court shall not hear an application under this section unless it is satisfied that the highway authority making the application have—

• (a) not less than one month before the date on which the application is to be heard by the court, given notice to the owners and the occupiers of all lands adjoining the highway to which the application relates of the making of the application, and the purpose of it, and of the time and place at which the application is to be heard by the court, and

• (b) given public notice in the terms and manner required by subsection (8) below.

• (8) A highway authority making an application under this section shall publish, once at least in each of the 4 weeks immediately preceding the week in which the application is to be heard, in a local newspaper circulating in the area in which the highway to which the application relates is situated, a notice—

• (a) stating that an application has been made to a magistrates’ court under this section and the purpose of the application,

• (b) describing the highway, and

• (c) specifying the time and place at which the application is to be heard,

and shall cause a copy of the notice to be fixed, at least 14 days before the date on which the application is to be heard by the court, to the principal doors of every church and chapel in the parish or community in which the highway is situated, or in some conspicuous position near the highway.

• (9) On the hearing of an application for an order under this section, a magistrates’ court shall hear any person who objects to the order being made and may either dismiss the application or make an order declaring that the highway to which the application relates shall cease to be maintained at the public expense.

• (10) Where an order is made under this section the highway to which the order relates shall cease to be a highway maintainable at the public expense.

• (11) The highway authority on whose application an order is made under this section shall give notice of the making of the order to any public utility undertakers having apparatus under, in, upon, over, along or across the highway to which the order relates.

Power of magistrates' court to order a highway to be again maintainable at public expense

48

• (1) Subject to subsection (2) below, if it appears to a magistrates’ court that, in consequence of any change of circumstances since the time at which an order was made under section 47 above, the highway to which the order relates has again become of public use and ought to be maintained at the public expense, the court may by order direct that the highway shall again become for the purposes of this Act a highway maintainable at the public expense.

• (2) An order under this section shall not be made except on the application of a person interested in the maintenance of the highway to which the application relates, and on proof that not less than 1 month before making the application he gave notice to the highway authority for the highway of his intention to make an application under this section.

Maintenance of privately maintainable highways

Maintenance of approaches to certain privately maintainable bridges

49

Where a person is liable to maintain the approaches to a bridge by reason of the fact that he is liable to maintain the bridge by reason of tenure or prescription, his liability to maintain the approaches extends to 100 yards from each end of the bridge.

Maintenance of privately maintainable footpaths and bridleways

50

• (1) Where apart from section 41 above a person would under a special enactment or by reason of tenure, enclosure or prescription be under an obligation to maintain a footpath or bridleway, the operation of section 41(1) does not release him from the obligation.

• (2) The council of a non-metropolitan district, parish or community may undertake by virtue of this subsection the maintenance of any footpath or bridleway within the district, parish or community (other than a footpath or bridleway the maintenance of which they have power to undertake under section 42 or, as the case may be, section 43 above) whether or not any other person is under a duty to maintain the footpath or bridleway; but nothing in this subsection affects the duty of any other person to maintain any such footpath or bridleway.

• (3) The power of a district council under subsection (2) above is subject to Part I of Schedule 7 to this Act; and the power of a parish or community council under that subsection is subject to the restrictions for the time being imposed by any enactment on their expenditure.

No liability to maintain by reason of enclosure if highway fenced with consent of highway authority

51

• (1) If a person across whose land there is a highway maintainable at the public expense erects a fence between the highway and the adjoining land, and the fence is erected with the consent of the highway authority for the highway, he does not thereby become liable to maintain the highway by reason of enclosure.

• (2) Nothing in subsection (1) above is to be construed as imposing on any person a liability to maintain a highway by reason of enclosure.

Power to get materials for repair of privately maintainable highways

52

• (1) A person liable to maintain a highway by reason of tenure, enclosure or prescription has, for the purpose of repairing it, the like powers with respect to the getting of materials as are conferred on a highway authority by section 45(2) to (6) above for the purpose of repairing highways maintainable at the public expense by them.

• (2) A person on whom powers are conferred by this section is, with respect to the exercise of those powers, subject to the like duties and liabilities under section 45(10) and (11) above and under section 46(1) to (3) above as are a highway authority with respect to the exercise of the powers conferred on them by section 45.

Power of magistrates' court to extinguish liability to maintain privately maintainable highway

53

• (1) Where a person is liable by reason of tenure, enclosure or prescription to maintain a highway, a magistrates’ court may, on a complaint made either by that person or by the highway authority for the highway, make an order that the liability of that person to maintain the highway shall be extinguished, and on the extinguishment of that liability the highway, if it is not then a highway maintainable at the public expense, shall become for the purposes of this Act a highway maintainable at the public expense.

• (2) Where a complaint is made to a magistrates' court under this section by a person liable as aforesaid to maintain a highway—

• (a) the highway authority for the highway have a right to be heard by the court at the hearing of the complaint, and

• (b) the court shall not make an order on the complaint unless it is satisfied that not less than 21 days before the date on which the complaint is heard by the court the complainant gave notice to the highway authority for the highway of the making of the complaint and of the time and place at which it was to be heard by the court.

• (3) Where by virtue of an order under this section the liability of a person to maintain a highway is extinguished, that person is liable to pay to the highway authority for the highway such sum as may be agreed between him and that authority or, in default of agreement, as may be determined by arbitration to represent the value to him of the extinguishment of his liability.

• (4) A sum payable by any person under subsection (3) above shall, at his option, be paid—

• (a) as a lump sum, or

• (b) by annual payments of such amount, and continuing for such number of years, as may be agreed between him and the highway authority or, in default of agreement, as may be determined by arbitration.

• (5) Any matter which by virtue of subsection (3) or (4) above is to be determined by arbitration shall be determined by a single arbitrator appointed, in default of agreement between the parties concerned, by the Minister.

• (6) Nothing in this section affects any exemption from rating under any enactment as continued by section 117 of the General Rate Act 1967.

Extinguishment of liability to maintain privately maintainable highway diverted by order of magistrates' court

54

• (1) Where a highway which a person is liable to maintain under a special enactment or by reason of tenure, enclosure or prescription is diverted in accordance with an order made under section 116 below, then—

• (a) the substituted highway becomes for the purposes of this Act a highway maintainable at the public expense, and

• (b) the person liable as aforesaid to maintain the highway so diverted is liable to pay to the highway authority for the substituted highway such sum as may be agreed between him and that authority or, in default of agreement, as may be determined by arbitration to represent the value to him of the extinguishment of his liability.

• (2) A sum payable by any person under subsection (1) above shall, at his option, be paid—

• (a) as a lump sum, or

• (b) by annual payments of such amount, and continuing for such number of years, as may be agreed between him and the highway authority or, in default of agreement, as may be determined by arbitration.

• (3) Any matter which by virtue of subsection (1) or (2) above is to be determined by arbitration shall be determined by a single arbitrator appointed, in default of agreement between the parties concerned, by the Minister.

Extinguishment of liability to maintain or improve bridges comprised in trunk roads and special roads

55

• (1) Where a highway comprising a bridge becomes a trunk road, and the bridge is transferred to the Ministeror a strategic highways company (“the trunk road authority”) under this Act, then, if immediately before the transfer the bridge was not a highway maintainable at the public expense, any liability of the owners of the bridge for the maintenance or improvement of it or of the highway carried by it is thereupon extinguished.

• (2) Where the liability of the owners of a bridge is extinguished under subsection (1) above, the owners shall pay to the trunk road authority such sum as may be agreed between them and the authority or, in default of agreement, as may be determined by arbitration to represent the value to the owners of the extinguishment of their liability.

• (3) Any sum payable by the owners of a bridge under subsection (2) above shall, in so far as it exceeds any sum payable by the trunk road authority to the owners under this Act, be paid, at the option of the owners—

• (a) as a lump sum, or

• (b) by annual instalments of such amount, and continuing for such number of years, as may be agreed between the owners and the trunk road authority or, in default of agreement, as may be determined by arbitration, or

• (c) by perpetual annual payments of such amount as may be so agreed or determined.

• (4) The foregoing provisions of this section apply where a highway comprising a bridge is included in the route prescribed by a scheme under section 16 above authorising the provision of a special road by a local highway authority and the bridge is transferred to the special road authority, as they apply where such a highway becomes a trunk road and the bridge is transferred to thetrunk road authority ; and accordingly those provisions have effect as if the references therein to a trunk road and to the Minister , a strategic highways company or trunk road authority included references to a special road and to the special road authority.

• (5) In this section—

• “bridge” includes so much of the approaches thereto as supports or protects the surface of the trunk road or special road;

• “owners”, in relation to a bridge, means the persons who, immediately before the transfer of the bridge to the trunk road authority or the special road authority, were responsible for the maintenance of it, and includes any persons who, in pursuance of any agreement with the persons so responsible, were then discharging that responsibility on their behalf.

Enforcement of liability for maintenance

Proceedings for an order to repair highway

56

• (1) A person (“the complainant”) who alleges that a way or bridge—

• (a) is a highway maintainable at the public expense or a highway which a person is liable to maintain under a special enactment or by reason of tenure, enclosure or prescription, and

• (b) is out of repair,

may serve a notice on the highway authority or other person alleged to be liable to maintain the way or bridge (“ the respondent”) requiring the respondent to state whether he admits that the way or bridge is a highway and that he is liable to maintain it.

• (2) If, within 1 month from the date of service on him of a notice under subsection (1) above, the respondent does not serve on the complainant a notice admitting both that the way or bridge in question is a highway and that the respondent is liable to maintain it, the complainant may apply to the Crown Court for an order requiring the respondent, if the court finds that the way or bridge is a highway which the respondent is liable to maintain and is out of repair, to put it in proper repair within such reasonable period as may be specified in the order.

• (3) The complainant for an order under subsection (2) above shall give notice in writing of the application to the appropriate officer of the Crown Court and the notice shall specify—

• (a) the situation of the way or bridge to which the application relates,

• (b) the name of the respondent,

• (c) the part of the way or bridge which is alleged to be out of repair, and

• (d) the nature of the alleged disrepair;

and the complainant shall serve a copy of the notice on the respondent.

• (4) If, within 1 month from the date of service on him of a notice under subsection (1) above, the respondent serves on the complainant a notice admitting both that the way or bridge in question is a highway and that the respondent is liable to maintain it, the complainant may, within 6 months from the date of service on him of that notice, apply to a magistrates’ court for an order requiring the respondent, if the court finds that the highway is out of repair, to put it in proper repair within such reasonable period as may be specified in the order.

• (5) A court in determining under this section whether a highway is out of repair shall not be required to view the highway unless it thinks fit, and any such view may be made by any 2 or more of the members of the court.

• (6) If at the expiration of the period specified in an order made under subsection (2) or (4) above a magistrates’ court is satisfied that the highway to which the order relates has not been put in proper repair, then, unless the court thinks fit to extend the period, it shall by order authorise the complainant (if he has not the necessary power in that behalf) to carry out such works as may be necessary to put the highway in proper repair.

• (7) Any expenses which a complainant reasonably incurs in carrying out works authorised by an order under subsection (6) above are recoverable from the respondent summarily as a civil debt.

• (8) Where any expenses recoverable under subsection (7) above are recovered from the respondent, then, if the respondent would have been entitled to recover from some other person the whole or part of the expenses of repairing the highway in question if he had repaired it himself, he is entitled to recover from that other person the whole or the like part, as the case may be, of the expenses recovered from him.

• (9) Where an application is made under this section for an order requiring the respondent to put in proper repair a footpath or bridleway which, in either case, is a highway maintainable at the public expense and some other person is liable to maintain the footpath or bridleway under a special enactment or by reason of tenure, enclosure or prescription, that other person has a right to be heard by the court which hears the application, but only on the question whether the footpath or bridleway is in proper repair.

Default powers of highway authorities in respect of non-repair of privately maintainable highways

57

• (1) Where a person is liable under a special enactment or by reason of tenure, enclosure or prescription to maintain a footpath or bridleway which, in either case, is a highway maintainable at the public expense, and the highway authority for the highway repair it in the performance of their duty to maintain it, they may, subject to subsection (3) below, recover the necessary expenses of doing so from that person in any court of competent jurisdiction.

• (2) Where a person is liable as aforesaid to maintain a highway other than such a footpath or bridleway as is referred to in subsection (1) above the highway authority for the highway may, if in their opinion the highway is not in proper repair, repair it and, subject to subsection (3) below, recover the necessary expenses of doing so from that person in any court of competent jurisdiction.

• (3) The right of recovery conferred by the foregoing provisions of this section is not exercisable—

• (a) in a case where a highway authority repair a footpath or bridleway in obedience to an order of a court made under section 56 above, unless not less than 21 days before the date on which the application was heard by the court the authority gave notice to the person liable to maintain the path or way of the making of an application with respect to it and of the time and place at which the application was to be heard by the court (so however that there is no obligation to give notice to him under this paragraph if he was the person on whose application the order of the court was made);

• (b) in any other case, unless the highway authority, before repairing the highway, have given notice to the person liable to maintain it that the highway is not in proper repair, specifying a reasonable time within which he may repair it, and he has failed to repair it within that time.

• (4) Where a highway authority exercise a right of recovery from any person under the foregoing provisions of this section, then, if that person would have been entitled to recover from some other person the whole or part of the expenses of repairing the highway if he had repaired it himself, he is entitled to recover from that other person the whole or the like part, as the case may be, of the expenses recovered from him by the highway authority.

Special defence in action against a highway authority for damages for non-repair of highway

58

• (1) In an action against a highway authority in respect of damage resulting from their failure to maintain a highway maintainable at the public expense it is a defence (without prejudice to any other defence or the application of the law relating to contributory negligence) to prove that the authority had taken such care as in all the circumstances was reasonably required to secure that the part of the highway to which the action relates was not dangerous for traffic.

• (2) For the purposes of a defence under subsection (1) above, the court shall in particular have regard to the following matters:—

• (a) the character of the highway, and the traffic which was reasonably to be expected to use it;

• (b) the standard of maintenance appropriate for a highway of that character and used by such traffic;

• (c) the state of repair in which a reasonable person would have expected to find the highway;

• (d) whether the highway authority knew, or could reasonably have been expected to know, that the condition of the part of the highway to which the action relates was likely to cause danger to users of the highway;

• (e) where the highway authority could not reasonably have been expected to repair that part of the highway before the cause of action arose, what warning notices of its condition had been displayed;

but for the purposes of such a defence it is not relevant to prove that the highway authority had arranged for a competent person to carry out or supervise the maintenance of the part of the highway to which the action relates unless it is also proved that the authority had given him proper instructions with regard to the maintenance of the highway and that he had carried out the instructions.

• (3) This section binds the Crown.

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Recovery by highway authorities etc. of certain expenses incurred in maintaining highways

Recovery of expenses due to extraordinary traffic

59

• (1) Subject to subsection (3) below, where it appears to the highway authority for a highway maintainable at the public expense, by a certificate of their proper officer, that having regard to the average expense of maintaining the highway or other similar highways in the neighbourhood extraordinary expenses have been or will be incurred by the authority in maintaining the highway by reason of the damage caused by excessive weight passing along the highway, or other extraordinary traffic thereon, the highway authority may recover from any person (“the operator”) by or in consequence of whose order the traffic has been conducted the excess expenses.

• (2) In subsection (1) above “the excess expenses” means such expenses as may be proved to the satisfaction of the court having cognizance of the case to have been or to be likely to be incurred by the highway authority by reason of the damage arising from the extraordinary traffic; and for the purposes of that subsection the expenses incurred by a highway authority in maintaining a highway are (without prejudice to the application of this section to a by-pass provided under this Act for use in connection with a cattle-grid) to be taken to include expenses incurred by them in maintaining a cattle-grid provided for the highway under this Act.

• (3) If before traffic which may cause such damage commences the operator admits liability in respect of such traffic, then—

• (a) the operator and the highway authority may agree for the payment by the operator to the highway authority of a sum by way of a composition of such liability, or

• (b) either party may require that the sum to be so paid shall be determined by arbitration;

and where a sum has been so agreed or determined the operator is liable to pay that sum to the highway authority and is not liable to proceedings for the recovery of the excess expenses under subsection (1) above.

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5) Proceedings for the recovery of any sums under this section shall be commenced within 12 months from the time at which the damage has been done or, where the damage is the consequence of any particular building contract or work extending over a long period, not later than 6 months from the date of completion of the contract or work.

• (6) In the application of this section to highways for which the Minister is the highway authority the words “by a certificate of their proper officer” in subsection (1) are to be omitted.

Liability of certain persons for cost of use of alternative route where highway closed by reason of their works

60

Regulations supplementing maintenance powers of district councils

Regulations supplementing maintenance powers of district councils

61

The Minister may by regulations empower non-metropolitan district councils, in relation to highways in respect of which their powers of maintenance under sections 42 and 50 above are exercisable, to exercise subject to such terms and conditions as may be specified in the regulations such additional powers as appear to him—

• (a) to be appropriate to supplement powers of maintenance; and

• (b) to correspond to powers exercisable in relation to highways by highway authorities;

and accordingly in those sections, in Schedule 7 to this Act and in any other enactment referring to the powers of non-metropolitan district councils under those sections, the expressions “maintenance” and “maintain” where used with respect to the powers of non-metropolitan district councils under those sections, are to be construed as including the carrying out of operations in the exercise of powers conferred on non-metropolitan district councils by regulations under this section.

Part V — Improvement of Highways

General power of improvement

General power of improvement

62

• (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.

• (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.

• (3) Notwithstanding subsection (2) above, but without 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;

• (b) the construction of cycle tracks;

• (c) the provision of subways, refuges, pillars, walls, barriers, rails, fences or posts for the use or protection of persons using a highway;

• (d) the construction and reconstruction of bridges and alteration of level of highways;

• (e) the planting of trees, shrubs and other vegetation and laying out of grass verges;

• (f) the provision, maintenance, alteration, improvement or other dealing with cattle-grids, by-passes, gates and other works for use in connection with cattle-grids;

• (ff) the construction, maintenance and removal of road humps;

• (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;

• (g) the execution of works for the purpose of draining a highway or of otherwise preventing surface water from flowing on to it;

• (h) the provision of barriers or other works for the purpose of affording to a highway protection against hazards of nature.

• (4) A highway authority may alter or remove any works executed by them under this section.

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Relief of main carriageway of trunk road from local traffic

Relief of main carriageway of trunk road from local traffic

63

Without prejudice to section 10(3) above, the Ministeror a strategic highways company may construct as part of a trunk road a highway for the purpose of relieving a main carriageway of the trunk road from local traffic; but this section does not authorise the construction of a highway which is separated from the remainder of the trunk road by intervening land.

Dual carriageways, roundabouts and cycle tracks

Dual carriageways and roundabouts

64

• (1) Where a highway maintainable at the public expense consists of or comprises a made-up carriageway, the highway authority liable to maintain it may construct and maintain works in that carriageway—

• (a) along any length of the highway, for separating a part of the carriageway which is to be used by traffic moving in one direction from a part of the carriageway which is to be used (whether at all times or at particular times only) by traffic moving in the other direction;

• (b) at crossroads or other junctions, for regulating the movement of traffic.

• (2) The powers conferred by subsection (1) above include power, in relation to any such works as are referred to in that subsection—

• (a) to light them,

• (b) to pave, grass or otherwise cover them or any part of them,

• (c) to erect pillars, walls, rails or fences on, around or across them or any part of them, and

• (d) to plant on them trees, shrubs and other vegetation either for ornament or in the interests of safety.

• (3) A highway authority may alter or remove any works constructed by them under this section.

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Cycle tracks

65

• (1) Without prejudice to section 24 above, a highway authority may, in or by the side of a highway maintainable at the public expense by them which consists of or comprises a made-up carriageway, construct a cycle track as part of the highway; and they may light any cycle track constructed by them under this section.

• (2) A highway authority may alter or remove a cycle track constructed by them under this section.

Safety provisions

Footways and guard-rails etc. for publicly maintainable highways

66

• (1) It is the duty of a highway authority to provide in or by the side of a highway maintainable at the public expense by them which consists of or comprises a made-up carriageway, a proper and sufficient footway as part of the highway in any case where they consider the provision of a footway as necessary or desirable for the safety or accommodation of pedestrians; and they may light any footway provided by them under this subsection.

• (2) A highway authority may provide and maintain in a highway maintainable at the public expense by them which consists of or comprises a carriageway, such raised paving, pillars, walls, rails or fences as they think necessary for the purpose of safeguarding persons using the highway.

• (3) A highway authority may provide and maintain in a highway maintainable at the public expense by them which consists of a footpath or bridleway, such barriers, posts, rails or fences as they think necessary for the purpose of safeguarding persons using the highway.

• (4) The powers conferred by the foregoing provisions of this section to provide any works include power to alter or remove them.

• (5) The power conferred by subsection (3) above, and the power to alter or remove any works provided under that subsection, shall not be exercised so as to obstruct any private access to any premises or interfere with the carrying out of agricultural operations.