Part IIE+W+S Public rights of way and road traffic

Creation, stopping up and diversion of highwaysE+W

57 Creation, stopping up and diversion of highways.E+W

The M1Highways Act 1980 (in this Act referred to as “the 1980 Act”) has effect subject to the amendments in Part I of Schedule 6 (which relate to the creation, stopping up and diversion of highways); and Part II of that Schedule (which contains consequential amendments of other Acts) has effect.

Annotations:

Commencement Information

I1S. 57 partly in force; s. 57 not in force at Royal Assent see s. 103(3); s. 57 in force for certain purposes for E. at 30.1.2001 by S.I. 2001/114, art. 2(1)(a); s. 57 in force for certain purposes for W. at 1.5.2001 by S.I. 2001/1410, art. 2(c)

I2S. 57 in force at 12.2.2003 for specified purposes for E. by S.I. 2003/272, art. 2(a)

I3S. 57 in force at 31.5.2005 for specified purposes for W. by S.I. 2005/1314, art. 2(b)

I4S. 57 in force at 15.7.2005 for specified purposes for W. by S.I. 2005/1314, art. 3

I5S. 57 in force at 27.9.2005 for specified purposes for E. by S.I. 2005/2459, art. 2(2)(c)

I6S. 57 in force at 21.11.2005 for specified purposes for W. by S.I. 2005/1314, art. 4(b)

I7S. 57 in force at 11.5.2006 for specified purposes for W. by S.I. 2006/1279, art. 2(l)

I8S. 57 in force at 6.12.2006 for specified purposes for W. by S.I. 2006/3257, art. 2(a)

I9S. 57 in force at 21.5.2007 for specified purposes for E. by S.I. 2007/1493, art. 2

Marginal Citations

58 Application for path creation order for purposes of Part I.E+W

[F1(1)An application for the making of a public path creation order under section 26(2) of the 1980 Act may be made—

(a)by Natural England to the Secretary of State, or

(b)for the purpose of enabling the public to obtain access to any access land (within the meaning of Part 1) or of facilitating such access, by [F2the Natural Resources Body for Wales] to the National Assembly for Wales.]

(2)Before making a request under subsection (1), the body making the request shall have regard to any rights of way improvement plan prepared by any local highway authority whose area includes land over which the proposed footpath or bridleway would be created.

59 Effect of Part I on powers to stop up or divert highways.E+W

(1)This section applies to any power to stop up or divert a highway of any description or to make or confirm an order authorising the stopping up or diversion of a highway of any description; and in the following provisions of this section—

(a)the relevant authority” means the person exercising the power, and

(b)the existing highway” means the highway to be stopped up or diverted.

(2)Where the relevant authority is required (expressly or by implication) to consider—

(a)whether the existing highway is unnecessary, or is needed for public use,

(b)whether an alternative highway should be provided, or

(c)whether any public right of way should be reserved,

the relevant authority, in considering that question, is not to regard the fact that any land is access land in respect of which the right conferred by section 2(1) is exercisable as reducing the need for the existing highway, for the provision of an alternative highway or for the reservation of a public right of way.

(3)Where—

(a)the existing highway is situated on, or in the vicinity of, any access land, and

(b)the relevant authority is required (expressly or by implication) to consider the extent (if any) to which the existing highway would, apart from the exercise of the power, be likely to be used by the public,

the relevant authority, in considering that question, is to have regard, in particular, to the extent to which the highway would be likely to be used by the public at any time when the right conferred by section 2(1) is not exercisable in relation to the access land.

(4)In this section “access land” has the same meaning as in Part I.