Part II Public rights of way and road traffic
Public rights of way and definitive maps and statements
I1I249 Provisions supplementary to ss. 47 and 48.
1
Every way over which the public have restricted byway rights by virtue of subsection (1) of section 48 (whether or not they also have a right of way for mechanically propelled vehicles or any other right) shall, as from the commencement of that section, be a highway maintainable at the public expense.
2
As from the commencement of that section, any liability, under a special enactment (within the meaning of the M1Highways Act 1980) or by reason of tenure, enclosure or prescription, to maintain, otherwise than as a highway maintainable at the public expense, a restricted byway to which subsection (1) applies is extinguished.
3
Every way which, in pursuance of—
a
paragraph 9 of Part III of Schedule 3 to the M2Countryside Act 1968, or
b
any order made under section 54(1) of the 1981 Act before the coming into force of section 47,
is shown in any definitive map and statement as a byway open to all traffic, a bridleway or a footpath, shall continue to be maintainable at the public expense.
4
Nothing in subsections (1) and (3) or in section 48(1) obliges a highway authority to provide on any way a metalled carriage-way or a carriage-way which is by any other means provided with a surface suitable for cycles or other vehicles.
5
Nothing in section 48, or in section 53 of the 1981 Act, limits the operation of orders under the M3Road Traffic Regulation Act 1984 or the operation of any byelaws.
6
Section 67 of the 1981 Act (application to the Crown) has effect as if this section and sections 47, 48 and 50 were contained in Part III of that Act.