(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.
Commencement Information
I1S. 49 in force at 2.5.2006 for E. by S.I. 2006/1172, art. 2(c)
I2S. 49 in force at 11.5.2006 for W. by S.I. 2006/1279, art. 2(c)
Marginal Citations