PART IVPublic Rights of Way
Creation of new public rights of way
40Compulsory powers for creation of public rights of way
1
Where it appears to the council of a county borough or county district that there is need for a public right of way on foot, or on foot and on horseback, over land in their area and they are satisfied that, having regard to—
a
the extent to which the right of way would add to the convenience or enjoyment of a substantial section of the public, or to the convenience of persons resident in the area, and
b
the effect which the creation of the right of way would have on the rights of persons interested in the land, account being taken of the provisions as to compensation hereinafter contained,
it is expedient that the right of way should be created, the council may by order (hereinafter referred to as a " public path order") made by them and submitted to and confirmed by the Minister create a public right of way over the land.
2
A right of way created by a public path order may be either a right of way on foot only, or a right of way on foot and on horseback, as may be specified in the order, and may be either unconditional or subject to such limitations or conditions as may be so specified.
3
Subject to the provisions of the next following section, the powers conferred by this section shall not be exercisable—
a
by the council of a rural district except with the consent of the county council and, if the county council is not the local planning authority, the consent of that authority;
b
by the council of any other county district, except with the consent of the local planning authority ; and
c
by the council of a county borough, not being the local planning authority, except with the consent of that authority.
4
A public path order shall be in such form as may be prescribed by regulations made by the Minister, and shall contain a map. on such scale as may be so prescribed, defining the land over which a public right of way is thereby created.
5
The provisions in that behalf of the First Schedule to this Act shall have effect as to the making, confirmation, coming into operation and validity of public path orders.
6
References in this section to the creation of a public right of way shall be construed as including references to the widening or extension of the area over which there is an existing public right of way ; and references therein to a right of way on horseback shall be construed as including references to a right of leading a horse along the highway.