Version Superseded: 02/05/2006
Point in time view as at 01/04/1997. This version of this provision has been superseded.
Highways Act 1980, Section 115C is up to date with all changes known to be in force on or before 01 March 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
(1)Subject to subsections (2) and (3) below, a council shall have power to provide, maintain and operate facilities for recreation or refreshment or both on a highway to which this Part of this Act applies.
(2)A council may not exercise the powers conferred by this section on a walkway unless they have first obtained walkway consent.
(3)Where subsection (4) below applies, a council may not exercise the powers conferred by this section unless they have first obtained the consent of the frontagers with an interest.
(4)This subsection applies where the facilities are to be provided—
(a)on a footpath; or
(b)on a bridleway; or
(c)on a footway in relation to which no pedestrian planning order or traffic order is in force.]
Textual Amendments
F1Pt. VIIA (ss. 115A–115K) inserted by Local Government (Miscellaneous Provisions) Act 1982 (c. 30, SIF 81:1), s. 20, Sch. 5 para. 1
Modifications etc. (not altering text)
C1S. 115C applied in part (2.5.2006 for E. and 11.5.2006 for W.) by The Restricted Byways (Application and Consequential Amendment of Provisions) Regulations 2006 (S.I. 2006/1177), regs. 1(2)(4), 2, Sch. Pt. I; S.I. 2006/1172, art. 2; S.I. 2006/1279, art. 2
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