Highways Act 1980

25 Creation of footpath [F1 , bridleway or restricted byway] by agreement. E+W

(1) A local authority may enter into an agreement with any person having the necessary power in that behalf for the dedication by that person of a footpath [F2 , bridleway or restricted byway] over land in their area.

An agreement under this section is referred to in this Act as a “public path creation agreement”.

(2) For the purposes of this section “local authority”—

(a) in relation to land outside Greater London means a county council, a district council F3 . . .; and

(b) in relation to land in Greater London means F4 . . . a London borough council or the Common Council.

(3) Before entering into an agreement under this section a local authority shall consult any other local authority or authorities in whose area the land concerned is situated.

(4) An agreement under this section shall be on such terms as to payment or otherwise as may be specified in the agreement and may, if it is so agreed, provide for the dedication of the footpath [F2 , bridleway or restricted byway] subject to limitations or conditions affecting the public right of way over it.

(5) Where a public path creation agreement has been made it shall be the duty of the local authority who are a party to it to take all necessary steps for securing that the footpath [F2 , bridleway or restricted byway] is dedicated in accordance with it.

[F5 (6) As soon as may be after the dedication of a footpath [F2 , bridleway or restricted byway] in accordance with a public path creation agreement, the local authority who are party to the agreement shall give notice of the dedication by publication in at least one local newspaper circulating in the area in which the land to which the agreement relates is situated.]

Textual Amendments

F1 Words in s. 25 sidenote substituted (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. 1; S.I. 2006/1172, art. 2(a)-(d) (with art. 3); S.I. 2006/1279, art. 2(a)-(d) (with art. 3)

F2 Words in s. 25(1)(4)(5)(6) substituted (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. 1; S.I. 2006/1172, art. 2(a)-(d) (with art. 3); S.I. 2006/1279, art. 2(a)-(d) (with art. 3)

F3 Words in s. 25(2)(a) repealed (1.4.1997) by 1995 c. 25, s. 120(3), Sch.24 (with ss. 7(6), 115, 117); S.I. 1996/2560, art. 2, Sch.

F4 Words repealed by Local Government Act 1985 (c. 51, SIF 81:1), s. 102, Sch. 17

F5 S. 25(6) inserted by Wildlife and Countryside Act 1981 (c. 69, SIF 4:5), s. 64

Modifications etc. (not altering text)

C1 S. 25 extended by Norfolk and Suffolk Broads Act 1988 (c. 4, SIF 81:1), ss. 2(5)(6), 23(2), Sch. 3 para. 47(1)

C2 Ss. 25-29 extended (with modifications) (19.9.1995) by 1995 c. 25, ss. 70, 125(2), Sch. 9 para. 11(a) (with ss. 7(6), 115, 117, Sch. 8 para. 7).

C3 Ss. 25-28 applied (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

C4 S. 25: functions made exercisable concurrently (1.2.2005) by The Cotswolds Area of Outstanding Natural Beauty (Establishment of Conservation Board) Order 2004 (S.I. 2004/1777), arts. 2, 25(1)(2)(xxix), Sch. 1 (with art. 35)

S. 25: functions made exercisable concurrently (1.2.2005) by The Chilterns Area of Outstanding Natural Beauty (Establishment of Conservation Board) Order 2004 (S.I. 2004/1778), arts. 2, 25(1)(2)(xxix), Sch. 1 (with art. 35)

C5 S. 25(1) functions exercisable concurrently (1.4.2018) by The Sub-national Transport Body (Transport for the North) Regulations 2018 (S.I. 2018/103), regs. 1(2), 9(3), 11(c)

C6 S. 25(3)(5)(6) modified (1.4.2018) by The Sub-national Transport Body (Transport for the North) Regulations 2018 (S.I. 2018/103), regs. 1(2), 12(c)(i)