Local Government Act 1929

38 Saving as to highways repairable by persons other than highway authorities.

(1) Nothing in this Act with respect to main roads or county roads shall affect the liability of any person or body of persons to maintain and repair any highway or part of a highway not repairable by the inhabitants at .large, or, subject as hereinafter provided, affect any exemption from a highway rate granted under section thirty-three of the Highway Act, 1835, or under any other enactment, as continued by any scheme in force under section sixty-four of the [5 & 6 Will. 4. c. 50.] Rating and Valuation Act, 1925:

Provided that for the purpose of securing the continued operation of any such exemption as aforesaid—

(a) the council of every county in which any such exemption is in force shall submit to the Minister a scheme making provision for the purpose aforesaid; and

(b) the provisions contained or incorporated in paragraphs (b), (c) and (d) of subsection (2) of the said section sixty-four and in the proviso to such subsection with respect to the making, approval and effect of schemes to be made thereunder shall apply to schemes to be made under this section with the substitution of references to county councils for references to rating authorities.

(2) For the purposes of this section, the expression “highway ” includes any bridge carrying the highway.