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Highways Act 1980

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Changes over time for: Section 26

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Version Superseded: 12/02/2003

Status:

Point in time view as at 01/11/1991. This version of this provision has been superseded. Help about Status

Changes to legislation:

Highways Act 1980, Section 26 is up to date with all changes known to be in force on or before 28 February 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. Help about Changes to Legislation

26 Compulsory powers for creation of footpaths and bridleways.E+W

(1)Where it appears to a local authority that there is need for a footpath or bridleway over land in their area and they are satisfied that, having regard to—

(a)the extent to which the path or 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 path or way would have on the rights of persons interested in the land, account being taken of the provisions as to compensation contained in section 28 below,

it is expedient that the path or way should be created, the authority may by order made by them and submitted to and confirmed by the Secretary of State, or confirmed by them as an unopposed order, create a footpath or bridleway over the land.

An order under this section is referred to in this Act as a “public path creation order”; and for the purposes of this section “local authority” has the same meaning as in section 25 above.

(2)Where it appears to the Secretary of State in a particular case that there is need for a footpath or bridleway as mentioned in subsection (1) above, and he is satisfied as mentioned in that subsection, he may, after consultation with each body which is a local authority for the purposes of this section in relation to the land concerned, make a public path creation order creating the footpath or bridleway.

(3)A local authority shall, before exercising any power under this section, consult any other local authority or authorities in whose area the land concerned is situated.

(4)A right of way created by a public path creation order may be either unconditional or subject to such limitations or conditions as may be specified in the order.

(5)A public path creation order shall be in such form as may be prescribed by regulations made by the Secretary of State, and shall contain a map, on such scale as may be so prescribed, defining the land over which a footpath or bridleway is thereby created.

(6)Schedule 6 to this Act shall have effect as to the making, confirmation, validity and date of operation of public path creation orders.

Modifications etc. (not altering text)

C2Ss. 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).

C3S. 26: functions of local authority not to be responsibility of an executive of the authority (E.) (16.11.2000) by virtue of S.I. 2000/2853, reg. 2(1), Sch. 1

C4S. 26(2) amended (30.1.2001) by 2000 c. 37, ss. 58(1), 103(2)

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