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(1)Section 36 of the [1980 c. 66.] Highways Act 1980 (highways maintainable at public expense) shall be amended as follows.
(2)In subsection (2), at the end of paragraph (c), the word “and” shall be omitted.
(3)After paragraph (d) of subsection (2), there shall be added—
“(e)a highway, being a footpath or bridleway, created in consequence of a rail crossing diversion order, or of an order made under section 14 or 16 of the [1964 c. 40.] Harbours Act 1964, or of an order made under section 1 or 3 of the Transport and Works Act 1992.”
(4)After subsection (3) there shall be inserted—
“(3A)Paragraph (e) of subsection (2) above shall not apply to a footpath or bridleway, or to any part of a footpath or bridleway, which by virtue of an order of a kind referred to in that subsection is maintainable otherwise than at the public expense.”
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