The Walkways (Amendment) Regulations 1974

2.  The Walkways Regulations 1973(1) shall have effect as if after Regulation 8 thereof the following regulation were inserted:—

   

“Application of Regulations to walkaway agreements to which district councils are parties

9.— (1) Where by virtue of section 188(6) of the Local Government Act 1972 a walkaway agreement is entered into by a district council but the high-way authority are not a party to that agreement, then in relation to that agreement and to any walkway or proposed walkaway to which that agreement applies these Regulations shall have effect with the following amendments:—

(a) In Regulation 1(2), Regulation 4(1)(a) and Regulation 6(3) and (4) for the words “the highway authority” substitute the words “the district council”;

(b) in Regulation 5(3)(a) and Regulation 6(2)(a) for the words “the highway authority for the walkaway” substitute the words “the district council”; and

(c) in Regulation 8(3) for the words “the highway authority for the former walkway” substitute the words “the district council (after consulting the highway authority for the former walkway)”.

(2) Where by virtue of section 188(6) of the Local Government Act 1972 a walkway agreement is entered into by a district council by the highway authority are also a party to that agreement, then in relation to that agreement and to any walkway or proposed walkway to which that agreement applies these Regulations shall have effect with the following amendments:—

(a) in Regulation 1(2) and Regulation 4(1)(a) after the words “the highway authority” insert the words “and the district council”;

(b) in Regulation 5(3)(a) after the words “to the highway authority for the walkway” insert the words “to the district council”;

(c) in Regulation 6(2)(a) after the words “to the highway authority for the walkway” insert the words “and to the district council”;

(d) in Regulation 6(4) for the words “If the highway authority themselves object to the proposed stopping up, or if they consider that” substitute the words “If the highway authority or the district council object to the proposed stopping up, or if the highway authority (after consulting the district council) consider that”, and for the word “they”, where secondly occurring, substitute the words “the highway authority”; and

(e) in Regulation 8(3) after the words “the highway authority for the former walkway” insert the words “(after consulting the district council)”.

(3) In this Regulation and in the amendments made by this Regulation to the preceding Regulations the expression “the district council”, in relation to a walkway or proposed walkway, means the council of the district in which the walkway or proposed walkway is, or (as the case may be) will be, situated.”

   

(1)

(1973 i. p. 2281).