Publication of dedication of footpaths and bridleways.

1980 c. 66.

        64.  At the end of section 25 of the Highways Act 1980 (creation of footpath or bridleway by agreement) there shall be inserted the following subsection—

"(6) As soon as may be after the dedication of a footpath or bridleway 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.".

        65.—(1)   In section 27 of the 1968 Act (signposting of footpaths and bridleways) for the words "or bridleway", wherever they occur, there shall be substituted the words "bridleway or byway"; and for the words "and bridleways" in subsection (6) of that section there shall be substituted the words "bridleways and byways".

    (2)  After subsection (7) of that section there shall be inserted the following subsection—

"(8) In this section "byway" means a byway open to all traffic, that is to say, a highway over which the public have a right of way for vehicular and all other kinds of traffic, but which is used by the public mainly for the purposes for which footpaths and bridleways are so used.''

    (3)  The powers of the Secretary of State under this section shall be exercised in accordance with arrangements made by him with the approval of the Treasury.

    (4)  In this section the. expression "holding" means a holding within the meaning of the Agricultural Holdings (Scotland) Acts, 1923 to 1948, or a holding within the meaning of the Small Landholders (Scotland) Acts, 1886 to 1931.

        66.—(1)  In this Part—

"bridleway" means a highway over which the public have the following, but no other, rights of way, that is to say, a right of way on foot and a right of way on horse back or leading a horse, with or without a right to drive animals of any description along the highway;

"byway open to all traffic" means a highway over which the public have a right of way for vehicular and all other kinds of traffic, but which is used by the public mainly for the purpose for which footpaths and bridleways are so used;

"definitive map and statement" has the meaning given by section 53(1);

"footpath" means a highway over which the public have a right of way on foot only, other than such a highway at the side of a public road;

"horse" includes a pony, ass and mule, and "horseback" shall be construed accordingly;

"public path" means a highway being either a footpath or a bridleway;

"right of way to which this Part applies" means a right of way such that the land over which the right subsists is a public path or a byway open to all traffic ;

"surveying authority", in relation to any area, means the county or London borough council whose area includes that area.

    (2)  A highway at the side of a river, canal or other inland navigation shall not be excluded from any definition contained in subsection (1) by reason only that the public have a right to use the highway for purposes of navigation, if the highway would fall within that definition if the public had no such right thereover.

    (3)  The provisions of section 30(1) of the 1968 Act (riding of pedal cycles on bridleways) shall not affect the definition of bridleway in subsection (1) and any rights exercisable by virtue of those provisions shall be disregarded for the purposes of this Part.