Powers Of The Local Council Regarding Public Rights of Way
A local council could be any County, District, Parish or Town Council
| Description of Power |
Chapter Reference in the Blue Book |
Legislation | |
| 1 | To make representation to the highway authority that a highway has been unlawfully stopped-up or obstructed, The authority must act unless satified that the representationare incorrect |
9.3 | Highway Act (HA) 1980 s130(6) |
| 2 | To hold for public inspection a copy of the definitve map for the parish or community, and copies of orders made to modify it. |
5.8.3 | Wild Life and Countryside Act WCA 1981 s57(5) |
| 3 | To veto a proposal by a highway authority to apply to a magistrate's court for an order stopping-up or diverting a highway, |
7.5.1 | HA 1980 s116 |
| 4 | To be consulted by a surveying authority on every application for a definitive map modification order (dmmo) |
5.3.4 | WCA 1981 sch 14 |
| 5 | To be consulted by a surveying authority before a dmmo is made | 5.72 | WCA 1981 sch 15 |
| 6 | To Object to a public path order or a dmmo. A copy of every such order, both when made and when confirmed, must be served by the council. | 5.7 and 7.2 | |
| 7 | To undertake the maintenace of any footpath, bridleway or restricted byway | 10.8.2 | HA 1980 ss43 and HA 1980 ss50 |
| 8 | To errect lighting on any footpath or bridleway | 11.9 | Parish Councils Act 1957 sec 3 |
| 9 | To errect notices on footpaths and bridleways warning of local dangers | 11.9 | RTA 1862 s 72 |
| 10 | To errect seats and shelters in, or any land abuting on, any road within the parish. | 11.9 | Parish Councils Act 1957 sec 1 |
| 11 | To prosecute anyone who willfully obstructs the free [assage along any highway | 9.2 and 13.2 | HA 1980 s 137 |
| 12 | To prosecute an occupier who fails to ensure that crops do not inconvenience users of footpaths, bridleways and unmetalled carriageways | 9.6 and 13.2 | HA 1980 s 137A |
| 13 | To prosecute if a fottpath or bridleway has been lawfully ploughed or disturbed but not restored, or if any highway has been unlawfully ploughed or disturbed. | 9.5.7 and 13.2 |
HA 1980 ss 131A and |
| 14 | To insist to the highway authority that a particular footpath, bridleway, restricted byway or byway should be sinposted where it meets a metalled road. | 11.2 | CA 1968 s 27 |
| 15 | To signpost and waymark footpaths, bridleways, restricted byways and byways on behalf of, and with the consent of, the higheway authority | 11.2 | CA 1968 s 27 |
| 16 | To create new highways by agreement with the landowner over land in their own and adjoining parishes or communities | 3.5.3 | HA 1980 s 30 |