36 Highways maintainable at public expense
Highways Act 1980 (1980 c 66) | Legislation

Part IV Maintenance of Highways

Highways maintainable at public expense

36  Highways maintainable at public expense

(1)     All such highways as immediately before the commencement of this Act were highways maintainable at the public expense for the purposes of the Highways Act 1959 continue to be so maintainable (subject to this section and to any order of a magistrates' court under section 47 below) for the purposes of this Act.

(2)     Without prejudice to any other enactment (whether contained in this Act or not) whereby a highway may become for the purposes of this Act a highway maintainable at the public expense, and subject to this section and section 232(7) below, and to any order of a magistrates' court under section 47 below, the following highways (not falling within subsection (1) above) shall for the purposes of this Act be highways maintainable at the public expense:—

(a)     a highway constructed by a highway authority, otherwise than on behalf of some other person who is not a highway authority;

(b)     a highway constructed by a council within their own area under [Part II of the Housing Act 1985], other than one in respect of which the local highway authority are satisfied

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