47 Power of magistrates' court to declare unnecessary highway to be not maintainable at public expense
Highways Act 1980 (1980 c 66) | Legislation

47  Power of magistrates' court to declare unnecessary highway to be not maintainable at public expense

(1)     Where a highway authority are of opinion that a highway maintainable at the public expense by them is unnecessary for public use and therefore ought not to be maintained at the public expense, they may, subject to subsections (2) to (4) below, apply to a magistrates' court for an order declaring that the highway shall cease to be so maintained.

(2)     No application shall be made under this section for an order relating to a trunk road, special road, metropolitan road, footpath or bridleway [footpath, bridleway or restricted byway].

(3)     Where a county council, as highway authority, propose to make an application under this section for an order relating to any highway [in England], they shall give notice of the proposal to the council of the district in which the highway is situated, and the application shall not be made if, within 2 months from the date of service of the notice by the county council, notice is given to the county council by the district council that the district council have refused to consent to the making of the application.

(4)     If a

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