56 Proceedings for an order to repair highway
Highways Act 1980 (1980 c 66) | Legislation

Enforcement of liability for maintenance

56  Proceedings for an order to repair highway

(1)     A person (“the complainant”) who alleges that a way or bridge—

(a)     is a highway maintainable at the public expense or a highway which a person is liable to maintain under a special enactment or by reason of tenure, enclosure or prescription, and

(b)     is out of repair,

may serve a notice on the highway authority or other person alleged to be liable to maintain the way or bridge (“the respondent”) requiring the respondent to state whether he admits that the way or bridge is a highway and that he is liable to maintain it.

(2)     If, within 1 month from the date of service on him of a notice under subsection (1) above, the respondent does not serve on the complainant a notice admitting both that the way or bridge in question is a highway and that the respondent is liable to maintain it, the complainant may apply to the Crown Court for an order

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