(1) It is the duty of the highway
authority to assert and protect the rights of the public to the
use and enjoyment of any highway for which they are the highway
authority, including any roadside waste which forms part of it.
(2) Any council may assert and protect
the rights of the public to the use and enjoyment of any highway
in their area for which they are not the highway authority,
including any roadside waste which forms part of it.
(3) Without prejudice to subsections (1)
and (2) above, it is the duty of a council who are a highway
authority to prevent, as far as possible, the stopping up or
obstruction of -
(a) the highways for which they are the highway authority,
and
(b) any highway for which they are not the highway
authority, if, in their opinion, the stopping up or
obstruction of that highway would be prejudicial to the
interests of their area.
(4) Without prejudice to the foregoing
provisions of this section, it is the duty of the local highway
authority to prevent any unlawful encroachment on any roadside
waste comprised in a highway for which they are the highway
authority.
(5) Without prejudice to their powers
under section 222 of the Local Government Act 1972, a council
may, in the performance of their functions under the foregoing
provisions of this section, institute legal proceedings in their
own name, defend any legal proceedings and generally take such
steps as they deem expedient.
(6) If the council of a parish or
community or, in the case of a parish or community which does
not have a separate parish or community council, the parish
meeting or a community meeting, represent to a local highway
authority -
(a) that a highway as to which the local highway authority
have the duty imposed by subsection (3) above has been
unlawfully stopped up or obstructed, or
(b) that an unlawful encroachment has taken place on a
roadside waste comprised in a highway for which they are the
highway authority, it is the duty of the local highway
authority, unless satisfied that the representations are
incorrect, to take proper proceedings accordingly and they may
do so in their own name.
(7) Proceedings or steps taken by a
council in relation to an alleged right of way are not to be
treated as unauthorised by reason only that the alleged right is
found not to exist.
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