| (1) |
Subject to the provisions of this
section, every highway maintainable at the public
expense together with the materials and scrapings of it,
vests in the authority who are for the time being the
highway authority for the highway.
|
| (2) |
Subsection (1) above does not apply -
| (a) |
to a highway with respect to the
vesting of which, on its becoming or ceasing to
be a trunk road, provision is made by section
265 below, or
|
| (b) |
to a part of a trunk road with
respect to the vesting of which provision is
made by section 266 below, or
|
| (c) |
to a part of a special road with
respect to the vesting of which provision is
made by section 267 below.
|
|
| (3) |
Where a scheme submitted to the Minister
jointly by two or more local highway authorities under
section 16 above determines which of those authorities
are to be the special road authority for the special
road or any part of it (“the designated authority”)
and the designated authority are not the highway
authority for the road or that part of it, the road or
that part of it vests in the designated authority.
|
| (4) |
Where -
| (a) |
the responsibility for the
maintenance of a bridge or other part of a
highway is transferred to a highway authority by
means of an order under section 93 above, but
the property in it is not so transferred, or
|
| (b) |
the responsibility for the
maintenance of a part of a highway is
transferred to a highway authority in pursuance
of an agreement made under section 94 above, but
the property in that part is not so transferred,
|
the part of the highway in question does not by virtue
of subsection (1) above vest in that highway authority.
|
| (5) |
Notwithstanding anything in subsection
(1) above, any such material as is referred to in that
subsection which is removed from a highway by a non-metropolitan
district council in exercise of their powers under
section 42, 50 or 230(7) above vests in the district
council and not in the highway authority. |