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NPACA1949 S39 PDF Print E-mail

the National Parks & Access to the Countryside Act 1949   (c.97)

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39.   Creation of rights of way by agreement.

(1) The council of a county borough or county district shall have power to enter into an agreement with any person having the necessary power in that behalf for the dedication by that person of a Footpath or Bridleway over land in the county borough or county district, as the case may be:
Provided that the powers conferred by this subsection shall not be exercisable -
(a) by the council of a rural district except with the consent of the County Council and, if the County Council is not the local planning authority, the consent of that authority;
(b) by the council of any other county district except with the consent of the local planning authority; and
(c) by the council of a county borough, not being the local planning authority, except with the consent of that authority.

(2) An agreement made under the last foregoing subsection (hereinafter referred to as a "public path agreement") shall be on such terms as to payment or otherwise as may be specified in the agreement, and may, if it is so agreed, provide for the dedication of the Footpath or Bridleway subject to limitations or conditions affecting the public right of way thereover.

(3) Where a public path agreement has been made it shall be the duty of the council to take all necessary steps for securing that the Footpath or Bridleway is dedicated in accordance therewith.

(4) References in this section to the dedication of a Footpath or Bridleway shall be construed as including references to the widening or extension of a Footpath or Bridleway.




this section REPEALED by ;
Highways Act 1959 sched.25
London Government Act 1963 sched.6



Updated 10/1/2004 [RK]

Last Updated ( Friday, 15 December 2006 )