Section 120 | Exercise Of Powers Of Making Public Path Extinguishment And Diversion Orders | Highways Act 1980 C66

120 Exercise of powers of making public path extinguishment and diversion orders

Highways Act 1980 (1980 c 66) | Legislation

120 Exercise of powers of making public path extinguishment and diversion orders

(1) Where a footpath[, bridleway or restricted byway] lies partly within and partly outside the area of a council the powers conferred by sections 118 [to 119A] [, 118A, 119 and 119A] above on the council extend, subject to subsection (2) below, to the whole of the path or way as if it lay wholly within their area.

[(1A) Where a council are the highway authority for only part of a highway, the powers conferred on the council by sections 118B, 119B and 119D above are exercisable with respect to the whole of the highway, but subject to subsection (2) and only with the consent of every other council which is a highway authority for any other part with respect to which the powers are exercised.]

(2) The powers of making [orders under sections 118 to 119A [to 119D]] above are not exercisable by a council—

(a) with respect to any part of a footpath or bridleway [highway] which is within their area, without prior consultation with [any] other council in whose area that part of the footpath or bridleway [highway] is situated;

(b) with respect to any part