Section 13 F1

England and Wales

In relation to a footpath crossing or near to any land leased under this Act, F2the Highways Act 1980 shall have effect as if in F3section 116 thereof (which provides for the stopping up and diversion of highways) there were added to the grounds for stopping up or diverting a highway specified in subsection (1) the ground that the highway crosses or runs inconveniently or dangerously near to any such land:

Provided that—

(a)

a magistrates’ court shall not make an order under the said section 116 authorising the stopping up or diversion of the footpath unless it is satisfied that a new footpath convenient to the public will be substituted therefor, or that the footpath as diverted will be convenient to the public, as the case may be, and

(b)

if the order is made, an appeal shall not lie therefrom F4. . . under F5section 317 of the said Act of 1980 on the ground that the new footpath, or the footpath as diverted, as the case may be, is not convenient to the public.

In this section ’footpath’ has the same meaning as in the said Act of 1959.

Annotations

Textual amendments

F1: S. 13 substituted (E.W.) by Highways Act 1959 (c. 25), Sch. 22 and London Government Act 1963 (c. 33), s. 16(2) which Acts were repealed by Highways Act 1980 (c. 66, SIF 59), Sch. 25, the text following applies to Scotland.
F2: Words substituted (E.W.) by Highways Act 1980 (c. 66, SIF 59), Sch. 24 para. 1(a)
F3: Words substituted (E.W.) by Highways Act 1980 (c. 66, SIF 59), Sch. 24 para. 1(a)
F4: Words in s. 13 repealed (E.W.) (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt. XIII Group1
F5: Words substituted (E.W.) by Highways Act 1980 (c. 66, SIF 59), Sch. 24 para. 1(a)