Section 16 Byelaws as to highways.

(1)

A byelaw under this Act shall not interfere with any highway, unless made with the consent of the authority having control of the repair of the roads of the town, district, parish, or other area in which the highway is situate, but where it appears to the authority that any highway crosses or runs inconveniently or dangerously near to any land the use of which can be regulated by byelaws under this Act, the authority may consent to a byelaw providing to such extent as seems reasonable for the temporary diversion from time to time of the highway, or for the restriction from time to time of the use thereof.

(2)

any such highway if a footpath F1within the meaning of F2the Highways Act 1980, may (without prejudice to any other power of stopping up or diverting the same) be stopped up or diverted in the manner in which a footpath crossing or running inconveniently or dangerously near to any land leased under Part One of this Act may be stopped up or diverted.

Annotations

Textual amendments

F1: Words inserted (E.W.) by Highways Act 1959 (c. 52), Sch. 22 and London Government Act 1963 (c. 33), s. 16(2)
F2: Words substituted (E.W.) by Highways Act 1980 (c. 66, SIF 59), Sch. 24 para. 1(b)

Notes on Part II

Modifications

C1: Pt. II applied with modifications by Military Lands Act 1900 (c. 56), s. 2; extended by Emergency Laws (Miscellaneous Provisions) Act 1953 (c. 47), s. 1, Sch. 1 para. 8, Atomic Energy Authority Act 1954 (c. 32), s. 6(4), Sch. 3, Defence (Transfer of Functions) Act 1964 (c. 15), s2(3)
C2: Pt. II (ss. 14–18) modified by Dockyard Services Act 1986 (c. 52, SIF 58), s. 3(1)(b)
C3: Power to apply Pt. II with modifications conferred by Supply Powers Act 1975 (c. 9, SIF 57), s. 2, Sch. 1 Pt. I
C4: Pt. II (ss. 14-18) amended (E.W.)(25.9.1991) by Atomic Weapons Establishment Act 1991 (c. 46, SIF 8), ss. 3, 6(2), Sch. para.2 (with s. 1)