Section 26: Compulsory powers for creation of footpaths , bridleways and restricted byways.

Highways Act 1980 · 1980 c. 66View on legislation.gov.uk

Part III: Creation of Highways

Where it appears to the Secretary of State in a particular case that there is need for a footpath bridleway or restricted byway as mentioned in subsection (1) above, and he is satisfied as mentioned in that subsection, he may, after consultation with each body which is a local authority for the purposes of this section in relation to the land concerned, make a public path creation order creating the footpath bridleway or restricted byway.

A local authorityand a strategic highways company shall, before exercising any power under this section, consult any ... local authority or authorities in whose area the land concerned is situated.

The considerations to which—

the Secretary of State is to have regard in determining whether or not to confirm or make a public path creation order, and
a local authorityand a strategic highways company are to have regard in determining whether or not to confirm such an order as an unopposed order,

include any material provision of a rights of way improvement plan prepared by any local highway authority whose area includes land over which the proposed footpath bridleway or restricted byway would be created.

A right of way created by a public path creation order may be either unconditional or subject to such limitations or conditions as may be specified in the order.

A public path creation order shall be in such form as may be prescribed by regulations made by the Secretary of State, and shall contain a map, on such scale as may be so prescribed, defining the land over which a footpath bridleway or restricted byway is thereby created.

Schedule 6 to this Act shall have effect as to the making, confirmation, validity and date of operation of public path creation orders.

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Reuse reviewed 21 August 2026 under Open Government Licence v3.0.