Agriculture (Improvement of Roads) Act 1955
| Jurisdiction | UK Non-devolved |
| Citation | 1955 c. 20 |
| Year | 1955 |
Agriculture (Improvement of Roads) Act, 1955
(4 & 5 Eliz. 2) CHAPTER 20
An Act to make provision, by means of Exchequer grants and otherwise, for the improvement of certain roads situated in, or affording access to, livestock rearing areas; and for purposes connected with the matter aforesaid.
Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
1 Proposals for improvement of roads.
(1) The council—
(a ) of any county, county borough, non-county borough or urban district in England or Wales, or
(b ) of any county in Scotland, not being a county named in the Schedule to this Act,
may submit to the Minister proposals for effecting an improvement to which this Act applies in respect of any unclassified road or unadopted road in the area of the council.
(2) This Act applies to any improvement of a road in the case of which it appears to the council proposing the improvement—
(a ) that the road is situated in, or affords access to, a livestock rearing area, and
(b ) that the improvement would promote the use, or the more efficient use, of land in that area for any purpose of agriculture or forestry.
(3) Subject to the following provisions of this section, the Minister may approve any proposals submitted to him under this section if he is satisfied that the conditions specified in paragraphs (a ) and (b ) of the last preceding subsection are fulfilled in respect of the improvement to which the proposals relate.
(4) The Minister shall not approve any proposals under this section which relate to an unclassified road unless the council submitting the proposals are the highway authority in respect of the road.
(5) The Minister shall not approve any proposals under this section which relate to an unadopted road unless he is satisfied that all requisite steps have been, or will be, taken for securing that the road will become a maintainable highway, and that, on its becoming such a highway, the council submitting the proposals will be the highway authority in respect of the road.
(6) Where proposals approved by the Minister under this section relate to an unadopted road in England or Wales which is a highway, then, without prejudice to the provisions of any other enactment under which such a road may become a maintainable highway, the council submitting the proposals shall have power, by notice exhibited on or near the road, to declare it to be a maintainable highway, and thereupon—
(a ) the road shall become a maintainable highway, and
(b ) if, apart from this subsection, any person would be under an obligation to repair the road (whether under an enactment, or by reason of tenure, enclosure or prescription), that obligation shall be extinguished.
2 Grants towards cost of approved proposals.
(1) Subject to the provisions of this section, the Minister, with the approval of the Treasury, may make grants, out of moneys provided by Parliament, towards expenditure incurred by councils in carrying out proposals which, at any time before the end of the period of seven years beginning with the date of the passing of this Act, are approved by the Minister under the preceding section.
(2) The amount which may be paid to a council by way of grant under this section in respect of any proposals shall be such proportion of the expenditure incurred by the council in carrying out the proposals, and approved by the Minister as having been reasonably incurred, as the Minister, with the approval of the Treasury, may determine in the case...
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