Section 41 - Duty to maintain highways maintainable at public expense
Highways Act 1980


(1) The authority who are for the time being the highway authority for a highway maintainable at the public expense are under a duty, subject to subsections (2) and (4) below, to maintain the highway.

(2) An order made by the Minister under section 10 above directing that a highway proposed to be constructed by him shall become a trunk road any, as regards -

(a) a highway to which this subsection applies which becomes a trunk road by virtue of the order, or

(b) a part of highway to which this subsection applies, being a part which crosses the route of the highway to be so constructed, contain such a direction as is specified in subsection (4) below.

(3) Subsection (2) above applies to -

(a) any highway maintainable at the public expense by a local highway authority, and

(b) any highway other than a highway falling within paragraph (a) above or a highway maintainable under a special enactment or by reason of tenure, enclosure or prescription.

(4) The direction referred to in subsection (2) above is -

(a) in a case where the highway or part of a highway falls within subsection (3)(a) above, a direction that, not withstanding subsection (1) above, it shall be maintained by the highway authority for that highway until such date, not being later than the date on which the new route is opened for the purposes of through traffic, as any be specified in a notice given by the Minister to that authority; and

(b) in a case where the highway or part of a highway falls within subsection (3)(b) above, a direction that, notwithstanding subsection (1) above, the Minister is to be under no duty to maintain it until such date as aforesaid.