16Relief from duty to maintain highway

16 Relief from duty to maintain highway

(1)  Where, on an application by the corporation that is made as prescribed in the regulations, a magistrate is satisfied in respect of a country highway –

(a) that it has at no time been formed, made, repaired, or improved by a highway authority; or

(b) that no substantial loss or detriment would be suffered by any person if it ceased to be maintainable by the corporation –

he may, by a local highway order, declare that the highway is not a highway maintainable by the corporation.

(2)  An order under subsection (1) does not prevent the highway to which it relates subsequently becoming a highway maintainable by the corporation.