38EEffect of notice of closure

38E Effect of notice of closure

38E Effect of notice of closure

(1) On publication of the notice closing the council public road concerned—

(a) the road ceases to be a public road, and

(b) the rights of passage and access that previously existed in relation to the road are extinguished.

(2) The land comprising a former road—

(a) in the case of a public road that was previously vested in a council (other than a public road in respect of which no construction has ever taken place)—remains vested in the council, and

(b) in any other case—becomes (or, if previously vested in the Crown, remains) vested in the Crown as Crown land.

pt 4, div 3 (ss 38A–38F): Ins 2017 No 17, Sch 3.2 [7].