Local Government Act, 1953

Amendment of section 25 of Local Government Act, 1925.

2.—(1) Notwithstanding anything to the contrary contained in section 25 of the Local Government Act, 1925 (No. 5 of 1925) or in any other enactment a road authority is hereby empowered to declare any road over which a public right of way for foot passengers, animals and vehicles exists and which is not a public road to be a public road, if such road authority is satisfied that the road is of general public utility, and every road so declared to be a public road shall thereupon for all purposes be a public road.

(2) Not less than one month before making any such declaration as is mentioned in the foregoing subsection the road authority shall publish in at least two newspapers circulating in their functional area notice of their intention to consider the making of such declaration and such notice shall contain such particulars as may be prescribed.

(3) The making of a declaration under subsection (1) of this section or under subsection (1) of section 25 of the Local Government Act, 1925 (No. 5 of 1925), shall be a reserved function within the meaning of the County Management Acts, 1940 and 1942.