Office of Public Sector Information
PART II continued
(3) As regards their rights of way improvement plan, any draft plan on which representations may be made and any report under section 60(4)(b), a local highway authority shall—
(a) keep a copy available for inspection free of charge at all reasonable times at their principal offices, and
(b) supply a copy to any person who requests one, either free of charge or on payment of a reasonable charge determined by the authority.
(4) Local highway authorities shall, in carrying out their functions under section 60 and this section, have regard to such guidance as may from time to time be given to them by the Secretary of State (as respects England) or the National Assembly for Wales (as respects Wales).
(5) A local highway authority may make arrangements with—
(a) any district council whose area is within their area, or
(b) the National Park authority for a National Park any part of which is within their area,
for the functions of the local highway authority under section 60 and this section so far as relating to the area of that council or to the part of the Park within the local highway authority’s area, to be discharged jointly by the local highway authority and by that council or National Park authority.
(6) Regulations under subsection (1)(g) shall be made by statutory instrument, and a statutory instrument containing such regulations made by the Secretary of State shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(7) In this section—
“local highway authority” has the same meaning as in the 1980 Act;
“the Broads” has the same meaning as in the [1988 c. 4.] Norfolk and Suffolk Broads Act 1988.
(1) The council of an inner London borough or the Common Council of the City of London may by resolution adopt sections 60 and 61 as respects their area or any part of it which is specified in the resolution.
(2) On the passing by any authority of a resolution under subsection (1), sections 60 and 61 shall, as respects their area or the part of it specified in the resolution, apply in relation to that authority—
(a) as they apply in relation to a local highway authority other than an inner London authority, but
(b) with the substitution for the reference in subsection (1) of section 60 to the commencement of that section of a reference to the date on which the resolution comes into operation.
(1) After section 130 of the 1980 Act there is inserted—
(1) Any person who alleges, as respects any highway for which a local highway authority other than an inner London authority are the highway authority—
(a) that the highway falls within subsection (2) below, and
(b) that it is obstructed by an obstruction to which this section applies,
may serve on the highway authority notice requesting them to secure the removal of the obstruction from the highway.
(2) A highway is within this subsection if it is—
(a) a footpath, bridleway, or restricted byway, or
(b) a way shown in a definitive map and statement as a restricted byway or a byway open to all traffic.
(3) Subject to subsection (4) below, this section applies to an obstruction of the highway if the obstruction is without lawful authority and either—
(a) the powers conferred by section 143, 149 or 154 below are exercisable in respect of it, or
(b) it is of a description prescribed by regulations made by the Secretary of State and the authority have power (otherwise than under any of those sections) to secure its removal.
(4) This section does not apply to an obstruction if—
(a) it is or forms part of—
(i) a building (whether temporary or permanent) or works for the construction of a building, or
(ii) any other structure (including a tent, caravan, vehicle or other temporary or movable structure) which is designed, adapted or used for human habitation,
(b) an order may be made in respect of it under section 56 above, or
(c) the presence of any person constitutes the obstruction.
(5) A person serving a notice under subsection (1) above must include in the notice the name and address, if known to him, of any person who it appears to him may be for the time being responsible for the obstruction.
(6) A highway authority on whom a notice under subsection (1) above is served shall, within one month from the date of service of the notice, serve—
(a) on every person whose name and address is, pursuant to subsection (5) above, included in the notice and, so far as reasonably practicable, on every other person who it appears to them may be for the time being responsible for the obstruction, a notice informing that person that a notice under subsection (1) above has been served in relation to the obstruction and stating what, if any, action the authority propose to take, and
(b) on the person who served the notice under subsection (1) above, a notice containing the name and address of each person on whom notice is served under paragraph (a) above and stating what, if any, action the authority propose to take in relation to the obstruction.
(7) For the purposes of this section the persons for the time being responsible for an obstruction include the owner and any other person who for the time being—
(a) has possession or control of it, or
(b) may be required to remove it.
(8) A notice under subsection (1) or (6) above shall be in such form and contain such information as may be prescribed by regulations made by the Secretary of State.
(9) In this section “inner London authority” means Transport for London, the council of an inner London borough or the Common Council of the City of London.
(10) Subsection (2) above has effect until the commencement of section 47 of the Countryside and Rights of Way Act 2000 with the substitution for the references to a restricted byway and to a way shown in a definitive map and statement as a restricted byway of a reference to a way shown in a definitive map and statement as a road used as a public path.
(1) Where a notice under section 130A(1) above has been served on a highway authority in relation to any obstruction, the person who served it, if not satisfied that the obstruction has been removed, may apply to a magistrates' court in accordance with section 130C below for an order under this section.
(2) An order under this section is an order requiring the highway authority to take, within such reasonable period as may be fixed by the order, such steps as may be specified in the order for securing the removal of the obstruction.
(3) An order under this section shall not take effect—
(a) until the end of the period of twenty-one days from the day on which the order is made; or
(b) if an appeal is brought in respect of the order within that period (whether by way of appeal to the Crown Court or by way of case stated for the opinion of the High Court), until the final determination or withdrawal of the appeal.
(4) Subject to subsection (5) below, the court may make an order under this section if it is satisfied—
(a) that the obstruction is one to which section 130A above applies or, in a case falling within subsection (4)(a)(ii) of that section, is one to which that section would apply but for the obstruction having become used for human habitation since service of the notice relating to it under subsection (1) of that section,
(b) that the way obstructed is a highway within subsection (2) of that section, and
(c) that the obstruction significantly interferes with the exercise of public rights of way over that way.
(5) No order shall be made under this section if the highway authority satisfy the court—
(a) that the fact that the way obstructed is a highway within section 130A(2) above is seriously disputed,
(b) on any other grounds, that they have no duty under section 130(3) above to secure the removal of the obstruction, or
(c) that, under arrangements which have been made by the authority, its removal will be secured within a reasonable time, having regard to the number and seriousness of obstructions in respect of which they have such a duty.
(6) A highway authority against whom an order is made under this section shall, as soon as practicable after the making of the order, cause notice of the order and of the right to appeal against it to be displayed in such manner and at such places on the highway concerned as may be prescribed by regulations made by the Secretary of State, and the notice shall be in such form and contain such information as may be so prescribed.
(7) An order under this section may be varied on the application of the highway authority to whom it relates.
(1) A person proposing to make an application under section 130B above shall before making the application serve notice of his intention to do so on the highway authority concerned.
(2) A notice under subsection (1) above shall be in such form and contain such information as may be prescribed by regulations made by the Secretary of State.
(3) The notice may not be served before the end of two months beginning with the date of service on the highway authority of the notice under section 130A(1) above (“the request notice”).
(4) An application in respect of which notice has been served under subsection (1) above may be made at any time—
(a) after the end of five days beginning with the date of service of that notice, and
(b) before the end of six months beginning with the date of service on the highway authority of the request notice.
(5) On making the application the applicant must give notice to the court of the names and addresses of which notice was given to the applicant under section 130A(6)(b) above.
(6) On the hearing of the application any person who is, within the meaning of section 130A above, a person for the time being responsible for the obstruction to which the application relates has a right to be heard as respects the matters mentioned in section 130B(4) above.
(7) Notice of the hearing, of the right to be heard under subsection (6) above and of the right to appeal against a decision on the application shall be given by the court to each person whose name and address is notified to the court under subsection (5) above.
Where an application under section 130B above is dismissed by virtue of paragraph (a), (b) or (c) of subsection (5) of that section, the court, in determining whether and if so how to exercise its power under section 64(1) of the [1980 c. 43.] Magistrates' Courts Act 1980 (costs), shall have particular regard to any failure by the highway authority to give the applicant appropriate notice of, and information about, the grounds relied on by the authority under that paragraph.”
(2) In section 317 of the 1980 Act (appeals to the Crown Court from decisions of magistrates' courts) after subsection (2) there is inserted—
“(3) Any person who, in relation to the decision of a magistrates' court on an application under section 130B above, does not fall within subsection (1) above but—
(a) is, within the meaning of section 130A above, a person for the time being responsible for the obstruction to which the application related, or
(b) when the application was heard, was such a person and was, or claimed to be, heard on the application,
may appeal to the Crown Court against the decision on any ground relating to the matters mentioned in section 130B(4) above.”
(1) After section 137 of the 1980 Act (penalty for wilful obstruction) there is inserted—
(1) Where a person is convicted of an offence under section 137 above in respect of the obstruction of a highway and it appears to the court that—
(a) the obstruction is continuing, and
(b) it is in that person’s power to remove the cause of the obstruction,
the court may, in addition to or instead of imposing any punishment, order him to take, within such reasonable period as may be fixed by the order, such steps as may be specified in the order for removing the cause of the obstruction.
(2) The time fixed by an order under subsection (1) above may be extended or further extended by order of the court on an application made before the end of the time as originally fixed or as extended under this subsection, as the case may be.
(3) If a person fails without reasonable excuse to comply with an order under subsection (1) above, he is guilty of an offence and liable to a fine not exceeding level 5 on the standard scale; and if the offence is continued after conviction he is guilty of a further offence and liable to a fine not exceeding one-twentieth of that level for each day on which the offence is so continued.
(4) Where, after a person is convicted of an offence under subsection (3) above, the highway authority for the highway concerned exercise any power to remove the cause of the obstruction, they may recover from that person the amount of any expenses reasonably incurred by them in, or in connection with, doing so.
(5) A person against whom an order is made under subsection (1) above is not liable under section 137 above in respect of the obstruction concerned—
(a) during the period fixed under that subsection or any extension under subsection (2) above, or
(b) during any period fixed under section 311(1) below by a court before whom he is convicted of an offence under subsection (3) above in respect of the order.”
(2) Subsection (1) does not have effect in relation to any offence under section 137 of the 1980 Act committed before the commencement of this section.
In section 154 of the 1980 Act (cutting or felling etc. trees etc. that overhang or are a danger to roads or footpaths) in subsection (1) after “public lamp,” there is inserted “or overhangs a highway so as to endanger or obstruct the passage of horse-riders,”.
(1) In section 22 of the [1984 c. 27.] Road Traffic Regulation Act 1984 (traffic regulation for special areas in the countryside), in subsection (1)(a)—
(a) the words “(other than Greater London)” are omitted,
(b) at the end of paragraph (vi), the word “or” is omitted, and
(c) before the word “and” at the end of paragraph (vii) there is inserted—
“or
(viii) a site of special scientific interest (within the meaning of the Wildlife and Countryside Act 1981);”.
(2) In subsection (2) of that section, for “the paragraphs of subsection (1) of that section” there is substituted “paragraphs (a) to (g) of subsection (1) of that section and referred to in section 6(1)(b) of this Act”.
(3) After subsection (4) of that section there is inserted—
“(5) In subsection (2) above the reference to conserving the natural beauty of an area shall be construed as including a reference to conserving its flora, fauna and geological and physiographical features.”.
(4) After that section there is inserted—
(1) This section applies to roads other than—
(a) roads to which section 22 of this Act applies,
(b) special roads, or
(c) any road which is a trunk road, a classified road, a GLA road, a cycle track, a bridleway or a footpath, as those expressions are defined by section 329 of the [1980 c. 66.] Highways Act 1980.
(2) This Act shall have effect as respects roads to which this section applies as if, in relation to the making of provision with respect to vehicular traffic, the list of purposes for which a traffic regulation order under section 1 of this Act may be made, as set out in paragraphs (a) to (g) of subsection (1) of that section and referred to in section 6(1)(b) of this Act, included the purpose of conserving or enhancing the natural beauty of the area.
(3) In subsection (2) above the reference to conserving the natural beauty of an area shall be construed as including a reference to conserving its flora, fauna and geological and physiographical features.”
Schedule 7 (which makes amendments relating to the driving of mechanically propelled vehicles elsewhere than on roads) has effect.
(1) This section applies to a way which the owner or occupier (from time to time) of any premises has used as a means of access for vehicles to the premises, if that use of the way—
(a) was an offence under an enactment applying to the land crossed by the way, but
(b) would otherwise have been sufficient to create on or after the prescribed date, and to keep in existence, an easement giving a right of way for vehicles.
(2) Regulations may provide, as respects a way to which this section applies, for the creation in accordance with the regulations, on the application of the owner of the premises concerned and on compliance by him with prescribed requirements, of an easement subsisting at law for the benefit of the premises and giving a right of way for vehicles over that way.
(3) An easement created in accordance with the regulations is subject to any enactment or rule of law which would apply to such an easement granted by the owner of the land.
(4) The regulations may in particular—
(a) require that, where an application is made after the relevant use of the way has ceased, it is to be made within a specified time,
(b) specify grounds on which objections may be made and the procedure to apply to the making of objections,
(c) require any matter to be referred to and determined by the Lands Tribunal, and make provision as to procedure and costs,
(d) make provision as to the payment of any amount by the owner of the premises concerned to any person or into court and as to the time when any payment is to be made,
(e) provide for the determination of any such amount,
(f) make provision as to the date on which any easement is created,
(g) specify any limitation to which the easement is subject,
(h) provide for the easement to include any specified right incidental to the right of way,
(i) make different provision for different circumstances.
(5) In this section—
“enactment” includes an enactment in a local or private Act and a byelaw, regulation or other provision having effect under an enactment;
“owner”, in relation to any premises, means—
a person, other than a mortgagee not in possession, who is for the time being entitled to dispose of the fee simple of the premises, whether in possession or in reversion, or
a tenant under a long lease, within the meaning of the [1987 c. 31.] Landlord and Tenant Act 1987;
“prescribed” means prescribed by regulations;
“regulations” means regulations made, as respects England, by the Secretary of State and, as respects Wales, by the National Assembly for Wales.
(6) Regulations under this section shall be made by statutory instrument, and no such regulations shall be made by the Secretary of State unless a draft has been laid before, and approved by a resolution of, each House of Parliament.
(1) In section 147 of the 1980 Act (power to authorise erection of stiles etc on footpath or bridleway) after subsection (2) there is inserted—
“(2A) In exercising their powers under subsection (2) above a competent authority shall have regard to the needs of persons with mobility problems.
(2B) The Secretary of State may issue guidance to competent authorities as to matters to be taken into account for the purposes of subsection (2) above; and in exercising their powers under subsection (2) above competent authorities shall have regard to any such guidance issued to them.”
(2) In subsection (5) of that section, at the end there is inserted “or for the breeding or keeping of horses.”
(3) After that section there is inserted—
(1) With respect to any relevant structure, a competent authority may enter into an agreement with the owner, lessee or occupier of the land on which the structure is situated which provides—
(a) for the carrying out by the owner, lessee or occupier of any qualifying works and the payment by the competent authority of the whole or any part of the costs incurred by him in carrying out those works, or
(b) for the carrying out by the competent authority of any qualifying works at their own expense or subject to the payment by the owner, lessee or occupier of the whole or any part of the costs incurred in carrying out those works.
(2) In this section—
(a) “competent authority” has the same meaning as in section 147 above,
(b) “relevant structure” means a stile, gate or other structure which—
(i) is authorised by a condition or limitation subject to which the public right of way over the footpath or bridleway was created, or
(ii) is authorised under section 147 above,
but does not include a structure to which an agreement falling within section 146(5)(b) above relates, and
(c) “qualifying works”, in relation to a relevant structure, means works for replacing or improving the structure which will result in a structure that is safer or more convenient for persons with mobility problems.
(3) An agreement under this section may include such conditions as the competent authority think fit.
(4) Those conditions may in particular include conditions expressed to have enduring effect—
(a) for the maintenance of the structure as replaced or improved, and
(b) for enabling the public right of way to be exercised without undue inconvenience to the public.
(5) Where an agreement under this section has been entered into in relation to any structure—
(a) the public right of way is to be deemed to be subject to a condition that the structure as replaced or improved may be erected and maintained in accordance with the agreement so long as any conditions included by virtue of subsection (4) above are complied with,
(b) in a case falling within subsection (2)(b)(i) above, as from the effective date the previous condition or limitation relating to the relevant structure shall cease to have effect, and
(c) in a case falling within subsection (2)(b)(ii) above, as from the effective date the previous authorisation under section 147 above shall cease to have effect in relation to the relevant structure.
(6) In subsection (5) above “the effective date” means—
(a) the first anniversary of the day on which the agreement was entered into, or
(b) such earlier date as may be specified for the purposes of this subsection in the agreement.
(7) For the purposes of section 143 above, any stile, gate or other structure replaced or improved in pursuance of an agreement under this section is to be deemed to be erected under this section only if any conditions included by virtue of subsection (4) above are complied with.
(8) A competent authority may not enter into an agreement under this section except with the consent of every owner, lessee or occupier of the land on which the relevant structure is situated who is not a party to the agreement.
(9) The Secretary of State may issue guidance to competent authorities as to matters to be taken into account for the purposes of this section; and in exercising their powers under this section competent authorities shall have regard to any such guidance issued to them.”
(4) In section 146 of the 1980 Act (duty to maintain stiles etc. on footpaths and bridleways) in subsection (5), before the word “or” at the end of paragraph (a) there is inserted—
“(aa) if any conditions for the maintenance of the structure imposed by virtue of subsection (4) of section 147ZA below are for the time being in force under that section,”.
(5) In section 344 of the 1980 Act (application to Isles of Scilly) in subsection (2)(a) after “147,” there is inserted “147ZA,”.
(1) In section 66(3) of the 1980 Act (works for safeguarding persons using footpaths)—
(a) after “footpath” there is inserted “or bridleway”, and
(b) after “barriers,” there is inserted “posts,”.
(2) In section 134 of that Act, subsection (5) (which limits the persons who may bring proceedings for failure to restore a public path disturbed by ploughing etc.) is omitted.
(3) In section 300 of that Act (right of local authorities to use vehicles and appliances on footways and bridleways), in subsection (1) after “verges,” there is inserted “for preventing or removing obstructions to them or otherwise preventing or abating nuisances or other interferences with them,”.
(4) In section 21(2)(b) of the [1988 c. 52.] Road Traffic Act 1988 (defence to charge of driving or parking on cycle track for highway authority vehicles), after “verges” there is inserted “, or the preventing or removing of obstructions to the cycle track or the preventing or abating in any other way of nuisances or other interferences with the cycle track,”.
(1) The Secretary of State (as respects England) or the National Assembly for Wales (as respects Wales) may make regulations requiring local highway authorities of a description specified in the regulations to publish reports on the performance of any of their functions so far as relating to local rights of way (whether or not those functions are conferred on them as highway authorities).
(2) Subsection (1) is without prejudice to section 230 of the [1972 c. 70.] Local Government Act 1972 (reports and returns).
(3) Regulations under subsection (1) may prescribe the information to be given in such reports and how and when reports are to be published.
(4) Regulations under subsection (1) shall be made by statutory instrument, and a statutory instrument containing such regulations made by the Secretary of State shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(5) In this section—
“local highway authority” has the same meaning as in the 1980 Act, except that it does not include Transport for London; and
“local rights of way” has the same meaning as in section 60.
(1) In this Part, unless a contrary intention appears—
(a) “restricted byway” and “restricted byway rights” have the meaning given by section 48(4);
(b) expressions which are defined for the purposes of Part III of the 1981 Act by section 66(1) of that Act have the same meaning as in that Part.
(2) In this Part any reference to a highway includes a reference to part of a highway.
Countryside and Rights of Way Act 2000