Highways Act extracts
From GPG
The following are the sections of the Highways Act 1980 that are most used by Rights of Way Officers. You are strongly recommended to be familiar with them.
Some clauses have been omitted where they have no direct relevance. For the full text, see the Act itself.
Section 56. Proceedings for an order to repair highway
(1) A person ('the complainant') who alleges that a way or bridge
a. is a highway maintainable at public expense or a highway which a person is liable to maintain under a special enactment or by reason of tenure, enclosure or prescription; and
b. is out of repair
may serve a notice on the Highway Authority or other person alleged to be liable to maintain the way or bridge ('the respondent') requiring the respondent to state whether he admits that the way or bridge is a highway and that he is liable to maintain it.
(2) If within one month from the date of service on him of a notice under subsection (1) above, the respondent does not serve on the complainant a notice admitting both that the way or bridge in question is a highway and that the respondent is liable to maintain it, the complainant may apply to the Crown Court for an order requiring the respondent, if the court finds that the way or bridge is a highway which the respondent is liable to maintain and is out of repair, to put it in proper repair within such reasonable period as may be specified in the order.
(3) The complainant for an order under subsection (2) above shall give notice in writing of the application to the appropriate officer of the Crown Court and the notice shall specify
a. the situation of the way or bridge to which the application relates;
b. the name of the respondent;
c. the part of the way or bridge which is alleged to be out of repair; and
d. the nature of the alleged disrepair;
and the complainant shall serve a copy of the notice on the respondent.
(4) If, within one month from the date of the service on him of a notice under subsection (1) above, the respondent serves on the complainant a notice admitting both that the way or bridge in question is a highway, and that the respondent is liable to maintain it. the complainant may, within six months from the date of service on him of that notice, apply to a magistrates' court for an order requiring the respondent, if the court finds that the highway is out of repair, to put it in proper repair within such reasonable period as maybe specified in the order.
(5) A court in determining under this section whether a highway is out of repair shall not be required to view the highway unless it thinks fit, and any such view may be made by any two or more of the members of the court.
(6) If at the expiration of the period specified in an order made under subsection (2) or (4) above a magistrates' court is satisfied that the highway to which the order relates has not been put in proper repair, then, unless the court thinks fit to extend the period, it shall by order authorise the complainant (if he has not the necessary power in that behalf) to carry out such works as may be necessary to put the highway in proper repair.
(7) Any expenses which a complainant reasonably incurs in carrying out works authorised by an order under subsection (6) above are recoverable from the respondent summarily as a civil debt.
(8) Where any expenses recoverable under subsection (7) above are recovered from the respondent, then, if the respondent would have been entitled to recover from some other person the whole or part of the expenses of repairing the highway in question if he had repaired it himself, he is entitled to recover from that other person the whole or the like part, as the case may be, of the expenses recovered from him.
(9) Where an application is made under this section for an order requiring the respondent to put in proper repair a footpath or bridleway which, in either case, is a highway maintainable at the public expense and some other person is liable to maintain the footpath or bridleway, under a special enactment or by reason of tenure, enclosure or prescription, that other person has a right to be heard by the court which hears the application, but only on the question whether the footpath or bridleway is in proper repair.
Section 62. General power of improvement
(1) The provisions of this Part of this Act have effect for the purpose of empowering or requiring highway authorities and other persons to improve highways.
(2) Without prejudice to the powers of improvement specifically conferred on highway authorities by the following provisions of this Part of this Act, any such authority may, subject to subsection
(3) below, carry out, in relation to a highway maintainable at the public expense by them, any work (including the provision of equipment) for the improvement of the highway.
(3) Notwithstanding subsection (2) above, but without prejudice to any enactment not contained in this Part of this Act, work on any of the following descriptions shall be carried out only under the powers specifically conferred by the following provisions of this Part of this Act, and not under this section –
(a) the division of carriageways, provision of roundabouts and variation of the relative widths of carriageways and footways;
(b) the construction of cycle tracks;
(c) the provision of subways, refuges, pillars, walls, barriers, rails, fences or posts for the use or protection of persons using a highway;
(d) the construction and reconstruction of bridges and alteration of level of highways;
(e) the planting of trees, shrubs and other vegetation and laying out of grass verges.
(f) the provision, maintenance, alteration, improvement or other dealing with cattle-grids, bypasses, gates and other works for use in connection with cattle-grids;
(ff) the construction, maintenance or removal of road humps;
(g) the execution of work for the purpose of draining a highway or of otherwise preventing surface water from flowing on to it;
(h) the provision of barriers or other works for the purpose of affording to a highway protection against hazards of nature.
(4) A highway authority may alter or remove any work executed by them under this section.
[Amended by Transport Act 1981 Sch 10 & LGA 84 Sch 17.]
Section 66. Footways and guard-rails etc. for publicly maintainable highways
(3) A Highway Authority may provide and maintain in a highway maintainable at the public expense by them which consists of a footpath [or bridleway], such barriers, [posts, ]rails or fences as they think necessary for the purpose of safeguarding persons using the highway. [amended by CROW2000 S70(1)].
(4) The powers conferred by the foregoing provisions of this section to provide any works include power to alter or remove them.
(5) The power conferred by subsection (3) above, and the power to alter or remove any works provided under that subsection, shall not be exercised so as to obstruct any private access to any premises or interfere with the carrying out of agricultural operations.
(8) A Highway Authority or council shall pay compensation to any person who sustains damage by reason of the execution by them of works under subsection (2) or (3) above.
Section 91. Construction of bridge to carry existing highway maintainable at public expense
A Highway Authority may construct a bridge to carry a highway maintainable at the public expense but the Minister shall not construct such a bridge without the approval of the treasury.
Section 92. Reconstruction of bridge maintainable at public expense
Without prejudice to any other powers they have under this Part of the Act, a Highway Authority may reconstruct a bridge which is a highway maintainable at the public expense by them, either on the same site or on a new site within 200 yards of the old one.
Section 100. Drainage of highways
(1) The Highway Authority for a highway may, for the purpose of draining it or of otherwise preventing surface water from flowing on to it, do all or any of the following:-
a. construct or lay, in the highway or in land adjoining or lying near to the highway, such drains as they consider necessary;
b. erect barriers in the highway or in such land as aforesaid to divert surface water into or through any existing drain;
c. scour, cleanse and keep open all drains situated in the highway or in such land as aforesaid.
(2) Where under subsection (1) above a drain is constructed or laid, or barriers are erected, for the purpose of draining surface water from a highway or, as the case may be, diverting it into an existing drain, the water may be discharged into or through that drain and into any inland waters, whether natural or artificial, or any tidal waters.
(3) A Highway Authority shall pay compensation to the owner or occupier of any land who suffers damage by reason of the exercise by the authority of any power under subsection (1) or (2) above.
(4) If a person, without the consent of the Highway Authority, alters, obstructs or interferes with a drain or barrier which has been constructed, laid or erected by the authority in exercise of their powers under subsection (1) above, or which is under their control, then
a. the authority may carry out any work of repair or reinstatement necessitated by his action and may recover from him the expenses reasonably incurred by them in so doing, and b. without prejudice to their right to exercise that power, he is guilty of an offence and liable to a fine not exceeding three times the amount of those expenses.
(7) A person who is liable to maintain a highway by reason of tenure, enclosure or prescription shall, for the purpose of draining it, have the like powers as are conferred on a Highway Authority by subsections (1) and (2) above for that purpose.
(8) This section is without prejudice to any enactment the purpose of which is to protect water against pollution.
(9) In this section-
'drain' includes a ditch, gutter, watercourse, soak-away, bridge, culvert, tunnel and pipe; and
'owner' in relation to any land, means a person, other than a mortgagee not in possession, who is for the time being entitled to dispose of the fee simple in the land, whether in possession or in reversion, and includes also a person holding or entitled to the rents and profits of the land under a lease the unexpired term of which exceeds three years.
Section 116. Power of magistrates' court to authorise stopping up or diversion of highway
(1) Subject to the provisions of this section, if it appears to a magistrates' court, after a view, if the court thinks fit, by any two or more of the justices composing the court, that a highway (other than a trunk road or a special road) as respects which the highway authority have made an application under this section-
(a) is unnecessary; or
(b) can be diverted so as to make it nearer or more commodious to the public, the court may by order authorise it to be stopped up or, as the case may be, to be so diverted.
(3) If an authority propose to make an application under this section for an order relating to any highway (other than a classified road) they shall give notice of the proposal to-
(a) if the highway is in a non-metropolitan district, the council of that district; and
(aa) if the highway is in Wales, the Welsh council for the area in which it is situated if they are not the highway authority for it; and
(b) if the highway is in England, the council of the parish (if any) in which the highway is situated or, if the parish does not have a separate parish council, to the chairman of the parish meeting; and
(c) if the highway is in Wales, the council (if any) of the community in which the highway is situated;
and the application shall not be made if within two months from the date of service of the notice by the authority notice is given to the authority by the district council or Welsh council or by the parish or community council or, as the case may be, by the chairman of the parish meeting that the council or meeting have refused to consent to the making of the application.
(4) An application under this section may be made, and an order under it may provide, for the stopping up or diversion of a highway for the purposes of all traffic, or subject to the reservation of a footpath or bridleway.
(5) An application or order under Ns section may include two or more highways which are connected with each other.
(6) A magistrates' court shall not make an order under this section unless it is satisfied that the applicant authority have given the notices required by Part I of Schedule 12 to this Act.
(7) On the hearing of an application under this section the applicant authority, any person to whom notice is required to be given under paragraph I of Schedule 12, any person who uses the highway and any other person who would be aggrieved by the making of the order applied for, have a right to be heard.
(8) An order under this section authorising the diversion of a highway-
(a) shall not be made unless the written consent of every person having a legal interest in the land over which the highway is to be diverted is produced to and deposited with the court; and
(b) except in so far as the carrying out of the diversion may necessitate temporary interference with the highway, shall not authorise the stopping up of any part of the highway until the new part to be substituted for the part to be stopped up (including, where a diversion falls to be carried out under orders of two different courts, any necessary continuation of the new part in the area of the other court) has been completed to the satisfaction of two justices of the peace acting for the same petty sessions area as the court by which the order was made and a certificate to that effect signed by them has been transmitted to the clerk of the applicant
authority.
(9) Every order under this section shall have annexed to it a plan signed by the chairman of the court and shall be transmitted by the clerk of the court to the proper officer of the applicant authority, together with any written consents produced to the court under subsection (8) above.
[Amended by LGA 1985 Sch 4 para 24 & Sch 17 and LG(W)A 1994 Sch 7 para 1 1.]
Section 117. Application for order under section 116 on behalf of another person
A person who desires a highway to be stopped up or diverted but is not authorised to make an application for that purpose under section 116 above may request the highway authority to make such an application; and if the authority grant the request they may, as a condition of making the application, require him to make such provision for any costs to be incurred by them in connection with the matter as they deem reasonable.
[Amended by LGA 1985 Sch 17.]
Section 130. Protection of public rights
(1) It is the duty of the Highway Authority to assert and protect the rights of the public to the use and enjoyment of any highway for which they are the Highway Authority, including any roadside waste which forms part of it.
(2) Any council may assert and protect the rights of the public to the use and enjoyment of any highway in their area for which they are not the Highway Authority, including any roadside waste which forms part of it.
(3) Without prejudice to subsections (1) and (2) above, it is the duty of a council who are a Highway Authority to prevent, as far as possible, the stopping up or obstruction of-
(a) the highways for which they are the Highway Authority, and
(b) any highway for which they are not the Highway Authority, if, in their opinion, the stopping up or obstruction of that highway would be prejudicial to the interests of their area.
(4) Without prejudice to the foregoing provisions of this section, it is the duty of a local Highway Authority to prevent any unlawful encroachment on any roadside waste comprised in a highway for which they are the highway authority.
(5) Without prejudice to their powers under section 222 of the Local Government Act 1972. a council may, in the performance of their functions under the foregoing provisions of this section, institute legal proceedings in their own name, defend any legal proceedings and generally take such steps as they deem expedient.
(6) If the council of a parish or community or, in the case of a parish or community which does not have a separate parish or community council, the parish meeting or a community meeting. represent to a local Highway Authority-
(a) that a highway as to which the local Highway Authority have the duty imposed by subsection (3) above has been unlawfully stopped up or obstructed, or
(b) that an unlawful encroachment has taken place on a roadside waste comprised in a highway for which they are the Highway Authority, it is the duty of the local Highway Authority, unless satisfied that the representations are incorrect, to take proper proceedings accordingly and they may do so in their own name.
(7) Proceedings or steps taken by a council in relation to an alleged right of way are not to be treated as unauthorised by reason only that the alleged right is not found to exist. Section 131. Penalty for damaging highway, etc.
(1) If a person, without lawful authority or excuse-
(a) makes a ditch or excavation in a highway which consists of or comprises a carriageway, or
(b) removes any soil or turf from any part of a highway, except for the purpose of improving the highway and with the consent of the Highway Authority for the highway, or
(c) deposits anything whatsoever on a highway so as to damage the highway, or
(d) lights any fire, or discharges any firearm or firework, within 50 feet from the centre of a highway which consists of or comprises a carriageway, and in consequence thereof the highway is damaged, he is guilty of an offence.
(2) If a person without lawful authority or excuse pulls down or obliterates a traffic sign placed on or over a highway, or a milestone or direction post (not being a traffic sign) so placed, he is guilty of an offence; but it is a defence in any proceedings under this subsection to show that the traffic sign, milestone or post was not lawfully so placed.
(3) A person guilty of an offence under this section is liable to a fine not exceeding level 3 on the standard scale.
[Amended by Criminal Justice Act 1982 Ss 35,38,46.]
Section 131A. Disturbance of surface of certain highways
(1) A person who, without lawful authority or excuse, so disturbs the surface of -
(a) a footpath,
(b) a bridleway, or
(c) any other highway which consists of or comprises a carriageway other than a made-up carriageway, as to render it inconvenient for the exercise of the public right of way is guilty of an offence and liable to a fine not exceeding level 3 on the standard scale.
(2) Proceedings under this section shall be brought only by the Highway Authority or the council of the non-metropolitan district, parish or community in which the offence is committed; and, without prejudice to section 130 (protection of public rights) above, it is the duty of the Highway Authority to ensure that where desirable in the public interest such proceedings are brought. [Inserted by Rights of Way Act 1990 s 1(2).]
Section 132. Unauthorised marks on highways
(1) A person who, without either the consent of the Highway Authority for the highway in question or an authorisation given by or under an enactment or a reasonable excuse, paints or otherwise inscribes or affixes any picture, letter, sign or other mark upon the surface of a highway or upon any tree, structure or works on or in a highway is guilty of an offence and liable to a fine not exceeding level 3 on the standard scale or, in the case of a second or subsequent conviction under this subsection, to a fine not exceeding level 4 on the standard scale.
(2) The Highway Authority for a highway may, without prejudice to their powers apart from this subsection and whether or not proceedings in respect of the matter have been taken in pursuance of subsection (1) above, remove any picture, letter, sign or other mark which has, without either the consent of the authority or an authorisation given by or under an enactment, been painted or otherwise inscribed or affixed upon the surface of the highway or upon any tree, structure or works on or in the highway.
Section 134. Ploughing, etc. of footpath or bridleway
(1) Where, in the case of any footpath or bridleway (other than a field-edge path) which passes over a field or enclosure consisting of agricultural land, or land which is being brought into use for agriculture-
(a) the occupier of the field or enclosure desires in accordance with the rules of good husbandry to plough, or otherwise disturb the surface of, all or part of the land comprised in the field or enclosure, and
(b) it is not reasonably convenient in ploughing, or otherwise disturbing the surface of, the land to avoid disturbing the surface of the path or way so as to render it inconvenient for the exercise of the public right of way, the public right of way shall be subject to the condition that the occupier has the right so to plough or otherwise disturb the surface of the path or way.
(2) Subsection (1) above does not apply in relation to any excavation or any engineering operation.
(3) Where the occupier has disturbed the surface of a footpath or bridleway under the right conferred by subsection (1) above he shall within the relevant period, or within an extension of that period granted under subsection (8) below,-
(a) so make good the surface of the path or way to not less than its minimum width as to make it reasonably convenient for the exercise of the right of way; and
(b) so indicate the line of the path or way on the ground to not less than its minimum width that it is apparent to members of the public wishing to use it.
(4) If the occupier fails to comply with the duty imposed by subsection (3) above he is guilty of an offence and liable to a fine not exceeding level 3 on the standard scale.
(5) Proceedings for an offence under this section in relation to a footpath or bridleway shall be brought only by the Highway Authority or the council of the district, parish or community in which the offence is committed.
(6) Without prejudice to section 130 (protection of public rights) above, it is the duty of the Highway Authority to enforce the provisions of this section.
(7) For the purposes of this section 'the relevant period' -
(a) where the disturbance of the surface of the path or way is the first disturbance for the purposes of the sowing of a particular agricultural crop, means fourteen days beginning with the day on which the surface of the path or way was first disturbed for those purposes; or
(b) in any other case, means twenty-four hours beginning with the time when it was disturbed. (8) On an application made to the Highway Authority before the disturbance or during the relevant period, the authority may grant an extension of that period for an additional period not exceeding twenty-eight days.
(9) In this section 'minimum width', in relation to a highway, has the same meaning as in Schedule 12A to this Act.
[Amended by Rights of Way Act 1990 s 1(3).]
Section 135. Authorisation of other works disturbing footpath or bridleway
(1) There the occupier of any agricultural land, or land which is being brought into use for agriculture, desires to carry out in relation to that land an excavation or engineering operation, and the excavation or operation-
(a) is reasonably necessary for the purposes of agriculture, but
(b) will so disturb the surface of a footpath or bridleway which passes over that land as to render it inconvenient for the exercise of the public right of way, he may apply to the Highway Authority for an order that the public right of way shall be subject to the condition that he has the right to disturb the surface by that excavation or operation during such period, not exceeding three months, as is specified in the order ('the authorisation period').
(2) The Highway Authority shall make an order under subsection
(1) above if they are satisfied either-
(a) that it is practicable temporarily to divert the path or way in a manner reasonably convenient to users, or
(b) that it is practicable to take adequate steps to ensure that the path or way remains sufficiently convenient, having regard to the need for the excavation or operation, for temporary use while it is being carried out.
(3) An order made by a Highway Authority under subsection (1) above-
(a) may provide for the temporary diversion of the path or way during the authorisation period, but shall not divert it on to land not occupied by the applicant unless written consent to the making of the order has been given by the occupier of that land, and by any other person whose consent is needed to obtain access to it;
(b) may include such conditions as the authority reasonably think fit for the provision, either by the applicant or by the authority at the expense of the applicant, of facilities for the convenient use of any such diversion, including signposts and other notices, stiles, bridges and gates;
(c) shall not affect the line of the path or way on land not occupied by the applicant; and the authority shall cause notices of any such diversion, together with a plan showing the effect of the diversion and the line of the alternative route provided, to be prominently displayed throughout the authorisation period at each end of the diversion.
(4) An order made by a Highway Authority under subsection (1) above may include such conditions as the authority reasonably think fit-
(a) for the protection and convenience during the authorisation period of users of the path or way;
(b) for making good the surface of the path or way to not more than the minimum width before the expiration of the authorisation period;
(c) for the recovery from the applicant of expenses incurred by the authority in connection with the order.
(5) An order under this section shall not authorise any interference with the apparatus or works of any statutory undertakers.
(6) If the applicant fails to comply with a condition imposed under subsection (3)(b) or (4)(a) or (b) above he is guilty of an offence and liable to a fine not exceeding level 3 on the standard scale.
(7) Proceedings for an offence under this section in relation to a footpath or bridleway shall be brought only by the Highway Authority or (with the consent of the Highway Authority) the council of the non-metropolitan district, parish or community in which the offence is committed.
(8) Without prejudice to section 130 (protection of public rights) above, it is the duty of the Highway Authority to enforce the provisions of this section.
(9) In this section 'minimum width', in relation to a highway, has the same meaning as in Schedule 12A to this Act.
[Amended by Rights of Way Act 1990 s 1(4).]
Section 137. Penalty for wilful obstruction
(1) If a person, without lawful authority or excuse, in any way wilfully obstructs the free passage along a highway he is guilty of an offence and liable to a fine not exceeding level 3 on the standard scale.
[Amended by Police and Criminal Evidence Act 1984.]
Section 137ZA. Power to order offender to remove obstruction
(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."
[Clause introduced by Countryside and Rights of Way Act 2000]
Section 137A. Interference by crops
(1) Where a crop other than grass has been sown or planted on any agricultural land the occupier of the land shall from time to time take such steps as may be necessary-
(a) to ensure that the line on the ground of any relevant highway on the land is so indicated to not less than its minimum width as to be apparent to members of the public wishing to use the highway; and
(b) to prevent the crop from so encroaching on any relevant highway, whether passing over that or adjoining land, as to render it inconvenient for the exercise of the public right of way.
(2) For the purposes of subsection (1) above, a crop shall be treated as encroaching on a highway if, and only if, any part of the crop grows on, or otherwise extends onto or over, the highway in such a way as to reduce the apparent width of the highway to less than its minimum width.
(3) For the purposes of the application of subsection (1) above in the case of a particular crop, the crop shall be treated as grass if, and only if
(a) it is of a variety or mixture commonly used for pasture, silage or haymaking, whether or not it is intended for such a use in that case; and
(b) it is not a cereal crop.
(4) If the occupier fails to comply with the duty imposed by subsection (1) above he is guilty of an offence and liable to a fine not exceeding level 3 on the standard scale.
(5) Without prejudice to section 130 (protection of public rights) above, it is the duty of the Highway Authority to enforce the provisions of this section.
(6) In this section-
'minimum width', in relation to a highway, has the same meaning as in Schedule 12A to this Act, and
'relevant highway' means-
(a) a footpath,
(b) a bridleway, or
(c) any other highway which consists of or comprises a carriageway other than a made-up carriageway.
[Inserted by Rights of Way Act 1990 s 1(5).]
Section 143. Power to remove structures from highways
(1) Where a structure has been erected or set up on a highway otherwise than under a provision of this Act or some other enactment, a competent authority may by notice require the person having control or possession of the structure to remove it within
such time as may be specified in the notice.
For the purposes of this section the following are competent authorities-
(a) in the case of a highway which is for the time being maintained by a non- metropolitan district council by virtue of section 42 or 50 above, that council and also the Highway Authority, and
(b) in the case of any other highway, the Highway Authority.
(2) If a structure in respect of which a notice is served under this section is not removed within the time specified in the notice, the competent authority serving the notice may, subject to subsection (3) below, remove the structure and recover the expenses reasonably incurred by them in so doing from the person having control or possession of the structure.
(3) The authority shall not exercise their power under subsection (2) above until the expiration of one month from the date of service of the notice.
(4) In this section 'structure' includes any machine, pump, post or other object of such a nature as to be capable of causing obstruction, and a structure may be treated for the purposes of this section as having been erected or set up notwithstanding that it is on wheels.
[Amended by LGA 85 Sch 4 para 25.]
Section 145. Powers as to gates across highways
(1) Where there is a gate of less than the minimum width across so much of a highway as consists of a carriageway, or across a highway that is a bridleway, the Highway Authority for the highway may by notice to the owner of the gate require him to enlarge the gate to that width or remove it. In this subsection 'the minimum width' means, in relation to a gate across so much of a highway as consists of a carriageway, 10 feet and, in relation to a gate across a bridleway, 5 feet, measured in either case between the posts of the gate.
(2) If a person on whom a notice under subsection (1) above is served fails to comply, within 21 days from the date of service of the notice on him, with a requirement of the notice, he is guilty of an offence and liable to a fine not exceeding 50p for each day during which the failure continues.
Section 146. Duty to maintain stiles, etc. on footpaths and bridleways
(1) Any stile, gate or other similar structure across a footpath or bridleway shall be maintained by the owner of the land in a safe condition, and to the standard of repair required to prevent unreasonable interference with the rights of the persons using the footpath or bridleway.
(2) If it appears to the appropriate authority that the duty imposed by subsection (1) above is not being complied with, they may, after giving to the owner and occupier not less than 14 days' notice of their intention, take all necessary steps for repairing and making good the stile, gate or other works. For the purposes of this section the appropriate authority is-
(a) in the case of a footpath or bridleway which is for the time being maintained by a non-metropolitan district council by virtue of section 42 or 50 above, that council, and
(b) in the case of any other footpath or bridleway, the Highway Authority.
(3) The appropriate authority may recover from the owner of the land the amount of any expenses reasonably incurred by the authority in and in connection with the exercise of their powers under subsection (2) above, or such part of those expenses as the authority think fit.
(4) The appropriate authority shall contribute not less than a quarter of any expenses shown to their satisfaction to have been reasonably incurred in compliance with subsection (1) above, and may make further contributions of such amount in each case as, having regard to all the circumstances, they consider reasonable.
(5) Subsection (1) above does not apply to any structure-
(a) if any conditions for the maintenance of the structure are for the time being in force under section 147 below,
(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, or
(b) if and so long as, under an agreement in writing with any other person, there is a liability to maintain the structure on the part of the appropriate authority or, where the appropriate authority are a non-metropolitan district council, on the part of either the appropriate authority or the Highway Authority.
Section 147. Power to authorise erection of stiles, etc. on footpath or bridleway
(1) The following provisions of this section apply where the owner, lessee or occupier of agricultural land, or of land which is being brought into use for agriculture, represents to a competent authority, as respects a footpath or bridleway that crosses the land, that for securing that the use, or any particular use, of the land for agriculture shall be efficiently carried on, it is expedient that stiles, gates or other works for preventing the ingress or egress of animals should be erected on the path or way.
For the purposes of this section the following are competent authorities-
(a) in the case of a footpath or bridleway which is for the time being maintained by a non-metropolitan district council by virtue of section 42 or 50 above, that council and also the Highway Authority, and
(b) in the case of any other footpath or bridleway, the Highway Authority.
(2) Where such a representation is made the authority to whom it is made may, subject to such conditions as they may impose for maintenance and for enabling the right of way to be exercised without undue inconvenience to the public, authorise the erection of the stiles, gates or other works.
(2A) In exercising their powers under sub-section (2) above the 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.
(3) Where an authorisation in respect of a footpath or bridleway is granted under this section the public right of way is to be deemed to be subject to a condition that the stiles, gates or works may be erected and maintained in accordance with the authorisation and so long as the conditions attached to it are complied with.
(4) For the purposes of section 143 above, any stile, gate or works erected in pursuance of an authorisation under this section is to be deemed to be erected under this section only if the provisions of the authorisation and any conditions attached to it are complied with.
(5) In this section references to agricultural land and to land being brought into use for agriculture include references to land used or, as the case may be, land being brought into use, for forestry or for the breeding or keeping of horses.
(6) Nothing in this section prejudices any limitation or condition having effect apart from this section.
Section 147ZA. Agreements relating to improvements for benefit of persons with mobility problems
(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.
[Inserted by CROW2000]
Section 148. Penalty for depositing things or pitching booths, etc. on highway
If, without lawful authority or excuse-
[(a) and (b) omitted.]
(c) a person deposits any thing whatsoever on a highway to the interruption of any user of the highway, or,
(d) a hawker or other itinerant trader pitches a booth, stall or stand, or encamps, on a highway, he is guilty of an offence and liable to a fine not exceeding level 3 on the standard scale.
Section 149. Removal of things so deposited on highways as to be a nuisance, etc.
(1) If any thing is so deposited on a highway as to constitute a nuisance, the Highway Authority for the highway may by notice require the person who deposited it there to remove it forthwith and if he fails to comply with the notice the authority may make a complaint to a magistrates' court for a removal and disposal order under this section.
(2) If the Highway Authority for any highway have reasonable grounds for considering-
(a) that any thing unlawfully deposited on the highway constitutes a danger (including a danger caused by obstructing the view) to users of the highway, and
(b) that the thing in question ought to be removed without the delay involved in giving notice or obtaining a removal and disposal order from a magistrates' court under this section, the authority may remove the thing forthwith.
(3) The Highway Authority by whom the thing is removed in pursuance of subsection (2) above may either-
(a) recover from the person by whom it was deposited on the highway, or from any person claiming to be entitled to it, any expenses reasonably incurred by the authority in removing it, or
(b) make a complaint to a magistrates' court for a disposal order under this section.
(4) A magistrates' court may, on a complaint made under this section, make an order authorising the complainant authority-
(a) either to remove the thing in question and dispose of it or, as the case may be, to dispose of the thing in question, and
(b) after payment out of any proceeds arising from the disposal of the expenses incurred in the removal and disposal, to apply the balance, if any, of the proceeds to the maintenance of highways maintainable at the public expense by them.
(5) If the thing in question is not of sufficient value to defray the expenses of removing it, the complainant authority may recover from the person who deposited it on the highway the expenses, or the balance of the expenses. reasonably incurred by them in removing it.
(6) A magistrates' court composed of a single justice may hear a complaint under this section.
Section 154. Cutting or felling etc. trees that overhang or are a danger to roads or footpaths
(1) Where a hedge, tree or shrub overhangs a highway or any other road or footpath to which the public has access so as to endanger or obstruct the passage of vehicles or pedestrians, or obstructs or interferes with the view of drivers of vehicles or the light from a public lamp, or overhangs a highway so as to endanger or obstruct the passage of horse-riders, a competent authority may, by notice either to the owner of the hedge, tree or shrub or to the occupier of the land on which it is growing, require him within 14 days from the date of service of the notice so to lop or cut it as to remove the cause of the danger, obstruction or interference.
For the purposes of this section the following are competent authorities-
(b) in relation to a highway for which a local Highway Authority are the Highway Authority, that authority and also, if the highway is situated in a non-metropolitan district, the council of that district;
(c) in relation to a road or footpath that is not a highway, the local authority in whose area the road or footpath is situated; and 'hedge, tree or shrub' includes vegetation of any description.
(2) Where it appears to a competent authority for any highway, or for any other road or footpath which the public has access
(a) that any hedge, tree or shrub is dead, diseased, damaged. or insecurely rooted, and
(b) that by reason of its condition it, or part of it, is likely to cause danger by failing on the highway, road or footpath, the authority may, by notice either to the owner of the hedge, tree or shrub or to the occupier of the land on which it is situated, require him within 14 days from the date of service of the notice so to cut or fell it as to remove the likelihood of danger.
(3) A person aggrieved by a requirement under subsection (1) or
(2) may appeal to a magistrates' court.
(4) Subject to any order made on appeal, if a person on whom a notice is served under subsection (1) or (2) above fails to comply with it within the period specified in those subsections, the authority who served the notice may carry out the work required by the notice and recover the expenses reasonably incurred by them in so doing from the person in default.
[Amended by LGA 85 Sch 4 para 26.]
Section 164. Power to require removal of barbed wire
(1) Where on land adjoining a highway there is a fence made with barbed wire, or having barbed wire in or on it, and the wire is a nuisance to the highway, a competent authority may by notice served on the occupier of the land require him to abate the nuisance within such time, not being less than one month nor more than six months from the date of service of the notice, as may be specified in it.
For the purposes of this section -
(a) the competent authorities, in relation to any highway, are the Highway Authority and also (where they are not the Highway Authority) the local authority for the area in which the highway is situated;
(b) 'barbed wire' means wire with spikes or jagged projections, and barbed wire is to be deemed to be a nuisance to a highway if it is likely to be injurious to persons or animals lawfully using the highway.
(2) If at the expiration of the time specified in the notice the occupier has failed to comply with the notice, a magistrates' court, if satisfied on complaint made by the authority that the wire is a nuisance to the highway, may order the occupier to abate the nuisance and, if he fails to comply with the order within a reasonable time, the authority may do whatever may be necessary in execution of the order. and recover from him the expenses reasonably incurred by them in so doing.
(3) If the local authority who are a competent authority in relation to the highway concerned are the occupiers of the land in question proceedings under this section may be taken against them by any ratepayer within the area of that local authority and the foregoing provisions apply accordingly in relation to him and to the authority as they apply in relation to an authority and to an occupier of land.
Section 175A. Duty to have regard to needs of disabled and blind in executing works, etc.
(1) In executing works in a street which may impede the mobility of disabled persons or blind persons highway authorities, local authorities and any other person exercising a statutory power to execute works on a highway shall have regard to the needs of such persons.
(2) Any such authority or person as is mentioned in subsection (1) above shall have regard to the needs of disabled persons and blind persons when placing lamp-posts, bollards, traffic-signs, apparatus or other permanent obstructions in a street.
(3) Highway authorities shall have regard to the needs of disabled persons when considering the desirability of providing ramps at appropriate places between carriageways and footways.
(4) In executing in a street any such works as are mentioned in subsection (1) above, any such authority or person as is mentioned in that subsection shall have regard to the needs of blind persons to have any openings, whether temporary or permanent, in the street, properly protected.
(5) Section 28 of the Chronically Sick and Disabled Persons Act 1970 (power to define certain expressions for the purposes of provisions of that Act) shall have effect as if any reference in it to a provision of that Act included a reference to this section.
[Inserted by Disabled Persons Act 1981]
Section 328(2). Meaning of "highway"
(2) Where a highway passes over a bridge or through a tunnel, that bridge or tunnel is to be taken for the purposes of this Act to be a part of the highway.
Section 329. Further provisions as to interpretation
(1) In this Act, except where the context otherwise requires- (...)'agriculture' includes horticulture, fruit growing, seed growing, dairy farming, the breeding and keeping of livestock (including any creature kept for the production of food, wool, skins or fur, or for the purpose of its use in the farming of land), the use of land as grazing land, meadow land, osier land, market gardens and nursery grounds, and the use of the land for woodlands where that use is ancillary to the farming of land for other agricultural purposes, and 'agricultural' is to be construed accordingly.
