118B Stopping up of certain highways for purposes of crime prevention, etc.
(1) This section applies where it appears to a council—
(a) that, as respects any relevant highway for which they are the highway authority and which is in an area designated by the Secretary of State by order for the purposes of this section, the conditions in subsection (3) below are satisfied and it is expedient, for the purpose of preventing or reducing crime which would otherwise disrupt the life of the community, that the highway should be stopped up, or
(b) that, as respects any relevant highway for which they are the highway authority and which crosses land occupied for the purposes of a school, it is expedient, for the purpose of protecting the pupils or staff from—
(i) violence or the threat of violence,
(ii) harassment,
(iii) alarm or distress arising from unlawful activity, or
(iv) any other risk to their health or safety arising from such activity,
that the highway should be stopped up.
(2) In subsection (1) above “relevant highway” means—
(a) any footpath, bridleway or restricted byway,
(b) any highway which is shown in a definitive map and statement as a footpath, a bridleway, or a restricted byway, but over which the public have a right of way for vehicular and all other kinds of traffic, or
(c) any highway which is shown in a definitive map and statement as a byway open to all traffic,
but does not include a highway that is a trunk road or a special road.
(3) The conditions referred to in subsection (1)(a) above are—
(a) that premises adjoining or adjacent to the highway are affected by high levels of crime, and
(b) that the existence of the highway is facilitating the persistent commission of criminal offences.
(4) Where this section applies, the council may by order made by them and submitted to and confirmed by the Secretary of State, or confirmed as an unopposed order, extinguish the public right of way over the highway.
(5) An order under subsection (4) above is in this Act referred to as a “special extinguishment order”.
(6) Before making a special extinguishment order, the council shall consult the local policing body for the area in which the highway lies.
(7) The Secretary of State shall not confirm a special extinguishment order made by virtue of subsection (1)(a) above, and a council shall not confirm such an order as an unopposed order, unless he or, as the case may be, they are satisfied that the conditions in subsection (3) above are satisfied, that the stopping up of the highway is expedient as mentioned in subsection (1)(a) above and that it is expedient to confirm the order having regard to all the circumstances, and in particular to—
(a) whether and, if so, to what extent the order is consistent with any strategy for the reduction of crime and disorder prepared under section 6 of the Crime and Disorder Act 1998,
(b) the availability of a reasonably convenient alternative route or, if no reasonably convenient alternative route is available, whether it would be reasonably practicable to divert the highway under section 119B below rather than stopping it up, and
(c) the effect which the extinguishment of the right of way would have as respects land served by the highway, account being taken of the provisions as to compensation contained in section 28 above as applied by section 121(2) below.
(8) The Secretary of State shall not confirm a special extinguishment order made by virtue of subsection (1)(b) above, and a council shall not confirm such an order as an unopposed order unless he or, as the case may be, they are satisfied that the stopping up of the highway is expedient as mentioned in subsection (1)(b) above and that it is expedient to confirm the order having regard to all the circumstances, and in particular to—
(a) any other measures that have been or could be taken for improving or maintaining the security of the school,
(b) whether it is likely that the coming into operation of the order will result in a substantial improvement in that security,
(c) the availability of a reasonably convenient alternative route or, if no reasonably convenient alternative route is available, whether it would be reasonably practicable to divert the highway under section 119B below rather than stopping it up, and
(d) the effect which the extinguishment of the right of way would have as respects land served by the highway, account being taken of the provisions as to compensation contained in section 28 above as applied by section 121(2) below.
(9) A special extinguishment order shall be in such form as may be prescribed by regulations made by the Secretary of State and shall contain a map, on such scale as may be prescribed, defining the land over which the public right of way is thereby extinguished.
(10) Schedule 6 to this Act has effect as to the making, confirmation, validity and date of operation of special extinguishment orders.
119 Diversion of footpaths , bridleways and restricted byways.
(1) Where it appears to a council as respects a footpath , bridleway or restricted byway in their area (other than one that is a trunk road or a special road) that, in the interests of the owner, lessee or occupier of land crossed by the path or way or of the public, it is expedient that the line of the path or way, or part of that line, should be diverted (whether on to land of the same or of another owner, lessee or occupier), the council may, subject to subsection (2) below, by order made by them and submitted to and confirmed by the Secretary of State, or confirmed as an unopposed order,—
(a) create, as from such date as may be specified in the order, any such new footpath , bridleway or restricted byway as appears to the council requisite for effecting the diversion, and
(b) extinguish, as from such date as may be specified in the order or determined in accordance with the provisions of subsection (3) below, the public right of way over so much of the path or way as appears to the council requisite as aforesaid.
An order under this section is referred to in this Act as a “public path diversion order”.
(2) A public path diversion order shall not alter a point of termination of the path or way—
(a) if that point is not on a highway, or
(b) (where it is on a highway) otherwise than to another point which is on the same highway, or a highway connected with it, and which is substantially as convenient to the public.
(3) Where it appears to the council that work requires to be done to bring the new site of the footpath , bridleway or restricted byway into a fit condition for use by the public, the council shall—
(a) specify a date under subsection (1)(a) above, and
(b) provide that so much of the order as extinguishes (in accordance with subsection (1)(b) above) a public right of way is not to come into force until the local highway authority for the new path or way certify that the work has been carried out.
(4) A right of way created by a public path diversion order may be either unconditional or (whether or not the right of way extinguished by the order was subject to limitations or conditions of any description) subject to such limitations or conditions as may be specified in the order.
(5) Before determining to make a public path diversion order on the representations of an owner, lessee or occupier of land crossed by the path or way, the council may require him to enter into an agreement with them to defray, or to make such contribution as may be specified in the agreement towards,—
(a) any compensation which may become payable under section 28 above as applied by section 121(2) below, or
(b) where the council are the highway authority for the path or way in question, any expenses which they may incur in bringing the new site of the path or way into fit condition for use for the public, or
(c) where the council are not the highway authority, any expenses which may become recoverable from them by the highway authority under the provisions of section 27(2) above as applied by subsection (9) below.
(6) The Secretary of State shall not confirm a public path diversion order, and a council shall not confirm such an order as an unopposed order, unless he or, as the case may be, they are satisfied that the diversion to be effected by it is expedient as mentioned in subsection (1) above, and further that the path or way will not be substantially less convenient to the public in consequence of the diversion and that it is expedient to confirm the order having regard to the effect which—
(a) the diversion would have on public enjoyment of the path or way as a whole,
(b) the coming into operation of the order would have as respects other land served by the existing public right of way, and
(c) any new public right of way created by the order would have as respects the land over which the right is so created and any land held with it,
so, however, that for the purposes of paragraphs (b) and (c) above the Secretary of State or, as the case may be, the council shall take into account the provisions as to compensation referred to in subsection (5)(a) above.
(6A) The considerations to which—
(a) the Secretary of State is to have regard in determining whether or not to confirm a public path diversion order, and
(b) a council are to have regard in determining whether or not to confirm such an order as an unopposed order,
include any material provision of a rights of way improvement plan prepared by any local highway authority whose area includes land over which the order would create or extinguish a public right of way.
(7) A public path diversion order shall be in such form as may be prescribed by regulations made by the Secretary of State and shall contain a map, on such scale as may be so prescribed,—
(a) showing the existing site of so much of the line of the path or way as is to be diverted by the order and the new site to which it is to be diverted,
(b) indicating whether a new right of way is created by the order over the whole of the new site or whether some part of it is already comprised in a footpath , bridleway or restricted byway, and
(c) where some part of the new site is already so comprised, defining that part.
(8) Schedule 6 to this Act has effect as to the making, confirmation, validity and date of operation of public path diversion orders.
(9) Section 27 above (making up of new footpaths , bridleways and restricted byways) applies to a footpath , bridleway or restricted byway created by a public path diversion order with the substitution, for references to a public path creation order, of references to a public path diversion order and, for references to section 26(2) above, of references to section 120(3) below.
119A Diversion of footpaths, bridleways and restricted byways crossing railways.
(1) This section applies where it appears to a council expedient in the interests of the safety of members of the public using it or likely to use it that a footpath, bridleway or restricted byway in their area which crosses a railway, otherwise than by tunnel or bridge, should be diverted (whether on to land of the same or of another owner, lessee or occupier).
(2) Where this section applies, the council may by order made by them and submitted to and confirmed by the Secretary of State, or confirmed as an unopposed order—
(a) create, as from such date as may be specified in the order, any such new path or way as appears to the council requisite for effecting the diversion, and
(b) extinguish, as from such date as may be specified in the order or determined under subsection (7) below, the public right of way over the crossing and over so much of the path or way of which the crossing forms part as appears to the council requisite as aforesaid.
(3) An order under this section is referred to in this Act as a “rail crossing diversion order”.
(4) The Secretary of State shall not confirm a rail crossing diversion order, and a council shall not confirm such an order as an unopposed order, unless he or, as the case may be, they are satisfied that it is expedient to do so having regard to all the circumstances, and in particular to—
(a) whether it is reasonably practicable to make the crossing safe for use by the public, and
(b) what arrangements have been made for ensuring that, if the order is confirmed, any appropriate barriers and signs are erected and maintained.
(5) A rail crossing diversion order shall not alter a point of termination of a path or way diverted under the order—
(a) if that point is not on a highway over which there subsists a like right of way (whether or not other rights of way also subsist over it), or
(b) (where it is on such a highway) otherwise than to another point which is on the same highway, or another such highway connected with it.
(6) A rail crossing diversion order may make provision requiring the operator of the railway to maintain all or part of the footpath, bridleway or restricted byway created by the order.
(7) Where it appears to the council that work requires to be done to bring the new site of the footpath, bridleway or restricted byway into a fit condition for use by the public, the council shall—
(a) specify a date under subsection (2)(a) above, and
(b) provide that so much of the order as extinguishes (in accordance with subsection (2)(b) above) a public right of way is not to come into force until the local highway authority for the new path or way certify that the work has been carried out.
(8) Before determining to make a rail crossing diversion order on the representations of the operator of the railway crossed by the path or way, the council may require him to enter into an agreement with them to defray, or to make such contribution as may be specified in the agreement towards,—
(a) any compensation which may become payable under section 28 above as applied by section 121(2) below;
(b) any expenses which the council may incur in connection with the erection or maintenance of barriers and signs;
(c) where the council are the highway authority for the path or way in question, any expenses which they may incur in bringing the new site of the path or way into fit condition for use by the public;
(d) where the council are not the highway authority, any expenses which may become recoverable from them by the highway authority under the provisions of section 27(2) above as applied by subsection (11) below.
(9) A rail crossing diversion order shall be in such form as may be prescribed by regulations made by the Secretary of State and shall contain a map, on such scale as may be so prescribed—
(a) showing the existing site of so much of the line of the path or way as is to be diverted by the order and the new site to which it is to be diverted,
(b) indicating whether a new right of way is created by the order over the whole of the new site or whether some part of it is already comprised in a footpath, bridleway or restricted byway, and
(c) where some part of the new site is already so comprised, defining that part.
(10) Schedule 6 to this Act has effect as to the making, confirmation, validity and date of operation of rail crossing diversion orders.
(11) Section 27 above (making up of new footpaths, bridleways and restricted byways) applies to a footpath, bridleway or restricted byway created by a rail crossing diversion order with the substitution, for references to a public path creation order, of references to a rail crossing diversion order and, for references to section 26(2) above, of references to section 120(3) below.
(12) In this section and in section 120 below—
“operator”, in relation to a railway, means any person carrying on an undertaking which includes maintaining the permanent way;
“railway” includes tramway but does not include any part of a system where rails are laid along a carriageway.
119B Diversion of certain highways for purposes of crime prevention, etc.
(1) This section applies where it appears to a council—
(a) that, as respects any relevant highway for which they are the highway authority and which is in an area designated by the Secretary of State by order under section 118B(1)(a) above, the conditions in subsection (3) below are satisfied and it is expedient, for the purpose of preventing or reducing crime which would otherwise disrupt the life of the community, that the line of the highway, or part of that line should be diverted (whether on to land of the same or another owner, lessee or occupier), or
(b) that, as respects any relevant highway for which they are the highway authority and which crosses land occupied for the purposes of a school, it is expedient, for the purpose of protecting the pupils or staff from—
(i) violence or the threat of violence,
(ii) harassment,
(iii) alarm or distress arising from unlawful activity, or
(iv) any other risk to their health or safety arising from such activity,
that the line of the highway, or part of that line, should be diverted (whether on to land of the same or another owner, lessee or occupier).
(2) In subsection (1) above “relevant highway” means—
(a) any footpath, bridleway or restricted byway,
(b) any highway which is shown in a definitive map and statement as a footpath, a bridleway, or a restricted byway, but over which the public have a right of way for vehicular and all other kinds of traffic, or
(c) any highway which is shown in a definitive map and statement as a byway open to all traffic,
but does not include a highway that is a trunk road or a special road.
(3) The conditions referred to in subsection (1)(a) above are—
(a) that premises adjoining or adjacent to the highway are affected by high levels of crime, and
(b) that the existence of the highway is facilitating the persistent commission of criminal offences.
(4) Where this section applies, the council may by order made by them and submitted to and confirmed by the Secretary of State, or confirmed as an unopposed order—
(a) create, as from such date as may be specified in the order, any such—
(i) new footpath, bridleway or restricted byway, or
(ii) in a case falling within subsection (2)(b) or (c) above, new highway over which the public have a right of way for vehicular and all other kinds of traffic,
as appears to the council requisite for effecting the diversion, and
(b) extinguish, as from such date as may be specified in the order or determined in accordance with the provisions of subsection (8) below, the public right of way over so much of the highway as appears to the council to be requisite for the purpose mentioned in paragraph (a) or (b) of subsection (1) above.
(5) An order under subsection (4) above is in this Act referred to as a “special diversion order”.
(6) Before making a special diversion order, the council shall consult the local policing body for the area in which the highway is situated.
(7) A special diversion order shall not alter a point of termination of the highway—
(a) if that point is not on a highway, or
(b) (where it is on a highway) otherwise than to another point which is on the same highway, or a highway connected with it.
(8) Where it appears to the council that work requires to be done to bring the new site of the highway into a fit condition for use by the public, the council shall—
(a) specify a date under subsection (4)(a) above, and
(b) provide that so much of the order as extinguishes (in accordance with subsection (4)(b) above) a public right of way is not to come into force until the local highway authority for the new highway certify that the work has been carried out.
(9) A right of way created by a special diversion order may be either unconditional or (whether or not the right of way extinguished by the order was subject to limitations or conditions of any description) subject to such limitations or conditions as may be specified in the order.
(10) The Secretary of State shall not confirm a special diversion order made by virtue of subsection (1)(a) above, and a council shall not confirm such an order as an unopposed order unless he or, as the case may be, they are satisfied that the conditions in subsection (3) above are satisfied, that the diversion of the highway is expedient as mentioned in subsection (1)(a) above and that it is expedient to confirm the order having regard to all the circumstances, and in particular to—
(a) whether and, if so, to what extent the order is consistent with any strategy for the reduction of crime and disorder prepared under section 6 of the Crime and Disorder Act 1998,
(b) the effect which the coming into operation of the order would have as respects land served by the existing public right of way, and
(c) the effect which any new public right of way created by the order would have as respects the land over which the right is so created and any land held with it,
so, however, that for the purposes of paragraphs (b) and (c) above the Secretary of State or, as the case may be, the council shall take into account the provisions as to compensation contained in section 28 above as applied by section 121(2) below.
(11) The Secretary of State shall not confirm a special diversion order made by virtue of subsection (1)(b) above, and a council shall not confirm such an order as an unopposed order unless he or, as the case may be, they are satisfied that the diversion of the highway is expedient as mentioned in subsection (1)(b) above and that it is expedient to confirm the order having regard to all the circumstances, and in particular to—
(a) any other measures that have been or could be taken for improving or maintaining the security of the school,
(b) whether it is likely that the coming into operation of the order will result in a substantial improvement in that security,
(c) the effect which the coming into operation of the order would have as respects land served by the existing public right of way, and
(d) the effect which any new public right of way created by the order would have as respects the land over which the right is so created and any land held with it,
so, however, that for the purposes of paragraphs (c) and (d) above the Secretary of State or, as the case may be, the council shall take into account the provisions as to compensation contained in section 28 above as applied by section 121(2) below.
(12) A special diversion order shall be in such form as may be prescribed by regulations made by the Secretary of State and shall contain a map, on such scale as may be so prescribed—
(a) showing the existing site of so much of the line of the highway as is to be diverted by the order and the new site to which it is to be diverted,
(b) indicating whether a new right of way is created by the order over the whole of the new site or whether some part of it is already comprised in a highway, and
(c) where some part of the new site is already so comprised, defining that part.
(13) Schedule 6 to this Act has effect as to the making, confirmation, validity and date of operation of special diversion orders.
(14) Section 27 above (making up of new footpaths, bridleways and restricted byways) applies to a highway created by a special diversion order with the substitution—
(a) for references to a footpath, bridleway or restricted byway of references to a footpath, a bridleway, a restricted byway or a highway over which the public have a right of way for vehicular and all other kinds of traffic,
(b) for references to a public path creation order of references to a special diversion order, and
(c) for references to section 26(2) above of references to section 120(3) below.
(15) Neither section 27 nor section 36 above is to be regarded as obliging a highway authority to provide on any highway created by a special diversion order a metalled carriage-way.
119D Diversion of certain highways for protection of sites of special scientific interest.
(1) Subsection (3) below applies where, on an application made in accordance with this section by the appropriate conservation body, it appears to a council, as respects any relevant highway for which they are the highway authority and which is in, forms part of, or is adjacent to or contiguous with, a site of special scientific interest—
(a) that public use of the highway is causing, or that continued public use of the highway is likely to cause, significant damage to the flora, fauna or geological or physiographical features by reason of which the site of special scientific interest is of special interest, and
(b) that it is expedient that the line of the highway, or part of that line should be diverted (whether on to land of the same or another owner, lessee or occupier) for the purpose of preventing such damage.
(2) In subsection (1) “ relevant highway ” means—
(a) a footpath, bridleway or restricted byway,
(b) a highway which is shown in a definitive map and statement as a footpath, a bridleway or a restricted byway but over which the public have a right of way for vehicular and all other kinds of traffic, or
(c) any highway which is shown in a definitive map and statement as a byway open to all traffic,
but does not include any highway that is a trunk road or special road.
(3) Where this subsection applies, the council may, by order made by them and submitted to and confirmed by the Secretary of State, or confirmed as an unopposed order,—
(a) create, as from such date as may be specified in the order, any such—
(i) new footpath, bridleway or restricted byway, or
(ii) in a case falling within subsection (2)(b) or (c) above, new highway over which the public have a right of way for vehicular and all other kinds of traffic,
as appears to the council requisite for effecting the diversion, and
(b) extinguish, as from such date as may be specified in the order or determined in accordance with the provisions of subsection (6) below, the public right of way over so much of the way as appears to the council to be requisite for the purpose mentioned in subsection (1)(b) above.
(4) An order under this section is referred to in this Act as an “ SSSI diversion order ”.
(5) An SSSI diversion order shall not alter a point of termination of the highway—
(a) if that point is not on a highway, or
(b) (where it is on a highway) otherwise than to another point which is on the same highway, or a highway connected with it.
(6) Where it appears to the council that work requires to be done to bring the new site of the highway into a fit condition for use by the public, the council shall—
(a) specify a date under subsection (3)(a) above, and
(b) provide that so much of the order as extinguishes (in accordance with subsection (3)(b) above) a public right of way is not to come into force until the local highway authority for the new highway certify that the work has been carried out.
(7) A right of way created by an SSSI diversion order may be either unconditional or (whether or not the right of way extinguished by the order was subject to limitations or conditions of any description) subject to such limitations or conditions as may be specified in the order.
(8) Before determining to make an SSSI diversion order, the council may require the appropriate conservation body to enter into an agreement with them to defray, or to make such contribution as may be specified in the agreement towards,—
(a) any compensation which may become payable under section 28 above as applied by section 121(2) below,
(b) to the extent that the council are the highway authority for the highway, any expenses which they may incur in bringing the new site of the highway into fit condition for use for the public, or
(c) to the extent that the council are not the highway authority, any expenses which may become recoverable from them by the highway authority under the provisions of section 27(2) above as applied by section 119E(6) below.
(9) The Secretary of State shall not confirm an SSSI diversion order, and a council shall not confirm such an order as an unopposed order, unless he, or as the case may be, they are satisfied that the conditions in subsection (1)(a) and (b) are satisfied, and that it is expedient to confirm the order having regard to the effect which—
(a) the diversion would have on public enjoyment of the right of way as a whole;
(b) the coming into operation of the order would have as respects other land served by the existing public right of way; and
(c) any new public right of way created by the order would have as respects the land over which the right is so created and any land held with it,
so, however, that for the purposes of paragraphs (b) and (c) above the Secretary of State or, as the case may be, the council shall take into account the provisions as to compensation referred to in subsection (8)(a) above.
(10) Schedule 6 to this Act has effect as to the making, confirmation, validity and date of operation of SSSI diversion orders.
(11) This section has effect subject to section 119E below.
(12) In this section—
“ the appropriate conservation body ” means—
as respects England, Natural England , and
as respects Wales, the Natural Resources Body for Wales;
“ site of special scientific interest ” has the same meaning as in the Wildlife and Countryside Act 1981.
(1) An application under section 119D above shall be in such form as may be prescribed and shall be accompanied by—
(a) a map, on such scale as may be prescribed,—
(i) showing the existing site of so much of the line of the highway as would be diverted if the order were made and the new site to which it would be diverted,
(ii) indicating whether a new right of way would be created by the order over the whole of the new site or whether some of it is already comprised in a highway, and
(iii) where some part of the new site is already so comprised, defining that part,
(b) by an assessment in the prescribed form of the effects of public use of the right of way on the site of special scientific interest, and
(c) by such other information as may be prescribed.
(2) At least fourteen days before making an application under section 119D above, the appropriate conservation body shall give a notice in the prescribed form of their intention to do so—
(a) to any owner, lessee or occupier of land over which the proposed order would create or extinguish a public right of way; and
(b) to such other persons as may be prescribed; . . .
(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) A council, in determining whether it is expedient to make or confirm an SSSI diversion order, and the Secretary of State, in determining whether to confirm such an order, shall, in particular, have regard to the following questions—
(a) whether the council would be able to prevent damage of the kind referred to in section 119D(1) above by making a traffic regulation order, and
(b) if so, whether the making of a traffic regulation order would cause less inconvenience to the public than that which would be caused by the diversion of the highway.
(4) The Secretary of State, in determining whether it is expedient to make an SSSI diversion order under section 120(3) below in a case where by virtue of section 22(4) of the Road Traffic Regulation Act 1984 he has power to make a traffic regulation order shall, in particular, have regard to the following questions—
(a) whether he would be able to prevent damage of the kind referred to in section 119D(1) above by making a traffic regulation order, and
(b) if so, whether the making of a traffic regulation order would cause less inconvenience to the public than that which would be caused by the diversion of the highway.
(5) An SSSI diversion order shall be in such form as may be prescribed and shall contain a map, on such scale as may be prescribed,—
(a) showing the existing site of so much of the line of the highway as is to be diverted by the order and the new site to which it is to be diverted,
(b) indicating whether a new right of way is created by the order over the whole of the new site or whether some part of it is already comprised in a highway, and
(c) where some part of the new site is already so comprised, defining that part.
(6) Section 27 above (making up of new footpaths, bridleways and restricted byways) applies to a highway created by an SSSI diversion order with the substitution—
(a) for references to a footpath, bridleway or restricted byway of references to a footpath, a bridleway, a restricted byway or a highway over which the public have a right of way for vehicular and all other kinds of traffic,
(b) for references to a public path creation order, of references to an SSSI diversion order, and
(c) for references to section 26(2) above, of references to section 120(3) below.
(7) Neither section 27 nor section 36 above is to be regarded as obliging a highway authority to provide on any highway created by an SSSI diversion order a metalled carriage-way.
(8) In this section—
“the appropriate conservation body” has the same meaning as in section 119D above;
“prescribed” means prescribed by regulations made by the Secretary of State;
“site of special scientific interest” has the same meaning as in the Wildlife and Countryside Act 1981;
“traffic regulation order” means an order under section 1 or 6 of the Road Traffic Regulation Act 1984.
120 Exercise of powers of making public path extinguishment and diversion orders.
(1) Where a footpath , bridleway or restricted byway lies partly within and partly outside the area of a council the powers conferred by sections 118 , 118A, 119 and 119A above on the council extend, subject to subsection (2) below, to the whole of the path or way as if it lay wholly within their area.
(1A) Where a council are the highway authority for only part of a highway, the powers conferred on the council by sections 118B, 119B and 119D above are exercisable with respect to the whole of the highway, but subject to subsection (2) and only with the consent of every other council which is a highway authority for any other part with respect to which the powers are exercised.
(2) The powers of making orders under sections 118 to 119D above are not exercisable by a council—
(a) with respect to any part of a highway which is within their area, without prior consultation with any other council in whose area that part of the highway is situated;
(b) with respect to any part of a highway which is outside their area, without the consent of every council in whose area it is; and
(c) with respect to any part of a highway in a National Park, without prior consultation with Natural England (if the National Park is in England) or the Natural Resources Body for Wales (if the National Park is in Wales).
(3) Where it appears to the Secretary of State as respects a footpath, bridleway or restricted byway that it is expedient as mentioned in section 118(1) or 118A(1) or 119A(1) above that the path or way should be stopped up or diverted, or where it appears to the Secretary of State as respects a relevant highway as defined by section 118B(2), 119B(2) or 119D(2) that it is expedient as mentioned in section 118B(1)(a) or (b), 119B(1)(a) or (b) or 119D(1)(b) that the highway should be stopped up or diverted or where an owner, lessee or occupier of land crossed by a footpath , bridleway or restricted byway satisfies the Secretary of State that a diversion of it is expedient as mentioned in section 119(1) above, then if—
(a) no council having power to do so have made and submitted to him a public path extinguishment order , a rail crossing extinguishment order, a special extinguishment order, a public path diversion order, a rail crossing diversion order, a special diversion order or an SSSI diversion order, as the case may be, and
(b) the Secretary of State is satisfied that, if such an order were made and submitted to him, he would have power to confirm the order in accordance with the provisions in that behalf of sections 118 to 119D above,
he may himself make the order after consultation (subject to the following provisions of this section) with the appropriate authority and, in the case of an SSSI diversion order, with the appropriate conservation body.
(3A) Where—
(a) the operator of a railway makes a request to a council to make an order under section 118A or 119A above in respect of a crossing over the railway,
(b) the request is in such form and gives such particulars as are prescribed by regulations made by the Secretary of State, and
(c) the council have neither confirmed the order nor submitted it to the Secretary of State within 6 months of receiving the request,
the power conferred on the Secretary of State by subsection (3) above may be exercised without consultation with the council.
(3B) Unless an appeal to the Secretary of State is brought under section 121D(1) below, the power conferred on the Secretary of State by subsection (3) above to make a special extinguishment order or a special diversion order is exercisable only after consultation with the local policing body in whose area the highway lies.
(3C) The power conferred on the Secretary of State by subsection (3) above to make an SSSI diversion order may be exercised even though the appropriate conservation body has not made an application under section 119D above to the council who are the highway authority for the highway.
(3D) Where—
(a) the appropriate conservation body has made an application under section 119D above to a council in respect of a highway for which the council are the highway authority, and
(b) the council have neither confirmed the order nor submitted it to the Secretary of State for confirmation within 6 months of receiving the application,
the power conferred on the Secretary of State by subsection (3) above to make an SSSI diversion order may be exercised without consultation with the council.
(4) A council proposing to make a public path diversion order , a rail crossing diversion order, a special diversion order or an SSSI diversion order such that the authority who will be the highway authority for a part of the highway after the diversion will be a different body from the authority who before the diversion are the highway authority for it shall, before making the order, notify the first mentioned authority.
(5) The Secretary of State may, before determining—
(a) under subsection (3) above, to make a public path diversion order,
(b) under subsection (3) above, to make a public path extinguishment order, special extinguishment order, public path diversion order or special diversion order on an appeal under section 121D(1)(a) below,
(c) to confirm a public path extinguishment order, special extinguishment order, public path diversion order or special diversion order in respect of which an appeal under section 121D(1)(b) or (c) below has been brought, or
(d) under subsection (3) above, to make a rail crossing diversion order on the representations of the operator of the railway concerned,
require the appropriate person to enter into such agreement as he may specify with such council has he may specify for that person to defray, or to make such contribution as may be specified in the agreement towards, any such compensation or expenses as are specified in paragraphs (a), (b) and (c) of section 119(5), or as the case may be, section 118ZA(6), 119A(8) or 119C(3) above.
(6) In subsection (5) above “ the appropriate person ” means—
(a) in a case falling within paragraph (a) of that subsection—
(i) where an appeal under section 121D(1)(a) below has been brought, the appellant, or
(ii) in any other case, the person on whose representations the Secretary of State is acting,
(b) in a case falling within paragraph (b) or (c) of that subsection, the appellant, and
(c) in a case falling within paragraph (d) of that subsection, the operator of the railway concerned.
121 Supplementary provisions as to public path extinguishment and diversion orders.
(1) A public path extinguishment order , a rail crossing extinguishment order, a special extinguishment order a public path diversion order , a rail crossing diversion order, a special diversion order or an SSSI diversion order affecting in any way the area of more than one council may contain provisions requiring one of the councils to defray, or contribute towards, expenses incurred in consequence of the order by another of the councils; and a public path diversion order , a rail crossing diversion order, a special diversion order or an SSSI diversion order diverting a part of the line of a highway from a site in the area of one local highway authority to a site in the area of another may provide that the first mentioned authority are to continue to be the highway authority for that part of the highway after the diversion.
(2) Section 28 above (compensation for loss caused by public path creation order) applies in relation to public path extinguishment orders , rail crossing extinguishment orders, special extinguishment orderspublic path diversion orders , rail crossing diversion orders, special diversion orders and SSSI diversion orders as it applies in relation to public path creation orders but as if—
(a) the references in it to section 26(2) above were references to section 120(3) above, and
(b) in relation to special extinguishment orders, special diversion orders and SSSI diversion orders, the reference in section 28(4) to a footpath, bridleway or restricted byway included a reference to a highway over which the public have a right of way for vehicular and all other kinds of traffic.
(3) Section 29 above (duty to have regard to agriculture, forestry and nature conservation) applies in relation to the making of public path extinguishment orders , rail crossing extinguishment orders, special extinguishment orders public path diversion orders , rail crossing diversion orders, special diversion orders and SSSI diversion orders as it applies in relation to the making of public path creation agreements and public path creation orders.
(4) The Secretary of State shall not make or confirm a public path extinguishment order , a rail crossing extinguishment order, a special extinguishment order a public path diversion order , a rail crossing diversion order, a special diversion order or an SSSI diversion order, and a council shall not confirm such an order as an unopposed order, if the order extinguishes a right of way over land under, in, upon, over, along or across which there is any apparatus belonging to or used by any statutory undertakers for the purpose of their undertaking unless the undertakers have consented to the making or, as the case may be, confirmation of the order.
(5) A consent under subsection (4) above may be given subject to the condition that there are included in the order such provisions for the protection of the undertakers as they reasonably require, but a consent under that subsection shall not be unreasonably withheld, and any question whether the withholding of such a consent is unreasonable or whether any requirement is reasonable shall be determined by the appropriate Minister.
(5A) Before making a determination under subsection (5) above the appropriate Minister may, if he thinks fit, give any person an opportunity to be heard on the question, and he must either give such an opportunity or cause a local inquiry to be held if a request to be heard with respect to the question to be determined is made—
(a) by the statutory undertakers,
(b) in the case of an order made on an application under section 118ZA, 118C, 119ZA or 119C above, by the person who made the application, and
(c) in the case of an order to be made on an appeal under section 121D(1)(a) below, by the appellant.
(5B) The appropriate Minister may appoint any person to exercise on his behalf, with or without payment, the function of determining a question falling to be determined under subsection (5) above.
(5C) Schedule 12ZA to this Act shall have effect with respect to appointments under subsection (5B) above; and subsection (5A) above has effect subject to the provisions of that Schedule.
(5D) Subsections (2) to (5) of section 250 of the Local Government Act 1972 (giving of evidence at, and defraying of costs of, inquiries) shall apply in relation to hearings or local inquiries which the appropriate Minister causes to be held under subsection (5A) above in England as they apply (by virtue of section 302(1) of this Act) to local inquiries which the Secretary of State causes to be held under this Act.
(5E) Section 322A of the Town and Country Planning Act 1990 (orders as to costs where no hearing or inquiry takes place) applies in relation to a hearing or inquiry under subsection (5A) above in England as it applies in relation to a hearing or local inquiry for the purposes referred to in that section, but as if references to the Secretary of State were references to the appropriate Minister.
(5EA) Subsections (2) and (3) of section 250 of the Local Government Act 1972 (evidence at local inquiries) apply in relation to a hearing under subsection (5A) in Wales as they apply (by virtue of section 302(1) of this Act) to a local inquiry under this Act.
(5F) Section 322C of the Town and Country Planning Act 1990 (costs: Wales) applies in relation to a hearing or inquiry under subsection (5A) above in Wales as it applies in relation to a hearing or inquiry mentioned in that section.
(6) In subsections (5) to (5E) above the “appropriate Minister” means—
(a) in relation to statutory undertakers carrying on an undertaking for the supply of . . . , . . . , or hydraulic power, the Secretary of State; and
(b) in relation to any other statutory undertakers, the Minister.
(1) Every council shall keep, in such manner as may be prescribed, a register containing such information as may be prescribed with respect to applications under section 118ZA, 118C, 119ZA or 119C above.
(2) The register shall contain such information as may be prescribed with respect to the manner in which such applications have been dealt with.
(3) Regulations may make provision for the register to be kept in two or more parts, each part containing such information relating to applications under section 118ZA, 118C, 119ZA or 119C above as may be prescribed.
(4) Regulations may make provision—
(a) for a specified part of the register to contain copies of applications and of the maps submitted with them, and
(b) for the entry relating to any application, and everything relating to it, to be removed from any part of the register when the application (including any appeal to the Secretary of State) has been finally disposed of (without prejudice to the inclusion of any different entry relating to it in another part of the register).
(5) Every register kept under this section shall be available for inspection by the public free of charge at all reasonable hours.
(6) In this section—
“prescribed” means prescribed by regulations;
“regulations” means regulations made by the Secretary of State.
122 Power to make temporary diversion where highway about to be repaired or widened.
(1) A highway authority who are about to repair or widen a highway, and a person who is about to repair or widen a highway maintainable by him by reason of tenure, enclosure or prescription, may, subject to the provisions of this section, construct on adjoining land a temporary highway for use while the work is in progress.
(2) Where any damage is sustained by the owner or occupier of any land in consequence of the construction of a highway on that land in exercise of a power conferred by this section the owner or occupier of the land may recover compensation in respect of that damage from the authority or other person by whom the highway was constructed.
(3) Nothing in this section authorises interference with land which is part of the site of a house, or is a garden, lawn, yard, court, park, paddock, plantation, planted walk or avenue to a house, or is inclosed land set apart for building or as a nursery for trees.
(1) The provisions of any enactment contained in the foregoing provisions of this Part of this Act do not prejudice any power conferred by any other enactment (whether contained in this Part of this Act or not) to stop up or divert a highway, and do not otherwise affect the operation of any enactment not contained in this Part of this Act relating to the extinguishment, suspension, diversion or variation of public rights of way.
(2) Unless the context otherwise requires, expressions in the foregoing provisions of this Part of this Act, other than expressions to which meanings are assigned by sections 328 and 329 below, have the same meanings respectively as in the Town and Country Planning Act 1990.
(1) Subject to subsection (3) below, where the highway authority for a highway consider that a private means of access from the highway to any premises is likely to cause danger to, or to interfere unreasonably with, traffic on the highway, they may be authorised by an order made in accordance with this section to stop up the means of access.
(2) An order under this section shall be made by the highway authority for the highway in question and, if they are a strategic highways company or a local highway authority, shall be confirmed either by the Minister or, where subsection (5) below allows, by the highway authority themselves.
(3) No order under this section relating to an access to any premises shall be made by the Minister or, in the case of an order made by any other highway authority, confirmed either by the Minister or by that authority unless the Minister or, as the case may be, the confirming authority is or are satisfied—
(a) that no access to the premises from the highway in question is reasonably required, or
(b) that another reasonably convenient means of access to the premises is available or will be provided by the Minister or, as the case may be, the other highway authority.
(4) Subject to subsection (5) below, the Minister may make regulations for prescribing the procedure to be followed in connection with the making and confirmation of orders under this section, and such regulations shall in particular make provision—
(a) for the publication in such manner as may be prescribed by the regulations of notice of the order proposed to be made or confirmed and for service on such persons as may be so prescribed of a copy of that notice and of such other documents, if any, as may be so prescribed;
(b) as to the content of that notice;
(c) for objections to the making of an order by the Minister received within such period as may be so prescribed and not withdrawn, to be considered by him;
(d) for objections to the confirmation of an order made by a...highway authority to be considered by the Minister if any of the objections to the confirmation of the order received within such period as may be so prescribed and not withdrawn was made by an owner, lessee or occupier of any premises with a private means of access which the order would authorise the highway authority to stop up;
(e) for objections to the confirmation of an order made by a ... highway authority received within such period as may be so prescribed and not withdrawn to be considered by the ... highway authority if there is no objection received within that period from an owner, lessee or occupier such as is mentioned in paragraph (d) above or if all such objections so received are withdrawn before the order is referred to the Minister for confirmation;
(f) for the making of modifications in the order, whether in consequence of any objections or otherwise, before the order is made or confirmed.
(5) In the case of an order made bya strategic highways company or a local highway authority under this section—
(a) if no objection to the confirmation of the order is received within the period prescribed by regulations under subsection (4) above; or
(b) if every such objection so received is withdrawn; or
(c) if every such objection so received from an owner, lessee or occupier of any premises with a private means of access which the order would authorise the highway authority to stop up is withdrawn,
the ... highway authority may themselves confirm the order, with or without modifications.
(6) Before confirming an order with modifications the ... highway authority, if they consider that the proposed modifications will make a substantial change in the order, shall inform every such owner, lessee or occupier as is mentioned in subsection (5)(c) above and every other person who appears to them to be likely to be affected by the modifications to the order—
(a) of their intention to make the order; and
(b) of the form in which they propose to make it.
(7) The...highway authority shall give every such person as is mentioned in subsection (6) above an opportunity to make representations with regard to the order, and shall consider any representations with regard to it which any such person makes.
(8) Schedule 2 to this Act has effect as to the validity and date of operation of any order under this section.
125 Further powers to stop up private access to premises.
(1) Subject to subsection (2) below an order under section 14 or 18 above (orders for certain purposes connected with trunk, classified or special roads) and an order under section 248 of the Town and Country Planning Act 1990 (order by Minister or London Borough to stop up or divert highway that crosses etc. a main highway) may authorise the appropriate authority—
(a) to stop up any private means of access to premises adjoining or adjacent to land comprised in the route of the relevant road, or forming the site of any works authorised by the order or by any previous order made under the same enactment;
(b) to provide a new means of access to any such premises.
(2) For the purposes of subsection (1) above—
(a) the appropriate authority in the case of an order under section 248 of the Town and Country Planning Act 1990 is the highway authority for the main highway, and in any other case is the authority by whom the order is made; and
(b) the relevant road is the trunk road, classified road, special road or, as the case may be, main highway to which the order relates.
(3) No order authorising the stopping up of a means of access to premises shall be made or confirmed by the Minister by virtue of subsection (1)(a) above unless he is satisfied—
(a) that no access to the premises is reasonably required, or
(b) that another reasonably convenient means of access to the premises is available or will be provided in pursuance of an order made by virtue of subsection (1)(b) above or otherwise.
(4) Section 252 of the Town and Country Planning Act 1990 (procedure for making certain orders) in its application to an order under section 248 of that Act which by virtue of subsection (1)(a) above authorises the stopping up of a private means of access to premises has effect as if the persons on whom the Minister or, as the case may be, the council of a London borough is required by section 252(2), (3), (10) and (11) to serve certain documents relating to the order included the owner and the occupier of those premises.
In this subsection “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 in the premises, whether in possession or in reversion, and includes also a person holding or entitled to the rents and profits of the premises under a lease the unexpired term of which exceeds 3 years.
126 Provisions supplementary to sections 124 and 125 etc.
(1) Where—
(a) an order under section 124 above, or
(b) an order, by virtue of section 125 above, under section 14 or 18 above or under section 248 of the Town and Country Planning Act 1990,
authorises a highway authority to stop up a private means of access to any premises, then, notwithstanding anything in section 80(3) above, that authority may stop up the access in any way that seems to them appropriate, but not, if the order in question is under section 124 above, so as to obstruct any highway.
(2) Where a means of access to any premises—
(a) is stopped up in pursuance of any such order as is specified in subsection (1) above, or
(b) is limited by virtue of any restrictions imposed on the use (including the crossing) of a special road under Part II of this Act, or by section 13 of the Road Traffic Regulation Act 1967, or by regulations made under that section,
and any person suffers damage in consequence thereof by the depreciation of any interest in the premises to which he is entitled or by being disturbed in his enjoyment of the premises he is entitled to recover compensation in respect of that damage from the appropriate authority.
(3) The appropriate authority for the purpose of subsection (2) above in cases falling within paragraph (a) of that subsection is the highway authority authorised by the order to stop up the means of access and in cases falling within paragraph (b) of that subsection is the special road authority.
(4) Where any person is entitled to compensation in respect of any matter under subsection (2) above he is not entitled to recover compensation in respect of the same matter under any other enactment.
127 Stopping up private access to premises by agreement.
The highway authority for a highway may agree with the occupier of any premises and any other person having an interest in them that any private means of access to the premises from the highway shall be stopped up by that authority in any way which seems to them appropriate but not so as to obstruct any highway; and an agreement under this section may make provision for the payment by the highway authority to the other party of compensation in respect of the damage (if any) suffered by him in consequence of the stopping up of the means of access.
128 Penalty for using access which has been stopped up.
Any person who uses an access which has been stopped up by virtue of section 124, 125 or 127 above other than a person exercising a public right of way is guilty of an offence and liable to a fine not exceeding level 3 on the standard scale.
129 Further provisions with respect to new means of access.
(1) Without prejudice to their power to provide a new means of access to any premises when authorised to do so by an order made under any enactment, a highway authority—
(a) who by virtue of an order under section 124 above or an agreement under section 127 above have stopped up a means of access to any premises or propose to do so; or
(b) who consider it necessary or expedient in connection with the construction, improvement or alteration of a highway to provide a new means of access to any premises,
may, subject to subsection (2) below, provide a new means of access to those premises from any highway or proposed highway.
(2) If a highway authority proposing to provide a new means of access under subsection (1) above are not the highway authority for the highway from which the access will be provided or, as the case may be, will not become the highway authority for it on the completion of its construction, they shall not provide the access without the consent of the authority who are, or will become, the highway authority for that highway.
(3) Where a private means of access to any premises is proposed to be stopped up by virtue of section 124 or 125 above and another means of access to those premises from a highway is available or is to be provided, then, in determining for the purposes of section 124 or 125 whether that other means of access is or, as the case may be, will be reasonably convenient the Minister or, in the case of an order under section 124 which any other highway authority have power to confirm, that authority shall have regard—
(a) to the need, if any, for a means of access from the highway to different places on those premises, and
(b) to any roads, paths or other ways on those or other premises which are or will be capable of providing such a means.
(4) The provision of a new means of access to any premises from a highway under this section or under or by virtue of section 124, 125 or 127 above includes the provision of a road, path or other way on those or any other premises.
(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 found not to exist.
130A Notices to enforce duty regarding public paths.
(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 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.
(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.
(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 for an offence 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.
(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 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.
If the footway of a street that is a highway maintainable at the public expense is damaged by or in consequence of any excavation or other work on land adjoining the street, the highway authority for the highway may make good the damage and recover the expenses reasonably incurred by them in so doing from the owner of the land in question or the person causing or responsible for the damage.
(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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(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.
135 Authorisation of other works disturbing footpath , bridleway or restricted byway.
(1) Where 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 , bridleway or restricted byway 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 to 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 a footpath , bridleway or restricted byway 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 its 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 , bridleway or restricted byway 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.
136 Damage to highway consequent on exclusion of sun and wind.
(1) If a highway which consists of or comprises a carriageway is being damaged in consequence of the exclusion from it of the sun and wind by a hedge or tree (other than a tree planted for ornament or for shelter to a building, courtyard or hop ground), a magistrates’ court may by order require the owner or occupier of the land on which the hedge or tree is growing, so to cut, prune or plash the hedge or prune or lop the tree as to remove the cause of damage.
(2) The power of a magistrates’ court to make an order under subsection (1) above is exercisable on a complaint made by the highway authority for the highway, or, in the case of a highway maintainable by reason of tenure, enclosure or prescription, by the person liable to maintain the highway.
(3) If a person against whom an order under subsection (1) above is made fails to comply with it within 10 days from such date as may be specified in the order, he is guilty of an offence and liable to a fine not exceeding level 1 on the standard scale, and the highway authority or other person on whose complaint the order was made may carry out the work required by the order and may recover the expenses reasonably incurred by them or him in so doing from the person in default.
(4) No person shall be required by an order made under this section, nor is any person permitted by subsection (3) above, to cut or prune a hedge at any time except between the last day of September and the first day of April.
(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 imprisonment for a term not exceeding 51 weeks or a fine or both.
(1A) In relation to an offence committed before the coming into force of section 281(5) of the Criminal Justice Act 2003 (alteration of penalties for certain summary offences: England and Wales), the reference in subsection (1) to 51 weeks is to be read as a reference to 6 months.
(1B) For the purposes of this section it does not matter whether free passage along the highway in question has already been temporarily restricted or temporarily prohibited (whether by a constable, a traffic authority or otherwise).
(1C) In subsection (1B), “traffic authority” has the same meaning as in the Road Traffic Regulation Act 1984 (see section 121A of that Act).
(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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 exceedingone-twentieth of the greater of £5,000 or level 4 on the standard scale 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.
(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 highways” 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.
138 Penalty for erecting building, etc., in highway.
If a person, without lawful authority or excuse, erects a building or fence, or plants a hedge, in a highway which consists of or comprises a carriageway he is guilty of an offence and liable to a fine not exceeding level 3 on the standard scale.