Part IXE+W+S+N.I. Lawful and Unlawful Interference With Highways and Streets

Protection of public rightsE+W+S+N.I.

[F1130B Orders following notice under section 130A.E+W

(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.]