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Highways Act 1980

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Highways Act 1980, Section 130C is up to date with all changes known to be in force on or before 19 November 2017. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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[F1130C Section 130B: procedure.E+W

(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.]

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Amendments (Textual)

F1S. 130C inserted (13.2.2004 for E. and 1.4.2004 for W.) by 2000 c. 37, s. 63(1); S.I. 2004/292, art. 2(a); S.I. 2004/315, art. 2(a)

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