Part I Access to the countryside
Chapter III Means of access
39 Order to remove obstruction.
1
Where at any time two or more access notices relating to a means of access have been given to any person within the preceding thirty-six months, a magistrates’ court may, on the application of the access authority, order that person—
a
within such time as may be specified in the order, to take such steps as may be so specified to remove any obstruction of that means of access, and
b
not to obstruct that means of access at any time when the right conferred by section 2(1) is exercisable.
2
If a person (“the person in default”) fails to comply with an order under this section—
a
he is liable on summary conviction to a fine not exceeding level 3 on the standard scale, and
b
the access authority may remove any obstruction of the means of access and recover from the person in default the costs reasonably incurred by them in doing so.
3
In this section “access notice” means a notice under section 36(3) or 37(1) in respect of which the period specified in the notice has expired, other than a notice in respect of which an appeal is pending or which has been cancelled on appeal.