39 Order to remove obstruction.E+W
(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.