Textual Amendments
F1Pt. 8A inserted (16.3.2006 for W. for specified purposes, 1.4.2006 for E. and 19.2.2007 for W. in so far as not already in force) by Clean Neighbourhoods and Environment Act 2005 (c. 16), s. 2; S.I. 2006/768, art. 3; S.I. 2006/795, art. 2(2); S.I. 2006/2797, art. 3; S.I. 2007/306, art. 1(2)
(1)A council may in accordance with this Part make an order under this section in relation to any relevant highway for which they are the highway authority.
(2)An order under this section is to be known as a “gating order”.
(3)Before making a gating order in relation to a relevant highway the council must be satisfied that—
(a)premises adjoining or adjacent to the highway are affected by crime or anti-social behaviour;
(b)the existence of the highway is facilitating the persistent commission of criminal offences or anti-social behaviour; and
(c)it is in all the circumstances expedient to make the order for the purposes of reducing crime or anti-social behaviour.
(4)The circumstances referred to in subsection (3)(c) include—
(a)the likely effect of making the order on the occupiers of premises adjoining or adjacentto the highway;
(b)the likely effect of making the order on other persons in the locality; and
(c)in a case where the highway constitutes a through route, the availability of a reasonably convenient alternative route.
(5)In this section “relevant highway” means a highway other than—
(a)a special road;
(b)a trunk road;
(c)a classified or principal road;
(d)a strategic road, within the meaning of sections 60 and 61 of the Traffic Management Act 2004 (strategic roads in London);
(e)a highway of such other description as the appropriate person may by regulations prescribe.]