(1)Any stile, gate or other similar structure across a footpath [F2, bridleway or restricted byway] shall be maintained by the owner of the land in a safe condition, and to the standard of repair required to prevent unreasonable interference with the rights of the persons using the footpath [F2, bridleway or restricted byway].
(2)If it appears to the appropriate authority that the duty imposed by subsection (1) above is not being complied with, they may, after giving to the owner and occupier not less than 14 days’ notice of their intention, take all necessary steps for repairing and making good the stile, gate or other works.
For the purposes of this section the appropriate authority is—
(a)in the case of a footpath [F2, bridleway or restricted byway] which is for the time being maintained by a [F3non-metropolitan] district council by virtue of section 42 or 50 above, that council, and
(b)in the case of any other footpath [F2, bridleway or restricted byway], the highway authority.
(3)The appropriate authority may recover from the owner of the land the amount of any expenses reasonably incurred by the authority in and in connection with the exercise of their powers under subsection (2) above, or such part of those expenses as the authority think fit.
(4)The appropriate authority shall contribute not less than a quarter of any expenses shown to their satisfaction to have been reasonably incurred in compliance with subsection (1) above, and may make further contributions of such amount in each case as, having regard to all the circumstances, they consider reasonable.
(5)Subsection (1) above does not apply to any structure—
(a)if any conditions for the maintenance of the structure are for the time being in force under section 147 below,
[F4(aa)if any conditions for the maintenance of the structure imposed by virtue of subsection (4) of section 147ZA below are for the time being in force under that section,] or
(b)if and so long as, under an agreement in writing with any other person, there is a liability to maintain the structure on the part of the appropriate authority or, where the appropriate authority are a [F3non-metropolitan] district council, on the part of either the appropriate authority or the highway authority.
Textual Amendments
F1Words in s. 146 sidenote substituted (2.5.2006 for E. and 11.5.2006 for W.) by The Restricted Byways (Application and Consequential Amendment of Provisions) Regulations 2006 (S.I. 2006/1177), regs. 1(2)(4), 2, Sch. Pt. I; S.I. 2006/1172, art. 2(a)-(d) (with art. 3); S.I. 2006/1279, art. 2(a)-(d) (with art. 3)
F2Words in s. 146(1)(2)(a)(b) substituted (2.5.2006 for E. and 11.5.2006 for W.) by The Restricted Byways (Application and Consequential Amendment of Provisions) Regulations 2006 (S.I. 2006/1177), regs. 1(2)(4), 2, Sch. Pt. I; S.I. 2006/1172, art. 2(a)-(d) (with art. 3); S.I. 2006/1279, art. 2(a)-(d) (with art. 3)
F3Word inserted by Local Government Act 1985 (c. 51, SIF 81:1), s. 8, Sch. 4 para. 25
F4S. 146(5)(aa) inserted (1.4.2007 for W. and 1.10.2007 for E.) by 2000 c. 37, ss. 69(4), 103(3); S.I. 2006/3257, art. 3; S.I. 2007/2595, art. 2
Modifications etc. (not altering text)
C1S. 146 applied (2.5.2006 for E. and 11.5.2006 for W.) by The Restricted Byways (Application and Consequential Amendment of Provisions) Regulations 2006 (S.I. 2006/1177), regs. 1(2)(4), 2, Sch. Pt. I; S.I. 2006/1172, art. 2; S.I. 2006/1279, art. 2