http://www.legislation.gov.uk/ukpga/1980/66/section/146Highways Act 1980An Act to consolidate the Highways Acts 1959 to 1971 and related enactments, with amendments to give effect to recommendations of the Law Commission.1981-03-01texttext/xmlenStatute Law Database2026-03-18Expert Participation2026-03-13 Part IX Lawful and Unlawful Interference With Highways and Streets Obstruction of highways and streets Duty to maintain stiles <Abbreviation Expansion="et cetera" xml:lang="la">etc.</Abbreviation> on footpaths <Substitution ChangeId="M_F_ff6161e7-cfc4-494b-feaa-476b0b9a6e00-1496388652978" CommentaryRef="M_F_ff6161e7-cfc4-494b-feaa-476b0b9a6e00">, bridleways and restricted byways</Substitution>.1461Any stile, gate or other similar structure across a footpath , 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 , bridleway or restricted byway.2If 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—ain the case of a footpath , bridleway or restricted byway which is for the time being maintained by a non-metropolitan district council by virtue of section 42 or 50 above, that council, andbin the case of any other footpath , bridleway or restricted byway, the highway authority.3The 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.4The 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.5Subsection (1) above does not apply to any structure—aif any conditions for the maintenance of the structure are for the time being in force under section 147 below,aaif 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, orbif 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 non-metropolitan district council, on the part of either the appropriate authority or the highway authority.S. 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. 2Word inserted by Local Government Act 1985 (c. 51, SIF 81:1), s. 8, Sch. 4 para. 25S. 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. 2Words 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)Words 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)