(1)Where the occupier of any agricultural land, or land which is being brought into use for agriculture, desires to carry out in relation to that land an excavation or engineering operation, and the excavation or operation—
(a)is reasonably necessary for the purposes of agriculture, but
(b)will so disturb the surface of a footpath [F3, bridleway or restricted byway] which passes over that land as to render it inconvenient for the exercise of the public right of way,
he may apply to the highway authority for an order that the public right of way shall be subject to the condition that he has the right to disturb the surface by that excavation or operation during such period, not exceeding three months, as is specified in the order (“the authorisation period”).
(2)The highway authority shall make an order under subsection (1) above if they are satisfied either—
(a)that it is practicable temporarily to divert the path or way in a manner reasonably convenient to users; or
(b)that it is practicable to take adequate steps to ensure that the path or way remains sufficiently convenient, having regard to the need for the excavation or operation, for temporary use while it is being carried out.
(3)An order made by a highway authority under subsection (1) above—
(a)may provide for the temporary diversion of the path or way during the authorisation period, but shall not divert it on to land not occupied by the applicant unless written consent to the making of the order has been given to the occupier of that land, and by any other person whose consent is needed to obtain access to it;
(b)may include such conditions as the authority reasonably think fit for the provision, either by the applicant or by the authority at the expense of the applicant, of facilities for the convenient use of any such diversion, including signposts and other notices, stiles, bridges, and gates;
(c)shall not affect the line of a footpath [F3, bridleway or restricted byway] on land not occupied by the applicant;
and the authority shall cause notices of any such diversion, together with a plan showing the effect of the diversion and the line of the alternative route provided, to be prominently displayed throughout the authorisation period at each end of the diversion.
(4)An order made by a highway authority under subsection (1) above may include such conditions as the authority reasonably think fit—
(a)for the protection and convenience during the authorisation period of users of the path or way;
(b)for making good the surface of the path or way to not more than its minimum width before the expiration of the authorisation period;
(c)for the recovery from the applicant of expenses incurred by the authority in connection with the order.
(5)An order under this section shall not authorise any interference with the apparatus or works of any statutory undertakers.
(6)If the applicant fails to comply with a condition imposed under subsection (3)(b) or (4)(a) or (b) above he is guilty of an offence and liable to a fine not exceeding level 3 on the standard scale.
(7)Proceedings for an offence under this section in relation to a footpath [F3, bridleway or restricted byway] shall be brought only by the highway authority or (with the consent of the highway authority) the council of the non-metropolitan district, parish or community in which the offence is committed.
(8)Without prejudice to section 130 (protection of public rights) above, it is the duty of the highway authority to enforce the provisions of this section.
(9)In this section “minimum width”, in relation to a highway, has the same meaning as in Schedule 12A to this Act.]
Textual Amendments
F1Words in s. 135 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. 1; S.I. 2006/1172, art. 2(a)-(d) (with art. 3); S.I. 2006/1279, art. 2(a)-(d) (with art. 3)
F2S. 135 substituted by Rights of Way Act 1990 (c. 24, SIF 59), ss. 1(4), 6(3)
F3Words in s. 135(1)(b)(3)(c)(7) 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)
Modifications etc. (not altering text)
C1S. 135 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