Highways Act 1980

Valid from 16/03/2006

[F1 129B Effect of gating orders E+W

(1) A gating order restricts, to the extent specified in the order, the public right of way over the highway to which it relates.

(2) A gating order may in particular—

(a) restrict the public right of way at all times, or in respect of such times, days or periods as may be specified in the order;

(b) exclude persons of a description specified in the order from the effect of the restriction.

(3) A gating order may not be made so as to restrict the public right of way over a highway for the occupiers of premises adjoining or adjacent to the highway.

(4) A gating order may not be made so as to restrict the public right of way over a highway which is the only or principal means of access to any dwelling.

(5) In relation to a highway which is the only or principal means of access to any premises used for business or recreational purposes, a gating order may not be made so as to restrict the public right of way over the highway during periods when those premises are normally used for those purposes.

(6) A gating order may authorise the installation, operation and maintenance of a barrier or barriers for the purpose of enforcing the restriction provided for in the order.

(7) A council may install, operate and maintain any barrier authorised under subsection (6).

(8) A highway in relation to which a gating order is made shall not cease to be regarded as a highway by reason of the restriction of the public right of way under the order (or by reason of any barrier authorised under this section).

(9) In subsection (4) “dwelling” means any building or part of a building occupied, or intended to be occupied, as a separate dwelling.]

Textual Amendments

F1 Pt. 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)