Valid from 16/03/2006

[F1 Part 8A E+WRestriction of rights over highway

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)

129C Procedure for gating orders E+W

(1) Before making a gating order in relation to a highway a council must notify the occupiers of premises adjacent to or adjoining the highway, in such manner as the appropriate person may by regulations prescribe, of—

(a) the proposed order; and

(b) the period within which they may make representations about it.

(2) The appropriate person must by regulations make provision as to further procedure to be complied with by a council in relation to the making of a gating order.

(3) Regulations under subsection (2) must include provision as to—

(a) the publication of a proposed order;

(b) public availability of copies of a proposed order;

(c) notification of persons (other than those referred to in subsection (1)) likely to be affected by a proposed order;

(d) the making of representations about a proposed order.

(4) Regulations under subsection (2) may include provision—

(a) requiring a council to hold a public inquiry in such circumstances as may be specified in the regulations;

(b) permitting a council to hold a public inquiry at their discretion in such circumstances as may be so specified.

(5) The appropriate person may by regulations specify requirements as to form and content with which a gating order must comply.]