Part IXE+W Lawful and Unlawful Interference With Highways and Streets

Damage to highways, streets etc.E+W

Prospective

[F1135B Temporary diversion for dangerous works: supplementary.E+W

(1)The person by whom a footpath or bridleway is diverted under section 135A above shall, before the diversion ceases to be authorised by that section, make good any damage to the footpath or bridleway resulting from the works mentioned in subsection (1) of that section, and remove from the footpath or bridleway any obstruction resulting from those works.

(2)Any person who fails to comply with the duty imposed on him by subsection (1) above is guilty of an offence and liable to a fine not exceeding level 3 on the standard scale.

(3)The highway authority may make good any damage, or remove any obstruction, in respect of which any person has failed to comply with that duty and recover from that person the amount of any expenses reasonably incurred by them in or in connection with doing so.

(4)Paragraph 3(1) of Schedule 12A to this Act does not apply in relation to any disturbance of the surface of a footpath or bridleway which subsection (1) above requires any person to make good; but paragraphs 7 and 8 of that Schedule apply for the purposes of subsection (3) above as if—

(a)references to the authority were references to the highway authority,

(b)references to the work were references to work carried out under subsection (3) above in relation to a footpath or bridleway, and

(c)references to the relevant land were references to the land over which the footpath or bridleway passes.

(5)The diversion of a footpath or bridleway under section 135A above does not—

(a)affect the liability of any person for anything done in relation to the path or way otherwise than for the purposes of or in consequence of the works mentioned in subsection (1) of that section, or

(b)authorise any interference with the apparatus or works of any statutory undertakers.

(6)Without prejudice to section 130 (protection of public rights of way) above, it is the duty of the highway authority to enforce the provisions of section 135A and this section.]

Textual Amendments