(1)Subject to subsection (2) below, the roads authority may erect and maintain—
(a)fences or posts for the purpose of preventing access to a road or proposed road; and
(b)fences, posts, stones or other markers for the purpose of delimiting the road or proposed road.
(2)The powers conferred by subsection (1) above shall not be exercised so as to—
(a)interfere with a fence or gate required for the purposes of agriculture;
(b)obstruct a public right of way;
(c)obstruct a means of access for the construction, formation or laying out of which planning permission has been granted under Part III of the M1Town and Country Planning (Scotland) Act 1972 (general planning control) or under any enactment replaced by the said Part III; or
(d)obstruct any means of access which was constructed, formed or laid out before 1st July 1948, unless it was so constructed, formed or laid out in contravention of restrictions in force under section 1 or 2 of the M2Restriction of Ribbon Development Act 1935.
Modifications etc. (not altering text)
C1S. 29: power to contract out functions of Secretary of State (16.3.1996) by S.I. 1996/878, art. 2, Sch. para. 5(f)
Marginal Citations