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Countryside and Rights of Way Act 2000

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Changes over time for: Section 39

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Point in time view as at 25/07/2003.

Changes to legislation:

Countryside and Rights of Way Act 2000, Section 39 is up to date with all changes known to be in force on or before 03 December 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

39 Order to remove obstruction.E+W

This section has no associated Explanatory Notes

(1)Where at any time two or more access notices relating to a means of access have been given to any person within the preceding thirty-six months, a magistrates’ court may, on the application of the access authority, order that person—

(a)within such time as may be specified in the order, to take such steps as may be so specified to remove any obstruction of that means of access, and

(b)not to obstruct that means of access at any time when the right conferred by section 2(1) is exercisable.

(2)If a person (“the person in default”) fails to comply with an order under this section—

(a)he is liable on summary conviction to a fine not exceeding level 3 on the standard scale, and

(b)the access authority may remove any obstruction of the means of access and recover from the person in default the costs reasonably incurred by them in doing so.

(3)In this section “access notice” means a notice under section 36(3) or 37(1) in respect of which the period specified in the notice has expired, other than a notice in respect of which an appeal is pending or which has been cancelled on appeal.

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