Valid from 27/09/2005
(1)In section 147 of the 1980 Act (power to authorise erection of stiles etc on footpath or bridleway) after subsection (2) there is inserted—
“(2A)In exercising their powers under subsection (2) above a competent authority shall have regard to the needs of persons with mobility problems.
(2B)The Secretary of State may issue guidance to competent authorities as to matters to be taken into account for the purposes of subsection (2) above; and in exercising their powers under subsection (2) above competent authorities shall have regard to any such guidance issued to them.”
(2)In subsection (5) of that section, at the end there is inserted “ or for the breeding or keeping of horses. ”
(3)After that section there is inserted—
(1)With respect to any relevant structure, a competent authority may enter into an agreement with the owner, lessee or occupier of the land on which the structure is situated which provides—
(a)for the carrying out by the owner, lessee or occupier of any qualifying works and the payment by the competent authority of the whole or any part of the costs incurred by him in carrying out those works, or
(b)for the carrying out by the competent authority of any qualifying works at their own expense or subject to the payment by the owner, lessee or occupier of the whole or any part of the costs incurred in carrying out those works.
(2)In this section—
(a)“competent authority” has the same meaning as in section 147 above,
(b)“relevant structure” means a stile, gate or other structure which—
(i)is authorised by a condition or limitation subject to which the public right of way over the footpath or bridleway was created, or
(ii)is authorised under section 147 above,
but does not include a structure to which an agreement falling within section 146(5)(b) above relates, and
(c)“qualifying works”, in relation to a relevant structure, means works for replacing or improving the structure which will result in a structure that is safer or more convenient for persons with mobility problems.
(3)An agreement under this section may include such conditions as the competent authority think fit.
(4)Those conditions may in particular include conditions expressed to have enduring effect—
(a)for the maintenance of the structure as replaced or improved, and
(b)for enabling the public right of way to be exercised without undue inconvenience to the public.
(5)Where an agreement under this section has been entered into in relation to any structure—
(a)the public right of way is to be deemed to be subject to a condition that the structure as replaced or improved may be erected and maintained in accordance with the agreement so long as any conditions included by virtue of subsection (4) above are complied with,
(b)in a case falling within subsection (2)(b)(i) above, as from the effective date the previous condition or limitation relating to the relevant structure shall cease to have effect, and
(c)in a case falling within subsection (2)(b)(ii) above, as from the effective date the previous authorisation under section 147 above shall cease to have effect in relation to the relevant structure.
(6)In subsection (5) above “the effective date” means—
(a)the first anniversary of the day on which the agreement was entered into, or
(b)such earlier date as may be specified for the purposes of this subsection in the agreement.
(7)For the purposes of section 143 above, any stile, gate or other structure replaced or improved in pursuance of an agreement under this section is to be deemed to be erected under this section only if any conditions included by virtue of subsection (4) above are complied with.
(8)A competent authority may not enter into an agreement under this section except with the consent of every owner, lessee or occupier of the land on which the relevant structure is situated who is not a party to the agreement.
(9)The Secretary of State may issue guidance to competent authorities as to matters to be taken into account for the purposes of this section; and in exercising their powers under this section competent authorities shall have regard to any such guidance issued to them.”
(4)In section 146 of the 1980 Act (duty to maintain stiles etc. on footpaths and bridleways) in subsection (5), before the word “or” at the end of paragraph (a) there is inserted—
“(aa)if any conditions for the maintenance of the structure imposed by virtue of subsection (4) of section 147ZA below are for the time being in force under that section,”.
(5)In section 344 of the 1980 Act (application to Isles of Scilly) in subsection (2)(a) after “147,” there is inserted “ 147ZA, ”.