The Removal of Obstructions from Highways (Notices etc.) (England) Regulations 2004

Explanatory Note

(This note is not part of the Order)

Sections 130A, 130B and 130C of the Highways Act 1980 (inserted by section 63 of the Countryside and Rights of Way Act 2000) make provision for the removal of obstructions from highways.

Regulation 2 and the Schedule to these Regulations prescribe the forms of notices required under these sections as follows—

• Form 1 is the notice requesting a local highway authority to secure the removal of an obstruction;

• Form 2 is the notice by a local highway authority to persons who may be responsible for an obstruction;

• Form 3 is the notice by a local highway authority, to a person who served notice in Form 1, stating that the authority have served notice in Form 2;

• Form 4 is the notice to a local highway authority of an intention to apply to the magistrates' court for an order requiring the authority to take steps for securing the removal of an obstruction; and

• Form 5 is the notice of a magistrates' court order requiring a local highway authority to take steps for securing the removal of an obstruction.

Regulation 3 prescribes the manner and places for display of the notice in Form 5 (notice of an order of the magistrates' court).