2004 No. 370

HIGHWAYS, ENGLAND

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

Made

Laid before Parliament

Coming into force

The Secretary of State, in exercise of the powers conferred upon her by sections 130A(8),130B(6) and130C(2) of the Highways Act 19801, hereby makes the following Regulations:

Citation, commencement, interpretation and extent1

1

These Regulations may be cited as the Removal of Obstructions from Highways (Notices etc.) (England) Regulations 2004 and shall come into force on 10th March 2004.

2

In these Regulations, “the 1980 Act” means the Highways Act 1980.

3

These Regulations apply in relation to England only2.

Forms of notices for removal of obstructions from highways2

The forms set out in the Schedule, or forms substantially to the same effect, shall be the forms to be used for the following purposes of the 1980 Act—

a

Form 1 for the notice under section 130A(1) (notice requesting a local highway authority to secure the removal of an obstruction);

b

Form 2 for the notice under section 130A(6)(a) (notice by a local highway authority to persons who may be responsible for an obstruction);

c

Form 3 for the notice under section 130A(6)(b) (notice by a local highway authority, to a person who served notice in Form 1, that the authority have served notice in Form 2);

d

Form 4 for the notice under section 130C(1) (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

e

Form 5 for the notice under section 130B(6) (notice of a magistrates' court order requiring a local highway authority to take steps for securing the removal of an obstruction).

Manner and places of display of notices under section 130B(6) of the 1980 Act3

A notice by a local highway authority under section 130B(6) of the 1980 Act shall be displayed by affixing a copy of it to some conspicuous object placed—

a

at each side of the obstruction; and

b

at the first point, from each side of the obstruction, where the obstructed highway is joined by another highway.

Alan MichaelMinister of State,Department for Environment, Food and Rural Affairs

SCHEDULEFORMS OF NOTICES FOR REMOVAL OF OBSTRUCTIONS FROM HIGHWAYS

Regulation 2

FORM 1HIGHWAYS ACT 1980, SECTION 130A(1)

NOTICE REQUESTING A LOCAL HIGHWAY AUTHORITY TO SECURE THE REMOVAL OF AN OBSTRUCTION

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FORM 2HIGHWAYS ACT 1980, SECTION 130A(6)(a)

NOTICE BY A LOCAL HIGHWAY AUTHORITY TO PERSONS WHO MAY BE RESPONSIBLE FOR AN OBSTRUCTION

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FORM 3HIGHWAYS ACT 1980, SECTION 130A(6)(b)

NOTICE BY A LOCAL HIGHWAY AUTHORITY, TO A PERSON WHO SERVED NOTICE IN FORM 1, THAT THE AUTHORITY HAVE SERVED NOTICE IN FORM 2

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FORM 4HIGHWAYS ACT 1980, SECTION 130C(1)

NOTICE TO A LOCAL HIGHWAY AUTHORITY OF AN INTENTION TO APPLY TO A MAGISTRATES' COURT FOR AN ORDER REQUIRING THE AUTHORITY TO TAKE STEPS FOR SECURING THE REMOVAL OF AN OBSTRUCTION

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FORM 5HIGHWAYS ACT 1980, SECTION 130B(6)

NOTICE OF A MAGISTRATES' COURT ORDER REQUIRING A LOCAL HIGHWAY AUTHORITY TO TAKE STEPS FOR SECURING THE REMOVAL OF AN OBSTRUCTION

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(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).