Statutory Instruments
2004 No. 370
HIGHWAYS, ENGLAND
The Removal of Obstructions from Highways (Notices etc. ) (England) Regulations 2004
Made
13th February 2004
Laid before Parliament
16th February 2004
Coming into force
10th March 2004
The Secretary of State, in exercise of the powers conferred upon her by sections 130A(8),130B(6) and130C(2) of the Highways Act 1980( 1 ), hereby makes the following Regulations:
Citation, commencement, interpretation and extent
1. —(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 only( 2 ).
Forms of notices for removal of obstructions from highways
2. 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 Act
3. 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 Michael
Minister of State,
Department for Environment, Food and Rural Affairs
13th February 2004
Regulation 2
SCHEDULE FORMS OF NOTICES FOR REMOVAL OF OBSTRUCTIONS FROM HIGHWAYS
FORM 1 HIGHWAYS ACT 1980, SECTION 130A(1) NOTICE REQUESTING A LOCAL HIGHWAY AUTHORITY TO SECURE THE REMOVAL OF AN OBSTRUCTION
FORM 2 HIGHWAYS ACT 1980, SECTION 130A(6)(a) NOTICE BY A LOCAL HIGHWAY AUTHORITY TO PERSONS WHO MAY BE RESPONSIBLE FOR AN OBSTRUCTION
FORM 3 HIGHWAYS 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
FORM 4 HIGHWAYS 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
FORM 5 HIGHWAYS 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
1980 c. 66 ; sections 130A, 130B and 130C were inserted by section 63 of the Countryside and Rights of Way Act 2000 (c. 37) .
The functions of the Secretary of State under sections 130A to 130C of the Highways Act 1980 are, so far as exercisable in relation to Wales, transferred to the National Assembly for Wales by the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672 ), article 2 and Schedule 1 as extended by section 99 of the Countryside and Rights of Way Act 2000.