(1) Any person who alleges, as respects any highway
for which a local highway authority other than an inner London
authority are the highway authority -
| (a) |
that the highway falls within subsection
(2) below, and |
| (b) |
that it is obstructed by an obstruction
to which this section applies, |
may serve on the highway authority notice requesting them to
secure the removal of the obstruction from the highway.
(2) A highway is within this subsection if it is -
| (a) |
a footpath, bridleway, or restricted
byway, or |
| (b) |
a way shown in a definitive map and
statement as a restricted byway or a byway open to all
traffic. |
(3) Subject to subsection (4) below, this section
applies to an obstruction of the highway if the obstruction is
without lawful authority and either -
| (a) |
the powers conferred by section 143, 149
or 154 below are exercisable in respect of it, or
|
| (b) |
it is of a description prescribed by
regulations made by the Secretary of State and the
authority have power (otherwise than under any of those
sections) to secure its removal.
|
(4) This section does not apply to an obstruction if -
| (a) |
it is or forms part of -
| (i) |
a building (whether temporary or
permanent) or works for the construction of a
building, or |
| (ii) |
any other structure (including a
tent, caravan, vehicle or other temporary or
movable structure) which is designed, adapted or
used for human habitation, |
|
| (b) |
an order may be made in respect of it
under section 56 above, or |
| (c) |
the presence of any person constitutes
the obstruction. |
(5) A person serving a notice under subsection (1) above
must include in the notice the name and address, if known to
him, of any person who it appears to him may be for the time
being responsible for the obstruction.
(6) A highway authority on whom a notice under
subsection (1) above is served shall, within one month from the
date of service of the notice, serve -
| (a) |
on every person whose name and address
is, pursuant to subsection (5) above, included in the
notice and, so far as reasonably practicable, on every
other person who it appears to them may be for the time
being responsible for the obstruction, a notice
informing that person that a notice under subsection (1)
above has been served in relation to the obstruction and
stating what, if any, action the authority propose to
take, and |
| (b) |
on the person who served the notice under
subsection (1) above, a notice containing the name and
address of each person on whom notice is served under
paragraph (a) above and stating what, if any, action the
authority propose to take in relation to the
obstruction. |
(7) For the purposes of this section the persons for the
time being responsible for an obstruction include the owner and
any other person who for the time being -
| (a) |
has possession or control of it, or |
| (b) |
may be required to remove it. |
|