Rights of way enforcement policy

Last updated: 18 January 2022 Rights of Way Enforcement Policy 2021 v3 (pdf, 341.9 KB)

11. Appendix 2

Enforcement functions within the scheme of delegations

Function delegated to head of service or team leader	Act
Duty to assert and protect the rights of the public to use and enjoyment of highways	Section 130 of the Highways Act 1980
Duty to serve notice of proposed action in relation to obstruction	Section 130A of the Highways Act 1980
Power to authorise temporary disturbance of surface of [footpath, bridleway or restricted byway	Section 135 of the Highways Act 1980.
Functions relating to the making good of damage and the removal of obstructions	Section 135B of the Highways Act 1980
Powers relating to the removal of things so deposited on highways as to be a nuisance	Section 149 of the Highways Act 1980
Power to Apply for an enforcement notice order against works on common land	Section 41 of the Commons Act 2006
Power to protect unclaimed registered common land and unclaimed town or village greens against unlawful interference	Section 45(2)(a) of the Commons Act 2006
Power to institute proceedings for offences in respect of unclaimed registered common land and unclaimed town or village greens	Section 45(2)(b) of the Commons Act 2006
Grant of an extension to the disturbance of highway	Section 34(8) of the Highways Act 1980
Service of enforcement notice to secure cutting of hedgerow	Section 154 of the Highways Act 1980
Service of enforcement notice on landowner for structures out of repair	Section 146 of the Highways Act 1980
Service of notice to secure removal of obstructions on highway	Section 143 of the Highways Act 1980
Service of notice to secure removal of crops on (footpath, bridleway, restricted byway) and carry out works to make good the route	Schedule 12A of the Highways Act 1980