Rights of way enforcement policy

All legislation and common law powers and duties available to the Council for the enforcement of the Council’s duties in relation to Public Rights of Way.

Examples of the applicable legislation/common law provisions, the most common used provisions are, but are not limited to:

• Section 130 – Protection of public rights
• Section 130A- Notices to enforce duty regarding public paths
• Section 131 – Penalty for damaging the highway etc.
• Section 132 – Unauthorised marking on the highway
• Section 134 – Ploughing etc. of Footpath or Bridleway
• Section 135 – Power to authorise works which may disturb a footpath or bridleway or restricted byway
• Section 137 – Penalty for wilful obstruction of the highway
• Section 137ZA – Power to order offender to remove obstructions
• Section 137A – Interference by crops
• Section 143 – Power to remove structures from the highway
• Section 145 – Powers as to gates across the highway
• Section 146 – Duty to maintain stiles and gates across the highway
• Section 147 – Power to authorise erection of stiles etc. on footpath or bridleway
• Section 148 – Penalty for depositing things or pitching booths etc. on the highway
• Section 149 – Removal of things so deposited on the highway as to be a nuisance
• Section 154 – Cutting or felling etc. of trees that overhang or are a danger to highway users
• Section 161 – Penalties for causing certain kinds of danger or an annoyance
• Section 161A – Danger or annoyance caused by fires lit otherwise than on highways
• Section 162 – Penalty for placing ropes etc. across a highway 3
• Section 164 – Power to require removal of barbed wire
• Section 165 – Dangerous land adjoining street
• Schedule 12A – Further powers in relation to interfering with highways

• Wildlife and Countryside Act 1981
• Public Order Act 1986
• National Park and Access to the Countryside Act 1949
• Local Government Act 1972
• Common law provisions in relation to nuisance and/or negligence

Any legislation that is enacted subsequent to the publication of this policy, which either imposes a duty or a power on the authority to take enforcement action in regards to Public Rights of Way.

• DEFRA Rights of Way Circular (1/09)
• Gaps Gates and Stiles BS5709:2006
• Rights of Way Improvement Plan for Buckinghamshire
• The Code for Crown Prosecutors issued by the DPP under the Prosecution of Offenders Act 1985
• Central and Local Government Enforcement Concordat, March 1998