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| Power to order offender to remove obstruction. |
55. - (1) After section 137 of the 1980 Act (penalty for wilful obstruction) there is inserted-
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| "Power to order offender to remove obstruction. |
137ZA. - (1) Where a person is convicted of an offence under section 137 above in respect of the obstruction of a highway and it appears to the court that-
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(a) the obstruction is continuing, and |
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(b) it is in that person's power to remove the cause of the obstruction, |
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the court may, in addition to or instead of imposing any punishment, order him to take, within such reasonable period as may be fixed by the order, such steps as may be specified in the order for removing the cause of the obstruction.
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(2) The time fixed by an order under subsection (1) above may be extended or further extended by order of the court on an application made before the end of the time as originally fixed or as extended under this subsection, as the case may be.
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(3) Where a person is ordered under subsection (1) above to remove the cause of any obstruction, that person shall not be liable under section 137 above in respect of the obstruction in so far as it continues during the time fixed by the order or any further time allowed under subsection (2) above.
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(4) If a person fails without reasonable excuse to comply with an order under subsection (1) above, he is guilty of an offence and liable to a fine not exceeding level 5 on the standard scale."
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(2) Subsection (1) does not have effect in relation to any offence under section 137 of the 1980 Act committed before the commencement of this section.
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Miscellaneous |
| Making of traffic regulation orders for purposes of conserving natural beauty, etc. |
56. - (1) In section 22 of the Road Traffic Regulation Act 1984 (traffic regulation for special areas in the countryside), in subsection (1)(a)-
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(a) the words "(other than Greater London)" are omitted, |
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(b) at the end of paragraph (vi), the word "or" is omitted, and |
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(c) before the word "and" at the end of paragraph (vii) there is inserted- |
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" or
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(viii) an area in respect of which a notification under section 28 of the Wildlife and Countryside Act 1981 (sites of special scientific interest) has effect;".
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(2) In subsection (2) of that section, for "the paragraphs of subsection (1) of that section" there is substituted "paragraphs (a) to (g) of subsection (1) of that section and referred to in section 6(1)(b) of this Act".
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(3) After subsection (4) of that section there is inserted-
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"(5) In subsection (2) above the reference to conserving the natural beauty of an area shall be construed as including a reference to conserving its flora, fauna and geological and physiographical features.".
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(4) After that section there is inserted-
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| "Traffic regulation on certain roads for purpose of conserving natural beauty. |
22A. - (1) This section applies to roads other than-
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(a) roads to which section 22 of this Act applies, |
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(c) any road which is a trunk road, a classified road, a cycle track, a bridleway or a footpath, as those expressions are defined by section 329 of the Highways Act 1980. |
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(2) This Act shall have effect as respects roads to which this section applies as if, in relation to the making of provision with respect to vehicular traffic, the list of purposes for which a traffic regulation order under section 1 of this Act may be made, as set out in paragraphs (a) to (g) of subsection (1) of that section and referred to in section 6(1)(b) of this Act, included the purpose of conserving or enhancing the natural beauty of the area.
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(3) In subsection (2) above the reference to conserving the natural beauty of an area shall be construed as including a reference to conserving its flora, fauna and geological and physiographical features."
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| Prohibition on driving mechanically propelled vehicles elsewhere than on roads. |
57. Schedule 7 (which makes amendments relating to the driving of mechanically propelled vehicles elsewhere than on roads) has effect.
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| Erection of stiles, etc.: needs of persons with mobility problems. |
58. In section 147 of the 1980 Act (power to authorise erection of stiles etc on footpath or bridleway) after subsection (2) there is inserted-
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"(2A) In exercising their powers under subsection (2) above a competent authority shall have regard to the needs of persons with mobility problems.
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(2B) The Secretary of State may issue guidance to competent authorities as to matters to be taken into account for the purposes of subsection (2) above; and in exercising their powers under subsection (2) above competent authorities shall have regard to any such guidance issued to them."
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| Reports on functions relating to rights of way. |
59. - (1) The Secretary of State (as respects England) or the National Assembly for Wales (as respects Wales) may make regulations requiring local highway authorities of a description specified in the regulations to publish reports on the performance of any of their functions so far as relating to local rights of way (whether or not those functions are conferred on them as highway authorities).
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(2) Subsection (1) is without prejudice to section 230 of the Local Government Act 1972 (reports and returns).
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(3) Regulations under subsection (1) may prescribe the information to be given in such reports and how and when reports are to be published.
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(4) Regulations under subsection (1) shall be made by statutory instrument, and a statutory instrument containing such regulations made by the Secretary of State shall be subject to annulment in pursuance of a resolution of either House of Parliament.
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(5) In this section-
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"local highway authority" has the same meaning as in the 1980 Act, except that it does not include Transport for London; and |
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"local rights of way" has the same meaning as in section 51. |
