Says Tony Barnett

THIS ACT IS INTENDED TO PREVENT ANIMALS FROM INGRESS AND EGRESS ON AGRICULTURAL LAND.

STATUTORY PROVISIONS FOR GATES AND STILES ARE CONTAINED IN SS 145-146-147 OF THE HIGHWAYS ACT 1980.

STATUTE COVERS THE LIABILITY FOR MAINTENANCE OF GATES AND STILES, IN CIRCUMSTANCES WHERE NEW STRUCTURES CAN BE AUTHORISED AND THE CIRCUMSTANCES WHERE THE HIGHWAY AUTHORITIES MAY REQUIRE GATES TO BE WIDENED.

THE RESPONSIBILITY IS ON THE OWNER OF THE LAND (THE APPLICANT) TO MAINTAIN THE GATES AND STILES PLACED ACROSS RIGHTS OF WAY THAT ARE ON HIS/HER LAND.

THE RELEVENT STATUTORY PROVISIONS ARE FOUND IN S 146 OF THE HIGHWAY ACT 1980, UNDER THIS ACT THE GOOD ORDER OF THE STRUCTURES REST WITH THE OWNER OF THE LAND, NOT THE TENANT UNLESS IT IS WRITTEN INTO THE TENANCY.

IN SOME CIRCUMSYANCES THE STRUCTURES ARE THE RESPONSIBILTY OF THE HIGHWAYS AUTHORITY OR DISTRICT COUNCIL BUT THERE SHOULD BE A WRITTEN AGREEMENT BETWEEN THE AUTHORITY AND THE LAND OWNER THAT WILL DOCUMENT THIS FACT.

WHERE THE GATE/STILE IS AUTHORISED UNDER S 147 OF HA80, CONDITIONS MAY BE IMPOSED ABOUT ITS MAINTENANCE THAT OVERRIDE THE PROVISIONS OF S 146.

SUBSECTION 4 OF SECTION 147 PROVIDES THAT SHOULD THE FIELD/AREA, THIS WILL GIVE AN OS No, CHANGE SO THAT THE GATES ARE NO LONGER NECCESARY IN ORDER TO PREVENT INGRESS OR EGRESS OF ANIMALS FROM THE FIELD, THE STRUCTURES MUST BE REMOVED. IN ACCORDANCE WITH S 147 s4 FAILURE TO COMPLY WITH ANY CONDITIONS SET OUT WILL INVALIDATE AUTHORISATION, THE GATES/ STRUCTURES THEN, MAY BE REQUIRED TO BE REMOVED UNDER S 143 OF THE ACT.

SECTION 143 OF THE 1980 HIGHWAY ACT, IS THE ENFORCEMENT SECTION.