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United Kingdom Statutory Instruments


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STATUTORY INSTRUMENTS


2006 No. 537

ENVIRONMENTAL PROTECTION, ENGLAND

The Highways Act 1980 (Gating Orders) (England) Regulations 2006

  Made 1st March 2006 
  Laid before Parliament 8th March 2006 
  Coming into force 1st April 2006 

The Secretary of State makes the following Regulations in exercise of the powers conferred upon him by sections 129C, 129E and 129F of the Highways Act 1980[1].

Citation, commencement and extent
     1. —(1) These Regulations may be cited as the Highways Act 1980 (Gating Orders) (England) Regulations 2006 and shall come into force on 1st April 2006.

    (2) These Regulations apply to England.

Interpretation
    
2. In this Order—

Publicity relating to a proposal for the making of a gating order
     3. Before making a gating order under section 129A of the Act, a council shall—

     4. Copies of the notice referred to in regulation 3(a) shall be given by the council to—

Representations as to the making of a gating order
    
5. A council shall consider any representations as to whether or not the proposed gating order should be made whether in response to a notice under regulation 3 or otherwise.

Public Inquiries relating to the making of a gating order
    
6. —(1) Subject to paragraph (2) the council may cause a public inquiry to be held in relation to a proposed gating order.

    (2) The council shall cause a public inquiry to be held if—

objects to the proposed gating order.

Making of a gating order
    
7. A council may not make a gating order before—

Form and content etc. of gating orders
    
8. —(1) A gating order must contain—

    (2) A council shall cause to be erected on or adjacent to the relevant highway such notices as it considers sufficient to draw to the attention of members of the public using that highway to—

Publicity relating to the variation and revocation of gating orders
    
9. Before varying or revoking a gating order under section 129F of the Act, the council shall—

     10. Copies of the notice referred to in regulation 9(a) shall be given to—

Representations relating to the variation or revocation of a gating order
    
11. A council shall consider any representations as to whether or not a gating order should be varied or revoked (as the case may be) whether in response to a notice under regulation 9 or otherwise.

Public Inquiries relating to the variation or revocation of a gating order
    
12. —(1) Subject to paragraph (2) the council may cause a public inquiry to be held in relation to a proposed variation or revocation (as the case may be) of a gating order.

    (2) A council shall hold a public inquiry if—

objects to the proposed variation or revocation (as the case may be) of a gating order.

Variation or revocation of a gating order
    
13. A council may not vary or revoke (as the case may be) a gating order before—

Procedure relating to public inquiries held under regulation 6 or 12
    
14. —(1) A public inquiry held under regulations 6 or 12 shall be conducted by an inspector appointed by the council.

    (2) An inquiry shall begin not less than 42 days after the first publication of the notice given under regulation 3 or 9.

    (3) A council shall—

     15. The particulars to be contained in the notice specified in regulation 14(3) are as follows—

     16. —(1) Subject to paragraphs (2) to (4), the procedure at a public inquiry shall be determined by the inspector.

    (2) Any person interested in the subject matter of the public inquiry may appear at the inquiry in person or by counsel, a solicitor or other representative.

    (3) Any person so interested may, whether or not he proposes to appear at the inquiry, send written representations for the consideration of the inspector to the address given in the notice given under regulation 14(3)(a).

    (4) The inspector may refuse to hear any person, or to consider any objection or representation, if he considers that the views of that person or the objection or representation are irrelevant or have already been adequately stated at the inquiry.

Register of gating orders
    
17. —(1) A copy of a gating order must be displayed for at least 12 months from the date of the order in a council office.

    (2) The council must publish a gating order on its website.

    (3) A council must keep a register of gating orders which is open to inspection during normal business hours and which must contain—

    (4) A council must supply a copy of a gating order to any person who requests a copy and pays a reasonable charge.


Hazel Blears
Minister of State

Home Office
1st March 2006



EXPLANATORY NOTE

(This note is not part of the Regulations)


These Regulations, which apply to England, set out the procedures relating to gating orders made under sections 129A to 129G of the Highways Act 1980 and come into force on 1st April 2006.

Regulations 3 and 4 relate to the publicising of proposals to make a gating order. Regulation 5 obliges councils to consider representations as to the making of a gating order.

Regulation 6 enables councils to hold a public inquiry in relation to a proposed gating order and requires them to do so where the emergency services or a council object to the making of the gating order.

Regulation 7 prevents councils from making a gating order until at least 28 days have been allowed for representations to be made and any public inquiry has been concluded.

Regulation 8 sets out the content etc. of gating orders and requires them to be publicised.

Regulations 9 to 13 set out the procedure to be followed when it is proposed to vary or revoke a gating order.

Regulations 14 to 16 make provision relating to conduct of public inquiries.

Regulation 17 provides that councils must keep a register of all gating orders.


Notes:

[1] 1980 c. 66; sections 129A to 129G were inserted by section 2 of the Clean Neighbourhoods and Environment Act 2005 (c. 16).back

[2] 2003 c. 21.back

[3] 2004 c. 21; as amended by section 32(1) of, and paragraph 10(1) and (2) of Schedule 2 to, the Civil Contingencies Act 2004 (c. 36).back

[4] 1990 c. 43.back



ISBN 0 11 074141 2


 © Crown copyright 2006

Prepared 8 March 2006


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