Regulations have been made under the Highways Act 1980, which sets out the procedures relating to gating orders.
Background
The Highways Act 1980 (The Act), as amended by the Clean Neighbourhoods and Environment Act 2005 (Commencement No.1, Transitional and Savings Provisions) (England) Order 2006 (the CNEA Order), provides councils with the power to make orders for the erection of physical barriers to restrict public access to a highways over which the public would normally have a right of passage. Such orders are known as "gating orders" and are intended to be used in respect of minor highways, which are facilitating high and persistent levels of crime and/or anti-social behaviour that is adversely affecting local residents or businesses.
Summary
The Highways Act 1980 (Gating Orders) (England) Regulations 2006 (the Regulations), which come into force on 1 April 2006, set out the procedures relating to gating orders made under the Act. Particular aspects of the procedure involved in making a gating order provided for by the Regulations include:
Requirements regarding the publicising of proposals (Regulations 3 and 4).
A requirement that councils consider any representations that may be made (Regulation 5).
A power for councils to hold a public inquiry (Regulation 6). There are also provisions relating to the conduct of public inquiries (Regulations 14 and 15).
A requirement to allow time for representations to be made (Regulation 7).
Requirements as to the content and publicising of the content of gating orders (Regulation 8).
The procedure to be followed when variation or revocation of a gating order is proposed (Regulations 9-13).
A requirement that councils must keep a register of all gating orders (Regulation 17).
