Section 40: Power to fence roads
consolidated text (as at 2013, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.
40. Power to fence roads
(1) Subject to subsection (2), a highway authority may erect and maintain fences or posts for the purpose of preventing access to a road for which
it is responsible.
(2) This power shall not be exercised so as to—
(a) interfere with a fence or gate required for the purpose of
agriculture;
(b) obstruct a right of way;
(c) obstruct a means of access for the construction, formation or
laying out of which planning permission has been granted under
the Town and Country Planning Act; or
(d) obstruct a means of access which was constructed, formed or
laid out before the coming into force of this Act, unless it was
constructed, formed or laid out in contravention of the Town and
Country Planning Act.