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Highways (Obstruction by Body Corporate) Act 2004

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Highways (Obstruction by Body Corporate) Act 2004 [1]
Royal Coat of Arms of the United Kingdom (variant 1, 1952-2022).svg
Long title An Act to apply section 314 of the Highways Act 1980 to offences under sections 137 and 137ZA of that Act.
Citation 2004 c. 29
Territorial extent  England and Wales [2]
Dates
Royal assent 15 November 2004 [3] [4]
Commencement 15 January 2005 [5]
Text of statute as originally enacted
Revised text of statute as amended

The Highways (Obstruction by Body Corporate) Act 2004 (c. 29) is an Act of the Parliament of the United Kingdom.

Contents

Background

Nicholas Van Hoogstraten had claimed that the footpath through his land was not a public right of way and had therefore blocked access to it using a barn, barbed wire and old refrigeration units. [6]

Parliamentary debates

The Bill for this Act passed through its stages in the House of Commons on the following dates:

First Reading 7 January 2004 [7]
Second Reading 6 February 2004 [8]
Committee11 March 2004 [9]
Report and Third Reading 21 May 2004 [10]

The Bill for this Act passed through its stages in the House of Lords on the following dates:

First Reading24 May 2004 [11]
Second Reading16 July 2004 [12]
Committee21 October 2004 [13]
Third Reading8 November 2004 [14]

Provisions

The act allowed made officers of a company liable for the offence of obstruction of a footpath. [15]

Section 1 - Liability of officers etc. for obstruction by body corporate

Section 1(1) inserts references to sections 137 and 137ZA of Highways Act 1980 into section 314(3) of that Act.

Section 1(2) provides that section 314 of that Act applies by virtue of this section to any offence under section 137ZA(3) committed after the commencement of this Act, including one committed in respect of an order made before that commencement.

Section 2 - Commencement and short title

Section 2(1) provides that the Act came into force at the end of the period of two months that began on the date on which it was passed. The word "months" means calendar months. [16] The day (that is to say, 15 November 2004) on which the Act was passed (that is to say, received royal assent) is included in the period of two months. [17] This means that the Act came into force on 15 January 2005. [18]

See also

References

  1. The citation of this Act by this short title is authorised by section 2(2) of this Act.
  2. Explanatory Notes - Territorial Extent and Application- Her Majesty’s Stationery Office
  3. Hansard (House of Lords), vol. 666, col. 1185
  4. Hansard (House of Commons), vol. 426, col. 1009
  5. The Highways (Obstruction by Body Corporate) Act 2004, section 2(1)
  6. "Ramblers step up pressure on landowner". BBC News. 3 January 1999. Retrieved 3 February 2026.
  7. Hansard (House of Commons), vol. 416, col. 262
  8. Hansard (House of Commons), vol. 417, col. 1091
  9. Hansard Standing Committee F
  10. Hansard (House of Commons), vol. 421, cols. 1205 to 1209
  11. Hansard (House of Lords), vol. 661, col. 1052
  12. Hansard (House of Lords), vol. 663, cols. 1528 to 1529
  13. Hansard (House of Lords), vol. 665 col. 929
  14. Hansard (House of Lords), vol. 666, col. 615
  15. "New law will close footpath loophole". The Argus. 25 May 2004. Retrieved 3 February 2026.
  16. The Interpretation Act 1978, section 5 and Schedule 1
  17. Hare v Gocher [1962] 2 QB 641, [1962] 2 All ER 673; Trow v Ind Coope (West Midlands) Ltd [1967] 2 QB 899 at 909, [1967] 2 All ER 900, CA.
  18. "Blocking paths loophole closed". The Argus. 15 January 2005. Retrieved 3 February 2026.


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