Rights of Way Enforcement Protocol - Appendix 4 - Section 16 Notice
Important: This Communication Affects Your Property
Section 16 of The Local Government (Miscellaneous Provisions) Act 1976
Staffordshire County Council
Notice Requiring Information Concerning The Ownership And Occupation of Land
To: [insert name]
Of: [insert address]
Take Notice that the County Council, with a view to performing its function under Section 130 of the Highways Act 1980 to assert and protect the rights of the public to the use and enjoyment of a highway for which the County Council is the Highway Authority, namely to secure **insert potential offence** from the line of **insert route title** in the Parish of **insert area** considers that it ought to have information concerning land at **insert address/area** shown edged red for identification purposes only on the attached plan.
Take Notice that the County Council requires you by **Insert date** (which is a period of not less than fourteen days beginning with the day on which this notice is served) to furnish to the Director of **insert title** at the above postal address the following information:-
1. The nature of your interest in the land.
2. The name and postal address of each person whom you believe to be the occupier of the land.
3. The name and postal address of each person whom you believe:-
(i) is a person who has an interest in the land either as a freeholder, mortgagee or lessee or who directly or indirectly receives rent for the land; and
(ii) is a person who is authorised by a person with an interest in the land to manage the land or to arrange the letting of the land.
Take Notice that if you:-
(a) fail to comply with the requirements of this Notice; or
(b) in furnishing any information in compliance with this Notice, make a statement which you know to be false in a material particular or recklessly make a statement which is false in a material particular,
you will be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.
A copy of Section 16 of the Local Government (Miscellaneous Provisions) Act 1976 is attached for your information.
To assist you in supplying the required information a Reply Form is attached which you should complete and return.
Dated……………….
Signed………………
**insert name of Director**
Director of **insert title**
Notice Ref No.
Section 16 of The Local Government (Miscellaneous Provisions) Act 1976
Reply Form
Freeholder/Freeholders (Full names, including all Christian names and postal addresses to be given) state whether Mr, Mrs or Miss (in block letters)
- ………………………………………………………………………………………………………………………………………………
- ………………………………………………………………………………………………………………………………………………
- ……………………………………………………………………………………………….……………………………………………….
Mortgagees (if any) (Full names, including all Christian names and postal addresses to be given)
………………………………………………………………………………………………………………………………………………………
If the property is Owner/ Occupier, please state date of purchase.
…………………………………………………
…………………………………………………
Full name and postal address of any person who, in pursuance of an agreement between himself and a person interested in the land is authorised to manage the land or arrange for the letting of it.
………………………………………………………………………………………………………………………………………………………
Occupiers and Lessees (Full names, including all Christian names and postal addresses to be given) state whether Mr, Mrs or Miss (in block letters)
- ………………………………………………………………………………………………………………………………………
- ………………………………………………………………………………………………………………………………………
- ……………………………………………………………………………………………………………………………………….
Please give details of Lease or Tenancy (period of tenure, etc.)
………………………………………………………………………………………………………………………………………………………
If not Owner/Occupier is tenant related to Owner? If so please state relationship and date of purchase.
…………………………………………………
Full name and postal address of any person who directly or indirectly receives rent for the land.
……………………………………………………………………………………………………………………………………………………
I certify that the Description and Situation of Property stated in the covering letter, together with details supplied by me above, are correct to the best of my knowledge.
Date…………… Signed……………………………………..
Full name (block capitals)
Address
Please delete those not applicable Freeholder Occupier Lessee Mortgagee Agent
Please sign and return plan with this Reply Form
Local Government (Miscellaneous Provisions) Act 1976.
Section 16
16. (1) Where, with a view to performing a function conferred on a local authority by any enactment, the authority considers that it ought to have information connected with any land, the authority may serve on one or more of the following persons, namely –
(a) the occupier of the land; and
(b) any person who has an interest in the land either as freeholder, mortgagee or lessee or who directly or indirectly receives rent for the land; and
(c) any person who, in pursuance of an agreement between himself and a person interested in the land, is authorised to manage the land or arrange for the letting of it.
A notice specifying the land and the function and the enactment which confers the function and requiring the recipient of the notice to furnish to the authority, within a period specified in the notice (which shall not be less than fourteen days beginning with the day on which the notice is served), the nature of his interest in the land and the name and address of each person whom the recipient of the notice believes is the occupier of the land and of each person whom he believes is, as respects the land, such a person as is mentioned in the provisions of paragraphs (b) and (c) of this sub-section.
(2) A person who –
(a) fails to comply with the requirements of a notice served on him in pursuance of the proceeding sub-section; or
(b) in furnishing any information in compliance with such a notice makes a statement which he knows to be false in a material particular or recklessly makes a statement which is false in a material particular,
shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.