Revised Bus-Link at Nailsea & Backwell

[whole diary]

[ellendune]

Whilst there may not be parking restrictions, there is still the possibility that an offence is being committed. Under Section 137 of the Highways Act 1980, it is a criminal offence 'without lawful authority or excuse, in any way wilfully obstructs the free passage along a highway.'

There's also a much older common law offence. Under Section 28 of the Town Police Clauses Act 1847, it is 'an offence to obstruct the street to the distraction, annoyance or danger of residents or passengers.'

If I could be pedantic for a moment.  If it is under Section 28 of the Town Police Clauses Act 1847 (wonderful piece of legislation), then surely it is Statute Law not Common Law.

[Chris from Nailsea]

Ah!  You got there before me, ellendune: I'd just sent bignosemac a PM, gently pointing out that distinction. 

[JayMac]

Thanks peeps. I got a bit confused after reading some case law regarding obstruction of the highway. The Town Police Clause Act 1847 is of course statute.

It is a wonderful piece of legislation, I agree. Without wishing to divert the topic too much, some other offences are:

Every person who in any street, to the obstruction, annoyance, or danger of the residents or passengers, commits any of the following offences:

• Every person who wilfully and wantonly disturbs any inhabitant, by pulling or ringing any door bell, or knocking at any door, or who wilfully and unlawfully extinguishes the light of any lamp
  
• Every person who flies any kite, or who makes or uses any slide upon ice or snow
• Every person who beats or shakes any carpet, rug, or mat (except door mats, beaten or shaken before the hour of eight in the morning)
• Every person who fixes or places any flower-pot or box, or other heavy article, in any upper window, without sufficiently guarding the same against being blown down

From that, it would appear that my childhood playing of Knock, Knock, Ginger could have landed me in the slammer for up to 14 days. 

[Chris from Nailsea]

Thanks for that, bignosemac! 

There is also an interesting legal question as to whether the Town Police Clauses Act of 1847 actually applies within Nailsea:

1 Extent of Act.

This Act shall extend only to such towns or districts in England or Ireland as shall be comprised in any Act of Parliament hereafter to be passed which shall declare that this Act shall be incorporated therewith; and all the clauses of this Act, save so far as they shall be expressly varied or excepted by any such Act, shall apply to the town or district which shall be comprised in such Act, and to the commissioners appointed for improving and regulating the same, so far as such clauses shall be applicable thereto respectively, and shall, with the clauses of every other Act which shall be incorporated therewith, form part of such Act, and be construed therewith as forming one Act.

 

[Southern Stag]

The Offences Against the Person Act 1861 has some rather unusual offences in it still as well including:
s17. Impeding a person endeavouring to save himself from a shipwreck.
s36. Obstructing or assaulting a clergyman or other minister in the discharge of his duties.

There's also the rather relevant s32, 33 and 34 which are placing wood on the railway, casting stones on a railway carriage and doing anything to endanger the railway respectively. In a 1996 case two defendants were convicted to four years imprisonment for throwing stones at a railway carriage, but the offence carries a potential maximum of life imprisonment.