No but it must be cleary signed in obviously places along the fencing, that its an electric fence and that its live, that is why they sell the signs (correctly worded) when buying electric fencing, so it covers you.
Thanks i was hoping it was , i have to remove a fence as its only 1m width at the bottom (a bank to one side) the guy from the council told me it was illegal to put electric tape there .
Blah blah blah its all for the damn walkers , what about us landowners ay !
i think it does depend on how wide your footpaths are. ive got fencing up (luckily post and rail on teh top part of my field) but there have been complaints but it was discussed witht he footpath guy before it was erected. one of my footpaths is 3ft wide the other 4ft. so maybe ask him exactly how wide it is supposed to be then erect the electric fencing just to the side of it.
Our council made us put handles on our fencing so people could use the footpath without having to walk over it or squeeze through it, failing that they wanted us to take it down!!!!
You will need to check that your footpath is wide enough, the council will be able to tell you. You can use tape but you MUST put warning signs every so many yards (be prepared to have the signs pinched on a regular basis!).
You are not advised to place electric fencing adjacent or close to a public right of way or close to a gate used by members of the public. This is because a member of the public could receive an electric shock which to some people could prove fatal. (People with a heart pacemaker etc.)
You have a legal duty of care to any person on your land whether with your express permission or not.
Any electric fencing placed next to or close to a public footpath or bridleway should have the recognised yellow warning signs with bold black lettering placed at both ends and every 5 metres along it.
Make sure that your third party public liability cover provides cover to no less than £10,000,000.
If the Access Department iof your local County Council receive a complaint about the fencing from a member of the public then they may well ask you to remove it.
It is in your interests to have proper fencing such as post and rail with equi-fencing along it so that there is no chance of anyone injuring themselves and making a claim against you.
I do have equifencing on the other side is a recently planted hedgerow, the fence i have been asked to remove is another i put up to protect my young hedge , i think i`ll run a wire above my equifence that at least should stop any kind hearted soul that thinks my pones need feeding, with lots of warning signs of course and a sign to politely (grrr) ask them to avoid my young hedge.
Thanks all for replies