Highways Act 1980

• (2) An order under this section shall be made by the highway authority for the highway in question and, if they are a strategic highways company or a local highway authority, shall be confirmed either by the Minister or, where subsection (5) below allows, by the highway authority themselves.

• (3) No order under this section relating to an access to any premises shall be made by the Minister or, in the case of an order made by any other highway authority, confirmed either by the Minister or by that authority unless the Minister or, as the case may be, the confirming authority is or are satisfied—

• (a) that no access to the premises from the highway in question is reasonably required, or

• (b) that another reasonably convenient means of access to the premises is available or will be provided by the Minister or, as the case may be, the other highway authority.

• (4) Subject to subsection (5) below, the Minister may make regulations for prescribing the procedure to be followed in connection with the making and confirmation of orders under this section, and such regulations shall in particular make provision—

• (a) for the publication in such manner as may be prescribed by the regulations of notice of the order proposed to be made or confirmed and for service on such persons as may be so prescribed of a copy of that notice and of such other documents, if any, as may be so prescribed;

• (b) as to the content of that notice;

• (c) for objections to the making of an order by the Minister received within such period as may be so prescribed and not withdrawn, to be considered by him;

• (d) for objections to the confirmation of an order made by a...highway authority to be considered by the Minister if any of the objections to the confirmation of the order received within such period as may be so prescribed and not withdrawn was made by an owner, lessee or occupier of any premises with a private means of access which the order would authorise the highway authority to stop up;

• (e) for objections to the confirmation of an order made by a ... highway authority received within such period as may be so prescribed and not withdrawn to be considered by the ... highway authority if there is no objection received within that period from an owner, lessee or occupier such as is mentioned in paragraph (d) above or if all such objections so received are withdrawn before the order is referred to the Minister for confirmation;

• (f) for the making of modifications in the order, whether in consequence of any objections or otherwise, before the order is made or confirmed.

• (5) In the case of an order made bya strategic highways company or a local highway authority under this section—

• (a) if no objection to the confirmation of the order is received within the period prescribed by regulations under subsection (4) above; or

• (b) if every such objection so received is withdrawn; or

• (c) if every such objection so received from an owner, lessee or occupier of any premises with a private means of access which the order would authorise the highway authority to stop up is withdrawn,

the ... highway authority may themselves confirm the order, with or without modifications.

• (6) Before confirming an order with modifications the ... highway authority, if they consider that the proposed modifications will make a substantial change in the order, shall inform every such owner, lessee or occupier as is mentioned in subsection (5)(c) above and every other person who appears to them to be likely to be affected by the modifications to the order—

• (a) of their intention to make the order; and

• (b) of the form in which they propose to make it.

• (7) The...highway authority shall give every such person as is mentioned in subsection (6) above an opportunity to make representations with regard to the order, and shall consider any representations with regard to it which any such person makes.

• (8) Schedule 2 to this Act has effect as to the validity and date of operation of any order under this section.

Further powers to stop up private access to premises

125

• (1) Subject to subsection (2) below an order under section 14 or 18 above (orders for certain purposes connected with trunk, classified or special roads) and an order under section 248 of the Town and Country Planning Act 1990 (order by Minister or London Borough to stop up or divert highway that crosses etc. a main highway) may authorise the appropriate authority—

• (a) to stop up any private means of access to premises adjoining or adjacent to land comprised in the route of the relevant road, or forming the site of any works authorised by the order or by any previous order made under the same enactment;

• (b) to provide a new means of access to any such premises.

• (2) For the purposes of subsection (1) above—

• (a) the appropriate authority in the case of an order under section 248 of the Town and Country Planning Act 1990 is the highway authority for the main highway, and in any other case is the authority by whom the order is made; and

• (b) the relevant road is the trunk road, classified road, special road or, as the case may be, main highway to which the order relates.

• (3) No order authorising the stopping up of a means of access to premises shall be made or confirmed by the Minister by virtue of subsection (1)(a) above unless he is satisfied—

• (a) that no access to the premises is reasonably required, or

• (b) that another reasonably convenient means of access to the premises is available or will be provided in pursuance of an order made by virtue of subsection (1)(b) above or otherwise.

• (4) Section 252 of the Town and Country Planning Act 1990 (procedure for making certain orders) in its application to an order under section 248 of that Act which by virtue of subsection (1)(a) above authorises the stopping up of a private means of access to premises has effect as if the persons on whom the Minister or, as the case may be, the council of a London borough is required by section 252(2), (3), (10) and (11) to serve certain documents relating to the order included the owner and the occupier of those premises.

In this subsection “owner” in relation to any premises, means a person, other than a mortgagee not in possession, who is for the time being entitled to dispose of the fee simple in the premises, whether in possession or in reversion, and includes also a person holding or entitled to the rents and profits of the premises under a lease the unexpired term of which exceeds 3 years.

Provisions supplementary to sections 124 and 125 etc.

126

• (1) Where—

• (a) an order under section 124 above, or

• (b) an order, by virtue of section 125 above, under section 14 or 18 above or under section 248 of the Town and Country Planning Act 1990,

authorises a highway authority to stop up a private means of access to any premises, then, notwithstanding anything in section 80(3) above, that authority may stop up the access in any way that seems to them appropriate, but not, if the order in question is under section 124 above, so as to obstruct any highway.

• (2) Where a means of access to any premises—

• (a) is stopped up in pursuance of any such order as is specified in subsection (1) above, or

• (b) is limited by virtue of any restrictions imposed on the use (including the crossing) of a special road under Part II of this Act, or by section 13 of the Road Traffic Regulation Act 1967, or by regulations made under that section,

and any person suffers damage in consequence thereof by the depreciation of any interest in the premises to which he is entitled or by being disturbed in his enjoyment of the premises he is entitled to recover compensation in respect of that damage from the appropriate authority.

• (3) The appropriate authority for the purpose of subsection (2) above in cases falling within paragraph (a) of that subsection is the highway authority authorised by the order to stop up the means of access and in cases falling within paragraph (b) of that subsection is the special road authority.

• (4) Where any person is entitled to compensation in respect of any matter under subsection (2) above he is not entitled to recover compensation in respect of the same matter under any other enactment.

Stopping up private access to premises by agreement

127

The highway authority for a highway may agree with the occupier of any premises and any other person having an interest in them that any private means of access to the premises from the highway shall be stopped up by that authority in any way which seems to them appropriate but not so as to obstruct any highway; and an agreement under this section may make provision for the payment by the highway authority to the other party of compensation in respect of the damage (if any) suffered by him in consequence of the stopping up of the means of access.

Penalty for using access which has been stopped up

128

Any person who uses an access which has been stopped up by virtue of section 124, 125 or 127 above other than a person exercising a public right of way is guilty of an offence and liable to a fine not exceeding level 3 on the standard scale.

Further provisions with respect to new means of access

129

• (1) Without prejudice to their power to provide a new means of access to any premises when authorised to do so by an order made under any enactment, a highway authority—

• (a) who by virtue of an order under section 124 above or an agreement under section 127 above have stopped up a means of access to any premises or propose to do so; or

• (b) who consider it necessary or expedient in connection with the construction, improvement or alteration of a highway to provide a new means of access to any premises,

may, subject to subsection (2) below, provide a new means of access to those premises from any highway or proposed highway.

• (2) If a highway authority proposing to provide a new means of access under subsection (1) above are not the highway authority for the highway from which the access will be provided or, as the case may be, will not become the highway authority for it on the completion of its construction, they shall not provide the access without the consent of the authority who are, or will become, the highway authority for that highway.

• (3) Where a private means of access to any premises is proposed to be stopped up by virtue of section 124 or 125 above and another means of access to those premises from a highway is available or is to be provided, then, in determining for the purposes of section 124 or 125 whether that other means of access is or, as the case may be, will be reasonably convenient the Minister or, in the case of an order under section 124 which any other highway authority have power to confirm, that authority shall have regard—

• (a) to the need, if any, for a means of access from the highway to different places on those premises, and

• (b) to any roads, paths or other ways on those or other premises which are or will be capable of providing such a means.

• (4) The provision of a new means of access to any premises from a highway under this section or under or by virtue of section 124, 125 or 127 above includes the provision of a road, path or other way on those or any other premises.

Part IX — Lawful and Unlawful Interference With Highways and Streets

Protection of public rights

Protection of public rights

130

• (1) It is the duty of the highway authority to assert and protect the rights of the public to the use and enjoyment of any highway for which they are the highway authority, including any roadside waste which forms part of it.

• (2) Any council may assert and protect the rights of the public to the use and enjoyment of any highway in their area for which they are not the highway authority, including any roadside waste which forms part of it.

• (3) Without prejudice to subsections (1) and (2) above, it is the duty of a council who are a highway authority to prevent, as far as possible, the stopping up or obstruction of—

• (a) the highways for which they are the highway authority, and

• (b) any highway for which they are not the highway authority, if, in their opinion, the stopping up or obstruction of that highway would be prejudicial to the interests of their area.

• (4) Without prejudice to the foregoing provisions of this section, it is the duty of a local highway authority to prevent any unlawful encroachment on any roadside waste comprised in a highway for which they are the highway authority.

• (5) Without prejudice to their powers under section 222 of the Local Government Act 1972, a council may, in the performance of their functions under the foregoing provisions of this section, institute legal proceedings in their own name, defend any legal proceedings and generally take such steps as they deem expedient.

• (6) If the council of a parish or community or, in the case of a parish or community which does not have a separate parish or community council, the parish meeting or a community meeting, represent to a local highway authority—

• (a) that a highway as to which the local highway authority have the duty imposed by subsection (3) above has been unlawfully stopped up or obstructed, or

• (b) that an unlawful encroachment has taken place on a roadside waste comprised in a highway for which they are the highway authority,

it is the duty of the local highway authority, unless satisfied that the representations are incorrect, to take proper proceedings accordingly and they may do so in their own name.

• (7) Proceedings or steps taken by a council in relation to an alleged right of way are not to be treated as unauthorised by reason only that the alleged right is found not to exist.

Damage to highways, streets etc.

Penalty for damaging highway etc.

131

• (1) If a person, without lawful authority or excuse—

• (a) makes a ditch or excavation in a highway which consists of or comprises a carriageway, or

• (b) removes any soil or turf from any part of a highway, except for the purpose of improving the highway and with the consent of the highway authority for the highway, or

• (c) deposits anything whatsoever on a highway so as to damage the highway, or

• (d) lights any fire, or discharges any firearm or firework, within 50 feet from the centre of a highway which consists of or comprises a carriageway, and in consequence thereof the highway is damaged,

he is guilty of an offence.

• (2) If a person without lawful authority or excuse pulls down or obliterates a traffic sign placed on or over a highway, or a milestone or direction post (not being a traffic sign) so placed, he is guilty of an offence; but it is a defence in any proceedings under this subsection to show that the traffic sign, milestone or post was not lawfully so placed.

• (3) A person guilty of an offence under this section is liable to a fine not exceeding level 3 on the standard scale.

Unauthorised marks on highways

132

• (1) A person who, without either the consent of the highway authority for the highway in question or an authorisation given by or under an enactment or a reasonable excuse, paints or otherwise inscribes or affixes any picture, letter, sign or other mark upon the surface of a highway or upon any tree, structure or works on or in a highway is guilty of an offence and liable to a fine not exceeding level 4 on the standard scale.

• (2) The highway authority for a highway may, without prejudice to their powers apart from this subsection and whether or not proceedings in respect of the matter have been taken in pursuance of subsection (1) above, remove any picture, letter, sign or other mark which has, without either the consent of the authority or an authorisation given by or under an enactment, been painted or otherwise inscribed or affixed upon the surface of the highway or upon any tree, structure or works on or in the highway.

Damage to footways of streets by excavations

133

If the footway of a street that is a highway maintainable at the public expense is damaged by or in consequence of any excavation or other work on land adjoining the street, the highway authority for the highway may make good the damage and recover the expenses reasonably incurred by them in so doing from the owner of the land in question or the person causing or responsible for the damage.

Ploughing of footpath or bridleway

134

• (1) Where in the case of any footpath or bridleway (other than a field-edge path) which passes over a field or enclosure consisting of agricultural land, or land which is being brought into use for agriculture—

• (a) the occupier of the field or enclosure desires in accordance with the rules of good husbandry to plough, or otherwise disturb the surface of, all or part of the land comprised in the field or enclosure, and

• (b) it is not reasonably convenient in ploughing, or otherwise disturbing the surface of, the land to avoid disturbing the surface of the path or way so as to render it inconvenient for the exercise of the public right of way,

the public right of way shall be subject to the condition that the occupier has the right so to plough or otherwise disturb the surface of the path or way.

• (2) Subsection (1) above does not apply in relation to any excavation or any engineering operation.

• (3) Where the occupier has disturbed the surface of a footpath or bridleway under the right conferred by subsection (1) above he shall within the relevant period, or within an extension of that period granted under subsection (8) below,—

• (a) so make good the surface of the path or way to not less than its minimum width as to make it reasonably convenient for the exercise of the right of way; and

• (b) so indicate the line of the path or way on the ground to not less than its minimum width that it is apparent to members of the public wishing to use it.

• (4) If the occupier fails to comply with the duty imposed by subsection (3) above he is guilty of an offence and liable to a fine not exceeding level 3 on the standard scale.

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (6) Without prejudice to section 130 (protection of public rights) above, it is the duty of the highway authority to enforce the provisions of this section.

• (7) For the purposes of this section “the relevant period”,—

• (a) where the disturbance of the surface of the path or way is the first disturbance for the purposes of the sowing of a particular agricultural crop, means fourteen days beginning with the day on which the surface of the path or way was first disturbed for those purposes; or

• (b) in any other case, means twenty-four hours beginning with the time when it was disturbed.

• (8) On an application made to the highway authority before the disturbance or during the relevant period, the authority may grant an extension of that period for an additional period not exceeding twenty-eight days.

• (9) In this section “minimum width”, in relation to a highway, has the same meaning as in Schedule 12A to this Act.

Temporary diversion of path or way ploughed up under section 134

135

• (1) Where the occupier of any agricultural land, or land which is being brought into use for agriculture, desires to carry out in relation to that land an excavation or engineering operation, and the excavation or operation—

• (a) is reasonably necessary for the purposes of agriculture, but

• (b) will so disturb the surface of a footpath , bridleway or restricted byway which passes over that land as to render it inconvenient for the exercise of the public right of way,

he may apply to the highway authority for an order that the public right of way shall be subject to the condition that he has the right to disturb the surface by that excavation or operation during such period, not exceeding three months, as is specified in the order (“the authorisation period”).

• (2) The highway authority shall make an order under subsection (1) above if they are satisfied either—

• (a) that it is practicable temporarily to divert the path or way in a manner reasonably convenient to users; or

• (b) that it is practicable to take adequate steps to ensure that the path or way remains sufficiently convenient, having regard to the need for the excavation or operation, for temporary use while it is being carried out.

• (3) An order made by a highway authority under subsection (1) above—

• (a) may provide for the temporary diversion of the path or way during the authorisation period, but shall not divert it on to land not occupied by the applicant unless written consent to the making of the order has been given to the occupier of that land, and by any other person whose consent is needed to obtain access to it;

• (b) may include such conditions as the authority reasonably think fit for the provision, either by the applicant or by the authority at the expense of the applicant, of facilities for the convenient use of any such diversion, including signposts and other notices, stiles, bridges, and gates;

• (c) shall not affect the line of a footpath , bridleway or restricted byway on land not occupied by the applicant;

and the authority shall cause notices of any such diversion, together with a plan showing the effect of the diversion and the line of the alternative route provided, to be prominently displayed throughout the authorisation period at each end of the diversion.

• (4) An order made by a highway authority under subsection (1) above may include such conditions as the authority reasonably think fit—

• (a) for the protection and convenience during the authorisation period of users of the path or way;

• (b) for making good the surface of the path or way to not more than its minimum width before the expiration of the authorisation period;

• (c) for the recovery from the applicant of expenses incurred by the authority in connection with the order.

• (5) An order under this section shall not authorise any interference with the apparatus or works of any statutory undertakers.

• (6) If the applicant fails to comply with a condition imposed under subsection (3)(b) or (4)(a) or (b) above he is guilty of an offence and liable to a fine not exceeding level 3 on the standard scale.

• (7) Proceedings for an offence under this section in relation to a footpath , bridleway or restricted byway shall be brought only by the highway authority or (with the consent of the highway authority) the council of the non-metropolitan district, parish or community in which the offence is committed.

• (8) Without prejudice to section 130 (protection of public rights) above, it is the duty of the highway authority to enforce the provisions of this section.

• (9) In this section “minimum width”, in relation to a highway, has the same meaning as in Schedule 12A to this Act.

Damage to highway consequent on exclusion of sun and wind

136

• (1) If a highway which consists of or comprises a carriageway is being damaged in consequence of the exclusion from it of the sun and wind by a hedge or tree (other than a tree planted for ornament or for shelter to a building, courtyard or hop ground), a magistrates’ court may by order require the owner or occupier of the land on which the hedge or tree is growing, so to cut, prune or plash the hedge or prune or lop the tree as to remove the cause of damage.

• (2) The power of a magistrates’ court to make an order under subsection (1) above is exercisable on a complaint made by the highway authority for the highway, or, in the case of a highway maintainable by reason of tenure, enclosure or prescription, by the person liable to maintain the highway.

• (3) If a person against whom an order under subsection (1) above is made fails to comply with it within 10 days from such date as may be specified in the order, he is guilty of an offence and liable to a fine not exceeding level 1 on the standard scale, and the highway authority or other person on whose complaint the order was made may carry out the work required by the order and may recover the expenses reasonably incurred by them or him in so doing from the person in default.

• (4) No person shall be required by an order made under this section, nor is any person permitted by subsection (3) above, to cut or prune a hedge at any time except between the last day of September and the first day of April.

Obstruction of highways and streets

Penalty for wilful obstruction

137

• (1) If a person, without lawful authority or excuse, in any way wilfully obstructs the free passage along a highway he is guilty of an offence and liable to imprisonment for a term not exceeding 51 weeks or a fine or both.

• (1A) In relation to an offence committed before the coming into force of section 281(5) of the Criminal Justice Act 2003 (alteration of penalties for certain summary offences: England and Wales), the reference in subsection (1) to 51 weeks is to be read as a reference to 6 months.

• (1B) For the purposes of this section it does not matter whether free passage along the highway in question has already been temporarily restricted or temporarily prohibited (whether by a constable, a traffic authority or otherwise).

• (1C) In subsection (1B), “traffic authority” has the same meaning as in the Road Traffic Regulation Act 1984 (see section 121A of that Act).

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Penalty for erecting building, etc., in highway

138

If a person, without lawful authority or excuse, erects a building or fence, or plants a hedge, in a highway which consists of or comprises a carriageway he is guilty of an offence and liable to a fine not exceeding level 3 on the standard scale.

Control of builders' skips

139

• (1) A builders’ skip shall not be deposited on a highway without the permission of the highway authority for the highway.

• (2) A permission under this section shall be a permission for a person to whom it is granted to deposit, or cause to be deposited, a skip on the highway specfied in the permission, and a highway authority may grant such permission either unconditionally or subject to such conditions as may be specified in the permission including, in particular, conditions relating to—

• (a) the siting of the skip;

• (b) its dimensions;

• (c) the manner in which it is to be coated with paint and other material for the purpose of making it immediately visible to oncoming traffic;

• (d) the care and disposal of its contents;

• (e) the manner in which it is to be lighted or guarded;

• (f) its removal at the end of the period of permission.

• (3) If a builder’s skip is deposited on a highway without a permission granted under this section, the owner of the skip is, subject to subsection (6) below, guilty of an offence and liable to a fine not exceeding level 3 on the standard scale.

• (4) Where a builder’s skip has been deposited on a highway in accordance with a permission granted under this section, the owner of the skip shall secure—

• (a) that the skip is properly lighted during the hours of darkness and, where regulations made by the Secretary of State under this section require it to be marked in accordance with the regulations (whether with reflecting or fluorescent material or otherwise), that it is so marked;

• (b) that the skip is clearly and indelibly marked with the owner’s name and with his telephone number or address;

• (c) that the skip is removed as soon as practicable after it has been filled;

• (d) that each of the conditions subject to which that permission was granted is complied with;

and, if he fails to do so, he is, subject to subsection (6) below, guilty of an offence and liable to a fine not exceeding level 3 on the standard scale.

• (5) Where the commission by any person of an offence under this section is due to the act or default of some other person, that other person is guilty of the offence, and a person may be charged with and convicted of the offence by virtue of this subsection whether or not proceedings are taken against the first-mentioned person.

• (6) In any proceedings for an offence under this section it is a defence, subject to subsection (7) below, for the person charged to prove that the commission of the offence was due to the act or default of another person and that he took all reasonable precautions and exercised all due diligence to avoid the commission of such an offence by himself or any person under his control.

• (7) A person charged with an offence under this section is not, without leave of the court, entitled to rely on the defence provided by subsection (6) above unless, within a period ending 7 clear days before the hearing, he has served on the prosecutor a notice in writing giving such information identifying or assisting in the identification of that other person as was then in his possession.

• (8) Where any person is charged with an offence under any other enactment for failing to secure that a builder’s skip which has been deposited on a highway in accordance with a permission granted under this section was properly lighted during the hours of darkness, it is a defence for the person charged to prove that the commission of the offence was due to the act or default of another person and that he took all reasonable precautions and exercised all due diligence to avoid the commission of such an offence by himself or any person under his control.

• (9) Where a person is charged with obstructing, or interrupting any user of, a highway by depositing a builder’s skip on it, it is a defence for the person charged to prove that the skip was deposited on it in accordance with a permission granted under this section and either—

• (a) that each of the requirements of subsection (4) above had been complied with; or

• (b) that the commission of any offence under that subsection was due to the act or default of another person and that he took all reasonable precautions and exercised all due diligence to avoid the commission of such an offence by himself or any person under his control.

• (10) Nothing in this section is to be taken as authorising the creation of a nuisance or of a danger to users of a highway or as imposing on a highway authority by whom a permission has been granted under this section any liability for any injury, damage or loss resulting from the presence on a highway of the skip to which the permission relates.

• (11) In this section , section 140 and section 140A below—

• “builder’s skip” means a container designed to be carried on a road vehicle and to be placed on a highway or other land for the storage of builders’ materials, or for the removal and disposal of builders’ rubble, waste, household and other rubbish or earth; and

• “owner”, in relation to a builder’s skip which is the subject of a hiring agreement, being an agreement for a hiring of not less than one month, or a hire purchase agreement, means the person in possession of the skip under that agreement.

Removal of builders' skips

140

• (1) The following provisions of this section have effect in relation to a builder’s skip deposited on a highway notwithstanding that it was deposited on it in accordance with a permission granted under section 139 above.

• (2) The highway authority for the highway or a constable in uniform may require the owner of the skip to remove or reposition it or cause it to be removed or repositioned.

• (3) A person required to remove or reposition, or cause to be removed or repositioned, a skip under a requirement made by virtue of subsection (2) above shall comply with the requirement as soon as practicable, and if he fails to do so he is guilty of an offence and liable to a fine not exceeding level 3 on the standard scale.

• (4) The highway authority for the highway or a constable in uniform may themselves remove or reposition the skip or cause it to be removed or repositioned.

• (5) Where a skip is removed under subsection (4) above, the highway authority or, as the case may be, the chief officer of police shall, where practicable, notify the owner of its removal, but if the owner cannot be traced, or if after a reasonable period of time after being so notified he has not recovered the skip, the highway authority or chief officer of police may dispose of the skip and its contents.

• (6) Any expenses reasonably incurred by a highway authority or chief officer of police in the removal or repositioning of a skip under subsection (4) above or the disposal of a skip under subsection (5) above may be recovered from the owner of the skip in any court of competent jurisdiction or summarily as a civil debt.

• (7) Any proceeds of the disposal of a skip under subsection (5) above shall be used in the first place to meet the expenses reasonably incurred in the removal and disposal of the skip and thereafter any surplus shall be given to the person entitled to it if he can be traced and if not may be retained by the highway authority or the chief officer of police, as the case may be; and any surplus so retained by a chief officer of police shall be paid into the police fund.

• (8) References in this section to expenses incurred in the removal of a skip include references to expenses incurred in storing the skip until it is recovered by the owner or, as the case may be, disposed of.

• (9) The owner of a skip is not guilty of an offence under section 139(4) above of failing to secure that a condition relating to the siting of the skip was complied with if the failure resulted from the repositioning of the skip under subsection (3) or (4) above.

Restriction on planting of trees etc., in or near carriageway

141

• (1) Subject to sections 64 and 96 above and section 142 below, no tree or shrub shall be planted in a made-up carriageway, or within 15 feet from the centre of a made-up carriageway.

• (2) If a tree or shrub is planted in contravention of this section the highway authority for the highway or, in the case of a highway maintainable by reason of tenure, enclosure or prescription, the person liable to maintain the highway, may by notice given either to the owner or to the occupier of the land in which the tree or shrub is planted require him to remove it within 21 days from the date of service of the notice.

• (3) If a person fails to comply with a notice under subsection (2) above he is guilty of an offence and liable to a fine not exceeding level 1 on the standard scale and if the offence is continued after conviction he is guilty of a further offence and liable to a fine not exceeding 50p for each day on which the offence is so continued.

Licence to plant trees, shrubs, etc. in a highway

142

• (1) The highway authority for a highway may by a licence granted under this section permit the occupier or the owner of any premises adjoining the highway to plant and maintain, or to retain and maintain, trees, shrubs, plants or grass in such part of the highway as may be specified in the licence.

• (2) The highway authority may, as they think fit—

• (a) grant a licence under this section to the person who at the time of the grant is the occupier of such premises and insert in the licence provisions prohibiting assignment of the licence and providing for its duration; or

• (b) grant such a licence to the owner of such premises and his successors in title and insert in the licence provisions providing for the licence to be annexed to those premises and providing for its duration;

and references in this section to the licensee are references to the person who is for the time being entitled by virtue of such a licence to do anything permitted by it to be done.

• (3) No fine, rent or other sum of money is payable in respect of such a licence except—

• (a) a reasonable sum in respect of legal or other expenses incurred in connection with the grant of the licence; and

• (b) an annual charge of a reasonable amount for administering the licence;

and any such sum is recoverable from the licensee.

• (4) It shall be a condition of every licence granted by virtue of subsection (2)(b) above that within one month after any change in the ownership of the premises in question takes place the licensee is to inform the highway authority of it.

• (5) A highway authority may attach to any such licence such conditions as they consider necessary to ensure the safety and convenience of passengers in the highway and to prevent traffic therein being delayed, to prevent any nuisance or annoyance being caused to the owners or occupiers of other premises adjoining the highway and to protect the apparatus of statutory undertakers, . . . and the operators of electronic communications code networksor driver information systems.

• (6) A highway authority may by notice served on the licensee withdraw a licence granted by them under this section—

• (a) on the expiration of such period as may be specified in the notice, being a period of not less than 7 days beginning with the date of service of the notice on the licensee, if any condition of the licence is contravened by the licensee;

• (b) on the expiration of such period as may be so specified, being a period of not less than 3 months beginning with the said date, if the authority consider the withdrawal of the licence is necessary for the purpose of the exercise of their functions as a highway authority.

• (7) Where a licence under this section expires or is withdrawn or surrendered, the highway authority by whom it was granted—

• (a) may remove all or any of the trees, shrubs, plants or grass to which the licence relates and reinstate the highway and may recover the expenses reasonably incurred by them in so doing from the last licensee; or

• (b) if satisfied that the last licensee can, within such reasonable time as they may specify, remove such trees, shrubs, plants or grass or such of them as they may specify and reinstate the highway, may authorise him to do so at his own expense.

In this subsection “the last licensee” means the person who immediately before the expiration, withdrawal or surrender of the licence in question was the licensee or, if that person has died, his personal representatives.

• (8) The licensee and the person who immediately before the expiration, withdrawal or surrender of a licence under this section was the licensee or, if that person has died, his personal representatives shall indemnify the highway authority against any claim in respect of injury, damage or loss arising out of—

• (a) the planting or presence in a highway of trees, shrubs, plants or grass to which the licence relates, or

• (b) the execution by any person of any works authorised by the licence or by the highway authority under subsection (7) above, or

• (c) the execution by or on behalf of the highway authority of any works under subsection (7) above;

but this subsection is not to be taken as requiring any person to indemnify the highway authority against any claim in respect of injury, damage or loss which is attributable to the negligence of that authority.

• (9) If any person plants a tree or shrub in a highway otherwise than in pursuance of a licence granted under this section, the tree or shrub is to be deemed, for the purposes of section 141 above, to have been planted in contravention of that section.

• (10) Where the land on which a highway is situated is owned by the highway authority for the highway, nothing in subsection (3) above is to be taken as affecting the rights of that authority as the owner of that land to grant to any person, for such consideration as they think fit, the right to plant any thing in that land.

Power to remove structures from highways

143

• (1) Where a structure has been erected or set up on a highway otherwise than under a provision of this Act or some other enactment, a competent authority may by notice require the person having control or possession of the structure to remove it within such time as may be specified in the notice.

For the purposes of this section the following are competent authorities—

• (a) in the case of a highway which is for the time being maintained by a non-metropolitan district council by virtue of section 42 or 50 above, that council and also the highway authority, and

• (b) in the case of any other highway, the highway authority.

• (2) If a structure in respect of which a notice is served under this section is not removed within the time specified in the notice, the competent authority serving the notice may, subject to subsection (3) below, remove the structure and recover the expenses reasonably incurred by them in so doing from the person having control or possession of the structure.

• (3) The authority shall not exercise their power under subsection (2) above until the expiration of one month from the date of service of the notice.

• (4) In this section “structure” includes any machine, pump, post or other object of such a nature as to be capable of causing obstruction, and a structure may be treated for the purposes of this section as having been erected or set up notwithstanding that it is on wheels.

Power to erect flagpoles etc. on highways

144

• (1) Subject to subsection (2) below, a local authority may—

• (a) erect flagpoles, pylons and other structures on any highway in their area for the purpose of displaying decorations;

• (b) make slots in such a highway for the purpose of erecting the structures; and

• (c) remove any structure erected or slot made by the authority in pursuance of paragraph (a) or (b) above;

and any structures or slots which may be erected or made by virtue of this subsection are hereafter in this section referred to as “relevant works”.

• (2) A local authority are not entitled to exercise the powers conferred on them by subsection (1) above in respect of a highway for which they are not the highway authority except with the consent in writing of the highway authority for the highway, and are not entitled to exercise those powers in respect of so much of a highway as—

• (a) is carried by a bridge which a body other than the local authority and the highway authority has a duty to maintain; or

• (b) forms part of the approaches to such a bridge and is supported or protected by works or materials which a body other than the local authority and the highway authority has a duty to maintain.

except with the consent in writing of that body.

In this subsection “bridge” includes a structure which carries a highway superimposed over a cutting.

• (3) A highway authority or other body may give their consent in pursuance of subsection (2) above on such terms as they think fit (including in particular, without prejudice to the generality of the preceding provisions of this subsection, terms providing for the highway authority or body to remove any of the relevant works and reinstate the highway and to recover the reasonable cost of doing so from the local authority to whom the consent was given).

• (4) It is the duty of an authority by whom relevant works are erected or made by virtue of the preceding provisions of this section—

• (a) to ensure that the works are erected or made so as to obstruct the highway in question as little as is reasonably possible, so as not to obscure or conflict with traffic signs connected with the highway and so as to interfere as little as is reasonably possible with the enjoyment of premises adjacent to the highway and with, and with access to, any apparatus in or on the highway which belongs to or is used or maintained by statutory undertakers; and

• (b) to ensure that while the works are retained they are properly maintained and, so far as it is necessary to light them to avoid danger to users of the highway, are properly lit; and

• (c) if the authority are not the highway authority for the highway, to indemnify the highway authority against any payments falling to be made by the highway authority in consequence of the works.

• (5) A person who without lawful authority interferes with or removes any relevant works is guilty of an offence and liable to a fine not exceeding level 3 on the standard scale.

• (6) In this section—

• “local authority” means any of the following, namely, the council of a county, district or London borough, . . . the Common Council, the Council of the Isles of Scilly and a parish or community council; and

• “statutory undertakers” means any of the following, namely, any body which is a statutory undertaker within the meaning provided by section 329(1) below, any universal service provider in connection with the provision of a universal postal service, . . . . . . any licensee under a street works licenceand the operator of an electronic communications code networkor a driver information network.

Powers as to gates across highways

145

• (1) Where there is a gate of less than the minimum width across so much of a highway as consists of a carriageway, or across a highway that is a bridleway, the highway authority for the highway may by notice to the owner of the gate require him to enlarge the gate to that width or remove it.

In this subsection “the minimum width” means, in relation to a gate across so much of a highway as consists of a carriageway, 10 feet and, in relation to a gate across a bridleway, 5 feet, measured in either case between the posts of the gate.

• (2) If a person on whom a notice under subsection (1) above is served fails to comply, within 21 days from the date of service of the notice on him, with a requirement of the notice, he is guilty of an offence and liable to a fine not exceeding 50p for each day during which the failure continues.

Duty to maintain stiles etc. on footpaths and bridleways

146

• (1) Any stile, gate or other similar structure across a footpath , bridleway or restricted byway shall be maintained by the owner of the land in a safe condition, and to the standard of repair required to prevent unreasonable interference with the rights of the persons using the footpath , bridleway or restricted byway.

• (2) If it appears to the appropriate authority that the duty imposed by subsection (1) above is not being complied with, they may, after giving to the owner and occupier not less than 14 days’ notice of their intention, take all necessary steps for repairing and making good the stile, gate or other works.

For the purposes of this section the appropriate authority is—

• (a) in the case of a footpath , bridleway or restricted byway which is for the time being maintained by a non-metropolitan district council by virtue of section 42 or 50 above, that council, and

• (b) in the case of any other footpath , bridleway or restricted byway, the highway authority.

• (3) The appropriate authority may recover from the owner of the land the amount of any expenses reasonably incurred by the authority in and in connection with the exercise of their powers under subsection (2) above, or such part of those expenses as the authority think fit.

• (4) The appropriate authority shall contribute not less than a quarter of any expenses shown to their satisfaction to have been reasonably incurred in compliance with subsection (1) above, and may make further contributions of such amount in each case as, having regard to all the circumstances, they consider reasonable.

• (5) Subsection (1) above does not apply to any structure—

• (a) if any conditions for the maintenance of the structure are for the time being in force under section 147 below,

• (aa) if any conditions for the maintenance of the structure imposed by virtue of subsection (4) of section 147ZA below are for the time being in force under that section, or

• (b) if and so long as, under an agreement in writing with any other person, there is a liability to maintain the structure on the part of the appropriate authority or, where the appropriate authority are a non-metropolitan district council, on the part of either the appropriate authority or the highway authority.

Power to authorise erection of stiles etc. on footpath or bridleway

147

• (1) The following provisions of this section apply where the owner, lessee or occupier of agricultural land, or of land which is being brought into use for agriculture, represents to a competent authority, as respects a footpath or bridleway that crosses the land, that for securing that the use, or any particular use, of the land for agriculture shall be efficiently carried on, it is expedient that stiles, gates or other works for preventing the ingress or egress of animals should be erected on the path or way.

For the purposes of this section the following are competent authorities—

• (a) in the case of a footpath or bridleway which is for the time being maintained by a non-metropolitan district council by virtue of section 42 or 50 above, that council and also the highway authority, and

• (b) in the case of any other footpath or bridleway, the highway authority.

• (2) Where such a representation is made the authority to whom it is made may, subject to such conditions as they may impose for maintenance and for enabling the right of way to be exercised without undue inconvenience to the public, authorise the erection of the stiles, gates or other works.

• (2A) In exercising their powers under subsection (2) above a competent authority shall have regard to the needs of persons with mobility problems.

• (2B) The Secretary of State may issue guidance to competent authorities as to matters to be taken into account for the purposes of subsection (2) above; and in exercising their powers under subsection (2) above competent authorities shall have regard to any such guidance issued to them.

• (3) Where an authorisation in respect of a footpath or bridleway is granted under this section the public right of way is to be deemed to be subject to a condition that the stiles, gates or works may be erected and maintained in accordance with the authorisation and so long as the conditions attached to it are complied with.

• (4) For the purposes of section 143 above, any stile, gate or works erected in pursuance of an authorisation under this section is to be deemed to be erected under this section only if the provisions of the authorisation and any conditions attached to it are complied with.

• (5) In this section references to agricultural land and to land being brought into use for agriculture include references to land used or, as the case may be, land being brought into use, for forestry or for the breeding or keeping of horses.

• (6) Nothing in this section prejudices any limitation or condition having effect apart from this section.

Penalty for depositing things or pitching booths etc. on highway

148

If, without lawful authority or excuse—

• (a) a person deposits on a made-up carriageway any dung, compost or other material for dressing land, or any rubbish, or

• (b) a person deposits on any highway that consists of or comprises a made-up carriageway any dung, compost or other material for dressing land, or any rubbish, within 15 feet from the centre of that carriageway, or

• (c) a person deposits any thing whatsoever on a highway to the interruption of any user of the highway, or

• (d) a hawker or other itinerant trader pitches a booth, stall or stand, or encamps, on a highway.

he is guilty of an offence and liable to a fine not exceeding level 3 on the standard scale.

Removal of things so deposited on highways as to be a nuisance etc.

149

• (1) If any thing is so deposited on a highway as to constitute a nuisance, the highway authority for the highway may by notice require the person who deposited it there to remove it forthwith and if he fails to comply with the notice the authority may make a complaint to a magistrates’ court for a removal and disposal order under this section.

• (2) If the highway authority for any highway have reasonable grounds for considering—

• (a) that any thing unlawfully deposited on the highway constitutes a danger (including a danger caused by obstructing the view) to users of the highway, and

• (b) that the thing in question ought to be removed without the delay involved in giving notice or obtaining a removal and disposal order from a magistrates’ court under this section,

the authority may remove the thing forthwith.

• (3) The highway authority by whom a thing is removed in pursuance of subsection (2) above may either—

• (a) recover from the person by whom it was deposited on the highway, or from any person claiming to be entitled to it, any expenses reasonably incurred by the authority in removing it, or

• (b) make a complaint to a magistrates’ court for a disposal order under this section.

• (4) A magistrates’ court may, on a complaint made under this section, make an order authorising the complainant authority—

• (a) either to remove the thing in question and dispose of it or, as the case may be, to dispose of the thing in question, and

• (b) after payment out of any proceeds arising from the disposal of the expenses incurred in the removal and disposal, to apply the balance, if any, of the proceeds to the maintenance of highways maintainable at the public expense by them.

• (5) If the thing in question is not of sufficient value to defray the expenses of removing it, the complainant authority may recover from the person who deposited it on the highway the expenses, or the balance of the expenses, reasonably incurred by them in removing it.

• (6) A magistrates’ court composed of a single justice may hear a complaint under this section.

Duty to remove snow, soil etc. from highway

150

• (1) If an obstruction arises in a highway from accumulation of snow or from the falling down of banks on the side of the highway, or from any other cause, the highway authority shall remove the obstruction.

• (2) If a highway authority fail to remove an obstruction which it is their duty under this section to remove, a magistrates’ court may, on a complaint made by any person, by order require the authority to remove the obstruction within such period (not being less than 24 hours) from the making of the order as the court thinks reasonable, having regard to all the circumstances of the case.

• (3) In considering whether to make an order under this section and, if so, what period to allow for the removal of the obstruction, the court shall in particular have regard to—

• (a) the character of the highway to which the complaint relates, and the nature and amount of the traffic by which it is ordinarily used,

• (b) the nature and extent of the obstruction, and

• (c) the resources of manpower, vehicles and equipment for the time being available to the highway authority for work on highways and the extent to which those resources are being, or need to be, employed elsewhere by that authority on such work.

• (4) Where they are under a duty to remove an obstruction under subsection (1) above, a highway authority may—

• (a) take any reasonable steps (including the placing of lights, signs and fences on the highway) for warning users of the highway of the obstruction;

• (b) sell any thing removed in carrying out the duty, unless the thing is claimed by its owner before the expiration of 7 days from the date of its removal;

• (c) recover from the owner of the thing which caused or contributed to the obstruction, or where the thing has been sold under paragraph (b) above, from its previous owner, the expenses reasonably incurred as respects the obstruction in carrying out the duty and in exercising any powers conferred by this subsection, but so that no such expenses are recoverable from a person who proves that he took reasonable care to secure that the thing in question did not cause or contribute to the obstruction.

• (5) Where a highway authority sell any thing in exercise of their powers under subsection (4) above, then—

• (a) if any expenses are recoverable under that subsection by the authority from the previous owner of the thing, they may set off the expenses against the proceeds of sale (without prejudice to the recovery of any balance of the expenses from the previous owner) and shall pay over any balance of the proceeds to the previous owner; and

• (b) if no expenses are so recoverable, they shall pay over the whole of the proceeds of sale to the previous owner.

• (6) The foregoing provisions of this section apply to a person liable to maintain a highway by reason of tenure, enclosure or prescription as they apply to the highway authority for that highway, and references in those provisions to a highway authority are to be construed accordingly.

Prevention of soil etc. being washed on to street

151

• (1) A competent authority may, by notice to the owner or occupier of any land adjoining a street which is a highway maintainable at the public expense, require him, within 28 days from the date of service of the notice, to execute such works as will prevent soil or refuse from that land from falling, or being washed or carried, on to the street or into any sewer or gully in it in such quantities as to obstruct the street or choke the sewer or gully.

For the purposes of this section the following are competent authorities—

• (a) in relation to a street outside Greater London, the highway authority for the street and also , if the street is situated in a non-metropolitan district, the council of that district; and

• (b) in relation to a street within Greater London, the council of the London borough in which the street is situated or, if it is situated in the City of London, the Common Council . . .

• (1A) In relation to a street in Wales, the competent authorities for the purposes of this section are the highway authority for the street and, if different, the Welsh council in whose area the street is situated.

• (2) A person aggrieved by a requirement under this section may appeal to a magistrates’ court.

• (3) Subject to any order made on appeal, if a person on whom a notice is served under this section fails to comply with it within the period specified in subsection (1) above, he is guilty of an offence and liable to a fine not exceeding level 3 on the standard scale; and if the offence is continued after conviction, he is guilty of a further offence and liable to a fine not exceeding £1 for each day on which the offence is so continued.

Powers as to removal of projections from buildings

152

• (1) A competent authority may by notice to the occupier of any building require him to remove or alter any porch, shed, projecting window, step, cellar, cellar door, cellar window, sign, signpost, sign iron, showboard, window shutter, wall, gate, fence or other obstruction or projection which has been erected or placed against or in front of the building and is an obstruction to safe or convenient passage along a street.

• (2) A notice under subsection (1) above may, at the option of the authority, be served on the owner of the building instead of on the occupier or may be served on both the owner and the occupier.

• (3) A person aggrieved by a requirement under subsection (1) above may appeal to a magistrates’ court.

• (4) Subject to any order made on appeal, if a person on whom a notice under subsection (1) above is served fails to comply, within 14 days from the date of service of the notice on him, with a requirement of the notice, he is guilty of an offence and liable to a fine not exceeding level 1 on the standard scale.

• (5) Where an authority serve a notice under subsection (1) above on any person and he is guilty of an offence by reason of his failure to comply with a requirement of the notice within the time specified in subsection (4) above then, whether or not proceedings are taken against him in respect of the offence, the authority may remove the obstruction or projection to which the notice relates and may recover the expenses reasonably incurred by them in so doing from the owner or occupier of the building if, in either case, he is a person on whom the notice was served.

• (6) In a case where a requirement under subsection (1) above is made in connection with an obstruction or projection not erected or placed by the occupier of the relevant building Schedule 13 to this Act applies in relation to any sum paid by the occupier in complying with a requirement under that subsection or, where the requirement is not complied with, in reimbursing the relevant authority for expenses reasonably incurred by them under subsection (5) above.

• (7) Subsection (1) above does not apply in respect of any such obstruction or projection as is there mentioned if it was erected or placed before the date when section 69 of the Towns Improvement Clauses Act 1847 first applied in the area in which the building in question is situated.

• (8) If any such obstruction or projection was erected or placed before that date against or in front of a building in a street, a competent authority may, on the expiration of 30 days from the date of service on either the owner or the occupier of the building of a notice of their intention, remove or alter the obstruction or projection as they think fit, and, if the obstruction or projection was lawfully erected or placed, the authority shall pay reasonable compensation to every person who suffers damage by reason of its removal or alteration.

• (9) For the purposes of this section—

• (a) the competent authorities are the local authority in whose area the street is situated and also, where the street is a highway, the highway authority for it;

• (b) a projection which is erected or placed against or in front of a building, and which by reason of its being insecurely fixed or of defective construction or otherwise is a source of danger to persons lawfully using a street, is to be deemed to be an obstruction to safe or convenient passage along the street.

Doors etc. in streets not to open outwards

153

• (1) A door, gate or bar which is put up on any premises and opens on a street shall be so put up as not to open outwards unless, in the case of a door, gate or bar put up on a public building, the local authority for the area in which the building is situated and also, if the street is a highway, the highway authority consent to its being otherwise put up.

• (2) Where a door, gate or bar is put up on any premises in contravention of subsection (1) above the local authority for the area in which the premises are situated or alternatively, if the street concerned is a highway, the highway authority may, by notice to the occupier, require him to alter, so as not to open outwards, the door, gate or bar.

• (3) A notice under subsection (2) above may, at the option of the highway authority or local authority, be served on the owner of the premises instead of on the occupier or may be served on both the owner and the occupier of the premises.

• (4) A person aggrieved by the refusal of a consent under subsection (1) above or by a requirement under subsection (2) above may appeal to a magistrates’ court.

• (5) Subject to any order made on appeal, if a person on whom a notice under subsection (2) above is served fails to comply, within 8 days from the date of service of the notice on him, with a requirement of the notice, he is guilty of an offence and liable to a fine not exceeding level 1 on the standard scale.

• (6) Where a highway authority or local authority serve a notice under subsection (2) above on any person and he is guilty of an offence by reason of his failure to comply with a requirement of the notice within the time specified in subsection (5) above, then, whether or not proceedings are taken against him in respect of the offence, the authority may do the work required by the notice and recover the expenses reasonably incurred by them in so doing from the owner or occupier of the premises if, in either case, he is a person on whom the notice was served.

• (7) Where a requirement under subsection (2) above is made in connection with a door, gate or bar not put up by the occupier of the premises Schedule 13 to this Act applies in relation to any sum paid by the occupier in complying with a requirement under subsection (2) above or, where the requirement is not complied with, in reimbursing the authority for expenses reasonably incurred by them under subsection (6) above.

Cutting or felling etc. trees etc. that overhang or are a danger to roads or footpaths

154

• (1) Where a hedge, tree or shrub overhangs a highway or any other road or footpath to which the public has access so as to endanger or obstruct the passage of vehicles or pedestrians, or obstructs or interferes with the view of drivers of vehicles or the light from a public lamp, or overhangs a highway so as to endanger or obstruct the passage of horse-riders,a competent authority may, by notice either to the owner of the hedge, tree or shrub or to the occupier of the land on which it is growing, require him within 14 days from the date of service of the notice so to lop or cut it as to remove the cause of the danger, obstruction or interference.

For the purposes of this section the following are competent authorities—

• (a) in relation to a highway for which the Ministeror a strategic highways company is the highway authority and which is in a district or London borough, the highway authority and also the council of the district or, as the case may be, borough;

• (b) in relation to a highway for which a local highway authority are the highway authority, that authority and also , if the highway is situated in a non-metropolitan district, the council of that district;

• (c) in relation to a road or footpath that is not a highway, the local authority in whose area the road or footpath is situated;

and “hedge, tree or shrub” includes vegetation of any description.

• (1A) In subsection (1)(a) above, any reference to a district includes a reference to a Welsh county or county borough.

• (2) Where it appears to a competent authority for any highway, or for any other road or footpath to which the public has access—

• (a) that any hedge, tree or shrub is dead, diseased, damaged or insecurely rooted, and

• (b) that by reason of its condition it, or part of it, is likely to cause danger by falling on the highway, road or footpath,

the authority may, by notice either to the owner of the hedge, tree or shrub or to the occupier of the land on which it is situated, require him within 14 days from the date of service of the notice so to cut or fell it as to remove the likelihood of danger.

• (3) A person aggrieved by a requirement under subsection (1) or (2) above may appeal to a magistrates’ court.

• (4) Subject to any order made on appeal, if a person on whom a notice is served under subsection (1) or (2) above fails to comply with it within the period specified in those subsections, the authority who served the notice may carry out the work required by the notice and recover the expenses reasonably incurred by them in so doing from the person in default.

Penalties in connection with straying animals

155

• (1) If any horses, cattle, sheep, goats or swine are at any time found straying or lying on or at the side of a highway their keeper is guilty of an offence; but this subsection does not apply in relation to a part of a highway passing over any common, waste or unenclosed ground.

In this section “keeper”, in relation to any animals, means a person in whose possession they are.

• (2) A person guilty of an offence under this section is liable to a fine not exceeding level 3 on the standard scale.

• (3) A person guilty of an offence under this section is also liable to pay the reasonable expenses of removing any animal so found straying or lying to the premises of their keeper, or to the common pound, or to such other place as may have been provided for the purpose, and any person who incurs such expenses is entitled to recover them summarily as a civil debt.

For the purposes of this subsection “expenses”, in a case where an animal has been removed to the common pound, includes the usual fees and charges of the authorised keeper of the pound.

• (4) If a person, without lawful authority or excuse, releases any animal seized for the purpose of being impounded under this section from the pound or other place where it is impounded, or on the way to or from any such place, or damages any such place, he is guilty of an offence and liable to a fine not exceeding level 2 on the standard scale.

• (5) Nothing in this section prejudices or affects any right of pasture on the side of a highway.

Restriction on breaking up by undertakers of maintainable highways recently closed or re-surfaced

156

Half-yearly programmes to be prepared of repair and improvement works in Greater London

157

Relaxation of section 157 in certain cases

158

• (1) Where, with a view to facilitating the movement of traffic, it is proposed to execute in Greater London works of road improvement of such a nature as will involve the closing to vehicular traffic as mentioned in subsection (4) of section 157 above of a part of a highway to which that section applies, the Greater London Council may, in accordance with subsection (2) below, if on grounds of urgency they consider it expedient, authorise those works—

• (a) to be begun without being included in the scheme in force under that section, or

• (b) (if they are so included) to be begun otherwise than in accordance with the scheme.

• (2) An authorisation under subsection (1) above may be granted by the Council—

• (a) in the case of any highway for which they are the highway authority, or

• (b) on the application of the council of a London borough or the Common Council, in the case of any highway for which the borough council or Common Council, as the case may be, are the highway authority.

• (3) Where the Council give authority under subsection (1) above for the execution of any works of road improvement, or receive notice from the Minister of Transport that such works of road improvement as are mentioned in that subsection are to be executed in the case of a highway for which he is the highway authority, they may by order modify in such manner as appears to them to be expedient the scheme under section 157 above.

• (4) The Council shall send copies of any such order to all undertakers whose powers extend to highways to which the order relates and if the highway authority one month or more before they begin the works give to any such undertakers a notice containing the like particulars of the proposed works as would be required in a statement under section 157 above, section 159(2) to (4) below shall apply as if the undertakers had been sent copies of the proposals under section 159(1).

• (5) In this section " undertakers " has the meaning provided by section 157(9) above.

Restrictions on breaking up by undertakers of highways in Greater London recently closed for repair

159

• (1) With a view to securing that, so far as possible, all works involving breaking up or opening of highways to which section 157 above applies by undertakers are carried out at the same time as or in connection with works of road maintenance and improvement, the Greater London Council shall send to all undertakers copies of—

• (a) the proposals of other highway authorities when submitted to them under section 157 above, and

• (b) the proposals prepared by them under that section,

so far as the proposals relate to highways to which the powers of the undertakers extend and shall consider any representations made to them by those undertakers.

• (2) Where works of road maintenance and improvement involving the closing to vehicular traffic of any part of a highway either absolutely or to the extent of one-third or more of the width of the carriageway have been executed in accordance with a scheme confirmed under section 157 above, it shall not be lawful for any undertakers during the 12 months following the completion of those works to break up or open the highway so closed without the previous consent of the Greater London Council and unless they prove to the satisfaction of the Council—

• (a) that there were reasonable grounds for their failure or omission to execute, while the highway or part of it was closed, the works for the execution of which they require to break up or open the highway; and

• (b) that it is essential that the works should be executed or begun during the said 12 months.

• (3) The Council may, if they think fit, make it a condition of giving their consent under subsection (2) above to breaking up or opening a highway that all works in connection with it are carried out at night by beginning them after 8 p.m. and completing them by 8 a.m., and if not then completed by carrying on the work continuously by day and night.

• (4) The consent of the Council for the purposes of subsection (2) above shall not be unreasonably withheld and any question whether the withholding of such consent is unreasonable shall be determined in like manner as any similar question arising under section 156(5) above; and section 156(7) and (8) have effect as if the references therein to section 156(1) included references to subsection (2) above.

• (5) Nothing in this section prevents any undertakers from carrying out works in a highway in a case of emergency or from making, altering, repairing or disconnecting service connections.

• (6) In this section " undertakers " has the meaning provided by section 157(9) above.

Powers as respects certain unnecessary obstructions of highways in Greater London

160

Danger or annoyance to users of highways and streets

Penalties for causing certain kinds of danger or annoyance

161

• (1) If a person, without lawful authority or excuse, deposits any thing whatsoever on a highway in consequence of which a user of the highway is injured or endangered, that person is guilty of an offence and liable to a fine not exceeding level 3 on the standard scale.

• (2) If a person without lawful authority or excuse—

• (a) lights any fire on or over a highway which consists of or comprises a carriageway; or

• (b) discharges any firearm or firework within 50 feet of the centre of such a highway,

and in consequence a user of the highway is injured, interrupted or endangered, that person is guilty of an offence and liable to a fine not exceeding level 3 on the standard scale.

• (3) If a person plays at football or any other game on a highway to the annoyance of a user of the highway he is guilty of an offence and liable to a fine not exceeding level 1 on the standard scale.

• (4) If a person, without lawful authority or excuse, allows any filth, dirt, lime or other offensive matter or thing to run or flow on to a highway from any adjoining premises, he is guilty of an offence and liable to a fine not exceeding level 1 on the standard scale.

Penalty for placing rope, etc. across highway

162

A person who for any purpose places any rope, wire or other apparatus across a highway in such a manner as to be likely to cause danger to persons using the highway is, unless he proves that he had taken all necessary means to give adequate warning of the danger, guilty of an offence and liable to a fine not exceeding level 3 on the standard scale.

Prevention of water falling on or flowing on to highway

163

• (1) A competent authority may, by notice to the occupier of premises adjoining a highway, require him within 28 days from the date of service of the notice to construct or erect and thereafter to maintain such channels, gutters or downpipes as may be necessary to prevent—

• (a) water from the roof or any other part of the premises falling upon persons using the highway, or

• (b) so far as is reasonably practicable, surface water from the premises flowing on to, or over, the footway of the highway.

For the purposes of this section the competent authorities, in relation to any highway, are the highway authority and also (where they are not the highway authority) the local authority for the area in which the highway is situated.

• (2) A notice under subsection (1) above may, at the option of the authority, be served on the owner of the premises in question instead of on the occupier or may be served on both the owner and the occupier of the premises.

• (3) A person aggrieved by a requirement under this section may appeal to a magistrates’ court.

• (4) Subject to any order made on appeal, if a person on whom a notice is served under this section fails to comply with the requirement of the notice within the period specified in subsection (1) above he is guilty of an offence and liable to a fine not exceeding level 1 on the standard scale; and if the offence is continued after conviction he is guilty of a further offence and liable to a fine not exceeding £2 for each day on which the offence is so continued.

Power to require removal of barbed wire

164

• (1) Where on land adjoining a highway there is a fence made with barbed wire, or having barbed wire in or on it, and the wire is a nuisance to the highway, a competent authority may by notice served on the occupier of the land require him to abate the nuisance within such time, not being less than one month nor more than 6 months from the date of service of the notice, as may be specified in it.

For the purposes of this section—

• (a) the competent authorities, in relation to any highway, are the highway authority and also (where they are not the highway authority) the local authority for the area in which the highway is situated;

• (b) “barbed wire” means wire with spikes or jagged projections, and barbed wire is to be deemed to be a nuisance to a highway if it is likely to be injurious to persons or animals lawfully using the highway.

• (2) If at the expiration of the time specified in the notice the occupier has failed to comply with the notice, a magistrates’ court, if satisfied on complaint made by the authority that the wire is a nuisance to the highway, may order the occupier to abate the nuisance and, if he fails to comply with the order within a reasonable time, the authority may do whatever may be necessary in execution of the order and recover from him the expenses reasonably incurred by them in so doing.

• (3) If the local authority who are a competent authority in relation to the highway concerned are the occupiers of the land in question proceedings under this section may be taken against them by any ratepayer within the area of that local authority and the foregoing provisions apply accordingly in relation to him and to the authority as they apply in relation to an authority and to an occupier of land.

Dangerous land adjoining street

165

• (1) If, in or on any land adjoining a street, there is an unfenced or inadequately fenced source of danger to persons using the street, the local authority in whose area the street is situated may, by notice to the owner or occupier of that land, require him within such time as may be specified in the notice to execute such works of repair, protection, removal or enclosure as will obviate the danger.

• (2) A person aggrieved by a requirement under subsection (1) above may appeal to a magistrates’ court.

• (3) Subject to any order made on appeal, if a person on whom a notice is served under this section fails to comply with the notice within the time specified in it, the authority by whom the notice was served may execute such works as are necessary to comply with the notice and may recover the expenses reasonably incurred by them in so doing from that person.

• (4) Where the power conferred by subsection (1) above is exercisable in relation to land adjoining a street and has not been exercised by the local authority empowered to exercise it, then, if that authority are not the highway authority for the street, the highway authority for the street may request the local authority to exercise the power.

• (5) If the local authority refuse to comply with a request made under subsection (4) above or fail within a reasonable time after the request is made to them to do so, the highway authority may exercise the power (and where they do so subsections (2) and (3) above apply accordingly).

Forecourt abutting on streets

166

• (1) If it appears to a competent authority that the forecourt of premises abutting on a street, or any steps or projection or goods (whether for sale or not) placed in such a forecourt, is or are a source of danger, obstruction or inconvenience to the public, the authority may by notice require the owner or occupier of the forecourt to fence the forecourt from the street or, at his election, to take such other steps as may be specified in the notice to obviate the danger, obstruction or inconvenience to the public.

For the purposes of this section the following are competent authorities—

• (a) in the case of a street outside Greater London which is a highway, a local authority and also the highway authority;

• (b) in the case of any other street, a local authority.

• (2) If it appears to a competent authority that a stall or other erection on a forecourt of premises abutting on a street is by reason of its character injurious to the amenities of the street, the authority may by notice require the owner or occupier of the forecourt to make such alterations in the stall or other erection as may be necessary to prevent its being injurious to the amenities of the street or, at his election, to remove it.

This subsection does not apply to any erection which has been in position in the forecourt of any premises at all times since 10th November 1960.

• (3) A competent authority does not have power under subsection (1) or (2) above to give a notice applying to any advertisement as defined in section 336(1) of the Town and Country Planning Act 1990, or under subsection (2) above to give a notice applying to anything erected in conformity with planning permission granted on an application under Part III or, in relation to England, Part 13 of that Act.

• (4) The provisions of Part XII of the Public Health Act 1936 with respect to appeals against, and the enforcement of, notices requiring the execution of works apply in relation to any notice under this section as if this section were contained in that Act (and as if the references to the local authority included references to the highway authority); and section 290(6) of that Act shall authorise the authority at their election to take either of the courses which were open to the person on whom the notice was served in order to comply with it.

• (5) In this section, “local authority” means any of the following, namely, the council of a district or London borough, the Common Council, the sub-treasurer of the Inner Temple, the under-treasurer of the Middle Temple, a Welsh council and the Council of the Isles of Scilly.

Powers relating to retaining walls near streets

167

• (1) This section applies to any length of a retaining wall, being a length—

• (a) any cross-section of which is wholly or partly within 4 yards of a street; and

• (b) which is at any point of a greater height than 4 feet 6 inches above the level of the ground at the boundary of the street nearest that point;

but does not apply to any length of a retaining wall erected on land belonging to any transport undertakers so long as that land is used by them primarily for the purpose of their undertaking or to any length of a retaining wall for the maintenance of which a highway authority are responsible.

• (2) No length of retaining wall, being a length which when erected will be a length of retaining wall to which this section applies, shall be erected otherwise than in accordance with plans, sections and specifications approved by the local authority in whose area the street is situated; and before giving such approval that authority, if they are not the highway authority for the street, shall consult the highway authority.

• (3) Any person aggrieved by the refusal of a local authority to approve any plans, sections and specifications submitted to them under this section may appeal to a magistrates’ court.

• (4) If a person erects a length of retaining wall in contravention of this section, he is guilty of an offence and liable to a fine not exceeding level 3 on the standard scale.

• (5) If a length of retaining wall to which this section applies is in such condition (whether for want of repair or some other reason) as to be liable to endanger persons using the street, the local authority in whose area the street is situated may, by notice served on the owner or occupier of the land on which that length of wall is, require him to execute such works as will obviate the danger.

• (6) Where the power conferred by subsection (5) above is exercisable in relation to a length of wall and has not been exercised by the local authority empowered to exercise it, then, if that authority are not the highway authority for the street in question, the highway authority may request the local authority to exercise the power; and if the local authority refuse to comply with the request or fail within a reasonable time after the request is made to them to do so, the highway authority may exercise the power.

• (7) Subsections (2) to (7) of section 290 of the Public Health Act 1936 (appeals against and the enforcement of, certain notices under that Act) apply to any notice served under subsection (5) above as they apply to such notices as are mentioned in subsection (1) of that section, but subject to the following modifications:—

• (a) references to the local authority are to be construed as including references to the highway authority;

• (b) for paragraph (f) of subsection (3) there is substituted the following paragraph—

(f) that some other person ought to contribute towards the expense of executing any works required by the notice

• (8) Sections 300 to 302 of the Public Health Act 1936 (supplementary provisions relating to appeals under the said section 290) apply, with the necessary modifications, to appeals brought by virtue of subsection (7) above.

• (9) In this section “retaining wall” means a wall, not forming part of a permanent building, which serves, or is intended to serve, as a support for earth or other material on one side only.

Precautions to be taken in doing certain works in or near streets or highways

Building operations affecting public safety

168

• (1) If in the course of the carrying out of any building operation in or near a street there occurs an accident which—

• (a) gives rise to the risk of serious bodily injury to a person in the street, whether or not the death or disablement of any person is caused thereby; or

• (b) would have given rise to such risk but for the fact that a local authority or highway authority had in the exercise of their powers under section 78 of the Building Act 1984 (emergency measures to deal with dangerous buildings) or any other enactment taken steps to ensure that if an accident occurred it would not give rise to such risk,

then, subject to the provisions of this section, the owner of the land or building on which the building operation is being carried out is, without prejudice to any liability to which he or any other person may be subject apart from this section, guilty of an offence and liable to a fine not exceeding level 5 on the standard scale.

• (2) Where the commission by any person of an offence under this section is due to the act or default of some other person, that other person is guilty of the offence, and a person may be charged with and convicted of the offence by virtue of this subsection whether or not proceedings are taken against the first-mentioned person.

• (3) In any proceedings for an offence under this section it is a defence, subject to subsection (4) below, for the person charged to prove—

• (a) that he took all reasonable precautions to secure that the building operation was so carried out as to avoid causing danger to persons in a street; or

• (b) that the commission of the offence was due to the act or default of another person and that he took all reasonable precautions and exercised all due diligence to avoid the commission of such an offence by himself or any person under his control.

• (4) A person charged with an offence under this section is not, without leave of the court, entitled to rely on the defence provided by subsection (3)(b) above unless, within a period ending 7 clear days before the hearing, he has served on the prosecutor a notice in writing giving such information identifying or assisting in the identification of that other person as was then in his possession.

• (5) In this section “building operation” means the construction, structural alteration, repair or maintenance of a building (including re-pointing, external re-decoration and external cleaning), the demolition of a building, the preparation for, and laying the foundations of, an intended building and the erection or dismantling of cranes or scaffolding.

Control of scaffolding on highways

169