Highways Act 1980

[F1 8 (1) Except in the case of entry, solely for the purpose of obtaining information, on land other than a building or structure, before entering on any land the authority shall give the occupier not less than twenty-four hours’ notice of their intention to do so; and the notice shall— E+W

(a) identify the highway to which it relates; and

(b) specify the work to be carried out and the equipment to be used for that purpose; and

(c) identify the line or lines of passage over the land in question, if any, that may need to be used for access to the site of the work; and

(d) state the date and time when the power to enter on the land becomes exercisable.

(2) Without prejudice to section 322 (service of notices etc.) of this Act, if after reasonable enquiry the authority are satisfied that it is not practicable to ascertain the name and address of the occupier, a notice under this paragraph may be given by addressing it to him as ’’The Occupier’’ of the land (describing it) and affixing copies of the notice to some conspicuous object—

(a) at each end of so much of the highway as is referred to in the notice; and

(b) at such other points in the vicinity of that highway as the authority may consider suitable; and

(c) if appropriate, at a point adjacent to a highway comprising a made-up carriageway from which access is required for equipment.

(3) A notice shall not be given under this paragraph before the power referred to in paragraph 3, 4 or 5 above has become exercisable.]

Textual Amendments

F1 Sch. 12A inserted by Rights of Way Act 1990 (c. 24, SIF 59), s. 4