London Local Authorities Act 1995

13 For protection of British Railways Board, Railtrack PLC, British Waterways Board and London Regional Transport

(1) Subsection (5B) of section 225 of the Act of 1990 (as amended by section 10 (Placards and posters) of this Act) shall have effect in relation to any notice under that subsection served on a protected party in pursuance of subsection (5D) of that section as if for the period of two days specified in subsection (5B) there were substituted the period of 28 days.

(2) Subsections (3) to (5) below apply where a participating council propose to exercise any power (hereinafter referred to as a “relevant power”) conferred by section 225 of the Act of 1990 (as amended by the said section 10) or section 11 (Unauthorised advertisement hoardings, etc.) or 12 (Defacement of buildings) of this Act to enter on any operational land of a protected party or to remove or obliterate a poster, placard, hoarding, structure or sign on that land or on any premises or surface of any such land.

(3) Before exercising the relevant power the participating council shall serve not less than 28 days' notice in writing of their intention so to do on the relevant protected party specifying the placard, poster, hoarding, structure or sign concerned and its location.

(4) The protected party on whom a notice under subsection (3) above is served may within the period of 28 days beginning with the day on which the notice is served serve a counter-notice on the participating council specifying conditions subject to which the relevant power is to be exercised,being reasonable conditions which are necessary or expedient in the interests of safety or the efficient and economic operation of the transport undertaking concerned or (where the protected party is the British Waterways Board) for the protection of any works, apparatus or other property not vested in the protected party which are lawfully present on, in, under or over the land upon which entry is proposed to be made.

(5) Where a counter-notice is served under subsection (4) above the relevant power may only be exercised subject to and in accordance with the conditions in the counter-notice.

(6) Before exercising any power conferred by section 225 of the Act of 1990 (as amended by the said section 10) or the said section 12 of this Act to remove or obliterate a placard, poster or sign from any surface on a bus shelter or other street furniture of a protected party (not being situated on operational land of the protected party), the participating council shall serve not less than 28 days' notice in writing of their intention so to do on the protected party specifying the bus shelter or other street furniture concerned.

(7) Nothing in this section shall be taken as prejudicing the operation of section 225 (1) of the Act of 1990.

(8) In this section—

• “operational land” has the same meaning as in the Act of 1990; and

• “protected party” means the British Railways Board, Railtrack PLC, the British Waterways Board or London Regional Transport or any of their subsidiaries (as defined by section 736 of the [1985 c. 6.] Companies Act 1985).