Highways Act 1980

144 Power to erect flagpoles etc. on highways. E+W

(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 [F1 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, F2 . . . 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, [F3 any universal service provider in connection with the provision of a universal postal service], F4 . . . F5 . . . [F6 any licensee under a street works licence][F7 and the operator of [F8 an electronic communications code network]][F9 or a driver information [F10 network]].

Textual Amendments

F1 Words in s. 144(5) substituted by Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 35, 37, 38, 46 (with s. 47)

F2 Words repealed by Local Government Act 1985 (c. 51, SIF 81:1), s. 102, Sch. 17

F3 S. 144(6): words in the definition of "statutory undertakers" substituted (26.3.2001) by S.I. 2001/1149, art. 3(1), Sch. 1 para. 49(2)

F4 Words repealed by Water Act 1989 (c. 15, SIF 130), ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)–(10), 190, 193(1), Sch. 26 paras. 3(1)(2), 17, 40(4), 41(1), 57(6), 58, Sch. 27 Pt. I

F5 Word repealed by Telecommunications Act 1984 (c. 12, SIF 96), s. 109, Sch. 7

F6 S. 144(6): words in definition of "statutory undertakers" substituted (1.1.1993) by New Roads and Street Works Act 1991 (c. 22, SIF 59, 108), s. 168(1), Sch. 8 Part I para. 3; S.I. 1992/2984, art. 2(2), Sch. 2.

F7 Words inserted by Telecommunications Act 1984 (c. 12, SIF 96), s. 109, Sch. 4 para. 76(5), Sch. 5 para. 45

F8 Words in s. 144(6) in definition of "statutory undertakers" substituted (25.7.2003 for specified purposes, 29.12.2003 for specified purposes) by Communications Act 2003 (c. 21), ss. 406(1)(6), 408, 411, Sch. 17 para. 56(1)(a)(2)(a) (with Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), 3(1), Sch. 1 (with art. 3(2) (as amended (8.12.2003) by S.I. 2003/3142, art. 1(3))); S.I. 2003/3142, art. 3(2) (with art. 11)

F9 S. 144(6): words in definition of "statutory undertakers" inserted by Road Traffic (Driver Licensing and Information Systems) Act 1989 (c. 22, SIF 107:1), s. 13(1), Sch. 4 para. 3(5)

F10 Word in s. 144(6) in definition of "statutory undertakers" substituted (25.7.2003 for specified purposes, 29.12.2003 for specified purposes) by Communications Act 2003 (c. 21), ss. 406(1)(6), 408, 411, Sch. 17 para. 56(1)(a)(2)(e) (with Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), 3(1), Sch. 1 (with art. 3(2) (as amended (8.12.2003) by S.I. 2003/3142, art. 1(3))); S.I. 2003/3142, art. 3(2) (with art. 11)

Modifications etc. (not altering text)

C1 By Telecommunications Act 1984 (c. 12, SIF 96), s. 109, Sch. 4 para. 3(1), Sch. 5 para. 45 it is provided that references to British Telecommunications in s. 144(6) cease to have effect