Chwilio Deddfwriaeth

Highways Act 1980

 Help about what version

Pa Fersiwn

 Help about advanced features

Nodweddion Uwch

 Help about opening options

Dewisiadau AgorExpand opening options

Changes over time for: Section 149

 Help about opening options

Version Superseded: 22/07/2020

Alternative versions:

Status:

Point in time view as at 03/07/2000. This version of this provision has been superseded. Help about Status

Changes to legislation:

Highways Act 1980, Section 149 is up to date with all changes known to be in force on or before 09 March 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

149 Removal of things so deposited on highways as to be a nuisance etc.E+W

(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.

Modifications etc. (not altering text)

C1S. 149: functions of local authority not to be responsibility of an executive of the authority (E.) (16.11.2000) by virtue of S.I. 2000/2853, reg. 2(1), Sch. 1

Yn ôl i’r brig

Options/Cymorth

You have chosen to open The Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act without Schedules as a PDF

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?