Highways Act 1980

287 Power to erect barriers in streets in cases of emergency etc. E+W

(1) Subject to the provisions of this section, for the purpose of securing public order or public safety or preventing congestion of traffic a competent authority may, in any case of emergency or on any occasion on which it is likely by reason of some special attraction that any street will be thronged or obstructed, cause barriers to be erected in any street and kept in position for so long as may be necessary for that purpose.

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) For the purpose of erecting barriers in a street under this section a competent authority may provide and maintain sockets or slots in or under the surface of the street.

(3) A competent authority shall not exercise the powers conferred by this setion in such a way as to deprive pedestrians of reasonable access to any premises.

(4) Schedule 8 to this Act applies to the powers conferred on competent authorities by this section.

(5) If a person wilfully removes a barrier, socket or slot erected or provided under this section, he is guilty of an offence and liable to a fine not exceeding [F1 level 1 on the standard scale].

(6) In this section “local authority” means any of the following, namely, the council of a district or London borough,. . . F2 the Common Council and the Council of the Isles of Scilly [F3 but in relation to Wales, means a Welsh council].

Textual Amendments

F1 Words substituted by virtue of Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 38, 46

F2 Words repealed by Local Government Act 1985 (c. 51, SIF 81:1), s. 102, Sch. 17

F3 Words in s. 287(6) added (1.4.1996) by 1994 c. 19, s. 22(1), Sch. 7 Pt. I para.26 (with s. 54(7), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 3, Sch.1.

Modifications etc. (not altering text)

C1 S. 287 modified (22.7.2008) by Transport for London Act 2008 (c. i), ss. 1(1), 39 (with s. 48)