Modifications etc. (not altering text)
C1Pt. V modified by S.I. 1991/516, art. 3A (which article is inserted by S.I. 1991/808, art. 2(3)).
[F2(1)In connection with any order under section 6 or 9 of this Act made or proposed by them, [F3Transport for London,] the council of a London borough and the Common Council of the City of London may, as respects any road F4. . . [F5for which they are the traffic authority] affix any traffic sign to any lamp-post or other structure in the highway, whether or not belonging to [F6Transport for London or] the council.]
[F7(1A)In connection with any GLA road, Transport for London may—
(a)exercise, as respects any road in Greater London which is neither a trunk road nor a GLA road, any powers exercisable by the traffic authority for that road in connection with the placing of traffic signs on or near that road in pursuance of section 65 of this Act; and
(b)affix any such sign to any lamp-post or other structure in the highway, whether or not belonging to Transport for London.
F7(1B)The power conferred by subsection (1A) above shall be exercisable—
(a)in connection with any order under section 6 or 9 of this Act made or proposed to be made by Transport for London; or
(b)in any other circumstances.
F7(1C)Before exercising the power conferred by subsection (1A) above, Transport for London shall consult the traffic authority for the road on or near which Transport for London proposes to place the traffic sign.]
(2)As respects any traffic sign lawfully in place in [F8[F9Greater London]which is required in connection with an order under section 6 or 9 of this Act, it shall be the duty of [F10the appropriate traffic authority]]—
(a)to take such steps to maintain, and to make such alteration of, that sign as may be necessary or expedient in connection with any relevant order, and
(b)to remove the sign if it ceases to be required in connection with any order under section 6 or 9 of this Act.
In paragraph (a) above “relevant order”, in relation to a traffic sign, means an order under section 6 or 9 of this Act in connection with which the traffic sign is required.
[F11(2A)For the purposes of subsection (2) above, “the appropriate traffic authority”, in the case of any traffic sign, is the authority which is the traffic authority for the road as respects which the order under section 6 or 9 of this Act is made in connection with which the traffic sign is required.]
F12(3)—(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F13(6)The powers of Transport for London exercisable under subsection (1A) above by virtue of subsection (1B)(b) above shall extend to the removal or repositioning of any traffic sign on or near the road in question, whether placed by Transport for London or not.
F13(7)On the removal or repositioning by Transport for London of any such traffic sign placed by another authority, the traffic sign shall vest in Transport for London.
F13(8)Except—
(a)with the consent of Transport for London, or
(b)in pursuance of a direction under section 65(2) of this Act,
the traffic authority for a road shall not remove, alter or in any way interfere with any traffic sign placed or repositioned on or near the road by Transport for London by virtue of subsection (1B)(b) above.]
Textual Amendments
F1S. 73 sidenote substituted (3.7.2000) by virtue of 1999 c. 29, s. 273(1)(7) (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2, Sch.
F2S. 73(1) substituted by Local Government Act 1985 (c. 51, SIF 81:1), ss. 1, 2, 8(1), Sch. 5 para. 4(26)(a)
F3Words in s. 73(1) inserted (3.7.2000) by 1999 c. 29, s. 273(1)(2)(a) (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2, Sch.
F4Words in s. 73(1) repealed (3.7.2000) by 1999 c. 29, ss. 273(1)(2)(b), 423, Sch. 34 Pt. IV (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2, Sch.
F5Words in s. 73(1) substituted (1.11.1991) by New Roads and Street Works Act 1991 (c. 22, SIF 59, 108), s. 168(1), Sch. 8 para. 55; which substitution is in force for Scotland only by S.I. 1991/2286, art. 2(2), Sch. 2, and for England and Wales only by S.I. 1991/2288, art. 3, Sch.
F6Words in s. 73(1) inserted (3.7.2000) by 1999 c. 29, s. 273(1)(2)(c) (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2, Sch.
F7S. 73(1A)(1B)(1C) inserted (3.7.2000) by 1999 c. 29, s. 273(1)(3) (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2, Sch.
F8Words substituted by Local Government Act 1985 (c. 51, SIF 81:1), ss. 1, 2, 8(1), Sch. 5 para. 4(26)(b)
F9Words in s. 73(2) substituted (3.7.2000) by 1999 c. 29, s. 273(1)(4)(a) (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2, Sch.
F10Words in s. 73(2) substituted (3.7.2000) by 1999 c. 29, s. 273(1)(4)(b) (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2, Sch.
F11S. 73(2A) inserted (3.7.2000) by 1999 c. 29, s. 273(1)(5) (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2, Sch.
F13S. 73(6)(7)(8) inserted (3.7.2000) by 1999 c. 29, s. 273(1)(6) (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2, Sch.
Modifications etc. (not altering text)
C2S. 73: Certain functions transferred to the Secretary of State by S.I. 1986/315, art. 3(1)
C3S. 73: transfer of functions (3.7.2000) by 1999 c. 29, s. 275(1)(2) (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2, Sch.
(1)For the purpose of placing traffic signs on or near any road in [F14their area] in pursuance of section 65, 68 or 73 of this Act, F15. . . [F16Transport for London and] the council of a London borough F15. . . shall [F17each](subject to subsections (2) to (7) below) have power to affix a traffic sign to any external wall of a building having a frontage to, or constructed over, any such road.
[F18(1A)Subsections (2) to (7) below shall apply in relation to Transport for London as they apply in relation to a London borough council.]
F19(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3)Subject to subsection (4) below, a council shall not affix a traffic sign to the external wall of a building under this section without the consent of the owner of the building.
(4)Where in the opinion of F20. . . the council of a London borough F20. . . any consent required under subsection (3) above is unreasonably withheld, they may apply to the appropriate authority, who may either allow the affixing of the traffic sign subject to such conditions, if any, as to rent or otherwise as the appropriate authority think fit, or disallow the affixing of the traffic sign.
(5)Where any traffic sign has been affixed by a council to a building under this section—
(a)the council shall have the right, as against any person having an interest in the building, to alter or remove it, or to repair or maintain it, but
(b)the owner of the building may give to the council not less than 14 days’ notice requiring them at their own expense temporarily to remove the sign where necessary during any reconstruction or repair of the building.
(6)If any person suffers damage by or in consequence of the affixing of a traffic sign by a council, or by or in consequence of the exercise by a council of the rights conferred by subsection (5)(a) above, he shall be entitled to be paid by the council such compensation as may be agreed with the council or, in default of agreement, determined by arbitration.
(7)Subsection (1) above shall have effect subject to section 2 of the M1Ancient Monuments and Archaeological Areas Act 1979 (under which scheduled monument consent is required for the execution of certain works affecting scheduled monuments).
(8)Nothing in this section shall derogate from the powers of [F21Transport for London or]. . . the council of a London borough to enter on land for the placing of traffic signs in pursuance of section 71 of this Act or to carry out work for the improvement of a highway in pursuance of section 62 of the M2Highways Act 1980 (general power of improvement).
(9)In this section—
“appropriate authority” means a magistrates’ court, except that, in relation to buildings of any description specified in the first column of Schedule 5 to this Act, it means the [F22minister] specified in relation to that description in the second column of that Schedule;
“building” includes a structure and a bridge or aqueduct over a street;
“owner”—
in relation to a building occupied under a tenancy for a term of years of which five years or more remain unexpired, means the occupier of the building, and
in relation to any other building, means the person for the time being receiving the rackrent of the building, whether on his own account or as agent or trustee for any other person, or who would so receive it if the building were let at a rackrent; and
“traffic sign” includes any apparatus required for the illumination of a traffic sign which forms part of the sign.
Textual Amendments
F14Words substituted by Local Government Act 1985 (c. 51, SIF 81:1), ss. 1, 2, 8(1), Sch. 5 para. 4(27)
F15Words repealed by Local Government Act 1985 (c. 51, SIF 81:1), ss. 1, 2, 8(1),102(2)(3), Sch. 5 para. 4(27), Sch. 17
F16Words in s. 74(1) inserted (3.7.2000) by 1999 c. 29, s. 274(1)(2)(a) (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2, Sch.
F17Words in s. 74(1) substituted (3.7.2000) by 1999 c. 29, s. 274(1)(2)(b) (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2, Sch.
F18S. 74(1A) inserted (3.7.2000) by 1999 c. 29, s. 274(1)(3) (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2, Sch.
F19S. 74(2) repealed by Local Government Act 1985 (c. 51, SIF 81:1), ss. 1, 102(2)(3), Sch. 17
F20Words repealed by Local Government Act 1985 (c. 51, SIF 81:1), ss. 1, 102(2)(3), Sch. 17
F21Words in s. 74(8) inserted (3.7.2000) by 1999 c. 29, s. 274(1)(4) (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2, Sch.
F22Word in s. 74(9) substituted (25.11.2002) by The Transfer of Functions (Transport, Local Government and the Regions) Order 2002 (S.I. 2002/2626), art. 20, Sch. 2 para. 11(2)
Modifications etc. (not altering text)
C4S. 74: certain functions transferred to the Secretary of State by S.I. 1986/315, art. 3(1)
C5S. 74: transfer of functions (3.7.2000) by 1999 c. 29, s. 275(1)(2) (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2, Sch.
S. 74: transfer of functions (25.11.2002) by The Transfer of Functions (Transport, Local Government and the Regions) Order 2002 (S.I. 2002/2626), art. 4(b) (with arts. 7, 8)
C6S. 74 modified (18.12.2013) by London Local Authorities and Transport for London Act 2013 (c. v), ss. 1(3), 3, 4(2)
Marginal Citations
M11979 c. 46(3).
M21980 c. 66(59).
(1)If a London borough council requests Transport for London to provide any new traffic light installations for a road in Greater London which is neither a GLA road nor a trunk road, Transport for London shall approve and carry out the work unless it considers that there are reasonable grounds for refusing to do so.
(2)If Transport for London and a London borough council so agree, Transport for London may make a scheme transferring to the council—
(a)any part of the London traffic control system, and
(b)the power to maintain and operate that part of the system.
(3)The council for a London borough may, with the approval of Transport for London, buy, own, maintain and operate new traffic light installations for any road in the borough other than a trunk road.
(4)Where the powers conferred by subsection (2) or (3) above are exercised, the London borough council concerned shall, as respects the traffic signs comprised in—
(a)the part of the London traffic control system transferred by the scheme under subsection (2) above, or
(b)the traffic light installations referred to in subsection (3) above,
be treated (to the exclusion of Transport for London) as the traffic authority for all roads in Greater London (other than trunk roads) on or near which those traffic signs are placed.
(5)Any exercise of the powers conferred by subsections (1) to (3) above is subject to the agreement of financial arrangements between Transport for London and the council concerned.
(6)Before Transport for London—
(a)changes the operating cycle, or the timing of the operating cycle, of any traffic light installations provided on a road in Greater London which is neither a GLA road nor a trunk road, or
(b)provides new traffic light installations for such a road,
Transport for London shall consult the council of the London borough in which the installations are or are to be provided.
(7)In this section—
“the London traffic control system” means the traffic control system which Transport for London has power to operate by virtue of the functions transferred to it—
by section 275 of the Greater London Authority Act 1999; or
by a scheme under subsection (1) or (3) of section 74B of this Act transferring functions of the Secretary of State to Transport for London;
“traffic control system” means a system for controlling the movement of vehicular traffic or of pedestrians by means of traffic light installations;
“traffic light installations” means—
traffic signs which are light signals for controlling the movement of vehicular traffic or of pedestrians; or
any installations or apparatus used in connection with the operation of any such traffic signs.
(8)For the purposes of this section—
(a)the City of London shall be treated as if it were a London borough;
(b)the Common Council shall be treated as if it were the council for a London borough; and
(c)the Inner Temple and the Middle Temple shall be treated as forming part of the City.]
Textual Amendments
F23S. 74A inserted (3.7.2000) by 1999 c. 29, s. 276 (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2, Sch.
(1)If the Secretary of State [F26or a strategic highways company] and Transport for London so agree, the Secretary of State [F27or the company] may make a scheme transferring to Transport for London—
(a)the traffic control system for a trunk road in Greater London; and
(b)the power to maintain and operate that system.
(2)If Transport for London and the Secretary of State [F26 or a strategic highways company] so agree, Transport for London may make a scheme transferring to the Secretary of State [F27or the company]—
(a)the London traffic control system; and
(b)the power to maintain and operate that system.
(3)If, in a case where a traffic control system has been transferred under this section, the transferee and the transferor so agree, the transferee may make a scheme transferring back to the transferor the system and the power to maintain and operate it.
(4)A scheme under subsection (1), (2) or (3) above may make provision for the transferee to be treated (to the exclusion of the transferor), as respects the traffic signs comprised in the traffic control system transferred, as the traffic authority for specified roads in Greater London on or near which those traffic signs are placed.
(5)Any exercise of the powers conferred by subsections (1) to (3) above is subject to the agreement of financial arrangements between the Secretary of State [F28or the strategic highways company] and Transport for London.
(6)Any reference in this section to a traffic control system includes a reference to part of a traffic control system.
(7)Expressions used in this section and in section 74A above have the same meaning in this section as they have in that section.]
Textual Amendments
F24S. 74B inserted (3.7.2000) by 1999 c. 29, s. 277 (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2, Sch.
F25Words in s. 74B heading inserted (5.3.2015) by Infrastructure Act 2015 (c. 7), s. 57(1), Sch. 1 para. 86(4); S.I. 2015/481, reg. 2(a)
F26Words in s. 74B(1)(2) inserted (5.3.2015) by Infrastructure Act 2015 (c. 7), s. 57(1), Sch. 1 para. 86(2)(a); S.I. 2015/481, reg. 2(a); S.I. 2015/481, reg. 2(a)
F27Words in s. 74B(1)(2) inserted (5.3.2015) by Infrastructure Act 2015 (c. 7), s. 57(1), Sch. 1 para. 86(2)(b); S.I. 2015/481, reg. 2(a); S.I. 2015/481, reg. 2(a)
F28Words in s. 74B(5) inserted (5.3.2015) by Infrastructure Act 2015 (c. 7), s. 57(1), Sch. 1 para. 86(3); S.I. 2015/481, reg. 2(a)
(1)This section has effect for the purposes of sections 65, 73, 74, 74A, 74B and 75 of this Act.
(2)In the application of those provisions to traffic signs in Greater London which are light signals for controlling the movement of vehicular traffic or of pedestrians, Transport for London shall at all times be deemed to be the traffic authority for all roads in Greater London other than trunk roads.
(3)Without prejudice to the powers of the traffic authority for the road in question, Transport for London shall also be deemed to be the traffic authority for any road in Greater London for which they are not in fact the traffic authority for the purposes of the exercise by them as respects that road under section 73(1A) above of any powers exercisable by the traffic authority for that road.
(4)Subsections (2) and (3) above are subject to any provision to the contrary made by or under section 74A or 74B of this Act.]
Textual Amendments
F29S. 74C inserted (3.7.2000) by 1999 c. 29, s. 278 (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2, Sch.
(1)For the purpose of placing traffic signs on or near any road in the City of London in pursuance of section 65 of this Act, or any apparatus required for illumination forming part of any such sign, the Corporation, subject to subsections (2) and (3) below, shall have power to affix any such sign or apparatus to the external wall of any building fronting any such road.
(2)Section 53 of the M3City of London (Various Powers) Act 1900 (which, in relation to things affixed for the public lighting of streets, provides for compensation for injury and makes special provision as to railway property and Crown property) shall apply in relation to the affixing of any traffic sign or apparatus under subsection (1) above as it applies to the affixing of brackets, wires, pipes, lamps and apparatus for the public lighting of streets, and shall so apply as if, in that section, “street” included any road within the meaning of this Act.
(3)Nothing in this section shall authorise the Corporation, without the consent of the Secretary of State, to affix any traffic sign or apparatus forming part of any such sign to—
(a)any building for the time being included in a list published by the Secretary of State under any enactments for the time being in force with respect to ancient monuments, or
(b)any building for the time being included in a list of buildings of special architectural or historic interest compiled by the Secretary of State under [F30section 1 of the Planning (Listed Buildings and Conservation Areas) Act 1990], not being a building to which paragraph (a) above applies.
(4)Subsection (3) above is without prejudice to section 2 of the M4Ancient Monuments and Archaeological Areas Act 1979 (under which scheduled monument consent is required for the execution of certain works affecting scheduled monuments).
(5)In this section “the Corporation” means the mayor and commonalty and citizens of the City of London acting by the Common Council.
Textual Amendments
F30Words substituted by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 4, Sch. 2 para. 64(1)
Modifications etc. (not altering text)
C7S. 75: Certain functions transferred to the Secretary of State by S.I. 1986/315, art. 3(1)
C8S. 75: transfer of functions (3.7.2000) by 1999 c. 29, s. 275(1)(2) (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2, Sch.
Marginal Citations
M31900 c. ccxxviii.
M41979 c. 46(3).
Textual Amendments
F31S. 76 repealed (subject to saving in s. 294(2)-(8) of the repealing Act) (3.7.2000) by 1999 c. 29, ss. 294(1)(a), 423, Sch. 34, Pt. VI (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2, Sch.