Local Government (Miscellaneous Provisions) Act 1976

Highways

1 Power to erect flagpoles etc on highways

(1) Subject to the following subsection, a local authority may—

(a) erect flagpoles, pylons and other structures on any highway in its 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 the preceding paragraphs;

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 shall not be entitled to exercise the powers conferred on it by the preceding subsection in respect of a highway for which it is not the highway authority except with the consent in writing of the highway authority for the highway, and shall not be 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 its consent in pursuance of the preceding subsection on such terms as it thinks 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 which the consent was given).

(4) It shall be the duty of an authority by which 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 is 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 shall be guilty of an offence and liable on summary conviction to a fine not exceeding £50 or, in the case of a second or subsequent conviction under this subsection, not exceeding £100.

2 Control of scaffolding on highways

(1) Subject to subsection (7) of this section no person shall, in connection with any building or demolition work or the alteration, repair, maintenance or cleaning of any building, erect or retain on or over a highway any scaffolding or other structure which obstructs the highway (hereafter in this section referred to as a " relevant structure ") unless he is authorised to do so by a licence in writing issued for the purposes of this section by the highway authority (hereafter in this section referred to as " a licence ") and complies with the terms of the licence ; and a licence may contain such terms as the authority issuing it thinks fit.

(2) If a person applies to a highway authority for a licence in respect of any relevant structure and furnishes the authority with such particulars in connection with the structure as the authority reasonably demands, it shall be the duty of the authority to issue a licence to him in respect of the structure unless the authority considers—

(a) that the structure would cause unreasonable obstruction of a highway ; or

(b) that a relevant structure erected otherwise than as proposed by the applicant would cause less obstruction of a highway than the structure proposed by him and could conveniently be used for the work in question.

(3) If on an application for a licence in connection with a highway the highway authority refuses to issue a licence or issues a licence containing terms to which the applicant objects, the applicant may appeal to a magistrates' court against the refusal or terms ; and on such an appeal the court may—

(a) in the case of an appeal against a refusal, direct the highway authority to issue a licence in pursuance of the application;

(b) in the case of an appeal against the terms of the licence, alter the terms.

(4) Sections 273 to 275, 277 and 278 of the [1959 c. 25.] Highways Act 1959 (which contain supplementary provisions connected with appeals) shall have effect as if references in those sections to that Act included references to this section.

(5) Subject to subsection (7) of this section, it shall be the duty of a person to whom a licence is issued by a highway authority in respect of a relevant structure—

(a) to ensure that the structure is adequately lit at all times between half an hour after sunset and half an hour before sunrise;

(b) to comply with any directions given to him in writing by the authority with respect to the erection and maintenance of traffic signs in connection with the structure; and

(c) to do such things in connection with the structure as any statutory undertakers reasonably request him to do for the purpose of protecting or giving access to any apparatus belonging to or used or maintained by the undertakers.

(6) A person who contravenes the provisions of subsection (1) of this section otherwise than by failing to comply with the terms of a licence or who fails without reasonable excuse to comply with the terms of a licence or to perform a duty imposed on him by the preceding subsection shall be guilty of an offence and liable on summary conviction to a fine not exceeding £400.

(7) Nothing in the preceding provisions of this section applies to a relevant structure erected before the coming into force of this section or erected or retained by the British Railways Board, the British Waterways Board or the London Transport Executive in the exercise of powers conferred on the body in question by any enactment; and nothing in paragraphs (a) and (b) of subsection (5) of this section applies to a relevant structure if no part of it is less than eighteen inches in a horizontal direction from a carriage-way of the relevant highway and no part of it over a footway of the relevant highway is less than eight feet in a vertical direction above the footway.

In this subsection " carriage-way " and " footway " have the Same meanings as in the [1959 c. 25.] Highways Act 1959.

(8) No civil or criminal proceedings shall lie in respect of any obstruction of a highway which is caused by a relevant structure if the structure is on or over the highway in accordance with a licence and the person to whom the licence is issued performs the duties imposed on him in respect of the structure by subsection (5) of this section; and a highway authority by which a licence is issued shall not incur any liability by reason of the issue of the licence.

(9) Section 287 of the Highways Act 1959 (under which certain enactments relating to highways may be applied to Crown land) shall have effect as if the reference to that Act in subsection (2) included a reference to subsections (1) to (8) of this section.

3 Control of mixing of mortar etc on highways

(1) Subject to the following subsection, a person who mixes or deposits on a highway any mortar or cement or any other substance which is likely to stick to the surface of the highway or which, if it enters drains or sewers connected with the highway, is likely to solidify in the drains or sewers shall be guilty of an offence and liable on summary conviction to a fine not exceeding £200.

(2) Nothing in the preceding subsection applies to any mixing or deposit—

(a) in a receptacle or on a plate which prevents the substance in question from coming into contact with the highway and from entering any drains and sewers connected with the highway;

(b) by the highway authority or a local authority in connection with the maintenance or alteration of the highway or a bridge over which or a tunnel through which the highway passes ;

(c) by a body having a duty under an enactment to maintain—

(i) a bridge over which or a tunnel through which the highway passes, or

(ii) works or materials supporting or protecting the highway where it forms part of the approaches to such a bridge or tunnel,

if the mixing or deposit is in connection with the maintenance or alteration of the bridge, tunnel, works or materials;

(d) by statutory undertakers in connection with apparatus in or the placing of apparatus in the highway ;

(e) by a person entitled to the benefit of a licence in respect of the highway under section 41 of the [1971 c. 41.] Highways Act 1971 (which relates to the placing of apparatus in highways) if the mixing or deposit cannot reasonably be done elsewhere than on the highway.

(3) In paragraphs (b) and (c) of the preceding subsection " maintain " and " maintenance " have the same meanings as in the [1959 c. 25.] Highways Act 1959.

4 Conditions of consents for temporary deposits and excavations in highways

(1) A highway authority may give its consent in pursuance of subsection (1) of section 146 of the [1959 c. 25.] Highways Act 1959 (which relates to temporary deposits and excavations in highways) subject to such conditions as it thinks fit including in particular, without prejudice to the generality of the preceding provisions of this subsection, conditions for preventing damage or ensuring access to apparatus of statutory undertakers.

(2) A person to whom such a consent is given subject to conditions may appeal to a magistrates' court against the conditions ; and sections 273 to 275, 277 and 278 of the Highways Act 1959 (which contain supplementary provisions connected with appeals) shall have effect as if references in those sections to that Act included references to this section.

(3) It shall be the duty of a person who makes such a deposit or excavation as is mentioned in the said subsection (1) to comply with any directions given to him in writing by the highway authority with respect to the erection and maintenance of traffic signs in connection with the deposit or excavation.

(4) A person who without reasonable excuse contravenes any condition subject to which a consent is given to him in pursuance of the said subsection (1) or fails to perform the duty imposed on him by the preceding subsection shall be guilty of an offence and liable on summary conviction to a fine not exceeding £10 in respect of each day on which the contravention or failure occurs.

(5) In Schedule 17 to the Highways Act 1959 (under which the said section 146 is included among the provisions of that Act to which the sections mentioned in the heading of that Schedule apply) the reference to the said section 146 shall be construed as if it included a reference to subsections (1) to (4) of this section and as if those subsections were provisions of that Act.

5 Unauthorised marks on highways

(1) A person who, without either the consent of the highway authority for the highway in question or an authorisation given by or under an enactment or a reasonable excuse, paints or otherwise inscribes or affixes any picture, letter, sign or other mark upon the surface of a highway or upon any tree, structure or works on or in a highway shall be guilty of an offence and liable on summary conviction to a fine not exceeding £100 or, in the case of a second or subsequent conviction under this subsection, not exceeding £200.

(2) The highway authority for a highway may, without prejudice to its powers apart from this subsection and whether or not proceedings in respect of the matter have been taken in pursuance of the preceding subsection, remove any picture, letter, sign or other mark which has, without either the consent of the authority or an authorisation given by or under an enactment, been painted or otherwise inscribed or affixed upon the surface of the highway or upon any tree, structure or works on or in the highway.

6 Revocation and amendment of orders prescribing new streets

(1) A county council, a London borough council or the Common Council may by an order in writing—

(a) revoke a new street order ;

(b) amend a new street order relating to two or more streets so as to reduce the number of streets to which the order relates ;

(c) amend a new street order so as to exclude from it a part of a street but not so as to make the order relate to parts of the same street which are not continuous.

(2) It shall be the duty of a council which proposes to make an order in pursuance of the preceding subsection to cause notice of the proposal to be displayed, at least one month before it makes the order, in a conspicuous position in each street to which the proposal relates and to include in the notice a statement indicating that the order may be made on or at any time after a date specified in the notice.

(3) Where a county council makes an order in pursuance of subsection (1) of this section it shall be the duty of the council to send a copy of the order as soon as practicable to each registering authority for the purposes of the [1975 c. 76.] Local Land Charges Act 1975 within whose area any street or part of a street to which the order relates is situated.

(4) In this section "new street order", in relation to a council, means an order having effect by virtue of section 159 of the [1959 c. 25.] Highways Act 1959 or paragraph 22 of Schedule 24 to that Act so far as the order relates to the area of the council, and " street" has the same meaning as in that Act.

(5) In sub-paragraph (1) of the said paragraph 22 the words " so however that the appropriate authority may at any time revoke the order " shall cease to have effect.

7 Control of road-side sales

(1) If a highway authority considers that, for the purpose of avoiding danger on or facilitating the passage of traffic over a highway for which it is the highway authority, it is appropriate to make an order under this subsection in respect of the highway, the authority may make an order (hereafter in this section referred to as a " control order ") specifying the highway and providing that, subject to subsection (5) of this section—

(a) no person shall sell anything on the highway or offer or expose anything for sale on the highway ; and

(b) no person shall, for the purpose of selling anything or offering or exposing anything for sale on the highway or of attracting from users of the highway offers to buy anything, put, keep or use on the highway, or on land within fifteen metres from any part of the highway any stall or similar structure or any container or vehicle.

(2) The highway authority for a highway in respect of which a control order is in force may vary or revoke the order by a subsequent order.

(3) Section 84C(1) to (5) and (6) of the [1967 c. 76.] Road Traffic Regulation Act 1967 (which relate to the procedure for making orders under the provisions of that Act mentioned in subsections (1) and (5) of that section) shall have effect as if subsections (1) and (2) of this section were included among those provisions.

(4) If a person contravenes a control order which is in force for a highway, the highway authority for the highway may by a notice served on him require him not to contravene the order after a date specified in the notice (which must not be before the expiration of the period of 7 days beginning with the date of service of the notice); and—

(a) if a person on whom a notice relating to a contravention of a control order is served in pursuance of this subsection contravenes the order after the expiration of that period, or causes, permits or procures another person to contravene it after the expiration of that period, he shall be guilty of an offence and liable on summary conviction to a fine not exceeding £50 ;

(b) if a contravention in respect of which a person is convicted of an offence in pursuance of the preceding paragraph is continued by him after the expiration of the period of 7 days beginning with the date of the conviction he shall, as respects each day on which the contravention is so continued, be guilty of a further offence and liable on summary conviction to a fine not exceeding £10.

(5) A control order does not apply—

(a) to anything done at premises used as a shop or petrol filling station either—

(i) in pursuance of planning permission granted or deemed to be granted under the [1971 c. 78.] Town and Country Planning Act 1971, or

(ii) in a case where the premises are, without such permission, lawfully used as a shop or petrol filling station, or

(iii) without prejudice to the generality of sub-paragraph (ii) above, in a case where by virtue of section 87 of that Act (which relates to enforcement notices) an enforcement notice in respect of that use of the premises cannot be served ;

(b) to anything done at a market in respect of which tolls, stallages or rents are payable;

(c) to the sale, offer or exposure for sale of things from or on a vehicle which is used only for the purpose of itinerant trading with the occupiers of premises or which is used only for that purpose and for purposes other than trading;

(d) to such a vehicle as is mentioned in the preceding paragraph or to containers on the vehicle ;

(e) to, or to containers used in connection with, the sale, offer or exposure for sale, by or on behalf of the occupier of land used for agriculture and on that land, of agricultural produce produced on that land;

(f) to the provision, in a lay-by situated on a highway, of facilities for the purchase of refreshments by persons travelling on the highway or on another highway near to the highway;

(g) to anything as respects which the control order provides that the order is not to apply to it.

In paragraph (e) of this subsection " agriculture " and " agricultural " have the same meanings as in the [1947 c. 48.] Agriculture Act 1947.

(6) References in the preceding provisions of this section to a control order are, in the case of a control order which has been varied in pursuance of subsection (2) of this section, references to the order as so varied.