Highways Act 1980

114 Provision of public conveniences by county council for users of roads for which they are the highway authority. E+W

(1) Where the highway authority for a highway or proposed highway are or, as the case may be, will be a county council [F1 or metropolitan district council] they may provide public sanitary conveniences (including lavatories) in proper and convenient situations on or under land adjoining, or in the vicinity of, the highway or proposed highway, and may manage such conveniences.

(2) Before providing any conveniences under subsection (1) above a county council shall give notice of their intention to do so to the council of the district in which the conveniences will be situated.

[F2 (2A) In subsection (2) above, the reference to the council of the district in which the conveniences will be situated shall be read in relation to Wales as a reference to the Welsh council in whose area the conveniences will be situated.

F2 (2B) Where the highway authority referred to in subsection (1) above are or, as the case may be, will be a Welsh council—

(a) subsection (2) above does not apply; but

(b) before providing any conveniences under subsection (1) above outside their county or county borough they shall give notice of their intention to do so to the Welsh council or, as the case may be, the district council in whose area the conveniences will be situated.]

(3) A county council [F1 or metropolitan district council] who provide conveniences under subsection (1) above may make byelaws as to the conduct of persons using or entering them.

[F3 (4) The powers in subsection (1) are without prejudice to—

(a) section 87 of the Public Health Act 1936 (provision of public conveniences in England);

(b) section 116 of the Public Health (Wales) Act 2017 (local authority power to provide public toilets in Wales).]

Textual Amendments

F1 Words inserted by Local Government Act 1985 (c. 51, SIF 81:1), s. 8, Sch. 4 para. 22

F2 S. 114(2A)(2B) inserted (1.4.1996) by 1994 c. 19, s. 22(1), Sch. 7 Pt. I para.10 (with s. 54(7), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 3, Sch.1.

F3 S. 114(4) substituted (31.5.2018) by Public Health (Wales) Act 2017 (anaw 2), s. 126(2), Sch. 4 para. 2; S.I. 2018/605, art. 2(b)