Subject to subsection (2) below, the powers of a lighting authority shall not be exercised for purposes of the lighting of any highway for which they are not the highway authority except with the consent of the highway authority (which may be given either generally or in respect of any particular highway or length of highway, and either without conditions or subject to such conditions as the highway authority think fit).

Subsection (1) above does not apply to the exercise of powers for the purpose only of the operation or maintenance of a lighting system not transferred to the highway authority under Part III of the M1Local Government Act 1966 or under section 270 above.

References in this section to the powers of a lighting authority are references to their powers under section 161 of the M2Public Health Act 1875 or section 3 of the M3Parish Councils Act 1957 or any corresponding local enactment.