Part V E+W+S Traffic Signs

Modifications etc. (not altering text)

C1 Pt. V modified by S.I. 1991/516, art. 3A (which article is inserted by S.I. 1991/808, art. 2(3)).

General provisions E+W+S

70 Default powers of Secretary of State as to traffic signs. E+W+S

(1) If a [F1 local traffic authority] or an authority to whom section 68 of this Act applies fail to comply with any direction given under section 65(2) or section 69 of this Act, the Secretary of State may himself carry out the work required by the direction; and the expenses incurred by him in doing so shall be recoverable by him from the authority, and, in England or Wales, shall be so recoverable summarily as a civil debt.

(2) Any such direction—

(a) if relating to a road in England or Wales, shall be enforceable on the application of the Secretary of State by an order of mandamus; or

(b) if relating to a road in Scotland, shall be enforceable by order of the Court of Session on an application by the Lord Advocate under section 91 of the M1 Court of Session Act 1868.

Textual Amendments

F1 Words in s. 70(1) substituted by New Roads and Street Works Act 1991 (c. 22, SIF 59, 108), ss. 168(1), Sch. 8 para.53; 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.

Modifications etc. (not altering text)

C2 S. 70: transfer of functions (6.5.1999) by S.I. 1999/901, art. 5, Sch.

C3 S. 70(1): transfer of functions (1.7.1999) by S.I. 1999/1750, art. 2, Sch. 1; S.I. 1998/3178, art. 3

Marginal Citations

M1 1868 c. 100(36:).