Road Traffic Regulation Act 1984

74 Affixing of traffic signs to walls. E+W+S

(1) For the purpose of placing traffic signs on or near any road in [F1 their area] in pursuance of section 65, 68 or 73 of this Act, F2 . . . [F3 Transport for London and] the council of a London borough F2 . . . shall [F4 each](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.

[F5 (1A) Subsections (2) to (7) below shall apply in relation to Transport for London as they apply in relation to a London borough council.]

F6 (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 F7 . . . the council of a London borough F7 . . . 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 M1 Ancient 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 [F8 Transport 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 M2 Highways 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 [F9 minister] 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”—

  (a)

  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

  (b)

  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

F1 Words substituted by Local Government Act 1985 (c. 51, SIF 81:1), ss. 1, 2, 8(1), Sch. 5 para. 4(27)

F2 Words 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

F3 Words 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.

F4 Words 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.

F5 S. 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.

F6 S. 74(2) repealed by Local Government Act 1985 (c. 51, SIF 81:1), ss. 1, 102(2)(3), Sch. 17

F7 Words repealed by Local Government Act 1985 (c. 51, SIF 81:1), ss. 1, 102(2)(3), Sch. 17

F8 Words 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.

F9 Word 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)

C1 S. 74: certain functions transferred to the Secretary of State by S.I. 1986/315, art. 3(1)

C2 S. 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)

Marginal Citations

M1 1979 c. 46(3).

M2 1980 c. 66(59).