286 Power to require angles of new buildings at corners of streets to be rounded off.
(1) A local authority or, if there is a local highway authority for either of the two streets in question, that highway authority, may require the corner of a building intended to be erected at the corner of two streets in the area of the local authority to be rounded or splayed off to the height of the first storey or to the full height of the building, and to such extent otherwise as they may determine.
(2) A person aggrieved by a requirement of a local authority or local highway authority under this section may appeal to a magistrates’ court.
(3) A local authority or local highway authority shall pay compensation for any loss which may be sustained through the exercise by them of their powers under this section.
(4) This section does not apply to a building, other than a dwelling-house, belonging to any of the following undertakers and used by them for the following purposes respectively:—
(a) railway undertakers, for purposes of a railway comprised in the railway undertaking;
(b) canal undertakers, for purposes of a canal comprised in the canal undertaking;
(c) inland navigation undertakers, for purposes of a navigation comprised in the inland navigation undertaking;
(d) dock undertakers, for purposes of a dock comprised in the dock undertaking;
(e) harbour undertakers, for purposes of a harbur comprised in the harbour undertaking;
(f) pier undertakers, for purposes of a pier comprised in the pier undertaking.
287 Power to erect barriers in streets in cases of emergency etc.
(1) Subject to the provisions of this section, for the purpose of securing public order or public safety or preventing congestion of traffic a competent authority may, in any case of emergency or on any occasion on which it is likely by reason of some special attraction that any street will be thronged or obstructed, cause barriers to be erected in any street and kept in position for so long as may be necessary for that purpose.
For the purposes of this section the following are competent authorities—
(a) in the case of a street outside Greater London which is a highway, a local authority and also the highway authority;
(b) in the case of any other street, a local authority.
(2) For the purpose of erecting barriers in a street under this section a competent authority may provide and maintain sockets or slots in or under the surface of the street.
(3) A competent authority shall not exercise the powers conferred by this setion in such a way as to deprive pedestrians of reasonable access to any premises.
(4) Schedule 8 to this Act applies to the powers conferred on competent authorities by this section.
(5) If a person wilfully removes a barrier, socket or slot erected or provided under this section, he is guilty of an offence and liable to a fine not exceeding level 1 on the standard scale.
(6) In this section “local authority” means any of the following, namely, the council of a district or London borough,. . . the Common Council and the Council of the Isles of Scilly but in relation to Wales, means a Welsh council.
288 Power to require gas and water pipes to be moved.
(1) Section 153 of the Public Health Act 1875 (power to require gas and water pipes to be moved) applies for the purposes of any provisions of this Act to which this section applies as it applies for the purposes of that Act; but the said section 153 does not apply in any case in which the code in Part II of the Public Utilities Street Works Act 1950 (relations between an authority carrying out road alterations and undertakers whose apparatus is affected thereby) has effect.
(2) A local authority shall pay compensation to any person who sustains damage by reason of the execution by them of works under this section.
(3) This section applies to section 294 below and to the other provisions of this Act which are specified in Schedule 22 to this Act.
289 Powers of entry of highway authority for the purpose of survey.
(1) A person duly authorised in writing by a highway authority may at any reasonable time enter on any land for the purpose of surveying that or any other land in connection with the exercise by that authority, in their capacity as a highway authority, of any of their functions.
(1A) A person may not be authorised under subsection (1) to enter and survey or value land in connection with a proposal to acquire an interest in or a right over land (but see section 172 of the Housing and Planning Act 2016).
(2) The power conferred by this section to enter on land includes power to place and leave on or in the land any apparatus for use in connection with any survey of that or any other land (whether from the air or on the ground) and to remove such apparatus.
(3) The power conferred by this section to survey land includes power to search and bore for the purpose of ascertaining—
(a) the nature of the subsoil or the presence of minerals in it;
(b) whether any damage to a highway maintainable at the public expense for which the authority are the highway authority is being caused or is likely to be caused by mining operations or other activities taking place under the highway or in or under land adjoining, or in the vicinity of the highway.
290 Supplementary provisions as to powers of entry for the purpose of survey.
(1) A person authorised under section 289 above to enter on any land shall, if so required, produce evidence of his authority before or after entering on that land.
(2) A person so authorised may take with him on to the land in question such other persons, and such vehicles and equipment, as he may consider necessary.
(3) Subject to subsection (6) below, a person shall not under section 289 above demand admission as of right to any land which is occupied unless at least 7 days’ notice of the intended entry has been given to the occupier.
(4) Subject to subsection (6) below, a person shall not, in the exercise of a power conferred by section 289 above, place or leave any apparatus on or in any land or remove any apparatus therefrom unless notice of his intention to do so has been included in the notice required by subsection (3) above and a like notice has been given to the owner of the land.
(5) A person shall not execute any works authorised by section 289(3) above unless notice of his intention to do so was included in the notices required by subsections (3) and (4) above and, where the interests of the Coal Authority, of any licensed operator (within the meaning of the Coal Industry Act 1994, or of any. . . or statutory undertakers are liable to be affected by the proposed works, a like notice has been given to that Authority or, as the case may be, to the licensed operator or statutory undertakers concerned.
(6) Where a highway authority intend to place and leave apparatus on or in a highway or to remove apparatus therefrom, or to execute in relation thereto such works as are authorised by section 289(3) above, no notice need be given to the occupier or owner of the land over which the highway subsists; but if the highway authority are not the highway authority for the highway, they shall give to that authority such notice as is required by subsections (4) and (5) above to be given to the owner.
(7) If . . .any. . . statutory undertakers to whom notice is given under subsection (5) above object to the proposed works on the ground that the execution thereof would be seriously detrimental to the carrying on of their undertaking. . . , the works shall not be executed except with the authority of the appropriate Minister.
(8) Where in the exercise of a power conferred by section 289 above works authorised by subsection (3) of that section are to be executed in a street—
(a) section 55 of the New Roads and Street Works Act 1991 (notice of starting date of works), so far as it requires notice to be given to a person having apparatus in the street which is likely to be affected by the works,
(b) section 69 of that Act (requirements to be complied with where works likely to affect another person’s apparatus in the street), and
(c) section 82 of that Act (liability for damage or loss caused),
have effect in relation to the works as if they were street works within the meaning of Part III of that Act.
(9) A universal service provider in connection with the provision of a universal postal service,the Civil Aviation Authority and a person who holds a licence under Chapter I of Part I of the Transport Act 2000 (to the extent that the person is carrying out activities authorised by the licence) are to be deemed to be statutory undertakers and their respective undertakings statutory undertakings for the purposes of the foregoing provisions of this section.
(9A) For the purposes of subsection (9) above, the undertaking of a universal service provider shall be taken to be his undertaking so far as it relates to the provision of a universal postal service.
(9B) For the purposes of subsection (9) above, the undertaking of a person who holds a licence under Chapter I of Part I of the Transport Act 2000 shall not be considered to be a statutory undertaking except to the extent that it is the person’s undertaking as licence holder.
(10) In this section “the appropriate Minister” means—
(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b) in relation to statutory undertakers carrying on any railway, tramway, road transport, dock, harbour or pier undertaking, the Minister of Transport; and
(c) in all other cases, the Secretary of State.
291 Powers of entry of highway authority for purpose of maintaining, etc. certain structures and works.
(1) Where a highway authority have power or a right to maintain, alter or remove any structure or work which is situated on, over or under any land, and that land neither belongs to the highway authority nor forms part of a highway for which they are the highway authority, then, if for the purpose of exercising that power or that right it is necessary for a person to enter on that land or any other land, a person duly authorised in writing by that authority may at any reasonable time enter on that land or any other land for that purpose.
(2) Subsections (1), (2) and (3) of section 290 above have effect in relation to a person authorised under this section to enter on any land as they have effect in relation to a person authorised under section 289 above to enter on any land.
(3) In relation to a bridge to which section 118 of the Transport Act 1968 (duty of highway authorities, etc. as respects bridges over railways or inland waterways) applies, and which belongs to a highway authority, subsections (1) and (2) above have effect subject to the provisions of that section.
(4) In this section—
“structure” includes a bridge, fence, barrier or post;
“work” includes a tunnel, ditch, gutter, watercourse, culvert, drain, soak-away or pipe.
(5) Nothing in this section affects the powers of a highway authority under section 100 above.
(6) Nothing in this section affects any agreement for the time being in force between a highway authority having power or a right to maintain, alter or remove a structure or work and any person having an interest in the land on, over or under which it is situated, being an agreement relating to the maintenance of or other dealing with the structure or work.
292 Compensation for damage resulting from, and offences connected with, exercise of powers of entry etc. under section 289 or 291.
(1) Where, in the exercise of a power conferred by section 289 or 291 above to enter, or to do anything, on any land, any damage is caused to that land or to any chattels on it, any person interested in that land or those chattels may, subject to subsection (2) below, recover compensation in respect of that damage from the highway authority by whom or on whose behalf the power was exercised; and where in consequence of the exercise of such a power any person interested in the land or in any chattels on it is disturbed in his enjoyment thereof, he may recover from that authority compensation in respect of the disturbance.
(2) Where any person is entitled under section 82 of the New Roads and Street Works Act 1991, as applied by section 290(8) above, to compensation in respect of any matter, he is not entitled to recover compensation under subsection (1) above in respect of the same matter.
(3) A person who wilfully obstructs a person acting in the exercise of a power conferred by section 289 or 291 above, or who removes or otherwise interferes with any apparatus placed or left on or in any land in exercise of a power conferred by section 289 above, is guilty of an offence and liable to a fine not exceeding level 3 on the standard scale.
(4) If a person who, in compliance with the provisions of section 289 or 291 above, is admitted into a factory, workshop or workplace discloses to any person any information obtained by him therein as to any manufacturing process or trade secret, then, unless the disclosure is made in the course of performing his duty in connection with the purposes for which he was authorised to enter the land, he is guilty of an offence and liable—
(a) on summary conviction to a fine not exceeding the prescribed sum within the meaning of section 32(9) of the Magistrates’ Courts Act 1980 (£1,000 or such other sum as may be fixed by order under section 143(1) of that Act); or
(b) on conviction on indictment to imprisonment for a term not exceeding 2 years or to a fine, or both.
293 Powers of entry for purposes connected with certain orders relating to footpaths and bridleways.
(1) A person duly authorised in writing by the Secretary of State or other authority having power under this Act to make a public path creation order, a public path extinguishment order , a rail crossing extinguishment order, a special extinguishment order a public path diversion order , a rail crossing diversion order, a special diversion order or an SSSI diversion order may enter upon any land for the purpose of surveying it in connection with the making of the order.
(2) For the purpose of surveying land, or of estimating its value, in connection with a claim for compensation payable by an authority in respect of that or any other land under section 28 above, or under that section as applied by section 121(2) above, a person who is an officer of the Valuation Office or who has been duly authorised in writing by the authority from whom the compensation is claimed may enter upon the land.
(3) A person authorised under this section to enter upon any land shall, if so required, produce evidence of his authority before entering; and a person shall not under this section demand admission as of right to any land which is occupied unless at least 7 days’ notice in writing of the intended entry has been given to the occupier.
(4) A person who wilfully obstructs a person acting in the exercise of his powers under this section is guilty of an offence and liable to a fine not exceeding level 3 on the standard scale.
294 Entry, etc., of premises by highway authority or council for certain purposes.
(1) If, in the discharge of functions conferred or imposed on an authority, being a highway authority or council, by a provision of this Act to which this section applies, it becomes necessary for an authorised officer of the authority to enter, examine or lay open any premises for the purpose of—
(a) surveying,
(b) making plans,
(c) executing, maintaining or examining works,
(d) ascertaining the course of sewers or drains,
(e) ascertaining or fixing boundaries, or
(f) ascertaining whether any hedge, tree or shrub is dead, diseased, damaged or insecurely rooted,
and the owner or occupier of the premises refuses to permit the premises to be entered, examined or laid open for any such purpose, the authority, after giving notice to the owner or occupier of their intention to do so, may make a complaint to a magistrates’ court for an order authorising the authority by any authorised officer to enter, examine and lay open the premises for any such purpose.
(2) If on the hearing of the complaint no sufficient cause is shown against the making of the order for which the complaint is made, the court may make the order, and thereupon any authorised officer of the complainant authority may, subject to subsection (3) below, at all reasonable times between the hours of 9 a.m. and 6 p.m., enter, examine or lay open the premises described in the order for such of the purposes mentioned in subsection (1) above as are specified in the order.
(3) Except in a case of emergency, no entry shall be made on any premises, and no works shall be begun therein, under subsection (2) above unless at least 7 days’ notice of the intended entry, and of the object thereof, has been given to the occupier of the premises.
(4) Where, in the course of an entry on or examination or laying open of premises authorised by an order under this section, damage is caused to land or to chattels, any person interested in the land or chattels may recover compensation in respect of that damage from the authority on whose complaint the order was made; and where by reason of any such entry, examination or laying open any person is disturbed in his enjoyment of land or chattels, he may recover from that authority compensation in respect of the disturbance.
(5) This section applies to sections 101 and 154(2) above and to the other provisions of this Act specified in Schedule 22 to this Act.
295 Power of councils to dispose of certain materials.
(1) The council of a county or a council who are a local authority may remove, appropriate, or use, sell or otherwise dispose of all old materials existing in any street other than a highway maintainable at the public expense at the time of the execution by the council of any works in the street, unless those materials are removed by the owners of premises in the street within 3 days from the date of service of a notice from the proper officer of the council requiring the owners of those premises to remove the materials.
(2) Where a council remove, appropriate, or use, sell or otherwise dispose of any materials in a street under subsection (1) above, they shall, on demand, pay or allow to the owner of any premises in the street such proportion of the reasonable value of the material as is attributable to those premises, and the amount thereof shall be settled, in case of dispute, by arbitration, or, if the amount claimed does not exceed level 3 on the standard scale and either party so requires, by a magistrates’ court.
296 Power of highway authority or council to execute certain works on behalf of other person.
A highway authority or a council may by agreement with any person execute at his expense any work which they have under this Act (except under Part XI) required him to execute, or any work in connection with a highway which he is otherwise under an obligation or is entitled to execute, and for that purpose they have all such rights as he would have.
297 Power of highway authority or council to require information as to ownership of land.
(1) A highway authority or a council may, for the purpose of enabling them to discharge or exercise any of their functions under this Act, require the occupier of any premises and any person who, either directly or indirectly, receives rent in respect of any premises, to state in writing the nature of his own interest therein and the name and address of any other person known to him as having an interest therein, whether as freeholder, mortgagee, lessee or otherwise.
(2) Any person who, having been required in pursuance of this section to give any information, fails to give that information is guilty of an offence and liable to a fine not exceeding level 3 on the standard scale.
(3) Any person who, having been so required to give any information, knowingly makes any mis-statement in respect thereof is guilty of an offence and liable—
(a) on summary conviction to a fine not exceeding the prescribed sum within the meaning of section 32(9) of the Magistrates’ Courts Act 1980 (£1,000 or such other sum as may be fixed by order under section 143(1) of that Act); or
(b) on conviction on indictment to imprisonment for a term not exceeding 2 years or to a fine, or both.
298 Duty of local authorities to furnish information to county councils and the Greater London Council.
(1) Every non-metropolitan district council shall furnish, and shall instruct their officers to furnish, any information in their power which may reasonably be required by any county council for the purpose of enabling that council to discharge their functions under this Act.
(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(1) Where there has been constructed or laid in land, or in the exercise of rights, acquired by a highway authority in the exercise of highway land acquisition powers, any drain or other work for the purpose of draining surface water from a highway, proposed highway, maintenance compound, trunk road picnic area, lorry area or service area, the water may be discharged into or through that drain or other work and into any inland waters, whether natural or artificial, or any tidal waters.
(2) A highway authority shall pay compensation to the owner or occupier of any land who suffers damage by reason of the exercise by the authority of any right under subsection (1) above.
(3) This section is without prejudice to any enactment the purpose of which is to protect water against pollution.
300 Right of local authorities to use vehicles and appliances on footways , bridleways and restricted byways.
(1) No statutory provision prohibiting or restricting the use of footpaths, footways , bridleways or restricted byways shall affect the use by a competent authority of appliances or vehicles, whether mechanically operated or propelled or not, for cleansing, maintaining or improving footpaths, footways , bridleways or restricted byways or their verges, for preventing or removing obstructions to them or otherwise preventing or abating nuisances or other interferences with them, or for maintaining or altering structures or other works situated therein.
For the purposes of this section—
(a) the following are competent authorities, namely, the council of any county, district or London borough, the Common Council, the Council of the Isles of Scilly, any parish or community council, or parish meeting, the Sub-Treasurer of the Inner Temple and the Under-Treasurer of the Middle Temple; and
(b) “statutory provision” means a provision contained in, or having effect under, any enactment.
(2) The Minister of Transport and the Secretary of State acting jointly may make regulations prescribing the conditions under which the rights conferred by this section may be exercised, and such regulations may in particular make provision as to—
(a) the construction of any appliances or vehicles used under this section,
(b) the maximum weight of any such appliances or vehicles, or the maximum weight borne by any wheel or axle,
(c) the maximum speed of any such appliances or vehicles,
(d) the hours during which the appliances or vehicles may be used, and
(e) the giving by the Minister of Transport or the Secretary of State of directions dispensing with or relaxing any requirement of the regulations as it applies to a particular authority or in any particular case.
301 Restriction on exercise of powers of lighting authorities.
(1) 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).
(2) 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 Local Government Act 1966 or under section 270 above.
(3) References in this section to the powers of a lighting authority are references to their powers under section 161 of the Public Health Act 1875 or section 3 of the Parish Councils Act 1957 or any corresponding local enactment.
301A London borough council exercising powers so as to affect another authority’s roads.
(1) No London borough council shall exercise any power under this Act in a way which will affect, or be likely to affect,—
(a) a GLA road, or
(aa) a strategic road,
(b) a road in another London borough other than a GLA road or strategic road ,
unless the requirements of subsections (2) and (3) below have been satisfied.
(2) The first requirement is that the council has given notice of the proposal to exercise the power in the way in question—
(a) to Transport for London; and
(b) in a case where the road concerned is in another London borough, to the council for that borough.
(3) The second requirement is that—
(a) the proposal has been approved
(i) in the case of a GLA road, by Transport for London;
(ii) in the case of a strategic road, by Transport for London and, where the road concerned is in another London borough, the council for that borough;
(iii) in the case of a road within subsection (1)(b), by the London borough council concerned; or
(b) the period of one month beginning with the date on which Transport for London and, where applicable, the council received notice of the proposal has expired without Transport for London or the council having objected to the proposal; or
(c) any objection made by Transport for London or the council has been withdrawn; or
(d) where an objection has been made by Transport for London or a London borough council and not withdrawn, the Greater London Authority has given its consent to the proposal after consideration of the objection.
(3A) References in paragraphs (b) to (d) of subsection (3) to objections are to objections made by a person who, in the circumstances, has the power to give an approval under paragraph (a) of that subsection.
(4) Before deciding whether to give any consent for the purposes of subsection (3)(d) above, the Greater London Authority may cause a public inquiry to be held.
(5) If Transport for London has reason to believe—
(a) that a London borough council is proposing to exercise a power under this Act in a way which will affect, or be likely to affect,
(i) a GLA road,
(ii) a strategic road, or
(iii) a road in another London borough other than a GLA road or strategic road, and
(b) that notice of the proposal is required to be, but has not been, given in accordance with subsection (2) above,
Transport for London may give a direction to the council requiring it not to proceed with the proposal until the requirements of subsections (2) and (3) above have been satisfied.
(6) If a London borough council exercises any power in contravention of this section, Transport for London may take such steps as it considers appropriate to reverse or modify the effect of the exercise of that power.
(7) For the purposes of subsection (6) above, Transport for London shall have power to exercise any power of the London borough council on behalf of that council.
(8) Any reasonable expenses incurred by Transport for London in taking any steps under subsection (6) above shall be recoverable by Transport for London from the London borough council concerned as a civil debt.
(9) The Mayor of London may issue a direction dispensing with the requirements of subsections (2) and (3) above in such circumstances as may be specified in the direction.
(10) A direction under subsection (9) above may, in particular, dispense with those requirements as respects—
(a) all or any of the London borough councils;
(b) all or any of the GLA roads; or strategic roads
(c) all or any of the roads which are not GLA roads, strategic roads or trunk roads;
(d) the exercise of such powers as may be specified in the direction in such manner or circumstances as may be so specified.
(11) Any direction under subsection (9) above may be varied or revoked by a further direction under that subsection.
(12) Any reference in this section to a GLA road includes a reference to a GLA side road, within the meaning of the Road Traffic Regulation Act 1984 (see sections 124A(9) and 142(1) of that Act).
(13) In this section “ road ” means any length of highway or of any other road to which the public has access and includes bridges over which a road passes.
(14) Subsection (13) above is without prejudice to the construction of references to GLA roads or GLA side roads.
(15) The functions of the Greater London Authority under this section shall be functions of the Authority which are exercisable by the Mayor of London acting on behalf of the Authority.
(16) For the purposes of this section—
(a) the City of London shall be treated as if it were a London borough;
(b) the Common Council shall be treated as if it were the council for a London borough; and
(c) the Inner Temple and the Middle Temple shall be treated as forming part of the City.
(17) In this section “ strategic road ” has the meaning given by section 60 of the Traffic Management Act 2004.
301B Royal Parks or highways in London affected by proposals relating to the other.
(1) The Secretary of State shall not exercise any of his functions in relation to the management of roads or traffic in a Royal Park in such a way as to affect a highway in Greater London unless he has consulted the highway authority for the highway about the exercise of those functions in that way.
(2) A highway authority shall not exercise any of its functions in relation to a highway in Greater London in such a way as to affect a Royal Park unless it has consulted the Secretary of State about the exercise of those functions in that way.
(3) The duty imposed by subsection (1) or (2) above shall not apply if it would not be reasonably practicable for the Secretary of State or, as the case may be, the highway authority to consult the other before exercising functions; but, in such a case, as soon as practicable after so exercising functions the Secretary of State or, as the case may be, the highway authority shall inform the other that those functions have been so exercised.
(4) In this section “ Royal Park ” means any park to which the Parks Regulation Act 1872 applies (see sections 1 and 3 of the Parks Regulation (Amendment) Act 1926).
(1) Subject to subsection (2) below, the Minister and the Secretary of State may each cause such inquiries to be held as he may consider necessary or desirable for the purposes of his functions under this Act, and subsections (2) to (5) of section 250 of the Local Government Act 1972 (giving of evidence at, and defraying of costs, of inquiries) apply, subject to subsection (2) below, in relation to any inquiry which either of the said Ministers may cause to be held under this section, or in compliance with any requirement of this Act, with the substitution in the case of an inquiry held by the Secretary of State, for references to a Minister, of references to the Secretary of State.
(2) Subsection (4) of the said section 250 (costs of the Minister holding the inquiry to be defrayed by the parties) does not apply in relation to—
(a) an inquiry caused to be held by the Minister for the purposes of his functions under section 93 above, or
(b) an inquiry held in compliance with paragraph 3 of Schedule 10 to this Act, or with paragraph 9 of Schedule 11 to this Act,
in so far as the Minister is of opinion, having regard to the object and result of the inquiry, that the Minister’s costs should be defrayed by him.
A person who wilfully obstructs any person acting in the execution of this Act or any byelaw or order made under it is, in any case for which no other provision is made by this Act, guilty of an offence and liable to a fine not exceeding level 1 on the standard scale; and if the offence is continued after conviction, he is guilty of a further offence and liable to a fine not exceeding £5 for each day on which the offence is so continued.
304 Power to require occupier to permit works to be executed by owner.
If on a complaint made by the owner of any premises, it appears to a magistrates’ court that the occupier of the premises prevents the owner from executing any work which he is by this Act required to execute, the court may order the occupier to permit the execution of the work.
305 Recovery of expenses by councils and highway authorities.
(1) Where a council or a highway authority have incurred expenses for the repayment of which the owner of the premises in respect of which the expenses were incurred is liable—
(a) under any of the provisions of this Act to which this section applies, or
(b) by agreement with the council or highway authority,
those expenses, together with interest at such reasonable rate as the council may determine from the date of service of a demand for the expenses, may be recovered by the council or the highway authority from the owner for the time being of the premises; and as from the date of the completion of the works the expenses and interest accrued due thereon are, until recovered, a charge on the premises and on all estates and interests therein.
(2) A council or highway authority may by order declare any expenses and interest recoverable by them under this section to be payable by annual instalments within a period not exceeding 30 years, together with interest on them at such reasonable rate as the authority may determine; and any such instalment and interest, or any part thereof, may be recovered from the owner or occupier for the time being of the premises in respect of which the expenses were incurred.
(3) A person aggrieved by an order of a council or highway authority under subsection (2) above, or by the refusal of a council or highway authority to make such an order, may, except in a case where an appeal lies to the Minister under section 233 above, appeal to a magistrates’ court.
(4) Schedule 13 to this Act applies in relation to any sum paid by an occupier of premises under the foregoing provisions of this section.
(5) Any sum which a council or highway authority are entitled to recover under this section or any other provision of this Act, and with respect to the mode of recovery of which provision is not made by any other section of this Act, may be recovered either summarily as a civil debt or in any court of competent jurisdiction.
(6) Any charge acquired by the Minister by virtue of subsection (1) above is (without prejudice to the operation of section 1 of the Local Land Charges Act 1975 as regards any charge acquired by a council by virtue of that subsection) a local land charge.
(7) This section applies to the following provisions of this Act, namely, sections 152, 153, 165, 167, 177, 180, 184 and 230, except 230(7).
306 Time-limit for summary proceedings for recovery of expenses.
The time within which summary proceedings may be taken for the recovery of any sum which a highway authority or council are entitled to recover under this Act shall be reckoned—
(a) in all cases except the one mentioned in paragraph (b) below, from the date of the service of a demand for the sum; and
(b) in a case in which an appeal has been made to the Minister under section 233 above, from the date on which the decision on the appeal is notified to the appellant or the appeal is withdrawn, as the case may be.
307 Disputes as to compensation which are to be determined by Upper Tribunal and related provisions.
(1) Any dispute arising on a claim for compensation under any provision of this Act to which this section applies shall be determined by the Upper Tribunal.
The provisions of this Act to which this section applies are sections 21, 22, 28, 73, 74, 109, 110, 121(2), 126, . . . and 292.
(2) For the purposes of any reference to the Upper Tribunal under this section, section 4 of the Land Compensation Act 1961 (costs) has effect with the substitution, for references to the acquiring authority, of references to the authority from whom the compensation in question is claimed.
(3) Rules 2 to 4 of the Rules in section 5 of the said Act of 1961 (rules for valuation on a compulsory acquisition) apply to the calculation of compensation under any provision of this Act to which this section applies, in so far as it is calculated by reference to the depreciation of the value of an interest in land.
(4) In determining the amount of compenstion payable under section 109, 110 or 126 above the Upper Tribunal shall have regard to any new means of access to the premises of the claimant or, as the case may be, any new right of access to a watercourse from the premises of the claimant, provided by the highway authority from whom the compensation is claimed.
(5) In determining the amount of compensation payable under section 73 above in respect of injurious affection, the Upper Tribunal—
(a) shall take into account any benefit accruing to the claimant by reason of the improvement of the street in relation to which an improvement line has been prescribed under that section, and
(b) may take into account and embody in its award any undertaking with regard to the exercise of the powers of a highway authority under that section in relation to the property affected which the authority have offered to give to the claimant;
and the terms of any undertaking so embodied in the award are binding on and enforceable against the authority.
(6) In determining the amount of compensation payable under section 74 above, the Upper Tribunal shall take into account any benefit accruing to the claimant by reason of any improvement made or about to be made to the highway in relation to which a building line has been prescribed under that section.
(7) In determining the amount of compensation payable under section 193 or section 200(2) above, the Upper Tribunal shall take into account any benefit accruing to the claimant by reason of the widening of a street under the said section 193 or the said section 200(2), as the case may be.
308 Disputes as to compensation which are to be determined by arbitration or county court.
(1) Any dispute arising on a claim for compensation under this Act, being a dispute for the determination of which provision is not made by or under any section of this Act other than this section, shall be determined, if the parties so agree, by arbitration or, in default of agreement, by the county court.
(2) The county court shall have jurisdiction to deal with any dispute which by virtue of subsection (1) above is to be determined by such a court notwithstanding that, by reason of the amount of the claim or otherwise, the case would not, but for this provision, be within the jurisdiction of a county court.
309 Compensation in respect of depreciation in value of interest in land subject to mortgage.
Where an interest in land is subject to a mortgage—
(a) any compensation payable under this Act in respect of the depreciation in value of that interest shall be calculated as if the interest were not subject to the mortgage;
(b) a claim for the payment of any such compensation may be made by any mortgagee of the interest under a mortgage made before the happening of the event giving rise to the compensation, but without prejudice to the making of a claim by any other person;
(c) a mortgagee is not entitled to claim any such compensation in respect of his interest as such; and
(d) any such compensation payable in respect of the interest subject to the mortgage shall be paid to the mortgagee or, where there is more than one mortgagee, to the first mortgagee, and shall in either case be applied by him as if it were proceeds of sale.
All offences under this Act or under byelaws made under it are, except as provided by sections 292(4) and 297(3) above, punishable on summary conviction.
(1) Where by virtue of any provision of this Act, or of byelaws made under it, a person convicted of an offence is, if the offence in respect of which he was convicted is continued after conviction, guilty of a further offence and liable to a fine for each day on which the offence is so continued, the court before whom the person is convicted of the original offence may fix a reasonable period from the date of conviction for compliance by the defendant with any directions given by the court.
(2) Where a court fixes such a period the defendant is not liable to a fine in respect of the further offence for any day before the expiration of that period.
(1) Subject to subsection (3) below, proceedings for an offence under any provision of this Act to which this section applies or under byelaws made under any such provision shall not, without the written consent of the Attorney General, be taken by any person other than the person aggrieved, or a highway authority or council having an interest in the enforcement of the provision or byelaws in question.
(2) This section applies to sections 167 and 177 above and to the provisions of this Act specified in Schedule 22 to this Act.
(3) A constable may take proceedings—
(a) for an offence under paragraph (b) of section 171(6) above; or
(b) for an offence under paragraph (c) of that subsection consisting of failure to perform a duty imposed by section 171(5)(a) above; or
(c) for an offence under section 174 above,
without the consent of the Attorney General.
(1) Where an offence under any provision of this Act to which this section applies is committed by a body corporate and it is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate or any person who was purporting to act in any such capacity, he as well as the body corporate is guilty of that offence and liable to be proceeded against and punished accordingly.
(2) Where the affairs of a body corporate are managed by its members, subsection (1) above applies in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.
(3) This section applies to sections 137, 137ZA, 139, 140, 167, 168, and 177 above.
Where an appeal lies under this Act to the Crown Court or a magistrates’ court against a requirement, order, refusal or other decision of a highway authority or a council, the notice given by the authority or council to the person concerned of the making of the requirement or order or of the refusal or other decision against which such an appeal lies shall state the right of appeal to the Crown Court or a magistrates’ court, as the case may be, and the time within which such an appeal may be brought.
316 Appeals and applications to magistrates’ courts.
(1) Where any provision of this Act provides—
(a) for an appeal to a magistrates’ court against a requirement, order, refusal or other decision of a highway authority or a council, or
(b) for any other matter to be determined by, or an application in respect of any matter to be made to, a magistrates’ court,
the procedure shall be by way of complaint for an order.
(2) The time within which an appeal such as is mentioned in subsection (1)(a) above may be brought is 21 days from the date on which notice of the decision of the highway authority or council is served on the person wishing to appeal, and for the purpose of this subsection the making of the complaint is to be deemed to be the bringing of the appeal.
317 Appeals to the Crown Court from decisions of magistrates’ courts.
(1) Where a person aggrieved by an order, determination or other decision of a magistrates’ court under this Act is not by any other enactment authorised to appeal to the Crown Court he may appeal to that court.
(2) The applicant for an order under section 116 above or any person who was entitled under subsection (7) of that section to be, and was, or claimed to be, heard on the application may appeal to the Crown Court against the decision made by the magistrates’ court on the application.
(3) Any person who, in relation to the decision of a magistrates’ court on an application under section 130B above, does not fall within subsection (1) above but—
(a) is, within the meaning of section 130A above, a person for the time being responsible for the obstruction to which the application related, or
(b) when the application was heard, was such a person and was, or claimed to be, heard on the application,
may appeal to the Crown Court against the decision on any ground relating to the matters mentioned in section 130B(4) above.
Where on an appeal under this Act a court varies or reverses a decision of a highway authority or of a council it shall be the duty of the authority or the council to give effect to the order of the court and, in particular, to grant or issue any necessary consent, certificate or other document, and to make any necessary entry in any register.
319 Judges and justices not to be disqualified by liability to rates.
The judge of any court or a justice of the peace is not disqualified for acting in cases arising under this Act by reason only of his being as one of several ratepayers, or as one of any other class of persons, liable in common with the others to contribute to, or to be benefited by, any rate or fund out of which any expenses of a council are to be defrayed.
All notices, consents, approvals, orders, demands, licences, certificates and other documents authorised or required by or under this Act to be given, made or issued by, or on behalf of, a highway authority or a council, and all notices, consents, requests and applications authorised or required by or under this Act to be given or made to a highway authority or a council, shall be in writing.
(1) Any notice, consent, approval, order, demand, licence, certificate or other document which a council (whether as a highway authority or in any other capacity) are authorised or required by or under this Act to give, make or issue may be signed on behalf of the council—
(a) by the proper officer of the council, or
(b) by any officer of the council authorised by them in writing to sign documents of a particular kind or, as the case may be, the particular document.
(2) Any document purporting to bear the signature of the proper officer of the council, or of an officer expressed to be duly authorised by the council to sign such a document or the particular document, shall for the purposes of this Act, and of any byelaws, regulations and orders made under it, be deemed, until the contrary is proved, to have been duly given, made or issued by the council.
In this subsection “signature” includes a facsimile of a signature by whatever process reproduced.
(1) Any notice, consent, approval, order, demand, licence, certificate or other document required or authorised by or under this Act to be given or served on a corporation is duly given or served if it is given to or served on the secretary or clerk of the corporation.
(2) Subject to the provisions of this section, any notice, consent, approval, order, demand, licence, certificate or other document required or authorised by or under this Act to be given or served on any person may be given or served either—
(a) by delivering it to that person, or
(b) by leaving it at his proper address, or
(c) by post;
so, however, that where any such document is sent by post otherwise than in a registered letter, or by the recorded delivery service, it shall be deemed not to have been given or served if it is proved that it was not received by the person to whom it was addressed.
(3) For the purposes of this section, and of section 7 of the Interpretation Act 1978 in its application to this section, the proper address of any person to or on whom any such document is to be given or served—
(a) where the person has furnished an address for service in accordance with arrangements agreed to in that behalf, is the address furnished;
(b) where the person has not furnished an address as provided by paragraph (a) above, is
(i) in the case of the secretary or clerk of a corporation, that of the registered or principal office of the corporation, and
(ii) in any other case, the person’s usual or last known place of abode.
(4) If the name or the address of any owner, lessee or occupier of premises to or on whom any such document is to be given or served cannot after reasonable inquiry be ascertained by the person seeking to give or serve the document, the document may be given or served by—
(a) addressing it to the person to whom it is to be given or on whom it is to be served by the description of “owner”, “lessee”, or “occupier” of the premises (describing them) to which the document relates, and
(b) delivering it to some responsible person resident or appearing to be resident on the premises or if there is no such person to whom it can be delivered, affixing it or a copy of it to some conspicuous part of the premises.
(5) The foregoing provisions of this section do not apply to the service of—
(a) a notice required or authorised to be served under Part II of, or Schedule 1 to, the Acquisition of Land Act 1981 as applied by this Act, or
(b) a summons.
(1) For the purposes of this Act—
(a) in reckoning any period which is therein expressed to be a period from or before a given date, that date is to be excluded; and
(b) in reckoning any period therein mentioned of 8 days or less which apart from this provision would include a Sunday, Christmas Day, Good Friday or a bank holiday, that day is to be excluded.
(2) In this section “bank holiday” means a day which is a bank holiday under the Banking and Financial Dealings Act 1971.