Part I General

Highways

F11–6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

7 Control of road-side sales

(1)If a highway authority considers that, for the purpose of avoiding danger on or facilitating the passage of traffic over a highway for which it is the highway authority, it is appropriate to make an order under this subsection in respect of the highway, the authority may make an order (hereafter in this section referred to as a “control order”) specifying the highway and providing that, subject to subsection (5) of this section—

(a)no person shall sell anything on the highway or offer or expose anything for sale on the highway; and

(b)no person shall, for the purpose of selling anything or offering or exposing anything for sale on the highway or of attracting from users of the highway offers to buy anything, put, keep or use on the highway, or on land within fifteen metres from any part of the highway any stall or similar structure or any container or vehicle.

(2)The highway authority for a highway in respect of which a control order is in force may vary or revoke the order by a subsequent order.

(3)[F1Paragraphs 20 to 23, paragraph 24 (except so much of it as relates to appeals by district councils) and paragraph 25 of Schedule 9 to the Road Traffic Regulation Act 1984](which relate to the procedure for making orders under the provisions of that Act mentioned in [F1paragraphs 20(1) and 24(a) and (b) of that Schedule]) shall have effect as if subsections (1) and (2) of this section were included among those provisions.

(4)If a person contravenes a control order which is in force for a highway, the highway authority for the highway may by a notice served on him require him not to contravene the order after a date specified in the notice (which must not be before the expiration of the period of 7 days beginning with the date of service of the notice); and—

(a)if a person on whom a notice relating to a contravention of a control order is served in pursuance of this subsection contravenes the order after the expiration of that period, or causes, permits or procures another person to contravene it after the expiration of that period, he shall be guilty of an offence and liable on summary conviction to a fine not exceeding [F2level 3 on the standard scale];

(b)if a contravention in respect of which a person is convicted of an offence in pursuance of the preceding paragraph is continued by him after the expiration of the period of 7 days beginning with the date of the conviction he shall, as respects each day on which the contravention is so continued, be guilty of a further offence and liable on summary conviction to a fine not exceeding £10.

(5)A control order does not apply—

(a)to anything done at premises used as a shop or petrol filling station either—

(i)in pursuance of planning permission granted or deemed to be granted under [F3the M1Town and Country Planning Act 1990], or

(ii)in a case where the premises are, without such permission, lawfully used as a shop or petrol filling station, or

F4(iii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)to anything done at a market in respect of which tolls, stallages or rents are payable;

(c)to the sale, offer or exposure for sale of things from or on a vehicle which is used only for the purpose of itinerant trading with the occupiers of premises or which is used only for that purpose and for purposes other than trading;

(d)to such a vehicle as is mentioned in the preceding paragraph or to containers on the vehicle;

(e)to, or to containers used in connection with, the sale, offer or exposure for sale, by or on behalf of the occupier of land used for agriculture and on that land, of agricultural produce produced on that land;

(f)to the provision, in a lay-by situated on a highway, of facilities for the purchase of refreshments by persons travelling on the highway or on another highway near to the highway;

(g)to anything as respects which the control order provides that the order is not to apply to it.

In paragraph (e) of this subsection “agriculture” and “agricultural” have the same meanings as in the M2Agriculture Act 1947.

(6)References in the preceding provisions of this section to a control order are, in the case of a control order which has been varied in pursuance of subsection (2) of this section, references to the order as so varied.

Housing

F18. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F19, 10.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Heating etc

11 Production and supply of heat etc. by local authorities

(1)Subject to subsections (2) and (3) of this section, a local authority may—

(a)produce heat or electricity or both;

(b)establish and operate such generating stations and other installations as the authority thinks fit for the purpose of producing heat or electricity or both;

(c)buy or otherwise acquire heat;

(d)use, sell or otherwise dispose of heat produced or acquired [F1or electricity produced]by the authority by virtue of this section;

(e)without prejudice to the generality of the preceding paragraph, enter into and carry out agreements for the supply by the authority, to premises within or outside the authority’s area, of such heat as is mentioned in the preceding paragraph and steam produced from and air and water heated by such heat.

[F2(2)Nothing in subsection (1) of this section shall be construed as exempting a local authority from the requirements of Part I of the Electricity Act 1989.

(3)Except in such cases as may be prescribed, a local authority shall not be entitled to sell electricity which is produced otherwise than in association with heat.]

(4)A local authority may—

(a)construct, lay and maintain pipes and associated works for the purpose of conveying heat produced or acquired by the authority by virtue of this section and steam produced from and air and water heated by such heat;

(b)contribute towards the cost incurred by another person in providing or maintaining pipes or associated works which are connected with pipes provided by the authority in pursuance of the preceding paragraph.

(5)Parts V and VI of Schedule 3 to the M1Water Act 1945 (which relate to the laying of mains and the breaking open of streets) shall apply in relation to pipes and associated works provided or to be provided in pursuance of paragraph (a) of the preceding subsection as those Parts apply in relation to water mains and pipes but as if—

(a)sections 19(4) and 21 of that Schedule (which relate to the erection of street notices and the laying of service pipes) were omitted, and in section 22 of that Schedule the words “which they are authorised to lay” were omitted; and

(b)for any reference to undertakers or limits of supply there were substituted respectively a reference to the authority in question and the area of the authority; and

(c)for the reference to the special Act in section 25(4) of that Schedule there were substituted a reference to this subsection.

(6)It shall be the duty of a local authority by which an installation for producing heat is operated in pursuance of this section in any year to furnish to the Secretary of State, as soon as practicable after the end of that year, such particulars relating to the installation and heat produced at it as are prescribed.

(7)In this section—

• “associated works”, in relation to pipes, means any of the following connected with the pipes, namely, any valve, filter, stopcock, pump, meter, inspection chamber and manhole and such other works as are prescribed;

• F3. . . and

• “prescribed” means prescribed by regulations made by statutory instrument by the Secretary of State [F4which, in the case of regulations under subsection (3) of this section, shall be subject to annulment in pursuance of a resolution of either House of Parliament];

and nothing in this section (except the restrictions imposed by subsection (3)) shall be construed as prejudicing any power exercisable by a local authority [F5(in its capacity as such)]apart from this section.

12 Provisions supplementary to s. 11

(1)A local authority which supplies or proposes to supply heat, hot air, hot water or steam in pursuance of the preceding section may make byelaws—

(a)with respect to the works and apparatus to be provided or used by persons other than the authority in connection with the supply;

(b)for preventing waste and unauthorised use of the supply and unauthorised interference with works and apparatus used by the authority or any other person in connection with the supply;

(c)providing for any specified contravention of the byelaws to be an offence punishable on summary conviction with a fine of such an amount, not exceeding [F1level 3 on the standard scale], as is specified in the byelaws.

(2)Subsections (1) to (5) of section 82 of Schedule 3 to the M1Water Act 1945 (which relates to the entry of premises by authorised officers of water undertakers) shall have effect for the purpose of authorising the entry of premises by authorised officers of an authority which provides or proposes to provide such a supply as is mentioned in the preceding subsection as if for any reference to undertakers there were substituted a reference to the authority and as if in subsection (1) of that section—

(a)for paragraph (a) there were substituted the following paragraph—

“(a)for the purpose of installing, examining, adjusting, removing or reading any meter used or to be used by the authority for measuring the heat, hot air, hot water or steam supplied or to be supplied by the authority;”

(b)for the words from “the special Act” onwards in paragraph (b) there were substituted the words “byelaws in force by virtue of section 12 of the Local Government (Miscellaneous Provisions) Act 1976”; and

(c)for the words “the special Act” in paragraphs (c) and (d) there were substituted the words “section 11 of that Act”.

(3)[F2Subsections (1) and (2) above have effect subject to paragraph 11(2) of Schedule 1 to the Building Act 1984; and]section 80 of the M2Health and Safety at Work etc. Act 1974 (which among other things provides that regulations under subsection (1) of that section may repeal or modify any provision to which that subsection applies if it appears to the authority making the regulations that it is expedient to do so in consequence of any provision made by or under Part I of that Act) shall have effect as if the provisions to which subsection (1) of that section applies included subsection (1) of this section and byelaws in force by virtue of subsection (1) of this section.

(4)The accounts of a local authority by which expenditure is incurred under any of the provisions of the preceding section and this section shall include a separate account of that expenditure and of any income connected with functions conferred on the authority by those provisions.

Land

13 Compulsory acquisition by local authorities of rights over land

(1)A local authority which may be authorised by a Minister of the Crown, by means of a compulsory purchase order, to purchase any land compulsorily for any purpose may be authorised by that Minister, by means of such an order, to purchase compulsorily for that purpose such new rights over the land as are specified in the order; and in this subsection “new rights” means rights which are not in existence when the order specifying them is made.

(2)F1. . . the M1Compulsory Purchase Act 1965 shall have effect with the modifications necessary to make them apply to the compulsory purchase of rights by virtue of the preceding subsection as they apply to the compulsory purchase of land so that, in appropriate contexts, references in those Acts to land are read as referring, or as including references, to the rights or to land over which the rights are or are to be exercisable, according to the requirements of the particular context.

(3)Without prejudice to the generality of the preceding subsection, in relation to the purchase of rights in pursuance of subsection (1) of this section—

F2(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)Part I of the said Act of 1965 F3. . . shall have effect with the modifications specified in Part II of Schedule 1 to this Act; and

(c)the enactments relating to compensation for the compulsory purchase of land shall apply with the necessary modifications as they apply to such compensation.

(4)Nothing in the preceding provisions of this section shall authorise the purchase of any rights by an authority for a purpose for which there is power by virtue of [F4section 250 of the Highways Act 1980](which relates to the compulsory acquisition of rights by highway authorities) to authorise the authority to acquire the rights.

[F5(5)In this section “compulsory purchase order” has the same meaning as in the Acquisition of Land Act 1981, and Schedule 3 to that Act shall apply to the compulsory purchase of rights by virtue of subsection (1) above.]

14 Injurious affection connected with certain land held by local authorities and acquired by agreement before 1st April 1974

(1)Where an interest in land is held by a local authority for a purpose for which the authority can by virtue of an enactment be authorised to acquire land compulsorily and—

(a)the interest was acquired by agreement by the authority or another body before 1st April 1974 and, where it was acquired by another body, has not since the acquisition been transferred otherwise than by an Act or an order made under an Act; and

(b)provisions of the Lands Clauses Acts or the M1Compulsory Purchase Act 1965 apply to the acquisition but those provisions do not include section 68 of the M2Lands Clauses Consolidation Act 1845 (under which there is among other things a right to compensation in respect of land injuriously affected by certain works) or section 10 of the said Act of 1965 (which re-enacts the said section 68),

the authority may by resolution provide that, on and after the date when the resolution comes into force, the said section 68 or as the case may be the said section 10 shall be included among the provisions aforesaid which apply to the acquisition.

(2)Where an authority passes a resolution in pursuance of the preceding subsection in connection with any land in which the authority holds an interest, it shall be the duty of the authority—

(a)to send to the appropriate Minister a copy of the resolution and a map indicating the land;

(b)to publish in two successive weeks, in one or more local newspapers circulating in the area in which the land is situated, a copy of the resolution and a notice stating—

(i)a place in the area of the council where a map indicating the land may be inspected by members of the public free of charge between 10 a.m. and 4 p.m. on each weekday, except Saturdays and bank holidays, during a period specified in the notice (which shall not be less than 21 days beginning with the date of first publication of the notice in pursuance of this paragraph), and

(ii)that any person having an interest in land which could be injuriously affected by virtue of the resolution if it came into force may object to the resolution in accordance with the following subsection, and

(iii)the designation and address of the appropriate Minister;

(c)not later than the date aforesaid, to serve a copy of the resolution and of the said notice, by post by the recorded delivery service, on each person who, after reasonable inquiry, appears to the authority to be such a person as is mentioned in paragraph (b)(ii) of this subsection; and

(d)not later than that date, to affix a copy of the resolution and the said notice in a prominent position on the land.

(3)Any such person as is mentioned in paragraph (b)(ii) of the preceding subsection may object to the resolution in question by serving on the appropriate Minister, within the period mentioned in paragraph (b)(i) of that subsection, a notice setting out the grounds of his objection.

(4)A resolution passed in pursuance of subsection (1) of this section shall not come into force unless the appropriate Minister makes an order providing that it shall come into force and, where he makes such an order, shall come into force on the date specified in the order; and the appropriate Minister—

(a)shall not make such an order in respect of a resolution before the expiration of the period specified in pursuance of paragraph (b)(i) of subsection (2) of this section in the notice published in pursuance of that subsection in connection with the resolution; and

(b)may hold an inquiry for the purpose of deciding whether to make such an order in respect of a resolution.

(5)Where an order is made in pursuance of this section in respect of a resolution passed by an authority, it shall be the duty of the authority—

(a)to publish in two successive weeks, in one or more local newspapers circulating in the area in which the land to which the resolution relates is situated, a notice stating that the order has been made, the date specified in the order as that on which the resolution comes into force and the effect of the following subsection; and

(b)to serve a copy of the notice, by post by the recorded delivery service, on each person on whom notice in respect of the resolution was served in pursuance of subsection (2)(c) of this section.

(6)No question as to the validity of a resolution purporting to be passed in pursuance of subsection (1) of this section or of an order purporting to be made in pursuance of this section in respect of such a resolution shall be entertained in any proceedings begun after the expiration of the period of three months beginning with the date when notice relating to the resolution was first published in pursuance of the preceding subsection; and, except as otherwise determined in proceedings begun before the expiration of that period, such a resolution shall be deemed to be duly passed and such an order shall be deemed to be duly made.

(7)In this section “the appropriate Minister” means, in relation to a resolution passed by an authority in connection with any land in which an interest is held by the authority, the Minister of the Crown having power to authorise the authority to acquire land compulsorily for the purposes for which the interest is held by the authority; and section 250 of the M3Local Government Act 1972 (which relates to local inquiries) shall have effect in relation to an inquiry in pursuance of subsection (4)(b) of this section as if for the reference to the Secretary of State in subsection (1) of that section there were substituted a reference to the appropriate Minister.

15 Power of local authorities to survey land which they propose to acquire compulsorily

(1)A person authorised in writing in that behalf by a local authority may at any reasonable time—

(a)survey any land in connection with a proposal by the authority to acquire compulsorily an interest in the land or a right over the land which is not such an interest; and

(b)for the purpose of surveying any land in pursuance of the preceding paragraph, enter on the land and other land.

(2)The power to survey land conferred by the preceding subsection includes power to search and bore on and in the land for the purpose of ascertaining the nature of the subsoil or whether minerals are present in the subsoil, and the power to enter on land conferred by that subsection includes power to place and leave, on or in the land, apparatus for use in connection with the survey in question and power to remove the apparatus; and it is hereby declared that references to surveying in this section include surveying from the air.

(3)A person authorised by a local authority to enter on land in pursuance of subsection (1) of this section—

(a)shall, if so required before or after entering on the land, produce evidence of his authority to enter;

(b)may take with him on to the land such other persons and such equipment as are necessary for the survey in question;

(c)shall not if the land is occupied demand admission to the land as of right unless notice of the intended entry has been served by the local authority on the occupier not less than fourteen days before the demand;

(d)shall, if the land is unoccupied when he enters or the occupier is then temporarily absent, leave the land as effectually secured against trespassers as he found it;

(e)shall not place or leave apparatus on or in the land or remove apparatus from the land—

(i)unless notice of his intention to do so has been served by the local authority on an owner of the land, and if the land is occupied on the occupier, not less than fourteen days before he does so, and

(ii)if the land is held by relevant undertakers who within that period serve on the local authority a notice stating that they object to the placing or leaving or removal of the apparatus on the ground that to do so would be seriously detrimental to the carrying on of their undertaking, unless the Secretary of State authorises him in writing to do so;

(f)shall not search or bore on or in the land which is the subject of the survey in question if the land is held by relevant undertakers—

(i)unless notice of his intention to do so has been served by the local authority on the undertakers not less than fourteen days before he does so, and

(ii)if within that period the undertakers serve on the local authority a notice stating that they object to the searching or boring on the ground that to do so would be seriously detrimental to the carrying on of their undertaking, unless the Secretary of State authorises him in writing to do so;

and in paragraphs (e) and (f) of this subsection “relevant undertakers” means any statutory undertakers, any person authorised to carry on a light railway undertaking, a ferry undertaking or an undertaking for supplying district heating, F1. . . [F2the Civil Aviation Authority and a person who holds a licence under Chapter I of Part I of the Transport Act 2000 (air traffic services)].

[F3(3A)For the purposes of subsection (3) of this section—

(a)a person who holds a licence under Chapter I of Part I of the Transport Act 2000 shall not be considered to be a relevant undertaker unless the person is carrying out activities authorised by the licence;

(b)the person’s undertaking shall not be considered to be that of a relevant undertaker except to the extent that it is the person’s undertaking as licence holder.]

[ F4(4)Where it is proposed to search or bore in pursuance of this section in a street within the meaning of Part III of the New Roads and Street Works Act 1991—

(a)section 55 of that Act (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 searching or boring as if they were street works within the meaning of that Part.]