Office of Public Sector Information
PART 2 continued
(7) This subsection applies to any purpose connected with—
(a) any building operation, demolition or excavation;
(b) the collection of waste by or on behalf of any council;
(c) the removal of any obstruction to traffic;
(d) the maintenance, improvement or reconstruction of the road; or
(e) the laying, erection, alteration, repair or cleaning of—
(i) any traffic sign, traffic light or street light;
(ii) any sewer or any main, pipe, cable or apparatus for the supply of water, gas or electricity; or
(iii) any telegraph or telephone wire, cable, post or support.
(8) In this section—
“dropped footway” means any part of the footway or verge where it has been lowered to meet the level of the carriageway of a road for the purpose of—
assisting pedestrians crossing the road; or
assisting vehicles to enter or leave the road across the footway or verge;
“special parking area” means a special parking area designated by an order made by the Secretary of State under section 76(1) of the Road Traffic Act 1991 (c. 40);
“road” has the same meaning as in section 142(1) of the Act of 1984.
(1) Paragraph 8 of Schedule 6 to the Road Traffic Act 1991 applies as follows insofar as it relates to matters arising from the issuing of a penalty charge notice under section 66 (Parking penalties in London) of that Act by a parking attendant employed by—
(a) a borough council or Transport for London; or
(b) any person with whom a borough council or Transport for London have made arrangements for the purposes of section 63A (Parking attendants) of the Act of 1984.
(2) After sub-paragraph (2) the following sub-paragraphs are inserted—
“(2A) A statutory declaration under this paragraph is invalid and sub-paragraph (5) below shall not apply in relation to the declaration if one or more of the following grounds is met—
(a) the person who made the declaration claims that more than one of the grounds mentioned in sub-paragraph (2) above is met;
(b) the declaration is not signed by any person purporting to make it;
(c) the declaration is not signed by or does not contain an address for a person purporting to be a witness to the signature of the person making it.
(2B) The Secretary of State may by regulations amend sub-paragraph (2A) above by the addition of further grounds for a statutory declaration to be invalid.”.
(3) After sub-paragraph (3) the following sub-paragraph is inserted—
“(3A) In considering an application under sub-paragraph (3) above the district judge must take into consideration any representations made by the London authority before the expiry of the period of 14 days beginning on the date on which copies of the application and the statutory declaration are served by the court on the London authority.”.
(4) In sub-paragraph (5), at the beginning the words “Subject to sub-paragraphs (2A) above and (5A) below” are inserted.
(5) After sub-paragraph (5) the following sub-paragraph is inserted—
“(5A) Where—
(a) sub-paragraph (4) above applies; and
(b) the order of the court is deemed to have been revoked under sub-paragraph (5) above,
the London authority concerned shall not be liable to pay the person making the declaration any sums other than the increased charge which was payable under the county court order.”.
(1) Where—
(a) the occupier of any premises adjoining or having access to a highway habitually takes or permits to be taken a mechanically propelled vehicle (other than an invalid carriage) across a kerbed footway or a verge in the highway to or from those premises; and
(b) the highway authority—
(i) have not constructed a vehicle crossing for the premises (whether under section 184 of the Act of 1980 or any corresponding earlier enactment or otherwise); and
(ii) have not served a notice under subsection (1) or (3) of that section on the owner and the occupier of the premises,
the relevant authority may serve a notice within the period specified in the notice, being no sooner than 28 days from the date on which the notice is served, requiring the occupier to cease taking or permitting to be taken mechanically propelled vehicles across the kerbed footway or verge.
(2) Nothing in a notice under subsection (1) above shall have the effect of prohibiting the occupier from enjoying the benefit of—
(a) any relevant development of the premises which is authorised by a planning permission granted on an application made at least 8 weeks before the date on which this section comes into force; or
(b) any established or proposed relevant use of the premises, or any relevant operations carried out or proposed to be carried out in, over or under the premises, the lawfulness of which is conclusively presumed under section 191 or 192 of the Town and Country Planning Act 1990 (c. 8) by virtue of a certificate issued on an application made not less than 8 weeks before that date (whether under that section or any corresponding earlier enactment); or
(c) any relevant development of the premises which is permitted development under the Town and Country Planning (General Permitted Development) Order 1995 (S.I. 1995 No. 418) (or any corresponding earlier order) and which is carried out before that date.
(3) In determining whether to exercise their powers under subsection (1) above, the relevant authority shall have regard to—
(a) the need to prevent damage to a footway or verge;
(b) the need to ensure so far as practicable, safe access to and egress from premises;
(c) the need to facilitate, so far as practicable, the passage of vehicular traffic in and parking of vehicles on highways; and
(d) the need to prevent obstruction of the footway or verge.
(4) A notice under subsection (1) above shall—
(a) inform the person on whom it is served of his right to object to the notice;
(b) state the effect of subsection (10) below; and
(c) inform that person—
(i) of the relevant authority’s powers under section 184(1) or 184(3) of the Act of 1980, as the case may be, to execute works for the construction of a vehicle crossing over the footway; and
(ii) of any reasons why the council would be unlikely to execute such works if requested so to do.
(5) A person on whom a notice is served under subsection (1) above may within 21 days from the date of his being served therewith serve an objection in writing on the highway authority.
(6) The highway authority shall consider any objection served under subsection (5) above and, within 21 days from the date of their being served therewith—
(a) serve a notice in writing on the person who served the objection stating that the notice under subsection (1) above shall not be withdrawn; or
(b) withdraw the notice.
(7) A person on whom a notice under subsection (6) above is served may within 28 days from the date of his being served therewith appeal to the county court on any of the following grounds—
(a) that the notice is not justified by the terms of subsection (1) above;
(b) that there has been some defect or error in, or in connection with, the notice;
(c) that the requirement in the notice is unreasonable.
(8) On an appeal to the county court under this section, the court shall make such order as it thinks fit.
(9) A notice under subsection (1) above becomes effective—
(a) in the case where no objection is served under subsection (5) above, at the expiration of the period during which the person served with the notice may serve an objection;
(b) in the case where a notice is served by the council under subsection (6) above, and no appeal is made under subsection (7) above at the expiration of the period during which the person served with the notice may appeal; or
(c) where such an appeal is made and is unsuccessful on the date on which the order of the court is made.
(10) Where a notice under subsection (1) above has become effective, the authority by whom the notice was served may execute such works as may be necessary to prevent mechanically propelled vehicles from being taken across the footway or verge, and may recover the expenses reasonably incurred by them in so doing from the owner or occupier of the premises in question.
(11) Where at the time when any works are proposed under subsection (10) above any occupier of the premises in question habitually takes an invalid carriage across the footway or verge at the place where the works are proposed, no works may be executed under that subsection so as to prevent invalid carriages of the same type being taken across the footway or verge at that place.
(12) If a person—
(a) knowingly uses a footway or verge as a crossing in contravention of a notice given under subsection (1) above; or
(b) knowingly permits it to be so used; or
(c) without reasonable excuse removes, damages, alters or defaces any works executed under subsection (10) above,
he is guilty of an offence and liable to a fine not exceeding level 3 on the standard scale.
(13) In this section—
“the Act of 1980” means the Highways Act 1980 (c. 66);
“highway” means a highway maintainable at the public expense by a borough council or by Transport for London;
“invalid carriage” means a vehicle constructed or adapted for use for the carriage of one person, being a person suffering from some physical defect or disability;
“relevant authority” means—
a borough council, in respect of any kerbed footway or verge in any highway maintained by them; and
Transport for London in respect of a kerbed footway or verge in a highway maintained by them;
“relevant development” and “relevant operations” mean development or operations carried out for the purpose of parking a mechanically propelled vehicle on the premises;
“relevant use” means use of the premises for the purpose of parking such a vehicle.
(1) This section applies in respect of any part of—
(a) any highway for which Transport for London are the highway authority; and
(b) any highway for which a borough council are the highway authority.
(2) If the highway authority are satisfied that—
(a) things are deposited unlawfully and persistently on any part of the highway to which this section applies; and
(b) the depositing of the things is caused by persons having control of or an interest in a business carried on in premises in the vicinity of the part of the highway concerned,
the highway authority may serve a notice under this subsection (“a subsection (2) removal notice”) on any person having control of or an interest in the relevant business.
(3) A subsection (2) removal notice shall—
(a) state the date on which it shall come into effect (which shall be no sooner than the date on which the period of 7 days beginning with the date of service of the notice expires);
(b) state the date on which it shall expire (which shall be no later than the date on which the period of 28 days beginning with the date on which it comes into effect expires);
(c) give a description of the part of the highway to which the notice relates;
(d) state that in the period during which the notice has effect, the highway authority may without further notice remove any thing deposited unlawfully on the part of the highway to which the notice relates;
(e) state the effect of subsections (5) and (12) below.
(4) Where a subsection (2) removal notice is served under subsection (2) above, a copy of the notice shall be affixed by the highway authority to a conspicuous place in the vicinity of the part of the highway to which the notice relates.
(5) If any thing is deposited unlawfully on any part of the highway to which a subsection (2) removal notice relates, the highway authority may—
(a) remove the thing forthwith; and
(b) no sooner than the relevant date, dispose of the thing.
(6) If a highway authority remove a thing under section 149(2) of the Highways Act 1980 (c. 66) (which makes provision about things deposited on the highway so as to cause a danger), instead of proceeding under subsection (3) of that section, they may proceed in accordance with subsection (7) below.
(7) If the highway authority proceed under this subsection, no sooner than 24 hours after the removal of the thing under the said section 149(2), they shall issue a notice (“a subsection (7) removal notice”) and proceed in the manner described in subsection (9) below.
(8) A subsection (7) removal notice shall—
(a) give a description of the thing removed;
(b) state the effect of subsections (10) and (12) below.
(9) Where a subsection (7) removal notice is issued, the notice or a copy of the notice shall be affixed by the highway authority to a conspicuous place in the vicinity of the part of the highway from which the thing was removed.
(10) A highway authority may, no sooner than the relevant date, dispose of any thing which they have removed and in respect of which a subsection (7) removal notice has been issued.
(11) Any person who without reasonable excuse removes, alters or damages a notice affixed to any place under subsection (4) or (9) above shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(12) The authority by whom a thing is removed in pursuance of this section may recover from the person by whom it was deposited on the highway, or from any person claiming to be entitled to it, any expenses reasonably incurred by the authority in removing, storing or disposing of it.
(13) After payment out of any proceeds arising from the disposal of the thing of the expenses incurred in the removal, storage and disposal of the thing, the highway authority may apply the balance, if any, of the proceeds to the maintenance of the highways maintainable at the public expense by them.
(14) If the thing in question is not of sufficient value to defray the expenses of removing it, the highway authority may recover from the person who deposited it on the highway the expenses, or the balance of the expenses, reasonably incurred by them in removing it.
(15) If, after a thing has been disposed of by a highway authority pursuant to this section, a person claims to have been the owner of the thing at the time when it was removed and the conditions specified in subsection (16) below are fulfilled, there shall be payable to him by the highway authority a sum calculated in accordance with subsection (17) below.
(16) The conditions are that—
(a) the person claiming satisfies the highway authority that he was the owner of the thing at the time it was removed; and
(b) the claim is made before the expiry of the period of five months beginning with the date on which the thing was removed.
(17) The sum payable under subsection (15) above shall be calculated by deducting from the proceeds of sale the charges reasonably incurred by the highway authority for the removing, storing and disposing of the thing.
(18) In subsections (5) and (10) above, the “relevant date” in respect of a thing is the date on which expires the period of 14 days beginning with the date on which the thing was removed by the highway authority.
(19) For the purposes of this section and section 18 (Removal notices: appeals) of this Act—
(a) “the relevant business” means the business referred to in subsection (1) above; and
(b) a person having an interest in a relevant business includes a person who—
(i) owns the business; or
(ii) manages the business; or
(iii) employs any person to manage the business; or
(iv) is involved in the conduct of the business.
(1) Any person—
(a) upon whom a subsection (2) removal notice has been served under section 17 (Removal of things deposited on the highway) of this Act; or
(b) having control of or an interest in the relevant business in respect of which the notice was served; or
(c) being the owner of a thing which has been removed by the highway authority under the said section 17,
may appeal to the magistrates' court.
(2) An appeal under subsection (1) above may be brought—
(a) on the grounds that any requirement imposed by this Act has not been complied with; and
(b) at any time—
(i) before the expiry of the period of 21 days beginning with the date on which the subsection (2) removal notice was served in the case of an appeal brought under paragraphs (a) or (b) of subsection (1) above; or
(ii) before the expiry of the period of 21 days beginning with the date on which the thing was removed in the case of an appeal brought under paragraph (c) of subsection (1) above.
(3) On an appeal to the magistrates' court under this section the court may make such order as it thinks fit and it shall be the duty of the council to give effect to such order.
(1) A subsection (2) removal notice under section 17 (Removal of things deposited on the highway) of this Act may be served either—
(a) by delivering it to the person on whom it is to be served; or
(b) by leaving it at the usual or last known place of abode or business of that person or, in a case where an address for service has been given by that person, at that address; or
(c) by sending it in a prepaid registered letter, or by the recorded delivery service, addressed to that person at his usual or last known place of abode or business or, in a case where an address for service has been given by that person, at that address; or
(d) in the case of a company or body incorporated in England or Wales, by delivering it to the secretary or clerk of the company or body at their registered or principal office, or sending it in a prepaid registered letter, or by the recorded delivery service, addressed to the secretary or clerk of the company or body at that office.
(2) Where the name of the person on whom the subsection (2) removal notice is to be served cannot be ascertained after reasonable inquiry, or that person is a company or body incorporated outside England or Wales, the notice shall be taken to be duly served if a copy of it is affixed conspicuously to some object on the premises in which the relevant business is conducted and—
(a) it is addressed to that person either by name or by the description of “the owner” or “the manager”, or as the case may be, of the business (describing it) and is delivered or sent in the manner specified in subsection (1)(a), (b) or (c) above; or
(b) it is so addressed and is marked in such a manner that it is plainly identifiable as a communication of importance and—
(i) it is sent to the premises in a prepaid registered letter or by the recorded delivery service and is not returned to the authority sending it; or
(ii) it is delivered to some person on those premises.
(3) This section is without prejudice to section 233 (General provisions as to service of notices by local authorities) of the Local Government Act 1972 (c. 70).
London Local Authorities and Transport for London Act 2003