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London Local Authorities Act 1991 (c. xiii)

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22Distribution containers

(1)Without prejudice to the provisions of sections 143 and 149 of the [1980 c. 66.] Highways Act 1980 (which relate to the removal of structures erected or things deposited on a highway) if a borough council consider that for the good management of a highway or for the purpose of performing any of their functions a distribution container which has been deposited on the highway ought to be removed or repositioned, they may—

(a)require the owner of the container to remove or reposition it; or

(b)themselves remove or reposition the container or cause it to be removed or repositioned.

(2)Where a borough council remove or reposition a distribution container under subsection (1) above they shall, where practicable, notify the owner, but if the owner cannot be traced, or if within the period specified in any such notice (not being less than one month from the date of the notice) he has not recovered the container, they may dispose of the container and its contents.

(3)Where a borough council acting under this section—

(a)exercise powers in relation to a container other than the power of disposal, they may recover their expenses in so doing (including any storage expenses) as if they were expenses recoverable under section 149 (3) (a) of the [1980 c. 66.] Highways Act 1980;

(b)exercise their powers in relation to a container including the power of disposal, they may recover their expenses in so doing (including any storage expenses) as if they were expenses recoverable under section 149 (4) or, where material, (5) of the said Act in a case where an order authorising removal and disposal of the container has been made on a complaint by them under the said section 149 (4);

and in a case falling within paragraph (b) above where they recover their expenses in the manner provided by the said section 149 (4) they shall apply any balance of the proceeds of disposal in the manner so provided.

(4)In this section “distribution container” means any unattended container deposited in the highway for the free distribution of its contents to, or collection of its contents by, the public.

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