Local Government Act 1966

28 Provision of lighting by highway authorities.

(1) The Minister and every local highway authority shall have power to provide lighting for the purposes of any highway or proposed highway for which they are or will be the highway authority, and may for that purpose—

(a) contract with any persons for the supply of gas, electricity or other means of lighting ; and

(b) construct and maintain such lamps, posts and other works as they consider necessary.

(2) A highway authority may alter or remove any works constructed by them under this section or vested in them under the following provisions of this Part of this Act.

(3) A highway authority shall pay compensation to any person who sustains damage by reason of the execution of works authorised by this section.

(4) Section 45 of the [1961 c. 64.] Public Health Act 1961 (attachment of street lamps to buildings) and section 81 of that Act (summary recovery of damages for negligence) shall apply to a highway authority not being such a council as therein mentioned as they apply to such a council.

(5) For the purposes of the definition of " improvement " in section 295 of the [1959 c. 25.] Highways Act 1959, this section shall be treated as included in Part V of that Act.

(6) Nothing in subsection (5) of this section shall affect the provisions of section 237 of the Highways Act 1959 (which relates to contributions by county councils to the cost of maintaining and improving claimed county roads); but for the purposes of that section—

(a) the cost of the maintenance and operation of a road lighting system for a claimed county road in exercise of the powers conferred by this section shall be treated as part of the cost of the maintenance of the road ; and

(b) the cost of the provision and improvement of such a system for such a road in exercise of those powers shall be treated as expenses of an improvement of the road unconnected with its maintenance,

and the cost of the provision, improvement, maintenance and operation of a footway lighting system for such a road in exercise of those powers shall not be included among the costs and expenses in respect of which payments and contributions are to be made under that section.