Transport (London) Act 1969

31 Powers of Council where obstruction of highway is greater or longer than necessary

(1) If, in the case of any highway in Greater London which is not a trunk road, it appears to the Council that any of the following persons (hereafter in this section referred to as an " authorised person "), namely—

(a) any undertakers acting in the exercise of a statutory power to break up or open that highway; or

(b) where that highway is not a metropolitan road, the highway authority acting as aforesaid; or

(c) any person acting in the exercise of the power conferred by section 15(1) of the [1962 c. 58.] Pipe-lines Act 1962 ; or

(d) any person acting in the exercise of the power conferred by section 34(2) of the [1936 c. 49.] Public Health Act 1936,

has by the deposit of excavated matter or other material, or by means of the erection of barriers, or otherwise, created an obstruction in the highway to a greater extent or for a longer period than is reasonably necessary, the Council may by notice require that authorised person to take such steps as may appear to the Council to be necessary and as are specified in the notice to mitigate or discontinue the obstruction; and, subject to subsection (2) of this section, if that authorised person fails to comply with any such requirement within twenty-four hours of the receipt of the notice, the Council may take the necessary steps and may recover any expenses reasonably incurred by them in connection therewith from that authorised person.

(2) If, within twenty-four hours of receiving a notice under subsection (1) of this section, the authorised person in question makes representations to the Minister that the obstruction to which the notice relates is not greater, or has not been continued for a longer period, than is reasonably necessary, and sends to the Council a copy of the representations so made, the Council shall not take any such steps as aforesaid without the consent of the Minister.

(3) The Council may, if they think fit, delegate to an officer of the Council the power of making requirements conferred on the Council by this section.

(4) In this section, the expression " undertakers" means persons (other than persons acting on behalf of the Crown) having powers to break up or open highways in Greater London for the purposes of any sewerage system, or any water, gas, electricity, tramway or other undertaking, and any other expression (other than " metropolitan road ") which is also used in the [1959 c. 25.] Highways Act 1959 has the same meaning as in that Act.

(5) The provisions of section 139 of the Highways Act 1959 as to the powers of highway authorities in the case of such obstruction as aforesaid shall cease to apply in relation to any metropolitan road, but save as provided in the foregoing provisions of this subsection or by subsection (6) of this section nothing in this section shall affect the operation of the said section 139.

(6) In subsection (1) of the said section 139 as amended by section 19 of the [1962 c. 58.] Pipe-lines Act 1962, after the words " Pipe-lines Act 1962 " there shall be inserted the words " or by section 34(2) of the [1936 c. 49.] Public Health Act 1936 ".