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Local Government (Miscellaneous Provisions) Act 1976

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This is the original version (as it was originally enacted).

1Power to erect flagpoles etc on highways

(1)Subject to the following subsection, a local authority may—

(a)erect flagpoles, pylons and other structures on any highway in its area for the purpose of displaying decorations ;

(b)make slots in such a highway for the purpose of erecting the structures; and

(c)remove any structure erected or slot made by the authority in pursuance of the preceding paragraphs;

and any structures or slots which may be erected or made by virtue of this subsection are hereafter in this section referred to as " relevant works ".

(2)A local authority shall not be entitled to exercise the powers conferred on it by the preceding subsection in respect of a highway for which it is not the highway authority except with the consent in writing of the highway authority for the highway, and shall not be entitled to exercise those powers in respect of so much of a highway as—

(a)is carried by a bridge which a body other than the local authority and the highway authority has a duty to maintain; or

(b)forms part of the approaches to such a bridge and is supported or protected by works or materials which a body other than the local authority and the highway authority has a duty to maintain,

except with the consent in writing of that body. In this subsection " bridge " includes a structure which carries a highway superimposed over a cutting.

(3)A highway authority or other body may give its consent in pursuance of the preceding subsection on such terms as it thinks fit (including in particular, without prejudice to the generality of the preceding provisions of this subsection, terms providing for the highway authority or body to remove any of the relevant works and reinstate the highway and to recover the reasonable cost of doing so from the local authority to which the consent was given).

(4)It shall be the duty of an authority by which relevant works are erected or made by virtue of the preceding provisions of this section—

(a)to ensure that the works are erected or made so as to obstruct the highway in question as little as is reasonably possible, so as not to obscure or conflict with traffic signs connected with the highway and so as to interfere as little as is reasonably possible with the enjoyment of premises adjacent to the highway and with, and with access to, any apparatus in or on the highway which belongs to or is used or maintained by statutory undertakers ; and

(b)to ensure that while the works are retained they are properly maintained and, so far as it is necessary to light them to avoid danger to users of the highway, are properly lit; and

(c)if the authority is not the highway authority for the highway, to indemnify the highway authority against any payments falling to be made by the highway authority in consequence of the works.

(5)A person who without lawful authority interferes with or removes any relevant works shall be guilty of an offence and liable on summary conviction to a fine not exceeding £50 or, in the case of a second or subsequent conviction under this subsection, not exceeding £100.

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