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Highways Act 1980

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Highways Act 1980, Section 170 is up to date with all changes known to be in force on or before 21 September 2017. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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170 Control of mixing of mortar etc. on highways.E+W

(1)Subject to subsection (2) below, a person who mixes or deposits on a highway any mortar or cement or any other substance which is likely to stick to the surface of the highway or which, if it enters drains or sewers connected with the highway, is likely to solidify in the drains or sewers is guilty of an offence and liable to a fine not exceeding [F1level 4 on the standard scale].

(2)Nothing in subsection (1) above applies to any mixing or deposit—

(a)in a receptacle or on a plate which prevents the substance in question from coming into contact with the highway and from entering any drains and sewers connected with the highway;

(b)by the highway authority or a local authority in connection with the maintenance or alteration of the highway or a bridge over which or a tunnel through which the highway passes;

(c)by a body having a duty under an enactment to maintain—

(i)a bridge over which or a tunnel through which the highway passes, or

(ii)works or materials supporting or protecting the highway where it forms part of the approaches to such a bridge or tunnel,

if the mixing or deposit is in connection with the maintenance or alteration of the bridge, tunnel, works or materials;

(d)by statutory undertakers in connection with apparatus in or the placing of apparatus in the highway;

(e)by [F2any licensee under a street works licence] if the mixing or deposit cannot reasonably be done elsewhere than on the highway.

(3)In subsection (2) above—

  • local authority” means any of the following, namely, the council of a county, district or London borough, F3. . . the Common Council and the Council of the Isles of Scilly; and

  • statutory undertakers” means any of the following, namely, any body who are statutory undertakers within the meaning provided by section 329(1) below, [F4any universal service provider in connection with the provision of a universal postal service]. . . F5. . . [F6and the operator of [F7an electronic communications code network]][F8or a driver information [F9network]].

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F4S. 170(3): words in the definition of "statutory undertakers" substituted (26.3.2001) by S.I. 2001/1149, art. 3(1), Sch. 1 para. 49(4)

F7Words in s. 170(3) in definition of "statutory undertakers" substituted (25.7.2003 for specified purposes, 29.12.2003 for specified purposes) by Communications Act 2003 (c. 21), ss. 406(1)(6), 408, 411, Sch. 17 para. 56(1)(c)(2)(a) (with Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), 3(1), Sch. 1 (with art. 3(2) (as amended (8.12.2003) by S.I. 2003/3142, art. 1(3))); S.I. 2003/3142, art. 3(2) (with art. 11)

F9Word in s. 170(3) in definition of "statutory undertakers" substituted (25.7.2003 for specified purposes, 29.12.2003 for specified purposes) by Communications Act 2003 (c. 21), ss. 406(1)(6), 408, 411, Sch. 17 para. 56(1)(c)(2)(e) (with Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), 3(1), Sch. 1 (with art. 3(2) (as amended (8.12.2003) by S.I. 2003/3142, art. 1(3))); S.I. 2003/3142, art. 3(2) (with art. 11)

Modifications etc. (not altering text)

C1S. 170(3): by Telecommunications Act 1984 (c. 12, SIF 96), s. 109, Sch. 4 para. 3(1), Sch. 5 para. 45 it is provided that references to British Telecommunications in s. 170(3) cease to have effect

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