(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]].
Textual Amendments
F1Words substituted by virtue of Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 38, 46
F2Words in s. 170(2)(e) substituted (1.1.1993) by New Roads and Street Works Act 1991 (c. 22, SIF 59, 108), s. 168(1), Sch. 8 Part I para. 5 (with s. 25(2)); S.I. 1992/2984, art. 2(2), Sch. 2
F3Words repealed by Local Government Act 1985 (c. 51, SIF 81:1), s. 102, Sch. 17
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)
F5Words repealed by Water Act 1989 (c. 15, SIF 130), ss. 58(7), 10(1), 141(6), 160(1)(2)(4), 163, 189(4)–(10), 190, 193(1), Sch. 26 paras. 3(1)(2), 17, 40(4), 41(1), 57(6), 58, Sch. 27 Pt. I
F6Words inserted by Telecommunications Act 1984 (c. 12, SIF 96), s. 109, Sch. 4 para. 76(9), Sch. 5 para. 45
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)
F8Words inserted by Road Traffic (Driver Licensing and Information Systems) Act 1989 (c. 22, SIF 107:1), s. 13(1), Sch. 4 para. 3(8)
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