Part 2

Road traffic and highways

Removal notices

Removal of things deposited on the highway
17
1
This section applies in respect of any part of—
a
any highway for which Transport for London are the highway authority; and
b
any highway for which a borough council are the highway authority.
2
If the highway authority are satisfied that—
a
things are deposited unlawfully and persistently on any part of the highway to which this section applies; and
b
the depositing of the things is caused by persons having control of or an interest in a business carried on in premises in the vicinity of the part of the highway concerned,
the highway authority may serve a notice under this subsection (“a subsection (2) removal notice”) on any person having control of or an interest in the relevant business.
3
A subsection (2) removal notice shall—
a
state the date on which it shall come into effect (which shall be no sooner than the date on which the period of 7 days beginning with the date of service of the notice expires);
b
state the date on which it shall expire (which shall be no later than the date on which the period of 28 days beginning with the date on which it comes into effect expires);
c
give a description of the part of the highway to which the notice relates;
d
state that in the period during which the notice has effect, the highway authority may without further notice remove any thing deposited unlawfully on the part of the highway to which the notice relates;
e
state the effect of subsections (5) and (12) below.
4
Where a subsection (2) removal notice is served under subsection (2) above, a copy of the notice shall be affixed by the highway authority to a conspicuous place in the vicinity of the part of the highway to which the notice relates.
5
If any thing is deposited unlawfully on any part of the highway to which a subsection (2) removal notice relates, the highway authority may—
a
remove the thing forthwith; and
b
no sooner than the relevant date, dispose of the thing.
6
If a highway authority remove a thing under section 149(2) of the Highways Act 1980 (c. 66) (which makes provision about things deposited on the highway so as to cause a danger), instead of proceeding under subsection (3) of that section, they may proceed in accordance with subsection (7) below.
7
If the highway authority proceed under this subsection, no sooner than 24 hours after the removal of the thing under the said section 149(2), they shall issue a notice (“a subsection (7) removal notice”) and proceed in the manner described in subsection (9) below.
8
A subsection (7) removal notice shall—
a
give a description of the thing removed;
b
state the effect of subsections (10) and (12) below.
9
Where a subsection (7) removal notice is issued, the notice or a copy of the notice shall be affixed by the highway authority to a conspicuous place in the vicinity of the part of the highway from which the thing was removed.
10
A highway authority may, no sooner than the relevant date, dispose of any thing which they have removed and in respect of which a subsection (7) removal notice has been issued.
11
Any person who without reasonable excuse removes, alters or damages a notice affixed to any place under subsection (4) or (9) above shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
12
The authority by whom a thing is removed in pursuance of this section may recover from the person by whom it was deposited on the highway, or from any person claiming to be entitled to it, any expenses reasonably incurred by the authority in removing, storing or disposing of it.
13
After payment out of any proceeds arising from the disposal of the thing of the expenses incurred in the removal, storage and disposal of the thing, the highway authority may apply the balance, if any, of the proceeds to the maintenance of the highways maintainable at the public expense by them.
14
If the thing in question is not of sufficient value to defray the expenses of removing it, the highway authority may recover from the person who deposited it on the highway the expenses, or the balance of the expenses, reasonably incurred by them in removing it.
15
If, after a thing has been disposed of by a highway authority pursuant to this section, a person claims to have been the owner of the thing at the time when it was removed and the conditions specified in subsection (16) below are fulfilled, there shall be payable to him by the highway authority a sum calculated in accordance with subsection (17) below.
16
The conditions are that—
a
the person claiming satisfies the highway authority that he was the owner of the thing at the time it was removed; and
b
the claim is made before the expiry of the period of five months beginning with the date on which the thing was removed.
17
The sum payable under subsection (15) above shall be calculated by deducting from the proceeds of sale the charges reasonably incurred by the highway authority for the removing, storing and disposing of the thing.
18
In subsections (5) and (10) above, the “relevant date” in respect of a thing is the date on which expires the period of 14 days beginning with the date on which the thing was removed by the highway authority.
19
For the purposes of this section and section 18 (Removal notices: appeals) of this Act—
a
“the relevant business” means the business referred to in subsection (1) above; and
b
a person having an interest in a relevant business includes a person who—
i
owns the business; or
ii
manages the business; or
iii
employs any person to manage the business; or
iv
is involved in the conduct of the business.