PART 2

Public Health and the Environment

Advertising

Railway undertakers: provision for purposes of section 11
12
1
Subsections (2) to (4) below apply where a borough council serve a notice under subsection (3) of section 11 (advertising: measures to be taken on surfaces) of this Act (a “section 11 notice”) requiring a protected party to carry out measures in respect of the display of unauthorised advertisements on a relevant surface situated on its operational land.
2
The protected party may, within a period of 28 days beginning with the day on which the notice is served, serve a counter-notice on the council specifying alternative measures which will in their reasonable opinion have the effect of preventing or reducing the frequency of the display of unauthorised advertisements on the relevant surface to the same or greater extent than the measures specified in the notice.
3
Where a counter-notice is served under subsection (2) above, the section 11 notice shall be deemed—
a
to require the alternative measures specified in the counter-notice to be carried out (instead of the measures actually required by the notice); and
b
to have been served on the date on which the counter-notice was served.
4
The period within which a protected party must carry out the measures specified in a counter-notice served under subsection (2) above may be extended by agreement of the council.
5
Subsections (6) to (9) below apply where a council propose to exercise a relevant power in respect of any operational land of a protected party.
6
Before exercising the relevant power the council shall serve not less than 28 days' notice in writing of their intention so to do on the protected party specifying the relevant surface concerned and its location.
7
The protected party on whom a notice under subsection (6) above is served may within the period of 28 days beginning with the day on which the notice is served serve a counter-notice on the council—
a
specifying conditions subject to which the relevant power is to be exercised, being reasonable conditions which are necessary or expedient in the interests of safety or the efficient and economic operation of the protected party’s undertaking; or
b
requiring the council to refrain from exercising the relevant power, if the protected party has reasonable grounds to believe, for reasons connected with the operation of its undertaking, that the relevant power cannot be exercised under the circumstances in question—
i
without risk to the safety of any person; or
ii
without unreasonable risk to the efficient and economic operation of the protected party’s undertaking.
8
Where a counter-notice is served under subsection (7)(a) above the relevant power may only be exercised subject to and in accordance with the conditions in the counter-notice.
9
Where a counter-notice is served under subsection (7)(b) above the relevant power may not be exercised.
10
In this section—
- “operational land” has the same meaning as in the Planning Act;
- “protected party” means—
  1. Network Rail Infrastructure Limited; and
  2. Transport for London,
and their subsidiaries (within the meaning given by section 1159 of the Companies Act 2006 (c. 46)), servants, agents and contractors;
- “relevant power” means a power to enter land conferred by section 287 (power to enter premises) of the Public Health Act 1936 (c. 49) as applied by subsection (4) of the said section 11.