PART 3Builders' Skips

11Builders' skips: provision of lighting and covering by highway authority

(1)Subsection (2) applies if a builder's skip is found by a relevant highway authority to be deposited on a highway in Greater London and the skip—

(a)is not lighted or covered in accordance with the conditions of a permission under section 139 of the 1980 Act;

(b)was deposited without a permission under that section having been obtained; or

(c)is not properly lighted during the hours of darkness (or is not marked in accordance with regulations made under section 139(4)(a) of the 1980 Act).

(2)Where this section applies, the relevant highway authority in question may themselves light, cover or mark the skip or cause it to be lighted, covered or marked.

(3)Any expenses reasonably incurred by a relevant highway authority in the lighting, covering or marking of a skip under subsection (2) may be recovered from the owner of the skip in any court of competent jurisdiction or summarily as a civil debt.

(4)The owner of a skip is not liable to pay a penalty charge under section 9 in relation to a failure to secure that a condition or requirement relating to the lighting, covering or marking of the skip was complied with if the failure resulted from the lighting, covering or marking of the skip under subsection (2).