Part VIIA

Provision of Amenities on Certain Highways

Limits of powers under ss. 115B and 115C.
115D
A council may exercise their powers under section 115B or 115C above to restrict the access of the public to any part of a highway to which this Part of this Act applies, but shall not so exercise them—
a
as to prevent traffic, other than vehicular traffic,—
i
entering the highway at any place where such traffic could enter it before, as the case may be, the making of a pedestrian planning order or a traffic order in relation to it or the exercise in relation to it of a power conferred by this Part of this Act; or
ii
passing along it; or
iii
having normal access to premises adjoining it; or
b
as to prevent any use of vehicles which is permitted by a pedestrian planning order or which is not prohibited by a traffic order; or
c
as to prevent statutory undertakers
. . . having access to any apparatus of theirs under, in, on or over the highway
; or
d
as to prevent the operator of an electronic communications code network having access to any electronic communications apparatus kept installed for the purposes of that network under, in, on or over the highway.
Words repealed by Water Act 1989 (c. 15, SIF 130), ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)–(10), 190, 193(1), Sch. 26 paras. 3(1)(2), 17, 40(4), 41(1), 57(6),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
Words inserted by Telecommunications Act 1984 (c. 12, SIF 96), s. 109, Sch. 4 para. 76(3), Sch. 5 para. 45
S. 115D(d) 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. 54 (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)
Pt. VIIA (ss. 115A–115K) inserted by Local Government (Miscellaneous Provisions) Act 1982 (c. 30, SIF 81:1), s. 20, Sch. 5 para. 1
S. 115D applied (18.2.2014) by London Local Authorities and Transport for London Act 2013 (c. v), s. 1(2)(3)16(4) (with s. 16(7)(10))