http://www.legislation.gov.uk/ukpga/1980/66/section/46Highways Act 1980An Act to consolidate the Highways Acts 1959 to 1971 and related enactments, with amendments to give effect to recommendations of the Law Commission.1981-03-01texttext/xmlenStatute Law Database2026-03-18Expert Participation2026-03-13 Part IV Maintenance of Highways Maintenance of highways maintainable at public expense Supplemental provisions with respect to the getting of materials under section 45.461Where an excavation is made by a highway authority in the exercise of powers conferred by section 45 above, the authority shall—awhile work is in progress, and thereafter so long as the excavation remains open, keep the excavation sufficiently fenced to prevent accidents to persons or animals,bif no materials are found therein, fill up the excavation within 3 days from the date on which the excavation was made,cif materials are found, then within 14 days from the date on which sufficient materials have been obtained, fill up the excavation or slope it down and fence it off, if the owner or occupier of the land in question so requires, and thereafter keep it so fenced, anddwhen filling up an excavation, make good and level the ground and cover it with the turf or clod dug therefrom.2An authority who fail to comply with any of the provisions of subsection (1) above are guilty of an offence and liable to a fine not exceeding level 1 on the standard scale.3If in the exercise of powers conferred by section 45 above materials are dug so as to damage or endanger a highway, occupation road, ford, dam, mine, building, works or apparatus, the authority are guilty of an offence and, without prejudice to any civil proceedings which may be available against them, liable to a fine not exceeding level 1 on the standard scale.4A person who, without the consent of the highway authority,—atakes away any materials purchased, gotten or gathered by them for the repair of highways, orbtakes away any materials from a quarry or excavation opened by the authority before their workmen have ceased working thereat for 6 weeks,is guilty of an offence and liable to a fine not exceeding level 1 on the standard scale; but in the case of a quarry or excavation in private grounds, nothing in this subsection prevents the owner or occupier from getting materials therefrom for his own private use and not for sale.Words substituted by virtue of Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 46Words substituted by virtue of Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 46Words substituted by virtue of Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 46