HC Deb 04 July 1930 vol 240 cc2330-1

(1) Where any structure has been erected or set up on a highway otherwise than under or in pursuance of any enactment the highway authority may by notice in writing require the person having control or possession of the structure to remove it within such time as may be specified in the notice.

(2) Any person on whom any notice is served under this section may, within one month of the service of the notice, appeal to the Minister, and if it is shown to the satisfaction of the Minister that the removal of the structure within the time specified in the notice would cause undue hardship to any person, the Minister may extend the time by such period as he thinks just.

(3) If any structure in respect of which a notice has been served under this section is not removed within the time specified in the notice, the highway authority may themselves remove the structure and recover the expense of so doing summarily as a civil debt from the person having the control or possession of the structure.

Provided that the power of the highway authority under this sub-section shall not be exercised until the expiration of one month after the date of the service of the notice or, if an appeal has been made to the Minister against the notice, until after the appeal has been determined.

(4) A notice under this section may be served either personally or by post.

(5) In this section the expression "structure" includes any machine, pump, post, or other object, of such a nature as to be capable of causing disobedience.—[Colonel Ashley.]

Brought up, and read the First time.

Colonel ASHLEY

I beg to move, "That the Clause be read a Second time."

I understand that the Minister is-going to accept this new Clause. It gives local authorities power to remove obstructions which have been put up by private individuals on the highways and road: side wastes. It often happens that the process of getting rid of such obstructions is very tedious. I cannot see why people should be permitted to put up obstructions on the highway.


I think this is a wise and reasonable proposition, and I shall be glad to accept it.


Will this apply to an advertisement on the side of the road?


Yes, if it is an obstruction.

Question, "That the Clause be read a Second time," put, and agreed to.

Clause added to the Bill.