§ SECTION 153 OF THE ACT OF 1959 AS HAVING EFFECT IN ACCORDANCE WITH SECTION 11 OF THIS ACT
§ (1) No person shall construct under a highway any part of a building on land adjoining the highway or a vault, arch or cellar without the consent of the highway authority and the authority may by notice served on a person who has constructed any part of a building or a vault, arch or cellar in contravention of this section require him to remove it, or to alter or deal with it in such manner as may be specified in the notice.
§ (2) A person aggrieved by the refusal of a consent required by the foregoing subsection, or by a requirement of a highway authority thereunder, may appeal to a magistrates' court.
§ (3) A person who constructs any part of a building or a vault, arch or cellar in contravention of this section shall be guilty of an offence and shall be liable in respect thereof to a fine not exceeding five pounds, and subject to any order made on appeal, if he fails to comply with a requirement of a notice served on him under subsection (1) thereof, he shall be guilty of a further offence and shall be liable in respect thereof to a fine not exceeding forty shillings for each day during which the failure continues.
§ (4) The authority may also cause any part of a building or a vault, arch or cellar constructed in contravention of this section to be removed, altered or otherwise dealt with as they think fit and may recover the expenses reasonably incurred by them in so doing from the offender.
§ (5) As soon as may be after an authority consent to the construction of any part of a building or a vault, arch or cellar under a highway they shall give notice thereof to any public utility undertakers having any apparatus under the highway.
1015§ (5A) Subsection (1) of this section does not apply to the construction of code-regulated works as defined in section 1(5) of the Public Utilities Street Works Act 1950".
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| "9 & 10 Geo. 5 c. 1. | Birmingham Corporation Tramways Act 1919 | The whole Act". |
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§ Moved, That this House doth agree with the Commons in the said amendments.—(Lord Aberdare.)
§ On Question, Motion agreed to.
§ A Committee appointed to prepare a Reason to be offered to the Commons for disagreeing to the said amendment, the Committee to meet forthwith.