Section 144: Power to erect flagpoles etc. on highways., Highways Act 1980

Subject to subsection (2) below, a local authority may—

erect flagpoles, pylons and other structures on any highway in their area for the purpose of displaying decorations;

make slots in such a highway for the purpose of erecting the structures; and

remove any structure erected or slot made by the authority in pursuance of paragraph (a) or (b) above;

and any structures or slots which may be erected or made by virtue of this subsection are hereafter in this section referred to as "relevant works".

A highway authority or other body may give their consent in pursuance of subsection (2) above on such terms as they think fit (including in particular, without prejudice to the generality of the preceding provisions of this subsection, terms providing for the highway authority or body to remove any of the relevant works and reinstate the highway and to recover the reasonable cost of doing so from the local authority to whom the consent was given).

It is the duty of an authority by whom relevant works are erected or made by virtue of the preceding provisions of this section—

to ensure that the works are erected or made so as to obstruct the highway in question as little as is reasonably possible, so as not to obscure or conflict with traffic signs connected with the highway and so as to interfere as little as is reasonably possible with the enjoyment of premises adjacent to the highway and with, and with access to, any apparatus in or on the highway which belongs to or is used or maintained by statutory undertakers; and

to ensure that while the works are retained they are properly maintained and, so far as it is necessary to light them to avoid danger to users of the highway, are properly lit; and

if the authority are not the highway authority for the highway, to indemnify the highway authority against any payments falling to be made by the highway authority in consequence of the works.

A person who without lawful authority interferes with or removes any relevant works is guilty of an offence and liable to a fine not exceeding level 3 on the standard scale.

In this section—

"local authority" means any of the following, namely, the council of a county, district or London borough, . . . the Common Council, the Council of the Isles of Scilly and a parish or community council; and
"statutory undertakers" means any of the following, namely, any body which is a statutory undertaker within the meaning provided by section 329(1) below, any universal service provider in connection with the provision of a universal postal service, . . . . . . any licensee under a street works licenceand the operator of an electronic communications code networkor a driver information network.

Section 144: Power to erect flagpoles etc. on highways.

Discussed in

About this text