Section 171A: Works under s. 169 or s. 171: charge for occupation of the highway.

Highways Act 1980 · 1980 c. 66View on legislation.gov.uk

Part IX: Lawful and Unlawful Interference With Highways and Streets

The Minister may make provision by regulations requiring a person carrying out any of the following works in a highway maintainable at the public expense—

erecting or retaining a relevant structure within the meaning of section 169(1) above, or
depositing building materials, rubbish or other things, or making a temporary excavation, as mentioned in section 171(1) above,

to pay a charge to the highway authority if the duration of the works exceeds such period as may be prescribed and the works are not completed within a reasonable period.

The regulations may provide that if a person applying to the highway authority for a licence under section 169 or consent under section 171 submits together with his application an estimate of the likely duration of the works, the period stated in the estimate shall be taken to be agreed by the authority to be reasonable unless they give notice, in such manner and within such period as may be prescribed, objecting to the estimate.

The regulations may also provide that if it appears to the person carrying out the works that by reason of matters not previously foreseen or reasonably foreseeable the duration of the works—

is likely to exceed the prescribed period,
is likely to exceed the period stated in his previous estimate, or
is likely to exceed the period previously agreed or determined to be a reasonable period,

he may submit an estimate or revised estimate accordingly, and that if he does so any previous estimate, agreement or determination shall cease to have effect and the period stated in the new estimate shall be taken to be agreed by the authority to be reasonable unless they give notice, in such manner and within such period as may be prescribed, objecting to the estimate.

The regulations may make provision as to the time and manner of making payment of any charge.

The regulations shall provide that a highway authority may reduce the amount, or waive payment, of a charge in any particular case, in such classes of case as they may decide or as may be prescribed, or generally.

In this section " prescribed " means prescribed by the Minister by regulations.

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Reuse reviewed 21 August 2026 under Open Government Licence v3.0.