SLPA2022 § 44 — Amendment of Street Works Act 1995

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§ 44 — Amendment of Street Works Act 1995

44. Section 32A of the Street Works Act 1995 is amended —(a)

by deleting the word “or” at the end of subsection (1)(a);

(b)

by inserting, immediately after the words “to remain on” in subsection (1)(b), the words “or to protrude over”;

(c)

by deleting the comma at the end of paragraph (b) of subsection (1) and substituting the word “; or”, and by inserting immediately thereafter the following paragraph:“(c)

erect or cause to be erected a structure on, under or over any public street, five‑footway or private footway,”;

(d)

by deleting subsection (3) and substituting the following subsection:“(3) If —(a)

any article or thing is deposited or left on, or protrudes over; or

(b)

any structure is erected, placed, maintained, replaced, renewed or restored on, under or over,

any public street, five‑footway or private footway in contravention of subsection (1), an authorised officer may move or remove that article, thing or structure, or cause it to be so moved or removed, so that it is no longer an obstruction or inconvenience to the passage of the public on the public street, five‑footway or private footway.”;

(e)

by deleting the words “move the article or thing” in subsection (4) and substituting the words “move or remove the article, thing or structure”;

(f)

by deleting paragraphs (a) and (b) of subsection (4) and substituting the following paragraphs:“(a)

the owner of the article, thing or structure, as the case may be;

(b)

the person who caused the article or thing to be deposited or left on, or to protrude over, the public street, five‑footway or private footway;

(ba)

the person who caused the structure to be erected on, under or over the public street, five‑footway or private footway;”;

(g)

by deleting paragraphs (a) and (b) of subsection (5) and substituting the following paragraphs:“(a)

demolish or remove any structure erected on, under or over the public street, five‑footway or private footway, and then move or remove the structure to store at a holding yard and dispose of the resulting debris from the demolition;

(b)

move or remove from the public street, five‑footway or private footway, any article, thing or structure by any reasonable means to store at a holding yard, including by towing the article, thing or structure (as the case may be) to a holding yard; and

(c)

use reasonable force, including cutting or breaking open any lock, seal, fastener or other device on or connected to any article, thing or structure mentioned in paragraph (a) or (b).”;

(h)

by deleting the words “remove any article or thing” in subsection (6) and substituting the words “move or remove any article, thing or structure”;

(i)

by deleting subsections (8) and (9) and substituting the following subsections:“(8) Where an authorised officer has exercised any power under subsection (3) in relation to any article, thing or structure —(a)

the authorised officer must cause a written notice to be sent to an owner of the article, thing or structure (if known) to inform the owner of —(i)

the removal or demolition of the article, thing or structure;

(ii)

the manner by which and the time within which the owner may procure the release of the article, thing or structure if not demolished; and

(iii)

the consequences that may follow under subsections (10) and (11) if the article, thing or structure is not claimed within the time specified in the notice; and

(b)

the Authority may recover, from any person mentioned in subsection (4)(a), (b), (ba) or (c), any costs reasonably incurred by the Authority in connection with the exercise of those powers, including costs of storing any article, thing or structure.

(9) Despite subsections (8) and (10), where it appears to the Authority that any article, thing or structure moved or removed under subsection (3) —(a)

is perishable;

(b)

may rapidly depreciate in value; or

(c)

is of such a nature or in such condition that it would be dangerous, not reasonably practicable or unduly costly for the Authority to retain custody of the article, thing or structure,

the Authority may, instead of storing the article, thing or structure at a holding yard and notifying the owner thereof, cause it —

(d)

to be sold (by public auction or otherwise) at once; or

(e)

to be destroyed or otherwise disposed of at such time and in such manner as the Authority thinks fit.”;

(j)

by deleting the words “subsection (9)” in subsections (10) and (12)(b) and substituting in each case the words “subsection (8)(a)”;

(k)

by deleting the words “article or thing” wherever they appear in subsections (10), (11), (12) and (13) and substituting in each case the words “article, thing or structure”;

(l)

by deleting the words “subsection (10)” in subsection (11) and substituting the words “subsection (9) or (10)”; and

(m)

by deleting subsection (15) and substituting the following subsection:“(15) In this section —“authorised officer” means any employee of the Authority, any outsourced enforcement officer and any other person appointed by the Authority under section 4 to assist in the enforcement of this section;

“erect”, in relation to a structure, includes any work carried out in constructing, installing, creating, replacing, maintaining, renewing or restoring a structure;

“structure” includes any of the following:(a)

a post, pile, stake, pipe, chain, wire or any other similar thing fixed to the ground;

(b)

a billboard, signboard, hoarding, fence, partition, sun‑shading device or canopy, an awning or advertising structure, or a platform, safety netting or other similar temporary structure;

(c)

a tunnel or bridge or an underpass or overpass;

(d)

a roof, cladding, curtain wall, bracket, cornice or other exterior feature of a building that is installed on, forms part of or projects outwards from a building.”.

“(3) If —(a)