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Section 97 Lighting of highways.C1

England and Wales

(1)

F1 A highway authority may provide lighting for the purposes of any highway or proposed highway for which they are or will be the highway authority, and may for that purpose—

(a)

contract with any persons for the supply of gas, electricity or other means of lighting; and

(b)

construct and maintain such lamps, posts and other works as they consider necessary.

(2)

A highway authority may alter or remove any works constructed by them under this section or vested in them under Part III of the M1Local Government Act 1966 or section 270 below.

(3)

A highway authority shall pay compensation to any person who sustains damage by reason of the execution of works under this section.

(4)

Section 45 of the M2Public Health Act 1961 (attachment of street lamps to buildings) and section 81 of that Act (summary recovery of damages for negligence) apply to a highway authority who are not a council of a kind therein mentioned as they apply to such a council.

Annotations

Textual amendments

F1

Word in s. 97(1) substituted (5.3.2015) by Infrastructure Act 2015 (c. 7), s. 57(1), Sch. 1 para. 29; S.I. 2015/481, reg. 2(a)

Marginal citations

M1

1966 c. 42.

M2

1961 c. 64.

Modifications

C1

S. 97 functions made exercisable concurrently (3.3.2017) by The Cambridgeshire and Peterborough Combined Authority Order 2017 (S.I. 2017/251), arts. 1(2)(b), 9(2)(w)(3)

Notes on Part V

Modifications

C1

Pt. V (ss. 62-105) extended (13.2.1992) by Severn Bridges Act 1992 (c. 3), s. 32(2)(a)