(1) Where a structure has been
erected or set up on a highway otherwise than under a provision
of this Act or some other enactment, a competent authority may
by notice require the person having control or possession of the
structure to remove it within such time as may be specified in
the notice. For the purposes of this section the following are
competent authorities -
(a) in the case of a highway which is for the time being
maintained by a district council by virtue of section 42 or 50
above, that council and also the highway authority, and
(b) in the case of any other highway, the highway
authority.
(2) If a structure in respect of which a
notice is served under this section is not removed within the
time specified in the notice, the competent authority serving
the notice may, subject to subsection (3) below, remove the
structure and recover the expenses reasonably incurred by them
in so doing from the person having control or possession of the
structure.
(3) The authority shall not exercise
their power under subsection (2) above until the expiration of
one month from the date of service of the notice.
(4) In this section
"structure" includes any machine, pump, post or other
object of such a nature as to be capable of causing obstruction,
and a structure may be treated for the purposes of this section
as having been erected or set up notwithstanding that it is on
wheels.
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