Q&As

Sections 171A–171D of the Highways Act 1980 state they are not in force yet. When will they be in force? What other powers are there to charge licence fees?

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Published on LexisPSL on 01/05/2020

The following Local Government Q&A provides comprehensive and up to date legal information covering:

  • Sections 171A–171D of the Highways Act 1980 state they are not in force yet. When will they be in force? What other powers are there to charge licence fees?
  • Power for a local authority to charge
  • License fee rates

Sections 171A–171D of the Highways Act 1980 state they are not in force yet. When will they be in force? What other powers are there to charge licence fees?

According to the legislation.gov website:

‘Highways Act 1980, Section 171 is up to date with all changes known to be in force on or before 03 March 2020. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.’

See Commentary: Charging for occupation of the highway by scaffolding and building materials: Halsbury’s Laws of England [395]. We have found nothing further to indicate any intention to bring these provisions into force.

Power for a local authority to charge

There are various specific statutory powers for local authorities to charge for certain services. A local authority can only levy a charge pursuant to express statutory authority or when such authority is necessarily implied. The general power to do

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