Oxfordshire Act 1985

Section 2: “the county" means the county of Oxfordshire and "the county council" shall be construed accordingly;

"district" means a district in the county;

"district council" means the council of a district;

"street" has the meaning given by section 329 of the Highways Act 1980;”

Section 13:

(1) Subject to subsection (2) below a district council may name any street or any part of a street in their district which is without a name or which bears two names and may from time to time alter the name of any street or of any part of a street in their district.

(2) (a) Where the district council propose to alter the name of a street or part of a street they shall-

(i) post notice of the proposal in a conspicuous position at each end of the street or part to which it relates; and

(ii) serve a copy of the notice on the owner or occupier of every dwelling-house in that street or part.

(b) The notice under paragraph (a) above shall state the new name proposed and that objections to the proposal may be made in writing to the district council before a day, specified in the notice, not earlier than 28 days after the district council have complied with paragraph (a) above.

(c) Before determining any alteration of name in accordance with a proposal to which this subsection applies, the district council shall consider all objections made as provided in paragraph (b) above and, in the case of an objection by the owner or occupier of any dwelling-house in the street, give to the objector an opportunity of appearing before and being heard by a committee or sub-committee of the council.

(3) A district council may from time to time cause the name of any street or of any part of a street to be placed or marked on a conspicuous part of any building or other erection in their district in or near the street.

(4) Any person who, without reasonable excuse, removes any such name shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 2 on the standard scale.

(5) The following enactments shall cease to have effect in the county:-

(a) in the words in the Towns Improvement Clauses Act 1847 introducing sections 64 and 65, the words "naming the streets and";

(b) in the said section 64 the words from "and shall" to "to be known", and the words "or name" wherever occurring;

(c) section 21 of the Public Health Acts Amendment Act 1907; and

(d) sections 17 to 19 of the Public Health Act 1925.”

Section 13 dis-applies the main competing legislation on street naming under the 1847 Act, the 1907 Act and the 1925 Act and introduces a new legislative scheme for street naming.  This involves the authority posting notice of any proposal and serving notice on owners or occupiers of dwelling houses in the relevant street.  28 days are then given for objections and the authority is required to consider the objections (including in respect of those made by owners or occupiers of dwelling houses in the relevant street an opportunity to appear before the committee or sub-committee of the council). 

Provision is also made under Section 13: to allow the district council to put up street name signs; and to introduce an offence for anyone who removes any street name.  The offence is narrower than that under the 1847 Act.  Whilst the offence under Section 64 of the 1847 Act is still there in part the amendments by the Oxfordshire Act effectively prevent anyone from being prosecuted under it due to the now missing words when applied in Oxfordshire (for which see below). 

Section 14: “(1) A district council may allocate to buildings in a street in their district such numbers as they think fit.

(2) Where a number has, or numbers have, been allocated to a building under this section or any other enactment, the district council may serve on the owner or occupier of the building a notice requiring him within such period, not less than three weeks, as may be specified in the notice to mark the building with that number, or those numbers, in such a way as to make the mark legible from the street.

(3) The owner or occupier of a building shall—

(a) maintain the mark in such a way that it remains legible from the street; and

(b) keep the view of the mark from the street unobstructed to such extent as is practicable.

(4) A district council may alter the number or numbers allocated to a building, and where they do so subsections (2) and (3) above shall apply to the altered number or numbers.

(5) A district council may, instead of requiring a building to be marked with a number or numbers under this section, require it to be marked with such other means of identification as they may, at the request of the owner or occupier, allow; and subsections (2) and (3) above shall have effect accordingly.

(6) An owner or occupier of a building who without reasonable excuse -

(a) fails to comply with a notice served on him under subsection (2) above; or

(b) contravenes subsection (3) above;

shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 2 on the standard scale.

(7) The following provisions of the Towns Improvement Clauses Act 1847 shall cease to have effect in the county:—

(a) in the words introducing sections 64 and 65, the words "and numbering the houses";

(b) in section 64 the words from "shall from time to time to "think fit, and", and the words "number or" wherever occurring; and

(c) section 65.”

Section 14 applies a new legislative scheme for street numbering. 

Between Sections 13 and 14 there is a somewhat unsatisfactory dis-application of Section 64 of the 1847 Act which, rather than dis-applying the entirety of Section 64, dis-applies the various wording on street naming (by way of Section 13) and street numbering (by way of Section 14) to leave Section 64 applying in Oxfordshire as follows:

“The commissioners […]; and every person who destroys, pulls down or defaces any such […], or puts up any […] different from the […] put up by the commissioners shall be liable to a penalty not exceeding level 1 standard scale for every such offence”.