(1) A council may
exercise its powers under this Part in relation to a highway if (and only
if)—
(a) the
council is acting under an agreement with the relevant authority; or
(b) the
council is acting under or in accordance with a notice of the Commissioner of
Highways under section 26 of the Highways Act 1926 .
(2) In this
section—
"relevant authority" means the Commissioner of Highways or other authority
that has the care, control and management of the highway.