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PART IVN.I.MAKING-UP OF PRIVATE STREETS

Liability where transferor has taken responsibility for expenses of street worksN.I.

17.—(1) Where it is shown to the satisfaction of the Department, whether before or after the service of a demand for the payment of the expenses incurred by the Department in executing street works in a private street, that premises having a frontage in respect of which the street works have been executed have been transferred to the responsible person upon terms which included a provision to the effect that the transferor shall pay or procure the payment of such expenses, the Department may treat the transferor as the responsible person and may recover the expenses of the street works from him in accordance with Article 15.

(2) Any expenses recovered from the transferor under paragraph (1) shall be deemed to have been paid by the responsible person but, except to that extent, the liability of the responsible person for the expenses of the street works shall remain unaffected.