The Local Government (Road Traffic and Highways) (Transitional Provisions) Order 1974

Private street works

7.—(1) The provisions of this Article shall have effect in relation to streets outside Greater London, being streets as respects which the council of the county in which they are situated (in this Article referred to as “the new street works authority”) become on 1st April 1974 by virtue of the Act of 1972 the street works authority in place of the existing local authority (in this Article referred to as “the existing street works authority”) who immediately before that date were the street works authority therefor.

(2) Any notices given or proceedings or other action taken by or on behalf of the existing street works authority under the code of 1892 in relation to a street shall not be affected by reason of the Act of 1972, and such proceedings or action, and any works commenced under the said code, may be continued and completed in accordance with the provisions of the said code by the new street works authority as if they had given the notices, taken the proceedings or action or commenced the works.

(3) Where, at 1st April 1974, any works under the code of 1892 have been commenced but not completed in a street the new street works authority shall be entitled to recover—

(a) such of the expenses incurred by the existing street works authority as that authority could have recovered under the said code, and

(b) such of the expenses incurred by themselves as the said authority could have recovered under the said code had they completed the works;

and the new streets works authority shall have all such powers for the recovery of such expenses as they would have had if they had executed the whole of the works, and all the provisions of the said code shall apply accordingly.

(4) Where, at 1st April 1974, any works under the code of 1892 have been completed in a street the new street works authority shall have all such powers for the recovery of the expenses incurred in the execution of the works as they would have had if they had undertaken the works, and all the provisions of the said code shall apply accordingly.

(5) Where in relation to street works executed or proposed to be executed in any street the existing street works authority have given any notice or commenced any proceedings or taken any other action before 1st April 1974 under the code of 1875, or under any provision contained in a local Act and regulating the procedure relating to the execution of street works and payments in respect thereof, but those works have not been completed, or the expenses incurred by that authority in the execution of those works have not been fully recovered from the owners of the land liable therefor, by that authority before that date, then in relation to those street works the code of 1875 or the provision in the local Act, as the case may be, shall remain applicable notwithstanding section 188(5) of the Act of 1972 (which provides that the code of 1875 and certain provisions in local Act shall cease to have effect) and the related repeals in Part IX of the Highways Act 1959 provided for in Schedule 30 to the Act of 1972, and any action remaining to be taken or right to be enforced in relation to those works under that code or that provision shall be taken or exercised by the new streets works authority and the provision of paragraphs (2) to (4) of this Article shall apply as if for the references therein to the code of 1892 there were substituted references to the code of 1875 or, as the case may be, the provision of the relevant local Act.

(6) Where in relation to street works executed or proposed to be executed in any street the existing street works authority have given any notice or commenced any proceedings or taken any other action before 1st April 1974 but those works have not been completed or the expenses incurred by that authority in the execution of those works have not been fully recovered from the owners of the land liable therefor by that authority before that date, and on and after that date part of that street is situated in the area of one new street works authority and another part is situated in the area of another such authority, then, subject to any agreement made between the new street works authorities concerned, the provisions of paragraphs (2) to (5) of this Article shall have effect so as to enable each such authority to take such action and exercise such rights as may be appropriate in relation to the part of the street and the land situated in the area of that authority, and the references in those paragraphs to the new street works authority shall be construed accordingly.

(7) Where before 1st April 1974 any sum has been paid to, or secured to the satisfaction of, the existing street works authority, under section 192 of the Highways Act 1959 or under any enactment which that section replaced, in respect of the cost of street works in a street, but those works have not been completed, or the expenses incurred by the existing street works authority in executing them have not been fully discharged by set-off or by recovery by that authority from the owners of the land liable therefor, before that date, then in the application to that sum and those street works of sections 192 to 198 of the said Act on and after that date—

(a) in a case where on and after 1st April 1974 the whole of the street in question is situated in the area of one new street works authority, that authority shall be the street works authority for the purposes of those sections, and

(b) in a case where on and after 1st April 1974 part of the street is situated in the area of one new street works authority and part is situated in the area of another such authority, the authority in whose area any part is situated shall in relation to the street works executed or to be executed in that part and in relation to the land situated in the area of that authority be the street works authority for the purposes of those sections.

(8) Where in the case mentioned in sub-paragraph (b) of paragraph (7) above the sum referred to in that paragraph has by virtue of the Local Authorities (England) (Property, etc.) Order 1973 or the Local Authorities (Wales) (Property, etc.) Order 1973 become vested on 1st April 1974 in one only of the new street works authorities concerned, or in two or more of those authorities but not in proportions calculated by reference to the cost of the street works executed or to be executed in the area of each authority, there shall be such financial adjustment between all the authorities concerned as shall ensure that each authority receives such portion of the said sum as is appropriate having regard to the street works executed or to be executed in that authority's area.

(9) Where a notice under section 174(3) or section 179(2) of the Highways Act 1959 (which relate to private street works) has been published before 1st April 1974, the provisions of paragraph 66 or, as the case may be, 67, of Schedule 21 to the Act of 1972 shall not have the effect of requiring copies of the resolution and the documents referred to in the said section 174(3) or 179(2) to be kept deposited and open to inspection on or after 1st April 1974 at any offices other than those at which they were required to be kept deposited and open for inspection before that date.