Modifications etc. (not altering text)
C1Pt. V modified by S.I. 1991/516, art. 3A (which article is inserted by S.I. 1991/808, art. 2(3)).
(1)If [F1a strategic highways company,] a [F2local traffic authority] or an authority to whom section 68 of this Act applies fail to comply with any direction given under section 65(2) or section 69 of this Act, the [F3national authority] may F4... carry out the work required by the direction; and the expenses incurred F5... in doing so shall be recoverable by [F6the national authority] from [F7the company or] the authority [F8that failed to comply with the direction] , and, in England or Wales, shall be so recoverable summarily as a civil debt.
(2)Any such direction—
(a)if relating to a road in England or Wales, shall be enforceable on the application of the Secretary of State by an order of mandamus; or
(b)if relating to a road in Scotland, shall be enforceable by order of the Court of Session on an application by the Lord Advocate under section 91 of the M1Court of Session Act 1868.
[F9(3)In England, where subsection (1) applies in respect of non-compliance with a direction by a traffic authority other than a strategic highways company—
(a)a strategic highways company may carry out the work required by the direction with the consent of the Secretary of State, and
(b)the expenses incurred by the company in doing so are recoverable by the company from the authority summarily as a civil debt.]
Textual Amendments
F1Words in s. 70(1) inserted (5.3.2015) by Infrastructure Act 2015 (c. 7), s. 57(1), Sch. 1 para. 84(2)(a); S.I. 2015/481, reg. 2(a)
F2Words in s. 70(1) substituted by New Roads and Street Works Act 1991 (c. 22, SIF 59, 108), ss. 168(1), Sch. 8 para.53; which substitution is in force for Scotland only by S.I. 1991/2286, art. 2(2), Sch. 2 and for England and Wales only by S.I. 1991/2288, art. 3,Sch.
F3Words in s. 70(1) substituted (23.5.2016) by Scotland Act 2016 (c. 11), ss. 41(11)(a), 72(7) (with Sch. 2 paras. 34(2), 35(2))
F4Word in s. 70(1) omitted (23.5.2016) by virtue of Scotland Act 2016 (c. 11), ss. 41(11)(b), 72(7) (with Sch. 2 paras. 34(2), 35(2))
F5Words in s. 70(1) omitted (23.5.2016) by virtue of Scotland Act 2016 (c. 11), ss. 41(11)(c), 72(7) (with Sch. 2 paras. 34(2), 35(2))
F6Words in s. 70(1) substituted (23.5.2016) by Scotland Act 2016 (c. 11), ss. 41(11)(d), 72(7) (with Sch. 2 paras. 34(2), 35(2))
F7Words in s. 70(1) inserted (5.3.2015) by Infrastructure Act 2015 (c. 7), s. 57(1), Sch. 1 para. 84(2)(b); S.I. 2015/481, reg. 2(a)
F8Words in s. 70(1) inserted (23.5.2016) by Scotland Act 2016 (c. 11), ss. 41(11)(e), 72(7) (with Sch. 2 paras. 34(2), 35(2))
F9S. 70(3) inserted (5.3.2015) by Infrastructure Act 2015 (c. 7), s. 57(1), Sch. 1 para. 84(3); S.I. 2015/481, reg. 2(a)
Modifications etc. (not altering text)
C2S. 70: transfer of functions (6.5.1999) by S.I. 1999/901, art. 5, Sch.
C3S. 70(1): transfer of functions (1.7.1999) by S.I. 1999/1750, art. 2, Sch. 1; S.I. 1998/3178, art. 3
Marginal Citations
M11868 c. 100(36:).