6. The Board and the Agency shall enter into agreements with respect to the construction of the whole or any part of Works Nos. 19 and 41 and those agreements will (without limitation on the scope of this paragraph)—
(a)make provision for the Board or the Agency to carry out any functions under this Order which relate to Works Nos. 19 and 41 and for those purposes section 278 of the Highways Act 1980(1) (“the 1980 Act”) shall be construed as permitting the Board or those authorised on its behalf to carry out works in the public highway;
(b)provide for the vesting (when completed) of the whole or any part of Works Nos. 19 and 41 in the Agency; and
(c)contain such terms as to funding or otherwise as the parties consider appropriate.
(1)