HC Deb 19 July 1972 vol 841 cc861-2

MAINTENANCE OF CERTAIN HIGHWAYS BU DISTRICT COUNCILS

Amendments made: No. 705, in page 281, line 30, after 'above', insert 'or paragraph 4(2) below'.

No. 706, in page 281, line 32, at end insert— 4.—

  1. (1) Without prejudice to paragraph 3(2) above, the powers of a district council under section 183(2) above shall cease to be exercisable with respect to any highway—
    1. (a) on such day as may be agreed between the district council and the county council who are the local highway authority for the highway; or
    2. (b) six months after the receipt by that county council of a notice from the district council stating the intention of the district council to cease to exercise those powers;
    and any such agreement or notice may relate either to such highway or highways as may be specified in the agreement or notice or to all the highways in respect of which the powers of the district council are exercisable at the time the agreement is made, or, as the case may be, the notice is served.
  2. (2) Where the powers of a district council under section 183(2) above have ceased to be exercisable with respect to a highway by virtue of an agreement or notice under sub-paragraph (1) above, those powers shall not, except with the consent of the county council who are the highway authority for that highway, again become exercisable with respect to that highway at any time within the period of ten years beginning with the day on which the powers cease to be so exercisable; but if, at any time after the expiry of that period or, with the consent of the county council, before the expiry, the district council intend again to exercise those powers with respect to that highway, paragraphs 2 and 3(1) above shall not apply and those powers shall become 862 exercisable at the expiry of the period of six weeks beginning with the date on which the county council who are the highway authority receive notice of the district council's intention under paragraph 1 above.
  3. (3) If, by virtue of paragraph 3(2) or sub-paragraph (1) above, the powers of a district council under section 183(2) above cease to be exercisable with respect to any highway, the cessation shall not affect the continued existence, on and after the day on which the powers cease to be so exercisable, of any rights or liabilities of the district council in respect of the highway which are in existence immediately before that day.

No. 707, in page 281, line 35, leave out from 'above' to 'and' in line 36 and insert 'are for the time being exercisable'.

No. 709, in page 281, line 38, at end insert— (2) A copy of any list of highways prepared by a district council under sub-paragraph (1) above and of all amendments for the time being made thereto shall be furnished by the district council to the county council who are the highway authority for the highways concerned.

No. 708, in page 281, line 41, after '3(2)', insert 'or paragraph 4(1)'.—[Mr. Speed.]

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