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The Contracting Out (Highway Functions) Order 2008

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This is a draft item of legislation and has not yet been made as a UK Statutory Instrument. This draft has been replaced by a new draft, The Contracting Out (Highway Functions) Order 2009 ISBN 978-0-11-147304-7

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4.  Subject to paragraph 9, functions conferred on the Secretary of State or a local highway authority, as a competent authority, by virtue of their being the highway authority for a highway, by or under any of the following provisions of the 1980 Act—

(a)section 143(1)(1) (power to remove structures from highways);

(b)section 154(1) and (2)(2) (cutting or felling etc trees etc that overhang or are a danger to roads or footpaths); and

(c)section 185(3) (power to install refuse or storage bins in streets).

(1)

Section 143(1)(a) was amended by the Local Government Act 1985 (c.51), section 8 and Schedule 4, Part I, paragraph 25.

(2)

Section 154(1) was amended by the Countryside and Rights of Way Act 2000 (c.37), section 65 and by the Local Government Act 1985 (c.51), section 8 and Schedule 4, Part I, paragraph 27.

(3)

Section 185(1) was amended by the Local Government (Wales) Act 1994 (c.19), section 22(1) and Schedule 7, Part I, paragraph 16. Subsection (3)(b) was amended by the Water Act 1989 (c.15), section 190(1) and Schedule 25, paragraph 62(7) and by the Postal Services Act 2000 (Consequential Modifications No.1) Order 2001 (S.I. 2001/1149) (“the 2000 Order”), article 3(1) and Schedule 1, paragraph 49(1) and (7)(a). Subsection (3A) was inserted by the 2000 Order, article 3(1) and Schedule 1, paragraph 49(1) and (7)(b).

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