Highways Act 1980

Section 204.

SCHEDULE 15 E+W+S+N.I. Application of Advance Payments Code

1 Where the advance payments code does not apply in a parish or community or any part of a parish or community, the council of the county [F1 or metropolitan district] in which the parish or community is situated may, subject to the provisions of this Schedule, by resolution adopt that code for the parish or community or, as the case may be, for that part at a meeting of which not less than one month’s notice has been duly given to all the members of the council specifying the intention to propose the resolution. E+W+S+N.I.

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Amendments (Textual)

F1 Words inserted by Local Government Act 1985 (c. 51, SIF 81:1), s. 8, Sch. 4 para. 19

2 The resolution shall come into operation at such time, not being less than one month from the date of the first publication of an advertisement under paragraph 3(a) below, as the council may by the resolution fix, and upon its coming into operation the advance payments code shall apply in the parish or community, or part of the parish or community specified in the resolution. E+W+S+N.I.

3 When it has been passed, the resolution shall be published— E+W+S+N.I.

(a) by advertisement in at least one local newspaper circulating in the parish or community concerned or, as the case may be, the part of the parish or community concerned, and

(b) by notice thereof fixed to the principal doors of every church and chapel in the parish or community concerned or, as the case may be, the part of the parish or community concerned, in the place to which notices are usually fixed, and

(c) otherwise in such manner as the council think sufficient for giving notice thereof to all persons interested,

and a copy of the resolution shall be sent to the Minister.

4 A copy of the advertisement of the resolution published under paragraph 3(a) above is sufficient evidence of the passing of the resolution unless the contrary is shown, and, on the expiration of 3 months from the date of the first publication of that advertisement, an objection to the resolution on the ground— E+W+S+N.I.

(a) that notice to propose it was not duly given, or

(b) that the resolution was not sufficiently published,

is of no effect.

5 For the purposes of this Schedule a notice is to be deemed to have been duly given to a member of a council if— E+W+S+N.I.

(a) it is given in the mode in which notices to attend meetings of the council are usually given, or

(b) where there is no such mode, it is signed by the proper officer of the council and delivered to the member or left at his usual or last known place of abode in England or Wales, or sent by post in a prepaid registered letter, or letter sent by the recorded delivery service, addressed to the member at his usual or last-known place of abode in England or Wales.