Highways Act 1980

4Where any such contract as aforesaid provides for the execution of works or the rendering of services by a person other than the authority or council in connection with the construction, maintenance or improvement of, or other dealing with, the highway, then—E+W+S+N.I.

(a)if the works or services have been completed before the day on which the highway becomes a trunk road but the price or payment, or any part thereof, has not accrued due before that day, the Minister[F1or a strategic highways company] may recover from the authority or council the price or payment, or part thereof, as the case may be; and

(b)if the works or services have not been completed before the said day, the value of any works executed, or services rendered, before that day, shall be ascertained, regard being had to the terms of the contract, and the Minister[F1or a strategic highways company] may recover from the authority or council the amount of the said value less any sum paid by the authority or council in pursuance of the contract, and if the authority or council have paid in pursuance of the contract a sum greater than the amount of the said value, the Minister[F1or a strategic highways company] shall repay the excess to the authority or council.

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