Highways Act 1980

7 Delegation etc. of functions with respect to metropolitan roads

(1) The Greater London Council may agree with any London borough council or the Common Council for the delegation to the borough council or Common Council of any of the functions of the Greater London Council with respect to the maintenance and improvement of, and other dealing with—

(a) the whole or any part of so much of any metropolitan road as lies within the borough or, as the case may be, the City;

(b) any land which does not form part of a metropolitan road but has been acquired by the Greater London Council in connection with such a road under section 239 (4) or section 246 below.

(2) For the avoidance of doubt it is hereby declared that the functions of the Greater London Council which may be delegated under subsection (1) above include the functions of that Council under section 12 of the [1967 c. 76.] Road Traffic Regulation Act 1967 (temporary prohibition or restriction of traffic on roads) with respect to any metropolitan road in the case of which that Council have so delegated their functions with respect to the maintenance of that road.

(3) A London borough council or the Common Council shall, in the discharge of any functions delegated under subsection (1) above, act as agents for the Greater London Council; and it shall be a condition of the delegation—

(a) that the works to be executed and the expenditure to be incurred by the borough council or the Common Council in the discharge of the delegated functions shall be subject to the approval of the Greater London Council;

(b) that the borough council or the Common Council shall comply with any requirement of the Greater London Council as to the manner in which, and the persons by whom, any works are to be carried out, and with any general directions of the Greater London Council as to the terms of contracts to be entered into for the purposes of the discharge of the delegated functions; and

(c) that any such works shall be completed to the satisfaction of the Greater London Council.

(4) If at any time the Greater London Council are satisfied on the report of some officer of the Council or other person appointed by them for the purpose that a road or land with respect to which functions are delegated by them under subsection (1) above is not in proper repair or condition, they may give notice to the borough council or Common Council requiring them to place it in proper repair or condition and if the notice is not complied with within a reasonable time may themselves do anything which seems to them necessary to place it in proper repair or condition.

(5) A delegation to a London borough council or the Common Council under subsection (1) above may be determined by notice given to that council by the Greater London Council during the first 9 months of any calendar year, or the functions so delegated may be relinquished by notice given by the borough council or the Common Council to the Greater London Council within any such period; and the notice shall take effect as from 1st April in the calendar year following that in which it is given.

(6) The Greater London Council may enter into an agreement with the council of a London borough or the Common Council—

(a) for the construction of a metropolitan road in the borough or, as the case may be, in the City, or

(b) for the carrying out by the borough council or the Common Council of any particular work of improvement of, or other dealing with, any such road or part thereof or any such land as is mentioned in subsection (1) above;

and subsections (3) and (4) above shall apply to the discharge of the functions of the borough council or Common Council under any such agreement, and to the conditions to be included in the agreement, as they apply to the discharge of functions delegated under subsection (1) above and to the conditions to be attached to any such delegation.

(7) The council of a London borough or the Common Council shall, if so required by the Greater London Council, undertake the maintenance of any metropolitan road within the borough or, as the case may be, within the City in consideration of such payments by the Greater London Council as may from time to time be agreed between them or, in default of such agreement, as may be determined by the Minister of Transport; and while that requirement remains in force the borough council or the Common Council shall have the like powers and be subject to the like duties and liabilities with respect to the maintenance of that road as if they were the highway authority therefor.

(8) Plant or materials belonging to a council by whom functions fall to be exercised by virtue of a delegation, agreement or requirement under this section may be used by them for the purposes of the exercise of those functions, subject to the terms of any delegation or any agreement between that council and the Greater London Council.

(9) Nothing in this section limits the power of the Greater London Council to enter into and carry into effect agreements with any person for any purpose connected with the construction, improvement or maintenance of, or other dealing with, a metropolitan road or otherwise connected with any functions of that Council relating to metropolitan roads; but no such agreement shall provide for the delegation of any powers or duties of the Greater London Council except in accordance with the provisions of this section.