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The Local Government (Road Traffic and Highways) (Transitional Provisions) Order 1974

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General provisions relating to highways

6.—(1) Where under the provisions of any enactment or otherwise, at any time before 1st April 1974, any act has been done by, any notice or payment has been given or made to, or any right or duty has been conferred or imposed on, an existing local authority in relation to any highway situated outside Greater London, in their capacity as highway authority for the highway, then, on and after that date, that act shall be deemed to have been done by, that notice or payment shall be deemed to have been given or made to, and that right or duty shall be deemed to have been conferred or imposed on—

(a)insofar as the act, notice, payment, right or duty relates to the maintenance of a highway which under section 187(2) of the Act of 1972 a district council (having complied with the provisions of Part I of Schedule 20 to that Act) are on 1st April 1974 entitled to maintain, the council of the district in which the highway is situated,

(b)insofar as the act, notice, payment, right or duty does not so relate, the council of the county in which the highway is situated,

and accordingly any document comprising or relating to the act, notice, payment, right or duty shall have effect on and after 1st April 1974 as if for any reference therein to the existing local authority concerned there were substituted a reference to the council of the district or county, as the case may be.

(2) Where under the provisions of any enactment, at any time before 1st April 1974, any act has been done by, any notice or payment has been given or made to, or any right or duty has been conferred or imposed on, an existing local authority, otherwise than as highway authority, in relation to any highway situated outside Greater London, then, subject to paragraph (3) below, on and after that date that act shall be deemed to have been done by, that notice or payment shall be deemed to have been given or made to, and that right or duty shall be deemed to have been conferred or imposed on, the council of the county or the council of the district in which the highway is situated, according as the function in connection with which the act was done, the notice was given, the payment was made or the right or duty was conferred or imposed becomes exercisable on and after that date by that council, and accordingly any document comprising or relating to the act, notice, payment, right or duty shall have effect on and after 1st April 1974 as if for any reference therein to the existing local authority concerned there were substituted a reference to the council of the county or district as the case may be.

(3) In a case where the function referred to in paragraph (2) above becomes exercisable on and after 1st April 1974 either by the council of the county or by the council of the district in which the highway is situated, that function shall be regarded for the purposes of that paragraph as becoming exercisable—

(a)by the district council alone, where before that date the act was done by, the notice or payment was given or made to, or the right or duty was conferred or imposed on, a county borough or county district council,

(b)by the county council alone, where before that date the act was done by, the notice or payment was given or made to, or the right or duty was conferred or imposed on, a county council.

(4) For the purposes of this Article an objection made before 1st April 1974 by an existing local authority to a scheme or order which is proposed to be made by the Secretary of State under any enactment and which, if made, would affect a highway in that authority's area, shall be regarded as an act done in connection with a function which on and after 1st April 1974 becomes exercisable by the council of the county in which the highway in question is situated.

(5) In a case where the circumstances mentioned in Article 5 of this Order occur the provisions of this Article shall have effect subject to the provisions of that Article.

(6) In this Article, except where the context otherwise requires—

(a)reference to any act done by an authority shall include a reference to any scheme, order, regulation, byelaw, agreement, requirement, application, apportionment or demand for payment made, resolution passed, charge conferred, authorisation granted, notice, direction, consent, approval, licence, permit or certificate given, building line or improvement line prescribed, or other thing done by that authority;

(b)reference to any notice given to an authority shall include a reference to any direction, consent or approval given to that authority; and

(c)reference to any right or duty conferred or imposed upon an authority shall include a reference to an obligation assumed by or a requirement made upon or a deposit or lodgment made with that authority, a transfer of a highway to that authority and a provision for that authority to become the highway authority for a highway.

(7) Insofar as provision is made by Article 3, 4, 7 or 8 of this Order for any matter, the provisions of this Article shall not apply in relation to that matter.

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