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

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Adaptation of certain agreements between Secretary of State and existing local authorities

8.—(1) Where immediately before 1st April 1974 there is in force an agreement of a description specified in column (2) of the Schedule to this Order, which was made, or which has effect as if made, under a statutory provision specified in relation thereto in column (1) of that Schedule between the Secretary of State and an existing local authority specified in relation to such agreement in column (3) of that Schedule, then, subject to paragraph (2) below, on and after 1st April 1974 that agreement shall have effect as an agreement between the Secretary of State and the new local authority specified therefor in column (4) of that Schedule and as if for references in such agreement to the existing local authority there were substituted references to the new local authority, and any rights or liabilities of the existing local authority under any such agreement which immediately before 1st April 1974 are subsisting against or, as the case may be, are enforceable by, the Secretary of State shall on and after that date be rights and liabilities of the new local authority.

(2) Where on and after 1st April 1974 the trunk road or other highway or the land or lighting system to which an agreement of a description specified in item 1, 2, 3 or 4 of the said Schedule relates is situated in the area of more than one of the new local authorities mentioned in column (4) of that Schedule in relation to that item, then that agreement shall be regarded as so many separate agreements between the Secretary of State and each relevant new local authority in whose area any length of the trunk road or other highway or any part of the land or lighting system, as the case may be, is then situated, each such agreement referring to the appropriate new local authority instead of to the existing local authority and relating to the length of trunk road or other highway or the part of the land or lighting system situated in the area of that new local authority, and any rights or liabilities of the existing local authority under the agreement as it was in force immediately before 1st April 1974 shall be divided between the new local authorities concerned in a manner which has regard to the nature of such rights and liabilities and also to the length of trunk road or other highway or the part of the land or lighting system situated in the area of each such authority.

(3) Where any action, measure or procedure has been begun before 1st April 1974 by an existing local authority in pursuance of any such agreement as is mentioned in paragraph (1) or (2) above but has not been completed by that date, that action, measure or procedure may be continued and completed by the new local authority who under paragraph (1) or, as the case may be, paragraph (2) above take the place of the existing local authority under the agreement in relation to the action, measure or procedure in question, and any notice given or published and any other document made or issued by or to the existing local authority before 1st April 1974 for the purpose of, or in connection with, that action, measure or procedure shall have effect on and after that date as if for references therein to the existing local authority there were substituted references to the new local authority.

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