The Local Authorities (Goods and Services) (Public Bodies) (Trunk Roads) (No. 1) Order 1997

Local highway authority (sub-contract) agreement

5.  An agreement is a local highway authority (sub-contract) agreement if it is an agreement to which each of the following subparagraphs of this article applies—

(a) it is an agreement between a management agent or a work contractor and a local authority, which is a county council, a county borough council, a unitary district council, a metropolitan district council, or a London borough council, with respect to a trunk road or trunk road connected land which is the subject of such agent’s management agency contract or such contractor’s works contract, where:—

(i) such road or land is inside the local authority’s area; or

(ii) if such road or land is outside the local authority’s area but within a London borough, a unitary district or a non-metropolitan county in England, the council of that borough, district or county has consented to the agreement between the local authority and the management agent or works contractor; or

(iii) if such road or land is outside the local authority’s area, but within a metropolitan district, or within a county or county borough in Wales, the authority has consulted the council of that district, county or county borough prior to entering into the agreement with the management agent or works contractor;

(b) it is an agreement made by acceptance of the local authority’s offer to carry out the obligations under the agreement where:—

(i) the local authority made the offer in response to an invitation by the management agent or works contractor to submit offers; and

(ii) if such persons are known to exist upon reasonable enquiry by the management agent or works contractor, the invitation was made to other persons who were willing to carry out work of the kind concerned, including at least one person who was not a local authority.