The GLA Roads and Side Roads (Transfer of Property etc.) Order 2000

Transitional matters

6.—(1) Subsections (3) to (5) of section 415 of the 1999 Act apply in relation to the transfer of any property or liability re-transferred by Transport for London in pursuance of article 4(3) above as they apply to the transfer of that property or liability to Transport for London by or under this Order; but do not apply in relation to the transfer of any liability incurred under an agreement under article 4(1) above.

(2) This paragraph applies where—

(a) rights and liabilities under a contract of a relevant authority have been transferred to Transport for London by or under this Order, and

(b) the contract provides for the execution of works or the rendering of services by a person other than the relevant authority in connection with the construction, maintenance or improvement of, or other dealing with, the road with which the contract is concerned.

(3) Where paragraph (2) applies,

(a) if the works or services have been completed before the operative date but the price or payment, or any part of such price or payment, has not accrued due before that date, Transport for London may recover from the relevant authority that price or payment or part;

(b) if the works or services have not been completed before the operative date—

(i) the value of any works executed, or services rendered, before that date shall be ascertained, regard being had to the terms of the contract, and

(ii) Transport for London may recover from the relevant authority the amount of that value less any sum paid by the authority in pursuance of the contract; and, if the authority have so paid a sum greater than the amount of that value, Transport for London shall repay the excess to the authority.