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Article 5 Local highway authority (DBFO) agreement

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

An agreement is a local highway authority (DBFO) agreement if it is an agreement to which each of the following subparagraphs of this article applies:

(a)

it is an agreement between a DBFO 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 a DBFO 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 DBFO 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 DBFO contractor;

(b)

it is an agreement for:

(i)

the provision by the local authority for the DBFO contractor of any administrative, professional or technical services;

(ii)

the use by the DBFO contractor of any vehicle, plant or apparatus belonging to the local authority and the placing at the disposal of that contractor of the services of any person employed in connection with the vehicle or other property in question; or

(iii)

the carrying out by the local authority of works of maintenance in connection with land or buildings for the maintenance of which the DBFO contractor is responsible;

(c)

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 DBFO contractor to submit offers; and

(ii)

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; and

(d)

it is an agreement which will determine no later than on a date which is five years after the date which it was entered into by the parties.