Regulation 38 Private street works

The provisions of this regulation shall apply wherever an authority (in this regulation referred to as “the new street works authority”) becomes the street works authority under Part IX of the Highways Act 1959 in place of another authority (in this regulation referred to as “the former street works authority”).

In respect of any sum paid or secured under section 192 of the said Act before the appointed day the new street works authority shall be the street works authority for the purposes of sections 192 to 198 of the said Act.

The changes of areas made by the order shall not affect any notices given or proceedings taken by, or on behalf of, the former street works authority under the code of 1892 (within the meaning of the said Act) in relation to the street, and such proceedings, and any works commenced under the said code, may be continued and completed, in accordance with the provisions of the said code, by the new street works authority as if they had given the notices, taken the proceedings or commenced the works.

Where, at the appointed day, any works under the said code have been commenced but not completed in the street the new street works authority shall be entitled to recover—

and the new street works authority shall have all such powers for the recovery of such expenses as they would have had if they had executed the whole of the works, and all the provisions of the said code shall apply accordingly.

Where, at the appointed day, any works under the said code have been completed in the street the new street works authority shall have all such powers for the recovery of the expenses incurred in the execution of the works as they would have had if they had undertaken the works, and all the provisions of the said code shall apply accordingly.

Paragraph (3) to (5) shall extend to notices, proceedings and works under sections 189 to 191 of the Highways Act 1959 or under any local Act to which article 7 of the Local Government (Road Traffic and Highways) (Transitional Provisions) Order 1974^f1 applied, with the substitution, for any reference to the code of 1892, of a reference to the said sections or the local Act, as the case may be.