Article 32 Agreement for carrying out street works in private street

(1)

The Department may enter into an agreement under seal with any person—

(a)

for the carrying out at the expense of that person of street works in a private street; and

(b)

for the issue of a certificate by the Department when the street works have been completed in accordance with the agreement and the terms and conditions of the agreement have been duly complied with.

(2)

An agreement under this Article shall contain such provisions as to the construction of the street, as to the period during which the person with whom the agreement has been entered into shall be responsible for the maintenance of the street, and as to such other relevant matters as the Department thinks fit.

(3)

Where an agreement under paragraph (1) relates to street works in respect of which a sum has previously been paid or secured under Article 24(1) the agreement may also provide for the refund of that sum or a part thereof either without interest or with interest at such rate as may be specified in the agreement or, where the sum has been secured, for the release of the whole or a part of the security.

(4)

The person with whom the Department enters into an agreement under this Article shall secure the due performance of the agreement by means of a guarantee bond or by any other means acceptable to the Department.

(5)

A certificate issued by the Department under paragraph (1)( b) shall be conclusive for all the purposes of this Order that the street has been provided in accordance with the agreement.

Notes on the whole Order

Textual amendments

F1: functions transf. by SR 1999/481