Local Government (Highways) Act 1982

The corporation may enter into and carry into effect an agreement with an owner to carry out, at the expense of the owner, any works necessary for the discharge of the obligations of the owner under section 10.

If, before the expiration of 12 months after the relevant date or within such further time as the corporation may allow, the obligations of an owner under section 10(1)(a) have not been discharged, the corporation may cause such works to be carried out as are necessary for those obligations to be discharged and may recover the cost of those works from the owner.

For the purposes of subsection (2), the relevant date means – in a case to which section 7 applies, the date on which the approval of the corporation was notified to the owner; in a case to which section 8 applies, the date on which the owner is notified by the corporation under subsection (5) of that section that the opening of the highway should be proceeded with; and in a case to which section 9 applies, the date on which the sealed plan takes effect under Part 3 of the Local Government (Building and Miscellaneous Provisions) Act 1993.

If, at the expiration of the statutory period referred to in section 10(4), the road or other way is not in a proper state of repair, the corporation may cause such works to be carried out as are necessary to bring it into a proper state of repair, and may recover the cost of those works from the owner.

Subsection (2) and (4) do not apply to any works that the corporation is bound to carry out by virtue of an agreement under subsection (1).

Before carrying out any works under subsection (2) or (4), the corporation, unless it has already taken sufficient security for the execution of those works under Part 3 of the Local Government (Building and Miscellaneous Provisions) Act 1993, may require the owner to secure payment of the cost as estimated by it by means of a guarantee by an authorised deposit-taking institution or by a guarantee, money-lending, insurance, or trading corporation approved by the corporation.

Where any works are being, or have been, carried out, otherwise than by the corporation, for the purpose of the discharge of any of the obligations of an owner under section 10, the owner shall – furnish the corporation's engineer, when required, with a copy of each of the contracts and other documents relating to the carrying out of the works; furnish the corporation's engineer with full particulars of all arrangements made in relation to the works; and allow the corporation's engineer or a person authorized by him in that behalf to inspect and supervise the works.

If an owner fails to comply with any of the provisions of subsection (7), he is guilty of an offence and is liable on summary conviction to a fine not exceeding 5 penalty units.

A person concerned in the carrying out of works to which subsection (7) applies who does not obey the lawful orders of the corporation's engineer given in relation to their carrying out is guilty of an offence and is liable on summary conviction to a fine not exceeding 5 penalty units.

Except where works to which subsection (7) applies are carried out under the direct supervision of a civil engineer engaged by the owner and approved by the corporation, the owner shall pay to the corporation a fee for supervision equal to 3 per cent of the cost of the works.

This section has effect subject to section 86 (5) of the Local Government (Building and Miscellaneous Provisions) Act 1993.