SCHEDULES

SCHEDULE 14PROTECTIVE PROVISIONS

PART 11FOR THE PROTECTION OF LOCAL HIGHWAY AUTHORITIES

Land interests

163.  Following the issuing of the final certificate under paragraph 161 (final certificate) in respect of any part of the local highway, the undertaker must, if requested by the relevant local highway authority, in respect of a local highway which is to be maintainable by the relevant local highway authority following, and as a result of, the completion of those works either—

(a)execute and complete a transfer to the relevant local highway authority at nil consideration of any land and rights which have been compulsorily acquired under this Order and which are necessary for the maintenance and operation of a local highway; or

(b)exercise the powers under article 20 (compulsory acquisition of land) and article 28 (compulsory acquisition of rights and imposition of restrictive covenants) (as applied by article 31 (application of the 1981 Act) and 32 (modification of the 2017 Regulations)) of this Order to directly vest in the relevant local highway authority land or interest which may be necessary for the maintenance and operation of a local highway,

unless otherwise agreed between the undertaker and the relevant local highway authority.