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Contribution by a local authority to the cost of a certified work.
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5.—(1) In this section the expression “benefited authority” means, in relation to a certified work, a local authority the performance of the functions of which will be facilitated or rendered less costly by such certified work when completed.
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(2) Where a certified work has been or is being or is about to be executed, the following provisions shall have effect in relation to such certified work, that is to say:—
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(a) any benefited authority may, with the consent of the Minister, agree with the local authority which is the executing authority in respect of such certified work to pay to that authority a specified contribution (in one sum or by instalments) towards the cost of the execution of the said certified work;
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(b) the Minister may by order require any local authority which is, in his opinion, a benefited authority to pay to the said executing authority (either, as shall be specified in such order, in one sum or by instalments of specified amounts payable at specified times), a contribution of specified amount towards the cost of the execution of the said certified work;
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(c) any contribution or instalment of a contribution towards the cost of the execution of the said certified work which is payable by a benefited authority to the said executing authority by virtue of an agreement made under this section between those authorities or by virtue of an order made by the Minister under this section may be recovered by the said executing authority from such benefited authority in any court of competent jurisdiction as a simple contract debt;
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(d) the amount of any such contribution or instalment of a contribution as is mentioned in the next preceding paragraph of this sub-section shall be raised by means of such rate charged on such area as the Minister shall direct having regard to the manner in and extent to which the performance of the functions of such benefited authority are or will be facilitated or rendered less costly by the said certified work when completed, and all other relevant circumstances.
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(3) Where—
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(a) a certified work consists of the construction of a new road or the improvement of an existing road or partly of such construction and partly of such improvement, and
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(b) the powers and duties of the council charged by law with the construction and maintenance of such road (whether new or existing or partly new and partly existing) or of any part of such road have been transferred under this Act from such council to the local authority which is the executing authority in respect of such certified work,
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the next preceding sub-section of this section shall apply and have effect in relation to any costs and expenses other than the cost of the execution of the said certified work incurred by the said executing authority at any time after such transfer in the exercise and performance of the powers and duties so transferred as if such costs and expenses were part of the cost of the execution of the said certified work and the said council (if it is not a benefited authority) were a benefited authority, but with and subject to the modifications that the contribution payable by the said council to the said executing authority in respect of the said costs and expenses may be an annual sum and may be varied from time to time either by agreement (with the consent of the Minister) between the said council and the said executing authority or by the Minister by order.
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