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Order requiring works for maintenance of bridge.
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70.—(1) Where, by or under any Act, it is the duty of a person other than a road authority to maintain a bridge forming part of a road or the approaches to such bridge, the road authority charged with the maintenance of the road may, by order (in this section referred to as a works order), require such person to carry out, within a specified time after the coming into force of the order, specified works for the maintenance of such bridge or approaches, being works which, by or under such Act, it is the duty of such person to carry out.
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(2) A copy of a works order shall be served by post on the person to whom the order relates within seven days after the day on which the order is made.
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(3) The person to whom a works order relates may object to the order by giving notice in that behalf to the Minister within thirty days after the day on which the order was made and the notice shall be in writing and contain a statement of the grounds of the objection.
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(4) Where a notice of objection to a works order is given under this section, the Minister, after consideration of the objection and after consultation with the Minister for Industry and Commerce and the road authority who made the order, shall either—
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(a) confirm the order without amendment, or
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(b) confirm the order with such amendments as he thinks proper, subject to the limitation that no such amendment shall require the person to whom the order relates to carry out any works which, by or under the relevant Act referred to in subsection (1) of this section, it is not his duty to carry out, or
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(c) annul the order.
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(5) Where no objection is made under this section to a works order, the order shall come into force thirty-seven days after the day on which the order was made.
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(6) Where a works order is confirmed without amendment on an objection under this section, the order shall come into force on the day on which it is confirmed.
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(7) Where a works order is confirmed with amendments on an objection under this section, the order as so amended shall come into force on the day on which it is confirmed.
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(8) Where—
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(a) a works order which has come into force specifies a period for the carrying out of the works required thereby, and
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(b) on the expiration of that period, such works have not been begun, or if begun, have not been completed,
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the road authority who made the order may themselves carry out or complete such works.
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(9) Where a road authority carry out or complete under subsection (8) of this section works required by a works order, the person to whom the order relates shall pay to the road authority the amount of the expenses reasonably incurred by the road authority in carrying out or completing such works, and the road authority may recover that amount from such person as a simple contract debt in any court of competent jurisdiction.
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(10) Any doubt, dispute or question which may arise as to whether any expenses, which have been incurred by a road authority in carrying out or completing under subsection (8) of this section works required by works order, were reasonably so incurred shall be determined by the Minister after consultation with the Minister for Industry and Commerce and such determination shall be final.
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