Local Government (Roads and Motorways) Act, 1974
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Failure of road authority to comply with direction of Minister. |
12.—(1) Whenever a road authority— | |
(a) fails or refuses to comply with a direction of the Minister given under section 11 of this Act, or | ||
(b) fails to comply with such a direction in a manner satisfactory to the Minister, | ||
the Minister may by order require the road authority to comply with such direction or to comply with such direction in a satisfactory manner, as the case may be, and the Minister may, if he thinks fit, specify in the order the manner in which or the time or times within which such direction is to be complied with or both such manner or such time or times, and if the road authority fail to comply with the requirements of the order or fail to comply with such requirements in a satisfactory manner, the Minister may by a further order invest himself with such of the said functions of the road authority as he considers necessary and may thereupon perform those functions. | ||
(2) Where the Minister is of opinion that it would be more convenient that any function which may be performed by him by virtue of an order under subsection (1) of this section, should be performed, whether generally or in a particular case, by a road authority or by some other person, he may— | ||
(a) require the road authority to perform the function, or | ||
(b) make an agreement with such other person for the performance of the function by him on the Minister's behalf, and thereupon the function shall become performable by the road authority, or such other person, as if the road authority or such other person, as the case may be, were the road authority in respect of whose function the order was made. |