New Streets Act 1951 (Amendment) Act 1957
| Jurisdiction | UK Non-devolved |
| Citation | 1957 c. 33 |
| Year | 1957 |
New Streets Act , 1951 (Amendment) Act, 1957
(5 & 6 Eliz. 2) CHAPTER 33
An Act to amend the New Streets Act, 1951
Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
1 Refunds, etc., where work done otherwise than at expense of local authority.
(1) Where a sum has been paid or secured under section one of the principal Act by the owner of land in respect of the cost of street works to be carried out in the private street on which that land has a frontage, and any street works are subsequently carried out in the private street in respect of that frontage to the satisfaction of but otherwise than at the expense of the local authority, the local authority may refund to the person at whose expense the works are carried out the whole or such proportion of that sum or, as the case may be, release the whole or such part of the security, as in their opinion represents the amount by which the liability of the owner of that land in respect of street works has been reduced as a result of the carrying out of the said street works:
Provided that where the person at whose expense the works are carried out is not the person who is for the time being owner of that land no refund or release shall be made under this subsection unless the owner has been notified of the proposal to make the refund or release and has been afforded an opportunity of making representations to the local authority in relation thereto.
(2) Where any land having a frontage on a private street, being land in respect of which a sum has been paid or secured under section one of the principal Act, is subsequently divided in two or more parts each having a frontage on that private street, the sum shall be treated as apportioned between the owners thereof according to their respective frontages, and subsection (1) of this section shall have effect accordingly.
2 Adoption of street where work done otherwise than at expense of local authority.
2. Where a sum has been paid or secured under section one of the principal Act by the owner of land in respect of the cost of street works to be carried out in the private street on which the land has a frontage and any street works are subsequently carried out in the private street in respect of that frontage to the satisfaction of, but otherwise than at the expense of, the local authority, the local authority, without prejudice to their powers under any other enactment, may, by notice to be fixed up in the street, declare the street or a part thereof in which any of the street works were carried out, being a part which comprises a part on which the said land has a frontage, to be a highway repairable by the inhabitants at large and thereupon such street or part of the street as defined in the notice shall become a highway repairable by the inhabitants at large.
3 Agreements under s. 146 of Public Health Act, 1875.
3. The power of a local authority to enter into agreements for the making of roads under section one hundred and forty-six of the Public Health Act, 1875, shall be, and be deemed always to have been, exercisable in respect of a private street notwithstanding that a sum has been paid or secured under section one of the principal Act by an owner of land in respect of the cost of street works in that private street, and shall include, and be deemed always to have included, power to provide in any such agreement for the refund of such sum or any part thereof either without interest or with interest at such rate as may be specified in the agreement, or for the release of the whole or any part of a security.
4 Registration in local land charges register.
(1) The matters specified in subsection (2) of this section shall be registered in the register of local land charges by the proper officer of the appropriate council in such manner as may be prescribed by rules made for the purpose of this section under subsection (6) of section fifteen of the Land Charges Act, 1925.
(2) The matters referred to in the foregoing subsection are the following, whether occurring before or after the passing of this Act, that is to say:—
(a ) notices served by a local authority pursuant to subsections (1) and (3) of section two of the principal Act;
(b ) determinations by the Minister under subsection (4) of the said section;
(c ) payments made or securities given pursuant to section one of the principal Act;
(d ) notices served under paragraph (e ), paragraph (f ) or paragraph (h ) of subsection (3) of the said section one exempting a building from that section;
(e ) resolutions passed under paragraph (k ) of subsection (3) of the said section one exempting a street or a part of a street from that section; and
(f ) refunds made and releases of securities granted under section three or section four of the principal Act or section one of this Act or in pursuance of an agreement referred to in section three of this Act.
(3) In this section ‘the appropriate council’—
(a ) where the matter in question relates to a street in a borough or urban district, means the council of that borough or district;
(b ) where the matter in question relates to a street in a rural district, means the council of the county comprising that district, or, where the council of the rural district are discharging the functions of the county council under the Private Street Works Act, 1892, as agents for the county council, means the council of the rural district.
5 Interest on sums paid under principal Act.
(1) Any sum paid by the owner of land to a local authority under section one of the principal Act shall, in so far as it continues to be held by the authority, carry simple interest at the appropriate rate from the date of payment until such...
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