(b) the standard of maintenance appropriate for a highway of that character and used by such traffic; 

(c) the state of repair in which a reasonable person would have expected to find the highway; 

(d) whether the Authority knew, or could reasonably have been expected to know, that the condition of the part of the highway to which the action relates was likely to cause danger to users of the highway; and 

(e) where the Authority could not reasonably have been expected to repair that part of the highway before the cause of action arose, what warning notices of its condition had been displayed, 

but for the purposes of such a defence it is not relevant that the Authority had arranged for a competent person to carry out or supervise the maintenance of that part of the highway to which the action relates unless it is also proved that the Authority had given the competent person proper instructions with regard to the maintenance of the highway and that the competent person had carried out those instructions. 

## Restoration of streets if street tramway discontinued 

17.  If the Authority abandons the construction of, or permanently ceases to operate any of, the authorised street tramway (“the discontinued tramway”), it must as soon as reasonably practicable and unless otherwise agreed with the street authority— 

(a) remove from any street in which the discontinued tramway is laid the rails and any other works, equipment and apparatus which have become redundant; and 

(b) restore, to the reasonable satisfaction of the street authority, the portion of the street along which the discontinued tramway was laid, or redundant works, equipment and apparatus were laid, regard being had to— 

## Agreements with street authorities 

(i) the condition of the street before the tramway was laid; and 

(ii) the nature of the traffic using the street at the time of the discontinuance. 

18. —(1) A street authority and the Authority may enter into agreements with respect to— 

(a) the construction of any new street under the powers conferred by this Order; 

(b) the strengthening, improvement, repair or reconstruction of any street under the powers conferred by this Order; 

(c) the maintenance of any street along or across which the authorised tramway is laid, or of the structure of any bridge or tunnel carrying a street over or under the authorised tramway; 

(d) any stopping up, alteration or diversion of a street under the powers conferred by this Order; or 

(e) the execution in the street of any of the works referred to in article 12 (power to execute street works). 

(2) Such an agreement may, without limitation on the scope of paragraph (1)— 

(a) provide for the street authority to carry out any function under this Order which relates to the street in question; and 

(b) contain such terms as to payment and otherwise as the parties consider appropriate. 

## Level crossings 

19. —(1) The Authority may construct and maintain the authorised tramway so as to enable tramcars upon it to cross on the level any highway or other road for the time being crossing the route of the system. 

