Sch FIFTH para 5
Where any such contract as aforesaid provides for the execution of works or the rendering of services by a person other than the authority in connection with the construction, maintenance, repair, or improvement, or other dealing with, the road, then— (a) if the works or services have been completed before the day on which the road becomes a trunk road but the price or payment, or any part thereof, has not accrued due before that day, the Minister may recover from the authority the price or payment, or part thereof, as the case may be; and (b) if the works or services have not been completed before the said day, the value of any works executed, or services, rendered, before that day, shall be ascertained, regard being had to the terms of the contract, and the Minister may recover from the authority the amount of the said value less any sum paid by the authority in pursuance of the contract, and if the authority have paid in pursuance of the contract a sum greater than the amount of the said value, the Minister shall repay the excess to the authority.