63.—(1) F97[Where a toll scheme is adopted by a road authority, the road authority may] enter into an agreement with another person under which, upon such terms and conditions as may be specified in the agreement (including the payment to, or retention by, the person of all or part of the proceeds of tolls in respect of the toll road the subject of the scheme), the person agrees to do all or one or more of the following:

(a) to pay some or all of the cost of the construction of the road,

(b) to pay some or all of the cost of the maintenance of the road,

(c) to construct or join or assist in the construction of the road for or with the authority,

(d) to maintain or join or assist in the maintenance of the road for or with the authority,

(e) to operate and manage (including provide, supervise and operate a system of tolls F98[and their collection] in respect of the use of the road) the road for or with the authority,

(f) such other things connected with or incidental or ancillary to or consequential upon the foregoing as may be specified in the agreement.

F99[(1A) A road authority may enter into different agreements with different persons in respect of anything referred to in subsection (1).]

(2) Without prejudice to the generality of subsection (1), an agreement under this section may—

(a) provide for the application of the proceeds of tolls, systems of accounting for tolls collected and the methods and times of payment of proceeds of tolls to the persons to whom they are to be paid under the terms of the agreement,

(b) specify the period for which the agreement shall have effect and provide for its termination or suspension and for matters connected with or incidental or ancillary to or consequent upon the expiration of the agreement or such termination or suspension, and

(c) provide for the giving of such security as may be specified therein—

(i) to the road authority by any other party to the agreement, or

(ii) by the road authority to any other party to the agreement,

in relation to the carrying out and observance by that party or authority of the terms and conditions of the agreement.

(3) A road authority may F100[…] enter into an agreement with a party with whom it has entered into a previous agreement under this section amending the terms or conditions thereof, adding thereto, or deleting therefrom, terms or conditions or revoking the previous agreement.

(4) Entry into an agreement under this section in relation to a regional road or a local road shall be a reserved function.

(5) The parties to an agreement under this section shall carry out the agreement in accordance with its terms and conditions and a road authority shall have all such powers as may be necessary for that purpose.