113 Byelaws in respect of waterways owned or managed by certain bodies.
(1) The Minister may, on the application of any qualified body which owns or manages an inland waterway and after consultation with the relevant authority, by order confer on that body power to make byelaws in relation to that waterway for such purposes as may be specified in the order.
(2) Byelaws made by virtue of an order under this section shall not have effect until confirmed by the Minister, and before applying to the Minister for the confirmation of any byelaws the body concerned shall take such steps as may be specified in the order for securing that persons affected by the byelaws have an opportunity of making representations thereon to the Minister.
(3) If any person contravenes, or fails to comply with, any byelaws made by virtue of an order under this section he shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 1 on the standard scale, and if the contravention or failure to comply is continued after the conviction, he shall be guilty of a further offence and liable on summary conviction to a fine not exceeding £5 for each day on which it is so continued.
(4) An order under this section may contain such supplementary provisions as the Minister thinks necessary or expedient.
(5) In this section—
“qualified body” means any navigation authority as defined in section 135(1) of the Water Resources Act 1963, a body mentioned in any of the paragraphs of section 109(2) of this Act ... and any other body having public or charitable objects;
“relevant authority”, in relation to any order, means any local authority or water authority (except any such authority which is itself the applicant for the order) , except where applying for the order, Scottish Water or any local authority means, except in a case where it is itself the applicant for the order, the National Rivers Authority or any local authority in whose area the waterway in question is wholly or partly situated.
(6) Section 40 of the Railway and Canal Traffic Act 1888 (which makes provision as to the byelaws of canal companies) shall not apply to byelaws made by virtue of an order under this section.
114 Power of local authorities to assist in maintaining waterways for amenity purposes.
Without prejudice to section 109 of this Act, a local authority may assist any other person (whether financially, by the provision of services or facilities, or otherwise) in maintaining or improving for amenity or recreational purposes, including fishing—
(a) any inland waterway situated wholly or partly in the area of the authority; and
(b) any other inland waterway which is so situated that it can conveniently be used for those purposes by persons residing in the area of the authority.
(1) In sections 105 and 112 of this Act—
(a) references to any right of navigation over a waterway or canal include references to any right to use or keep any vessel or craft on the waterway or canal;
(b) “the appropriate tribunal” means, as respects England and Wales, the Upper and, as respect Scotland, the Lands Tribunal for Scotland or, until sections 1 to 3 of the Lands Tribunal Act 1949 come into force as regards Scotland, an official arbiter appointed under Part I of the Land Compensation (Scotland) Act 1963;
and sections 3 and 5 of the said Act of 1963 shall apply, subject to any necessary modifications, in relation to the determination of any question under either of those sections by an arbiter so appointed.
(2) Nothing in section 105 or in any order under section 112 of this Act shall be construed as abrogating any rights of navigation which subsist otherwise than by virtue of the enactments referred to in subsections (5) and (6) of the said section 105 or subsection (1) of the said section 112; and in those subsections references to rights conferred by an enactment do not include references to rights which are merely confirmed by it and which, if that enactment had not been passed, would subsist otherwise than by virtue of any such enactments as aforesaid.
(3) In sections 109, 112, 113 and 114 of this Act, “local authority” means—
(a) as respects England and Wales, the council of a county, ... district or London borough, ... and the Common Council of the City of London;
(b) . . . . . . . . . . . . . . . . .
(4) . . . . . . . . . . . . . . . . . . . . .
116 Transfer of responsibility for maintenance of highways on bridges over certain railways, inland waterways, etc.
(1) Where a highway is carried by a bridge over one or more of the following, that is to say, a railway of the Railways Board, a railway of Transport for London , an inland waterway of the Waterways Board or any other installation or land used by any of those Boards in connection with a railway or inland waterway, and immediately before the appointed day—
(a) the Board or Boards concerned are responsible for maintaining the highway carried by the bridge, or that highway together with the highway giving access to the bridge; and
(b) the highway at each end—
(i) of the bridge; or
(ii) if the Board or Boards are also responsible for maintaining the highway giving access to the bridge, of the bridge and any such highway,
is a highway maintainable at the public expense,
the highway carried by the bridge, together with any such highway as is mentioned in paragraph (b)(ii) of this subsection, shall on that day become a highway maintainable at the public expense.
(2) Any agreement between any of the Boards mentioned in subsection (1) of this section and a highway authority, so far as it provides for that authority to carry out after the appointed day, at the expense of the Board, any maintenance for which the Board cease to be responsible by virtue of that subsection, shall cease to have effect on that day.
(3) Where by virtue of any agreement or order made before the appointed day—
(a) a highway authority is responsible for maintaining the highway carried by or giving access to a bridge such as is mentioned in subsection (1) of this section; and
(b) but for that agreement or order, any of the Boards mentioned in that subsection would by virtue thereof have ceased to be responsible for maintaining that highway on that day,
that Board shall not by virtue of that agreement or order be liable to make to that highway authority in respect of the maintenance of that highway any annual or other periodical payment (not being an instalment of a lump sum) which falls due after that day.
(4) Where paragraphs (a) and (b) of subsection (1) of this section are not satisfied immediately before the appointed day in the case of any such bridge as is mentioned in that subsection, or such a bridge as aforesaid is constructed after that day, then, if those paragraphs are satisfied in the case of that bridge on any subsequent day, the highway carried by the bridge, together with any highway giving access to the bridge for the maintenance of which the Board or Boards concerned are also responsible, shall on that subsequent day become a highway maintainable at the public expense.
(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6) This section shall not affect the responsibility of any of the Boards for the maintenance of any part of a bridge or its approaches other than the surface of the highway, and a highway authority—
(a) shall not by virtue of this section be under any duty to make good, or incur any liability by reason of, any defect in the surface of the highway so far as attributable to the failure of any of the Boards to discharge that responsibility;
(b) shall permit the Board or Boards concerned to carry out on or in relation to the surface of the highway any works reasonably required to be carried out by them for discharging that responsibility or for inspecting, maintaining or altering any apparatus of the Board or Boards incorporated in or attached to the bridge; and
(c) shall not, without the consent of the Board or Boards concerned, increase to a significant extent the weight of the materials constituting the surface of the highway.
(7) Nothing in this section shall affect any liability incurred by any of the Boards by reason of any act or omission in relation to any highway before the day on which they cease by virtue of this section to be responsible for its maintenance.
(8) Subsection (9) applies if a network owner is, or but for this section would be, responsible for maintaining—
(a) a highway carried by a new bridge over its railway or over any other installation or land used by the network owner in connection with its railway, or
(b) that highway together with an access highway.
(9) Where—
(a) the highway at each end of the bridge; or
(b) if the network owner is also responsible for maintaining any access highway, the highway at each end of the bridge and any access highway,
is a highway maintainable at the public expense, the highway carried by the bridge, together with any access highway, shall be a highway maintainable at the public expense.
(10) In this section—
(a) “access highway", in relation to a bridge, means a highway giving access to the bridge; and
(b) “new bridge" means a bridge constructed after 31st March 1994.
(11) Subsections (6) and (7) of this section shall have effect in relation to a network owner and any such bridge of the network owner as is mentioned in subsection (8) above as they have effect in relation to a Board.
(12) Subsection (13) applies if Canal & River Trust is, or but for this section would be, responsible for maintaining—
(a) a highway carried by a new bridge over an inland waterway comprised in its undertaking or over any other installation or land used by Canal & River Trust in connection with such an inland waterway, or
(b) that highway together with an access highway.
(13) Where—
(a) the highway at each end of the bridge; or
(b) if Canal & River Trust is also responsible for maintaining any access highway, the highway at each end of the bridge and any access highway,
is a highway maintainable at the public expense, the highway carried by the bridge, together with any access highway, shall be a highway maintainable at the public expense.
(14) In this section—
(a) “access highway”, in relation to a bridge, means a highway giving access to the bridge; and
(b) “new bridge” means a bridge constructed after the coming into force of the British Waterways Board (Transfer of Functions) Order 2012 (S.I. 2012/1659).
(15) Subsections (6) and (7) of this section shall have effect in relation to Canal & River Trust and any such bridge of Canal & River Trust as is mentioned in subsection (12) above as they have effect in relation to a Board.
117 Duty ... as respects bridges carrying highways.
(1) This section applies to any bridge which—
(a) carries a highway over one or more of the following that is to say, a railway of the Railways Board, a railway of Transport for London , an inland waterway of the Waterways Board or any other installation or land used by any of those Boards in connection with a railway or inland waterway; and
(b) belongs to the Board or Boards whose railway, waterway, installation or land is crossed by the bridge.
(1A) This section also applies to a bridge (whenever constructed) which—
(a) carries a highway over—
(i) a railway comprised in a transferred network or a new network of a network owner, or
(ii) any other installation or land used by a network owner in connection with a railway or network comprised in a transferred network or a new network of that network owner, and
(b) belongs to the network owner whose railway, installation or land is crossed by the bridge,
and in relation to any such bridge references in this section to each of the Boards or a Board are, subject to subsection (1B) of this section, to be read as references to the network owner.
(1B) Subsection (7) applies in relation to a bridge constructed by or belonging to a network owner and one or more of the Boards mentioned in subsection (1) of this section as it applies in relation to a bridge constructed by or belonging to any two or more Boards.
(1C) This section also applies to a bridge (whenever constructed) which —
(a) carries a highway over an inland waterway of Canal & River Trust or any other installation or land used by Canal & River Trust in connection with an inland waterway, and
(b) belongs to Canal & River Trust,
and in relation to any such bridge references in this section to each of the Boards or a Board are, subject to subsection (1D), to be read as references to Canal & River Trust.
(1D) Subsection (7) applies in relation to a bridge constructed by or belonging to—
(a) Canal & River Trust and one or more of the Boards mentioned in subsection (1) of this section;
(b) Canal & River Trust and a network owner; or
(c) Canal & River Trust, one or more of the Boards mentioned in subsection (1) of this section and a network owner,
as it applies in relation to a bridge constructed by or belonging to any two or more Boards.
(1E) This section also applies to a bridge (whenever constructed) which—
(a) carries a highway over a railway of the Secretary of State, or any other installation or land used by the Secretary of State in connection with a railway, and
(b) belongs to the Secretary of State;
and in relation to any such bridge references in this section to each of the Boards or a Board are, subject to subsection (1F), to be read as references to the Secretary of State.
(1F) Subsection (7) applies in relation to a bridge constructed by or belonging to—
(a) the Secretary of State and one or more of the Boards mentioned in subsection (1) of this section;
(b) the Secretary of State and a network owner;
(c) the Secretary of State and Canal & River Trust; or
(d) the Secretary of State and one or more of the Boards mentioned in subsection (1) of this section, a network owner and Canal & River Trust;
as it applies in relation to a bridge constructed by or belonging to any two or more Boards.
(2) It shall be the duty of each of the Boards mentioned in subsection (1) of this section—
(a) in constructing a bridge which, on completion, will belong to the Board and be a bridge to which this section applies, or in reconstructing a bridge which belongs to the Board and to which this section applies, to secure that it has the required load-bearing capacity;
(b) to maintain and, if necessary, to improve or strengthen any bridge which belongs to the Board and to which this section applies so that it has the required load-bearing capacity, and, if at any time it is not reasonably practicable to secure that it has that capacity by means of maintenance, improvement or strengthening, to reconstruct the bridge or to replace it by a new bridge.
(3) For the purposes of subsection (2) of this section a bridge has the required load-bearing capacity—
(a) in the case of a bridge in relation to which load-bearing standards are prescribed by an order made by the appropriate Minister, if it complies with those standards; and
(b) in the case of any other bridge, if it is such as to be capable of bearing the weight of the traffic which ordinarily uses, or may reasonably be expected to use, the highway carried by the bridge on or about the day on which this section comes into force in relation to bridges of the Board concerned or, if the bridge is constructed subsequently, when it is opened for traffic.
(4) An order made for the purposes of subsection (3)(a) of this section—
(a) may prescribe standards for a particular bridge or for any class or description of bridges;
(b) may, in prescribing standards for a particular bridge or for any class or description of bridges, at the same time prescribe different standards for any bridge or bridges resulting from the reconstruction or replacement of that bridge or of any of those bridges;
(c) may prescribe standards by reference to any document published by the British Standards Institution, any government department or any other body or authority, and provide that where standards are prescribed as aforesaid any question as to the requirements to be fulfilled by a particular bridge in order to comply with those standards shall be determined, in case of dispute, by a certificate of the appropriate Minister;
(d) shall not, so long as a bridge is not reconstructed or replaced, be such as to require the bridge to comply with standards higher than those prescribed in relation thereto by a previous order under this section.
(5) For the purposes of subsection (3)(b) of this section, no account shall be taken of any traffic which cannot use the highway carried by the bridge in question without infringing a prohibition for the time being in force under section 1, 6, or 14 of the Road Traffic Regulation Act 1984.
(6) The requirements of this section shall be in addition to, and, so far as inconsistent therewith, shall prevail over, any requirements applicable to the bridge in question under section 46, 50, 51, 52, or 66 of the Railways Clauses Consolidation Act 1845, section 39, 43, 44, 45, or 58 of the Railways Clauses Consolidation (Scotland) Act 1845 or under any similar enactment.
(7) In subsection (2) of this section references to a bridge being constructed by or belonging to a Board include references to its being constructed by or belonging to any two or more of the Boards mentioned in subsection (1) of this section, and in any such case the duties imposed by the said subsection (2) shall be duties of both or all of those Boards.
(8) In this section “the appropriate Minister” means, as respects bridges in England, the Minister ,as respects bridges in Scotland, the Scottish Ministers and as respects bridges in . . . Wales, the Secretary of State.
118 Duty of highway authorities, etc., as respects bridges over certain railways or inland waterways.
(1) This section applies to any bridge, including a bridge constructed after the day on which this section comes into force, which—
(a) carries a highway over one or more of the following, that is to say, a railway of the Railways Board, a railway of Transport for London or an inland waterway of the Waterways Board; and
(b) belongs to the Minister, the Secretary of State, a local highway authority or some other person not being the Board or Boards whose railway or waterway is crossed by the bridge.
(1A) This section also applies to any bridge (whenever constructed) which—
(a) carries a highway over a railway comprised in a transferred network or a new network of a network owner, but
(b) does not belong to the network owner,
and in relation to any such bridge references in this section to any of the said Boards or a Board are to be read as references to the network owner.
(1B) This section also applies to any bridge (whenever constructed) which —
(a) carries a highway over an inland waterway of Canal & River Trust, but
(b) does not belong to Canal & River Trust,
and in relation to any such bridge references in this section to any of the said Boards or a Board are to be read as references to Canal & River Trust.
(1C) This section also applies to any bridge (whenever constructed) which—
(a) carries a highway over a railway of the Secretary of State, but
(b) does not belong to the Secretary of State,
and in relation to any such bridge references in this section to any of the said Boards or a Board are to be read as references to the Secretary of State.
(2) Subject to subsections (4) and (5) of this section, it shall be the duty of the person to whom a bridge to which this section applies belongs (in this section referred to as “the owner”) to maintain it in such a condition that it is not a source of danger to, and does not interfere with, or require any restriction to be placed on, the traffic from time to time using the railway or inland waterway crossed by the bridge.
(3) Any of the said Boards whose railway or inland waterway is crossed by a bridge to which this section applies (in this section referred to as “the relevant Board”) shall be entitled at all reasonable times to inspect and survey that bridge and for that purpose to place on or against it such apparatus as may be reasonably required; and subject to subsection (5) of this section, the Board may—
(a) at any time serve on the owner a notice requiring him to carry out, within such reasonable time as may be specified in the notice, any works so specified which are required to maintain the bridge in, or to restore it to, the condition mentioned in subsection (2) of this section; and
(b) if all or any of those works are not satisfactorily carried out by the owner in accordance with the notice, themselves carry out all or any of those works and recover the reasonable expenses of so doing from the owner;
and, if, in the opinion of the Board, it is necessary so to do by reason of the urgency of the matter, the Board may, without giving any such notice, themselves carry out any works which are required as aforesaid and, subject to subsection (5) of this section, recover the reasonable expenses of so doing from the owner.
(4) The relevant Board shall afford to the owner of a bridge to which this section applies such access to land occupied by them as he may reasonably require for maintaining the bridge in, or restoring it to, the condition mentioned in subsection (2) of this section, except that the Board shall not be obliged to afford access for any works the carrying out of which would, in the opinion of the Board, involve danger to or interference with, or require any restriction to be placed on, traffic using the railway or inland waterway crossed by the bridge, and where the Board refuse access as aforesaid—
(a) the owner of the bridge shall not by virtue of subsection (2) of this section be under any duty to carry out those works; but
(b) the Board may themselves carry out those works and, subject to subsection (5) of this section, recover the reasonable expenses of so doing from the owner.
(5) The owner of a bridge shall not by virtue of the foregoing provisions of this section be under any duty to carry out or pay for works for making good any defect—
(a) caused by the withdrawal of support from land in connection with the working or getting of minerals or with brine pumping; or
(b) for which the relevant Board are themselves responsible;
but nothing in this subsection shall affect any agreement between the owner of the bridge and the relevant Board and, subject to any such agreement, the relevant Board shall be entitled to carry out any works which are required to make good any such defect as aforesaid.
(6) The owner of any bridge to which this section applies shall afford to the relevant Board such access to land occupied by him as they may reasonably require for exercising their powers under this section; but the Board shall not claim such access as of right unless they have given the owner not less than seven days previous notice in writing stating the purpose of the proposed entry, except that they shall not be obliged to give such a notice if, in their opinion, it is impracticable to do so by reason of the urgency of the matter, in which case they shall take such steps as are reasonably practicable (before or after they enter the land) for informing the owner of the purpose of the entry.
(7) Where, in exercising their powers under this section in relation to any bridge, a Board cause damage to the bridge or to any land occupied by the owner of the bridge, they shall pay to the owner such compensation as may be just.
(8) The duty imposed by subsection (2) of this section on the owner of a bridge shall be in addition to any duty of the owner to maintain the bridge which arises under any other enactment or any order or agreement passed or made before the day on which this section comes into force or the date on which the bridge became a bridge to which this section applies, as the case may be; and, if under any such enactment, order or agreement there are subsisting as between the owner and the relevant Board any rights or liabilities as respects the making of payments in connection with the maintenance of the bridge, those rights and liabilities may be abrogated or modified by agreement between them or, in default of agreement, on the application of either of them, by arbitration.
(9) Any dispute arising out of this section between the owner of a bridge and a Board shall be referred to arbitration, but this subsection—
(a) shall be without prejudice to any provision of this section whereby any matter is to be determined by the opinion of a Board; and
(b) shall not preclude the carrying out by a Board of any works pending the determination of any arbitration proceedings.
(10) The provisions of this section shall have effect in relation to any bridge subject to any agreement made between the owner of the bridge and the relevant Board after the date on which those provisions became applicable to the bridge.
(11) Where any cable, pipe or other apparatus is incorporated in or attached to a bridge to which this section applies, then—
(a) if the apparatus belongs to the owner of the bridge, it shall be treated for the purposes of this section as forming part of the bridge; and
(b) if the apparatus belongs to some other person, the provisions of subsections (2) to (10) of this section shall have effect in relation to the apparatus and to that person as they have effect in relation to a bridge to which this section applies and to the owner of such a bridge;
but none of the said Boards shall by virtue of this subsection interfere with the use of any such apparatus for providing any supply or service if the apparatus is so used by its owner under statutory powers and he has not consented to that interference.
(12) Nothing in this section shall be taken as authorising any person to interfere with traffic lawfully using any bridge . . ..
119 Ending of liability ... to make payments on being relieved of responsibility for bridges carrying trunk or special roads.
(1) Where after the appointed day any network bridge or bridge belonging to the Railways Board, Transport for London , the Waterways Board or Canal & River Trust is transferred to the Minister or the Secretary of State under section 266 of the Highways Act 1980 or section 7 of the Trunk Roads Act 1946 266 of the Highways Act 1980 or section 80 of the Roads (Scotland) Act 1984 (bridges carrying highways , or as the case may be roads which become trunk roads) or to a special road authority by an order made by virtue of section 267 of the said Act of 1980 or section 8 of the Special Roads Act 1949267 of the said Act of 1980 or section 81 of the said Act of 1984 (bridges carrying highways , or as the case may be roads, which are included in special road schemes), the Board or, as the case may be, Canal & River Trust—
(a) shall not be liable under the provisions of section 55(2) of the said Act of 1980, section 7(3) of the said Act of 1946 or section 8(2) of the said Act of 1949, 55(2) of the said Act of 1980 or subsection (4) of the said section 80 (or that subsection as applied by subsection (2) of the said section 81), to pay any sum in respect of the value to the Board or, as the case may be, Canal & River Trust of the extinguishment of their liability for the maintenance, repair or improvement of the bridge or the highway , or as the case may be road, carried thereby; but
(b) shall not be entitled to receive under section 266(5) or 267(2) of the said Act of 1980 or the said section 7(3) or 8(2)266(5) or 267(2) of the said Act of 1980 or subsection (4) of the said section 80 (or that subsection applied as aforesaid) any sum in respect of the value to them of the bridge as an asset productive of revenue except to the extent (if any) by which that sum exceeds the sum which, apart from paragraph (a) of this subsection, the Board or, as the case may be, Canal & River Trust would be liable to pay under the provisions mentioned in that paragraph.
(2) None of the Boards mentioned in subsection (1) of this section or Canal & River Trust shall be liable to pay any instalment or make any annual payment under the provisions mentioned in paragraph (a) of that subsection if the obligation to pay that instalment or to make that payment arises from the transfer of any bridge before the appointed day and that instalment or payment falls due after that day.
(3) In subsection (1) above “network bridge”means a bridge (whenever constructed) which—
(a) carries a highway over a railway comprised in a transferred network or a new network of a network owner, and
(b) belongs to the network owner.
(4) In relation to a network bridge, references in this section to the Boards or a Board are to be read as references to the network owner.
121 Application of foregoing sections to other undertakers.
(1) In the foregoing sections of this Part of this Act any reference to Canal & River Trust, the Railways Board, Transport for London or the Waterways Board includes a reference to any subsidiary of that body ; ...
(2) The Minister may by order apply—
(a) all or any of the provisions of section 116 or 117 of this Act to bridges over railways or inland waterways of persons other than the bodies mentioned in those sections or their subsidiaries, or over installations or land used in connection with a railway or inland waterway by persons other than those bodies or subsidiaries, ... ;
(b) all or any of the provisions of section 118 of this Act to bridges over railways or inland waterways of persons other than the bodies mentioned in that section or their subsidiaries.
(3) An order under subsection (2) of this section may make such modifications in the provisions applied by it, and in any other enactment or instrument relating to the bridge, railway, inland waterway, installation or land to which it relates, as appear to the Minister to be appropriate.
(4) An order under the Light Railways Act 1896 may make provision for any matter for which provision can be made by an order made under subsection (2) of this section in relation to a railway or to any installation or land used in connection with a railway.
(5) Before making an order under subsection (2) of this section or by virtue of subsection (4) thereof, the Minister shall consult with the highway authority concerned (unless he is himself that authority); and, before making an order under the said subsection (2), the Minister shall consult with the owner of the railway, inland waterway, installation or land concerned.
(6) Where an order made under subsection (2) or by virtue of subsection (4)of this section applies all or any of the provisions of section 117 of this Act to any bridge to which that section has not at any previous time applied, paragraphs 15, 16, 18, 19 and 20 of Schedule 11 to the Highways Act 1980 (which relate to the apportionment of expenses) shall apply in relation to that bridge as if—
(a) the provisions of the said section 117 so applied were an order to which the said paragraph 15 applies; and
(b) the bridge were such a bridge as is mentioned in the said paragraph 15; and
(c) the highway authorities referred to in those paragraphs of the said Schedule 11 were the highway authority or highway authorities for the highway carried by the bridge;
but if the order made as aforesaid also applies to the bridge all or any of the provisions of section 116 of this Act and the highway carried by or giving access to the bridge has under the provisions of the said section 116 so applied become a highway maintainable at the public expense instead of by the owners of the bridge, then, for the purposes of sub-paragraph (2)(c) of the said paragraph 15, the share of the expense there referred to of those owners shall be increased by an amount equivalent to the amount of any saving to those owners, in consequence of those provisions of the said section 116, of expense in maintaining that highway.
(7) In the application of the last foregoing subsection to Scotland, references therein to paragraphs 15, 16, 18, 19 and 20 of Schedule 11 to the Highways Act 1980 and to sub-paragraph (2)(c) of the said paragraph 15 shall be construed as references to the following provisions respectively of the Bridges Act 1929, namely, sections 6(1), 6(2), 6(3), 7(2) and 15(b) and paragraph (c) of the proviso to the said section 6(1).
(8) In subsections (2) and (3) of this section, and in subsection (5) thereof so far as it relates to subsection (2), references to the Minister shall, as respects bridges in Scotland or Wales, be construed as references to the Secretary of State. ; and in the application of the said subsection (5) to Scotland the reference to a highway authority shall be construed as a reference to a roads authority.
(1) Where a railway or an inland waterway passes under a highway by means of a tunnel, or runs in a cutting over which a highway is superimposed, the foregoing provisions of this Part of this Act (except sections 119 and 120) shall, so far as applicable and subject to any necessary modifications, have effect in relation to the highway as if it were carried by a bridge and to the structure of the tunnel or, as the case may be, the structure by means of which the highway is superimposed as aforesaid, as if that structure were a bridge.
(2) In sections 116, 117 and 120 of this Act, and in section 121 thereof so far as it relates to the said sections 116 and 117, references to a railway include references to a railway which has ceased to carry any traffic and to the site of a railway from which the track has been removed.
(3) In sections 117 and 118 of this Act, and in section 121 thereof so far as it relates to those sections, references to a bridge include references to any abutments or other parts of a bridge and, if the person to whom the bridge belongs is responsible for the maintenance thereof—
(a) to the surface of the road carried by, or giving access to, the bridge;
(b) to any embankment, retaining wall or other work or substance supporting or protecting the surface of that road.
(4) In the foregoing provisions of this Part of this Act, and in this section, references to a highway do not include references to a waterway.
(5) In sections 116 to 119 and 121 of this Act, and in this section,—
(a) “network owner" means—
(i) a person in whom is vested a network by virtue of a transfer scheme, or
(ii) a successor in title to any such person;
(b) “new network" means a network constructed or acquired, other than pursuant to a transfer scheme, after 31 March 1994 where any railway line comprised in that network is connected to a railway line comprised in a transferred network;
(c) “transferred network" means a network transferred at any time by transfer scheme;
(d) “network" and “transfer scheme" shall be construed in accordance with the Railways Act 1993; and
(e) references to a highway are to be read, in relation to Scotland, as references to a road.
123 Power of highway and other authorities to contribute to cost of barriers, etc., at level crossings.
(1) Contributions to the expenses incurred by the Railways Board or a network owner in providing lifting or other barriers, lights, signs, or other devices or appliances for the protection or convenience of the public at or near any level crossing where a road is crossed by a railway of the Board , or, as the case may be, by a railway comprised in a transferred network or a new network of that network owner, may be made by—
(a) the highway authority, if any, for that road; and
(b) any local authority, not being the highway authority, in whose area the level crossing is situated.
(2) In this section “local authority” means, as respects England and Wales, the council of a county,. . . London borough or county district. . . and the Common Council of the City of London and “network owner", “new network”and “transferred network”shall be given the meanings in section 122(5) above,and, as respects Scotland, a county council and a town council.
134 Duty to act in certain cases as body engaged in commercial enterprise.
(1) This section applies to the following authorities, namely, the Boards, the new authorities, and the Executive for any designated area within the meaning of section 9(1) area which is an integrated transport area or a passenger transport area for the purposes of Part II of this Act.
(2) Every authority to whom this section applies who engage, either directly or through a subsidiary, in any activities authorised by any of the provisions specified in subsection (3) of this section shall in carrying on those activities act as if they were a company engaged in a commercial enterprise or, as the case may be, shall exercise their control over that subsidiary so as to ensure that the subsidiary in carrying on those activities acts as a company so engaged.
(3) The provisions referred to in subsection (2) of this section are—
(a) the following provisions of the Act of 1962, namely, subsections (2) to (4) of section 11 (which relate to certain development or acquisition of land);
(b) the following provisions of this Act, namely, sections. . . , 10(1)(viii), (xi), (xx)(b) and (xxii), 25(e) and (f), 26(1)(e)(ii), (f) and (k), 48(2), 49(1) to (4), 50(1) (so far as it relates to the provision of facilities at additional premises), and 50(2) to (5).
(1) The Minister shall by regulations require the payment by such person as may be determined by or under the regulations, in such cases and to such extent as may be so determined, of compensation to or in respect of any person who is on the date of the happening of any of the following events, namely—
(a) a transfer of any property, rights or liabilities under section 4, 5, . . .28, 29, 53 or 144 of this Act; or
(b) any change in the manner in which the carrying on of the activities of the Railways Board or the Freight Corporation is organised made—
(i) in pursuance of a direction under section 6(1) or 45(5) of this Act; or
(ii) with the consent of the Minister in order to give effect to conclusions reported under the said section 45; or
(c) the making of any adaptations such as are mentioned in paragraph 5(4) of Schedule 16 to this Act; or
(d) the revocation under paragraph 10(1) of Schedule 6 to this Act of a consent granted under that Schedule,
or who has before that date been, in any employment so determined and who suffers any loss of employment, or loss or diminution of emoluments or pension rights, or worsening of his position, which is properly attributable to the happening of that event.
(2) Any such regulations may apply in relation to any such person whether or not he continues in the employment determined as aforesaid until the date of the happening of the relevant event aforesaid, and whether or not he is a party to an agreement for the rendering of personal services which is affected by the happening of that event.
(3) Different regulations may be made under this section in relation to different classes of persons, and any such regulations may be so framed as to have effect from a date prior to the making thereof, so, however, that so much of any such regulations as provides that any provision thereof is to have effect as from a date earlier than the making thereof shall not place any person other than the person required to pay the compensation in a worse position than he would have been in if the regulations had been made to have effect only as from the making thereof.
(4) Regulations under this section—
(a) may prescribe the procedure to be followed in making claims for compensation, and the manner in which and the person by whom the question whether any or what compensation is payable is to be determined; and
(b) may in particular contain provisions enabling appeals from any determination as to whether any or what compensation is payable to be brought, in such cases and subject to such conditions as may be prescribed by the regulations, before an employment tribunal.
(5) No regulations shall be made under this section unless a draft thereof has been approved by a resolution of each House of Parliament.
(6) Where any of the following authorities, namely the Boards, the new authorities and the Holding Company, are required by any such regulations to pay compensation thereunder, any other of those authorities may arrange to make to the compensating authority payments by way of contributions towards their liability under the regulations; and if the compensating authority satisfy the Minister that any of the other authorities have not made a proper contribution towards that liability, whether by payment of money or by finding employment for persons to or in respect of whom the compensation has become payable, the Minister may require that other authority to make such payment to the compensating authority as appears to the Minister to be just.
(7) In relation to regulations under this section in connection with a transfer such as is mentioned in paragraph (a) of subsection (1) thereof to or from the Scottish Group or a subsidiary of theirs, references in the said subsection (1) to the Minister shall be construed as references to the Minister and the Secretary of State acting jointly; and for the purposes of any payment by the Scottish Group under subsection (6) of this section, references to the Minister in the said subsection (6) shall be construed as references to the Secretary of State.
(1) Subject to subsection (3) of this section, sections 73 and 74 of the Act of 1962 (which relate respectively to the powers of the Boards and the Holding Company as regards pensions and pension schemes and to the Minister’s power to make orders about pensions) shall have effect—
(a) as if the expression “Board”in each of those sections included each of the new authorities; and
(b) as if the reference in subsection (2)(a) of the said section 74 to a pension scheme in which employees of the Commission or a subsidiary of the Commission participated before the vesting date included a reference to a pension scheme in which employees of, or of a subsidiary of, the Railways Board or the Holding Company participated before any relevant transfer date such as is mentioned in subsection (4) of this section.
(2) If in the case of any transfer such as is mentioned in subsection (4) of this section an order under the said section 74 as applied by this section is made before the transfer date which provides for the transfer on that date from the transferor to some other person of property, rights and liabilities of the transferor relating to any pensions or pension schemes—
(a) that order may apply to the transfer under the order such of the provisions of Schedule 4 to this Act subject to such modifications as the Minister may consider appropriate; and
(b) save as may be provided by that order, the provisions of this Act with respect to the transfer mentioned in the said subsection (4) shall not apply in relation to the property, rights and liabilities to which the order relates.
(3) In relation to the Scottish Group, references to the Minister—
(a) in the said section 73 and, for the purposes of orders relating only to that Group, in the said section 74 and in subsection (2) of this section shall be construed as references to the Secretary of State;
(aa) in the case of the Waterways Board, to the Scottish Ministers,
(b) in the said section 74 and subsection (2), for the purposes of orders relating both to that Group and to other authorities, shall be construed as references to the Minister and the Secretary of State acting jointly.
(4) Any person who—
(a) on the transfer date for the purposes of a transfer under any of the following provisions of this Act, namely, sections 4(1), 4(4), 5(3) (a) or (b), . . . 28(1), (2) or (5) and 29(2), ceases to be employed by one, and becomes employed by another, of the following bodies, namely, the Railways Board, the Holding Company, the new authorities and any body which is a subsidiary of that Board or Company or of any of the new authorities;
(b) on the transfer date for the purposes of any transfer under subsection (2) of section 53 of this Act ceases to be employed by the Holding Company and becomes employed by any publicly-owned body within the meaning of subsection (1)(a) of that section or under the Crown; or
(c) on any such transfer date as aforesaid is employed by a body which immediately before that date was a subsidiary of one, but on that date becomes a subsidiary of another, of the following bodies, namely, the Railways Board, the Holding Company and the new authorities,
shall not in consequence cease to be eligible to participate in any pension scheme in which he was a participant immediately before that transfer date.
(5) In the application of subsection (4) of this section to a pension scheme the benefits under which are or will be receivable as of right, persons who have obtained pension rights under the scheme without having contributed under the scheme shall be regarded as participants in the scheme; and the reference in that subsection to being eligible to participate in a pension scheme shall be construed accordingly.
(6) Subsections (4) and (5) of this sections shall have effect subject to any order under section 74 of the Act of 1962 made by virtue of subsection (1) of this section, being an order taking effect on or at any time after the relevant transfer date referred to in the said subsection (4).
137 Machinery for negotiation and consultation with staff.
(1) This section applies to the following authorities, namely—
(a) . . .the Waterways Board. . . ;
(b) the new authorities;
(c) the Executive for any area which is an integrated transport area or a passenger transport area for the purposes of Part II of this Act.
(2) In the case of each authority to whom this section applies, except so far as the authority are satisfied that adequate machinery exists for achieving the purposes of this section, being machinery for operation at national level or local level or a level falling between those levels and appearing to the authority to be appropriate, it shall be the duty of the authority, either directly, or indirectly by exercising control over subsidiaries, to seek consultation with any organisation appearing to them to be appropriate with a view to the conclusion between the authority and that organisation or, if the authority so decide, between subsidiaries of theirs and that organisation, of such agreements as appear to the parties to be desirable with respect to the establishment and maintenance, for operation at any such level as aforesaid, of machinery for—
(a) the settlement by negotiation of terms and conditions of employment of persons employed by the authority and by their subsidiaries with provision for reference to arbitration in default of such settlement in such cases as may be determined by or under the agreements;
(b) the promotion and encouragement of measures affecting efficiency, in any respect, in the carrying on by the authority and by their subsidiaries of their activities, including in particular the promotion and encouragement of the training of persons employed as aforesaid; and
(c) the promotion and encouragement of measures affecting the safety, health and welfare of persons employed as aforesaid.
(3) Every authority to whom this section applies shall send—
(a) except in the case of the Waterways Board or such an Executive as aforesaid, to the Minister and to the Secretary of State for Employment and Productivity;
(b) in the case of such an Executive, to the Integrated Transport Authority for the integrated transport area in question or, in Scotland, to the Passenger Transport Authority for the passenger transport area in question (referred to below in this section as the relevant Passenger Transport Authority relevant Authority ),
copies of any such agreement as aforesaid and of any instrument varying the terms of any such agreement.
(4) Every authority to whom this section applies shall from time to time, at such times and within such period as—
(a) except in the case of the Waterways Board or such an Executive as aforesaid, the Minister; ...
(aa) in the case of the Waterways Board, the Scottish Ministers, or
(b) in the case of such an Executive, the relevant Passenger Transport Authority relevant Authority,
may direct, report to the Minister and to the Secretary of State aforesaid or, as the case may be, to the Scottish Ministers or the relevant Passenger Transport Authority relevant Authority as to the progress or lack of progress made in arriving at such agreements as aforesaid.
(5) Where it falls to any authority to whom this section applies or any subsidiary of theirs to participate in the operation of machinery established under this section, and the operation involves discussion of a subject by other persons participating therein, the authority or subsidiary shall make available to those persons, at a reasonable time before the discussion is to take place, such information in their possession relating to the subject as, after consultation with those persons, appears to the authority, or as the case may be, to the subsidiary to be necessary to enable those persons to participate effectively in the discussion.
(6) Nothing in this section shall be construed as prohibiting any of the authorities to whom this section applies or any subsidiary of theirs from taking part together with other employers or organisations of employers in the establishment and maintenance of machinery for the settlement of terms and conditions of employment and the promotion and encouragement of measures affecting the health, safety and welfare of persons employed by them and the discussion of other matters of mutual interest to the authority or subsidiary and persons employed by them.
(7) In this section “the Minister”—
(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b) in relation to the Scottish Group, means the Secretary of State for Scotland; and
(c) in relation to ... any other authority, means the Secretary of State for Transport.
(8) Section 72 of the Act of 1962 shall cease to apply to the Railways Board, the Waterways Board. . .
141 Application of Town and Country Planning Acts.
(1) Section 86 of the Act of 1962 (application of Town and Country Planning Acts) shall have effect as if the expression “Board" therein included each of the new authorities and the Executive for any area which is an integrated transport area or a passenger transport area for the purposes of Part II.
(2) Where in the case of any company—
(a) the company is a wholly-owned subsidiary of one of the following bodies, namely, a board, a new authority, or such an Executive as aforesaid; or
(b) two or more such bodies as aforesaid are members of the company and, if those bodies were a single body corporate, the company would be a wholly-owned subsidiary of that body corporate,
the said section 86 shall have effect as if the expression “Board" therein included that company and, so far as the activities of the company consist of the carrying on of any such undertaking as is mentioned in the definition of “statutory undertakers" in section 336(1) of the Town and Country Planning Act 1990 or in section 214 of the Town and Country Planning (Scotland) Act 1997, the company shall be deemed for the purposes of the said section 86 and any other enactment relating to statutory undertakers or statutory undertakings to be such undertakers carrying on such an undertaking.
(3) Subsection (1) of the said section 86 shall apply—
(a) to anything done by a Board or new authority in the exercise of the powers conferred by section 49(3) or (4) of this Act; and
(b) to anything done by such an Executive as aforesaid in the exercise of the powers conferred by paragraph (xxii) of section 10(1) of this Act; and
(c) to anything done by such a company as aforesaid which, if that company were a Board or such an Executive as aforesaid, would be an exercise of—
(i) the powers referred to in paragraph (a) or (b) of the said subsection (1); or
(ii) the powers conferred by the said section 49(3) or (4); or
(iii) the powers conferred by the said paragraph (xxii),
as it applies to anything done by a Board in the exercise of the powers referred to in paragraph (a) or (b) of the said subsection (1).
144 Transfer and disposal of historical records and relics.
(1) Subject to subsections (2) to (4) of this section, the Railways Board may, with the consent of the Minister—
(a) transfer without consideration to the Secretary of State for Education and Science any of the historical records and relics which were vested in the Board by section 31(2)(f) of the Act of 1962 and are for the time being in the possession of the Board, and any premises of the Board in which any significant collection of those records or relics is housed;
(b) transfer, without consideration or by way of sale, to any other person, or otherwise dispose of, any of those records or relics.
(2) No record vested in the Railways Board by the said section 31(2)(f) which is housed by the Board in premises in Scotland shall under subsection (1) of this section be transferred to any person other than the Secretary of State for Scotland or otherwise disposed of unless that record—
(a) has been previously offered by the Board to that Secretary of State; and
(b) has not been claimed by that Secretary of State within six months of the date on which the offer was made;
and if the record is claimed as aforesaid the Board shall transfer it without consideration to that Secretary of State.
(3) No record having special associations with the undertaking of Transport for London, and no relic having special associations with the undertaking of any relevant authority (that is to say, Transport for London any of the Boards other than the Railways Board, Canal & River Trust, any of the new authorities or the Holding Company) shall under subsection (1) of this section be transferred to any person other than the authority in question or otherwise disposed of unless—
(a) it has been previously offered by the Railways Board to that authority; and
(b) it has not been claimed by that authority within six months of the date on which the offer was made;
and if the record or relic is claimed as aforesaid the Railways Board shall transfer it without consideration to that authority.
(4) There shall be no transfer or disposal of any record or relic under subsection (1)(b) of this section, except in pursuance of subsection (2) or (3) of this section, unless—
(a) the record or relic has been previously offered by the Railways Board to the Secretary of State for Education and Science; and
(b) it has not been claimed by him within six months of the date on which the offer was made;
and, in the case of a record, before consenting to a transfer or disposal to which the foregoing provisions of this subsection apply, the Minister shall consult with such persons as the Minister and the Secretary of State for Education and Science acting jointly may consider—
(i) to possess appropriate qualifications for advising on the treatment of records of the class or description to which the particular record in question belongs; and
(ii) to be the appropriate persons to consult with respect to that particular record.
(5) Where any record or relic has been transferred to any relevant authority under subsection (3) of this section or under paragraph 4 of the British Transport Historical Relics Scheme 1963, that relevant authority shall, in respect of that record or relic, have the same powers, exercisable subject to the same conditions, as the Railways Board have under subsection (1) of this section in respect of the records and relics there mentioned.
(6) Subsections (1) to (5) of this section shall have effect notwithstanding anything in the schemes in force under paragraph 1(5) of Schedule 6 to the Act of 1962 (which impose duties as to the preservation of the historical records and relics vested in the Railways Board by that Act) and the Railways Board may, with the approval of the Minister, vary or revoke any such scheme so far as appears to the Board and the Minister to be expedient in consequence of those subsections; but, where any record or relic which has been transferred to a relevant authority under subsection (3) of this section or under paragraph 4 of the said Scheme of 1963 is for the time being in the possession of that or any other relevant authority, then (without prejudice to the powers conferred by subsection (5) of this section and to any relevant requirement of any scheme made under the said paragraph 1(5) which remains in force with or without variations made under this subsection) it shall be the duty of the relevant authority for the time being having possession of that record or relic to preserve it in suitable accommodation.
(7) Neither the Railways Board nor Transport for London shall dispose of any document or object for the time being in their possession which was not vested in them by the said section 31(2)(f) but falls within a class of documents or objects for the time specified by an agreement between the Board concerned and the Secretary of State for Education and Science as of sufficient interest to warrant preservation in any collection maintained or proposed to be maintained by him, unless—
(a) it has been previously offered by the Board to that Secretary of State; and
(b) it has not been claimed by him within six months of the date on which the offer was made;
and if that document or object is claimed as aforesaid the Board concerned shall transfer it without consideration to that Secretary of State.
In relation to any document or object in the possession of London Regional Transport, references above in this subsection to the Board concerned are references to Transport for London .
(7A) Neither subsection (4) nor subsection (7) above shall apply to a transfer by London Regional Transport of any record or relic or (as the case may be) of any document or object to any subsidiary of theirs; but in relation to any such record, relic, document or object for the time being in the possession of a subsidiary or former subsidiary of Transport for London —
(a) references to a relevant authority in subsections (5) and (6) of this section and references to London Regional Transport in subsection (7) of this section (except in the reference to an agreement between Transport for London and the Secretary of State) shall be read as including that subsidiary or former subsidiary; and
(b) the foregoing provisions of this subsection shall apply for the purposes of subsection (4) of this section (as it applies by virtue of subsection (5)) and for the purposes of subsection (7) of this section as if the reference to a transfer by Transport for London to any subsidiary in question to any subsidiary of Transport for London.
(8) Any offer or claim for the purposes of this section shall be in writing; and any such claim shall be of no effect unless—
(a) it contains a statement of the time (which shall be not more than three months after the date of the claim) when the claimant proposes to remove what he has claimed; and
(b) the claimant removes what he has claimed in accordance with that statement or at such later time as may be allowed by the authority to whom the claim was made.
(9) Nothing in Schedule 1 to the Public Records Act 1958 shall cause any records transferred under this section to become, by reason of that or any subsequent transfer, public records within the meaning of that Act; but any records so transferred which at any time are for the time being in the custody of the Secretary of State for Scotland may be treated for the purposes of section 5(1) of the Public Records (Scotland) Act 1937 as records belonging to Her Majesty.
(1) Section 47 of the Road Traffic Act 1962 (which relates to approval marks for motor vehicle parts for the purposes of certain international agreements) shall apply where any international agreement to which the United Kingdom is a party provides—
(a) for markings to be applied to a motor vehicle to indicate that the vehicle is fitted with motor vehicle parts within the meaning of that section of any description and either—
(i) that the parts conform with a type approved by any country; or
(ii) that the vehicle is such that as so fitted it conforms with a type so approved; and
(b) for motor vehicles bearing those markings to be recognised as complying with the requirements imposed by the law of another country,
as it applies where such an agreement provides as mentioned in paragraphs (a) and (b) of subsection (1) of that section.
(2) In the said section 47, the expression “motor vehicle part” shall include any equipment for the protection of drivers or passengers in or on a motor vehicle notwithstanding that it does not form part of, or of the equipment of, that vehicle.
(3) In this section, the expression “motor vehicle” means a mechanically propelled vehicle or a vehicle designed or adapted for towing by a mechanically propelled vehicle.
156 Miscellaneous, supplementary and consequential provisions.
(1) With a view to giving the public advance notice of plans for the discontinuance of any rail or shipping services provided by. . . the Scottish Group or any subsidiary of. . . or Group, that. . . Group shall from time to time publish in such manner and in such places in the United Kingdom as. . . the Secretary of State may direct such information as to their plans as. . . the Secretary of State may determine.
(2) The enactments referred to in Schedule 16 to this Act shall have effect subject to the provisions of that Schedule, being provisions supplementary to or consequential on provisions of this Act.
Any power to make orders or regulations conferred on any Minister by any provision of this Act shall ... be exercisable by statutory instrument; and any power to make an order under any provision of this Act shall include power to make such an order varying or revoking any previous order under that provision.
(1) The Minister may hold inquiries for the purposes of his functions under any provision of this Act . . . as if those purposes were purposes of the Ministry of Transport Act 1919 and section 20 of that Act shall apply accordingly.
(2) For the purposes of any functions under this Act of the Secretary of State for Scotland or the Secretary of State for Wales, subsection (1) of this section, the said section 20 and section 90(2) to (7) of the Act of 1962 shall have effect as if for any reference therein to the Minister there were substituted a reference to that Secretary of State.