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Transport Act (Northern Ireland) 1967

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61Abandonment of railway lines.N.I.

(1)Where—

(a)a service provided on any railway line or section thereof by a railway undertaking was wholly terminated before the coming into operation of this section and no such service has since been provided thereon;

(b)the railway undertaking becomes entitled by virtue of section 60(6) to terminate wholly the service provided on any railway line or section thereof;

the railway undertaking may—

(i)in a case to which paragraph (a) applies, at any time; or

(ii)in a case to which paragraph (b) applies, not earlier than six months after the date on which the period for objections to the termination of the service ended or the date on which the consent of the Minister was obtained;

apply to the Ministry for an order (hereafter in this Part referred to as “an order for abandonment” ) authorising the railway undertaking to abandon the said railway line or section thereof and the Ministry shall have power to make such an order.

(2)Where an order for abandonment has been made by the Ministry the following provisions shall have effect—

Paras.(a)(b) rep. by 1980 NI 11

(c)where the railway line has been carried over any public road by means of a bridge or viaduct which the railway undertaking was immediately before the making of the order for abandonment, liable to maintain, the railway undertaking shall if so directed by the Ministry remove the superstructure of the bridge or viaduct and render that part of the public road over which the railway line was carried fit and safe for use by the public to the satisfaction of the road authority and thereupon—

(i)the road authority shall be liable to maintain so much of the bridge or viaduct as remains after the removal of the superstructure; and

(ii)the railway undertaking shall cease to be liable to maintain the bridge;

(d)where any road authority becomes liable for the maintenance of any bridge or viaduct in accordance with paragraph ( c), the railway undertaking shall pay to the road authority such sum as represents the expenses which the road authority may incur by reason of the liability imposed on them by that paragraph (including any expenses incurred by reason of the failure of the undertaking to remove the superstructure of such bridge or viaduct);

(e)where the railway line crosses any public road at a level crossing the railway undertaking shall, within six months of the making of an order for abandonment or such further period as the Ministry may allow, remove the rails and do all such other things as may be necessary to render that part of the public road which the railway line crosses fit and safe for use by the public to the satisfaction of the road authority, and thereupon the railway undertaking shall cease to be liable to maintain that part in repair;

(f)where any bridge (being a bridge which the railway undertaking was, immediately before the making of the order for abandonment, liable to maintain) was, in pursuance of section 68 of the Railway Clauses Consolidation Act 1845 [1845 c.20] , made over or under the railway line for the accommodation of owners and occupiers of land adjoining the railway line, the railway undertaking shall, not later than twelve months after the making of the order for abandonment or such further period as the Ministry may allow, replace the bridge by a level crossing over the site of the abandoned railway and render the said crossing fit and safe for use, and thereupon—

(i)the railway undertaking shall cease to be liable to maintain the said crossing in repair; and

(ii)any right of way exercisable over the bridge before the making of the order for abandonment shall be exercisable in like manner over the said crossing, and any person for the time being entitled thereto shall do all such things as are reasonably necessary for keeping the said crossing fit and safe for use;

(g)the railway undertaking shall cease to be liable—

(i)if the railway undertaking has failed to replace any bridge in accordance with paragraph ( f), at the end of the period allowed for replacement; or

(ii)if the railway undertaking is liable to maintain any work (other than bridges over or under railway lines) of the kind mentioned in section 68 of the Railway Clauses Consolidation Act 1845, on the making of the order for abandonment;

and the railway undertaking shall pay to any owner or occupier of land adjoining the railway line for whose accommodation any bridge or works were made and which the railway undertaking was liable to maintain, compensation for all such injury or damage as he may sustain by reason of the railway undertaking ceasing to be liable to maintain such bridge or works.

(3)Where any dispute as to property or liabilities transferred or obligations imposed or compensation or expenses payable under this section arises between the railway undertaking and any Government department, local or public authority or other person it shall in default of agreement be referred to and determined by the Lands Tribunal.

Para. (4) rep. by 1984 NI 15

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