(1)In this section—
“the Act of 1863” means the [1863 c. ccxvii.] London and North-western Railway (Additional
“the viaduct” means the viaduct formerly carrying the Kirkburton branch railway over the Huddersfield Broad Canal, Ashgrove Road and the river Colne at Deighton in the metropolitan borough of Kirklees authorised by the Act of 1863.
(2)If the Board proceed with the construction of Work No. 7 they may hold, use and appropriate the viaduct for the purposes of Work No. 7 and shall be relieved of the obligation to maintain the viaduct for the purposes of the Act of 1863.
(3)Subject to subsection (2) above, all the powers and obligations conferred or imposed upon the Board by the Act of 1863 in relation to the viaduct shall cease to have effect.
(4)Any person who suffers loss by the extinguishment of any private right under this section shall be entitled to be paid by the Board compensation, to be determined in case of dispute by the tribunal.