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Mersey Tunnels Act 2004

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Section 3

SCHEDULE 2Further amendment of the 1980 Act

After section 109 (For protection of Mersey Dock Estate), there is inserted the following section—

109AKingsway Tunnel: noise insulation works and grants

(1)In this section, “the Kingsway Tunnel” means the tunnels authorised by the Mersey Tunnel (Liverpool/Wallasey) &c. Act 1965 (c. xl) and the Mersey Tunnel (Liverpool/Wallasey) Act 1968 (c. xii).

(2)Subject to subsections (3) and (4) below, the Authority may—

(a)carry out works for insulating any dwelling or other building (or part of a building) used for residential purposes, in the vicinity of the approaches to the Kingsway Tunnel, against noise caused by the use of that tunnel; or

(b)make grants towards or for the cost of those works if they are carried out by a person other than the Authority, on such terms and conditions as it thinks fit.

(3)No works for the insulation of any building (or part of a building) in exercise of the powers of subsection (2)(a) above may be carried out by the Authority except with the written consent of the owner, lessee and occupier of the building (or part of the building) concerned.

(4)Except when to do so would be inconsistent with the provisions of this section or otherwise inappropriate in the circumstances, the Authority shall determine for the purposes of subsection (2) above—

(a)the eligibility for any noise insulation works;

(b)the nature and extent of any such works; and

(c)the amount of any grant,

in accordance with the Noise Insulation Regulations 1975 (S.I. 1975/1763) and as if it were a highway authority for the approaches and they were highways maintainable at the public expense..

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