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Transport Act 1968

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119 Ending of liability of Boards to make payments on being relieved of responsibility for bridges carrying trunk or special roads. E+W+S
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(1)Where after the appointed day any [F1network bridge or] bridge belonging to the Railways Board, [F2London Regional Transport] or the Waterways Board is transferred to the Minister or the Secretary of State under [F3section [F4266 of the M1Highways Act 1980] or section 7 of the M2Trunk Roads Act 1946 [F4266 of the M3Highways Act 1980 or section 80 of the Roads (Scotland) Act 1984]] (bridges carrying highways [F5, or as the case may be roads] which become trunk roads) or to a special road authority by an order made by virtue of [F3section [F6267 of the said Act of 1980] or section 8 of the M4Special Roads Act 1949][F6267 of the said Act of 1980 or section 81 of the said Act of 1984] (bridges carrying highways [F5, or as the case may be roads,] which are included in special road schemes), the Board—

(a)shall not be liable under the provisions of [F3section [F755(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], [F755(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 of the extinguishment of their liability for the maintenance, [F8repair] or improvement of the bridge or the highway [F9, or as the case may be road,] carried thereby; but

(b)shall not be entitled to receive under [F3section [F10266(5) or 267(2) of the said Act of 1980] or the said section 7(3) or 8(2)][F10266(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 would be liable to pay under the provisions mentioned in that paragraph.

(2)None of the Boards mentioned in subsection (1) of this section 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.

[F11(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.

F11(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.]

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Amendments (Textual)

F1Words in s. 119(1) inserted (20.3.1996) by S.I. 1996/420, art. 5

F4Words “266" to “1984" substituted (S.) (1.1.1985) for words “266" to “1946" by virtue of Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 157(2), Sch. 9 para. 66(5)(a)

F6Words “267" to “1984" substituted (S.) (1.1.1985) for words “267" to “1949" by virtue of Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 157(2), Sch. 9 para. 66(5)(c)

F7Words “55(2)" to “81" substituted (S.) (1.1.1985) for words “55(2)" to “1949" by virtue of Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 157(2), Sch. 9 para. 66(5)(d)

F10Words “266(5)" to “aforesaid)" substituted (S.) (1.1.1985) for words “266(5)" to “8(2)" by virtue of Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 157(2), Sch. 9 para.66(5)(e)

F11S. 119(3)(4) inserted (20.3.1996) by S.I. 1996/420, art. 5

Modifications etc. (not altering text)

C2Ss. 116-119 applied (with modifications) (1.9.1993) by S.I. 1993/2154, art. 3(4)

Ss. 116-119 applied (with modifications) (16.5.2002) by S.I. 2002/1384, art. 3(4) (with arts. 10(2), 11)

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