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Part VIIIE+W+S Bridges, Level Crossings, etc.

BridgesE+W+S

119 Ending of liability F1... to make payments on being relieved of responsibility for bridges carrying trunk or special roads. E+W+S

(1)Where after the appointed day any [F2network bridge or] bridge belonging to the Railways Board, [F3Transport for London] [F4, the Waterways Board or Canal & River Trust] is transferred to the Minister or the Secretary of State under [F5section [F6266 of the M1Highways Act 1980] or section 7 of the M2Trunk Roads Act 1946 [F6266 of the M3Highways Act 1980 or section 80 of the Roads (Scotland) Act 1984]] (bridges carrying highways [F7, or as the case may be roads] which become trunk roads) or to a special road authority by an order made by virtue of [F5section [F8267 of the said Act of 1980] or section 8 of the M4Special Roads Act 1949][F8267 of the said Act of 1980 or section 81 of the said Act of 1984] (bridges carrying highways [F7, or as the case may be roads,] which are included in special road schemes), the Board [F9or, as the case may be, Canal & River Trust]

(a)shall not be liable under the provisions of [F5section [F1055(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], [F1055(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 [F9or, as the case may be, Canal & River Trust] of the extinguishment of their liability for the maintenance, [F11repair] or improvement of the bridge or the highway [F12, or as the case may be road,] carried thereby; but

(b)shall not be entitled to receive under [F5section [F13266(5) or 267(2) of the said Act of 1980] or the said section 7(3) or 8(2)][F13266(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 [F9or, 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 [F14or 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.

[F15(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.

F15(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.]

Textual Amendments

F2Words in s. 119(1) inserted (20.3.1996) by S.I. 1996/420, art. 5

F6Words “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)

F8Words “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)

F10Words “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)

F13Words “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)

F15S. 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)

Marginal Citations