Railway and Canal Traffic Act 1888

16 Power to apportion expenses between railway company and applicants for works.U.K.

(1)Where the Board of Trade . . . F1 in the exercise of any power given by any general or special Act, on application order a company to which this part of this Act applies, to provide a bridge, subway, or approach, or any work of a similar character, the Board of Trade . . . F1, may require as a condition of making the order that an agreement to pay the whole or a portion of the expenses of complying with the order shall be entered into by the applicants or some of them, or such other persons as the Board of Trade . . . F1 think fit, and any of the following local authorities, namely, any sanitary authority, [F2any local highway authority][F3or local roads authority (within the meaning of the Roads (Scotland) Act 1984)], or any other authority having power to levy rates, shall have power, if such authority think fit, to enter into any such agreement as is sanctioned by the Board of Trade . . . F1 for the purpose of the order.

(2)In such case any question respecting the persons by whom or the proportions in which the expenses of complying with the order are to be defrayed may, on the application of any party to the application, or on a certificate of the Board of Trade, be determined by the Commissioners.

(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4

Textual Amendments

F2Words substituted (E.W.) by Highways Act 1959 (c. 25), Sch. 22

Modifications etc. (not altering text)

C1Functions of Commissioners under s. 16(2) now exercisable by (E.W.) High Court and (S.) Court of Session: Transport Act 1947 (c. 49), s. 75, Sch. 11 and Transport Act 1962 (c. 46), s. 57(8)(10)