SCHEDULE 2Amendments to Transport Act 1962 and Transport Act 1968

Transport Act 1968I2I146

1

Section 11678 (transfer of responsibility for maintenance etc) is amended as follows.

2

In the heading, for “Boards’” substitute “certain”.

3

After subsection (11), insert—

12

Subsection (13) applies if Canal & River Trust is, or but for this section would be, responsible for maintaining—

a

a highway carried by a new bridge over an inland waterway comprised in its undertaking or over any other installation or land used by Canal & River Trust in connection with such an inland waterway, or

b

that highway together with an access highway.

13

Where—

a

the highway at each end of the bridge; or

b

if Canal & River Trust is also responsible for maintaining any access highway, the highway at each end of the bridge and any access highway,

is a highway maintainable at the public expense, the highway carried by the bridge, together with any access highway, shall be a highway maintainable at the public expense.

14

In this section—

a

“access highway”, in relation to a bridge, means a highway giving access to the bridge; and

b

“new bridge” means a bridge constructed after the coming into force of the British Waterways Board (Transfer of Functions) Order 2012 (S.I. 2012/1659).

15

Subsections (6) and (7) of this section shall have effect in relation to Canal & River Trust and any such bridge of Canal & River Trust as is mentioned in subsection (12) above as they have effect in relation to a Board.