Transport (Scotland) Act 2001

Bridges

69 Joint boards for management, maintenance etc. of certain bridges

(1) Where—

(a) a body other than a roads authority is under any enactment responsible for the management and maintenance of a bridge constructed in pursuance of powers conferred by, or by an order made under or confirmed by, any enactment (any such body being referred to in this section as a “relevant body”); and

(b) the functions of the relevant body relate solely to such a bridge,

the Scottish Ministers may by order dissolve the relevant body.

(2) An order under this section may—

(a) transfer to a joint board comprised of such local authorities as may be specified in the order (such authorities being referred to in this section as the “constituent authorities”) such property, rights and liabilities of the relevant body to which the order relates as may be so specified;

(b) confer on such a joint board such functions in connection with the bridge as may be specified in the order;

(c) delegate to such a joint board such functions, relating to transport across the river spanned by the bridge, of the constituent authorities as may be specified in the order;

(d) make provision in connection with the transfer of staff employed by or for the purposes of such body;

(e) without prejudice to the generality of paragraph (d) above, make provision regarding liability for the payment of any pensions, allowances or gratuities which would otherwise have been the responsibility of such body; and

(f) make such provision amending, repealing or revoking enactments as appears to the Scottish Ministers to be necessary or expedient.

(3) A joint board constituted by order under this section—

(a) shall be deemed for all purposes to be a joint board within the meaning of the Local Government (Scotland) Act 1973 (c. 65) constituted under that Act; and

(b) shall be deemed for the purposes of Part 3 of this Act to be a local traffic authority in relation to any road carried by the bridge.

(4) For the purposes of this section—

• “enactment” includes a local and personal or private Act;

• “river” includes estuary; and

• “roads authority” has the meaning given by section 151(1) of the Roads (Scotland) Act 1984 (c. 54).