Part VIII

Bridges, Level Crossings, etc.

Bridges

Transfer of responsibility for maintenance of highways on bridges over certain railways, inland waterways, etc.
116
1
Where a highway is carried by a bridge over one or more of the following, that is to say, a railway of the Railways Board, a railway of Transport for London , an inland waterway of the Waterways Board or any other installation or land used by any of those Boards in connection with a railway or inland waterway, and immediately before the appointed day—
a
the Board or Boards concerned are responsible for maintaining the highway carried by the bridge, or that highway together with the highway giving access to the bridge; and
b
the highway at each end—
i
of the bridge; or
ii
if the Board or Boards are also responsible for maintaining the highway giving access to the bridge, of the bridge and any such highway,
is a highway maintainable at the public expense,
the highway carried by the bridge, together with any such highway as is mentioned in paragraph (b)(ii) of this subsection, shall on that day become a highway maintainable at the public expense.
2
Any agreement between any of the Boards mentioned in subsection (1) of this section and a highway authority, so far as it provides for that authority to carry out after the appointed day, at the expense of the Board, any maintenance for which the Board cease to be responsible by virtue of that subsection, shall cease to have effect on that day.
3
Where by virtue of any agreement or order made before the appointed day—
a
a highway authority is responsible for maintaining the highway carried by or giving access to a bridge such as is mentioned in subsection (1) of this section; and
b
but for that agreement or order, any of the Boards mentioned in that subsection would by virtue thereof have ceased to be responsible for maintaining that highway on that day,
that Board shall not by virtue of that agreement or order be liable to make to that highway authority in respect of the maintenance of that highway any annual or other periodical payment (not being an instalment of a lump sum) which falls due after that day.
4
Where paragraphs (a) and (b) of subsection (1) of this section are not satisfied immediately before the appointed day in the case of any such bridge as is mentioned in that subsection, or such a bridge as aforesaid is constructed after that day, then, if those paragraphs are satisfied in the case of that bridge on any subsequent day, the highway carried by the bridge, together with any highway giving access to the bridge for the maintenance of which the Board or Boards concerned are also responsible, shall on that subsequent day become a highway maintainable at the public expense.
5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
6
This section shall not affect the responsibility of any of the Boards for the maintenance of any part of a bridge or its approaches other than the surface of the highway, and a highway authority—
a
shall not by virtue of this section be under any duty to make good, or incur any liability by reason of, any defect in the surface of the highway so far as attributable to the failure of any of the Boards to discharge that responsibility;
b
shall permit the Board or Boards concerned to carry out on or in relation to the surface of the highway any works reasonably required to be carried out by them for discharging that responsibility or for inspecting, maintaining or altering any apparatus of the Board or Boards incorporated in or attached to the bridge; and
c
shall not, without the consent of the Board or Boards concerned, increase to a significant extent the weight of the materials constituting the surface of the highway.
7
Nothing in this section shall affect any liability incurred by any of the Boards by reason of any act or omission in relation to any highway before the day on which they cease by virtue of this section to be responsible for its maintenance.
8
Subsection (9) applies if a network owner is, or but for this section would be, responsible for maintaining—
a
a highway carried by a new bridge over its railway or over any other installation or land used by the network owner in connection with its railway, or
b
that highway together with an access highway.
9
Where—
a
the highway at each end of the bridge; or
b
if the network owner 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.
10
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 31st March 1994.
11
Subsections (6) and (7) of this section shall have effect in relation to a network owner and any such bridge of the network owner as is mentioned in subsection (8) above as they have effect in relation to a Board.
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.

Transfer of responsibility for maintenance of highways on bridges over certain railways, inland waterways, etc.
116
1
Where a highway is carried by a bridge over one or more of the following, that is to say, a railway of the Railways Board, a railway of London Regional Transport, an inland waterway of the Waterways Board or any other installation or land used by any of those Boards in connection with a railway or inland waterway, and immediately before the appointed day—
a
the Board or Boards concerned are responsible for maintaining the highway carried by the bridge, or that highway together with the highway giving access to the bridge; and
b
the highway at each end—
i
of the bridge; or
ii
if the Board or Boards are also responsible for maintaining the highway giving access to the bridge, of the bridge and any such highway,
is a highway maintainable at the public expense,
the highway carried by the bridge, together with any such highway as is mentioned in paragraph (b)(ii) of this subsection, shall on that day become a highway maintainable at the public expense.
2
Any agreement between any of the Boards mentioned in subsection (1) of this section and a highway authority, so far as it provides for that authority to carry out after the appointed day, at the expense of the Board, any maintenance for which the Board cease to be responsible by virtue of that subsection, shall cease to have effect on that day.
3
Where by virtue of any agreement or order made before the appointed day—
a
a roads authority is responsible for maintaining the roadcarried by or giving access to a bridge such as is mentioned in subsection (1) of this section; and
b
but for that agreement or order, any of the Boards mentioned in that subsection would by virtue thereof have ceased to be responsible for maintaining that road on that day,
that Board shall not by virtue of that agreement or order be liable to make to that roads authority in respect of the maintenance of that road any annual or other periodical payment (not being an instalment of a lump sum) which falls due after that day.
4
Where paragraphs (
a
) and (
b
) of subsection (1) of this section are not satisfied immediately before the appointed day in the case of such bridge as is mentioned in that subsection, or such a bridge as aforesaid is constructed is constructed after that day, then if on any subsequent day—
a
the Board or Boards concerned are responsible for maintaining the road carried by the bridge, or that road together with the road giving access to the bridge (the “
access road
”); and
b
the road at each end—
i
of the bridge; or
ii
if the Board or Boards are also responsible for maintaining the access road, of the bridge and the access road,
the road (or roads) for which they are so responsible shall forthwith be entered by the local roads authority in the list of public roads kept by the authority under section 1 of the Roads (Scotland) Act
1984.
6
Without prejudice to the provisions of the said Act of 1984, This section shall not affect the responsibility of any of the Boards for the maintenance of any part of a bridge or its approaches other than the surface of the road, and a road authority—
a
shall not by virtue of this section be under any duty to make good, or incur any liability by reason of, any defect in the surface of the road so far as attributable to the failure of any of the Boards to discharge that responsibility;
b
shall permit the Board or Boards concerned to carry out on or in relation to the surface of the road any works reasonably required to be carried out by them for discharging that responsibility or for inspecting, maintaining or altering any apparatus of the Board or Boards incorporated in or attached to the bridge; and
c
shall not, without the consent of the Board or Boards concerned, increase to a significant extent the weight of the materials constituting the surface of the road.
7
Nothing in this section shall affect any liability incurred by any of the Boards by reason of any act or omission in relation to any road before the day on which they cease by virtue of this section to be responsible for its maintenance.
8
Subsection (9) applies if a network owner is, or but for this section would be, responsible for maintaining—
a
a highway carried by a new bridge over its railway or over any other installation or land used by the network owner in connection with its railway, or
b
that highway together with an access highway.
9
Where—
a
the highway at each end of the bridge; or
b
if the network owner 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.
10
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 31st March 1994.
11
Subsections (6) and (7) of this section shall have effect in relation to a network owner and any such bridge of the network owner as is mentioned in subsection (8) above as they have effect in relation to a Board.
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.
S. 116 amended by Transport (London) Act 1969 (c. 35), Sch. 3 para. 1(1)(2)
Ss. 116, 117 extended by Channel Tunnel Act 1987 (c. 53, SIF 102), ss. 6, 45, Sch. 2 para. 21(4)
Ss. 116-118 applied (with modifications) (21.5.1992) by S.I. 1992/1267, art. 7.
This version of this provision extends to Scotland only; a separate version has been created for England and Wales only.
Ss. 116-118 applied (with modifications) (22.6.1993) by S.I. 1993/1607, art. 9 (with arts. 8, 12(2), 13, 14)
Ss. 116-118 applied (with modifications) (29.6.1993) by S.I. 1993/1651, art. 3(4) (with arts. 6, 8, 9, 10(2))
Ss. 116-118 applied (with modidfications) (26.7.1994) by S.I. 1994/1803, art. 6
Ss. 116, 117 applied (with modifications) (18.12.1996) by 1996 c. 61, 3, Sch. 3 para. 13
Ss. 116-118 applied (with modifications) (4.5.1995) by S.I. 1995/1236, art. 3(5)
Ss. 116-118 applied (with modifications) (10.5.1995) by S.I. 1995/1300, art. 3(4)
Ss. 116-118 applied (with modifications) (21.9.1995) by S.I. 1995/2501, art. 8
Ss. 116-118 applied (with modifications) (16.10.1996) by S.I. 1996/2660, art. 4(7)
Ss. 116-118 applied (with modifications) (23.9.1997) by S.I. 1997/2262, art. 4(3)
Ss. 116-118 applied (with modifications) (9.10.1997) by S.I. 1997/2534, art. 7
Ss. 116-118 applied (with modifications) (21.7.1999) by S.I. 1999/2382, art. 4(2)
Ss. 116-118 applied (with modifications) (4.8.2000) by S.I. 2000/2585, art. 4(2)
Ss. 116-118 applied (with modifications) (12.8.2002) by S.I. 2002/1997, art. 9(1)
Ss. 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)
Words substituted by virtue of London Regional Transport Act 1984 (c. 32, SIF 126), Sch. 4 Pt. I para. 4(1)
Words in s. 116(3) substituted (S.) (1.1.1985) by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 157(2), Sch. 9 para. 66(2)(a)
S. 116(4) substituted (S.) for s. 116(4)(5) by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 157(2), Sch. 9 para. 66(2)(b)
1984 c. 54.
Words in s. 116(6) inserted (S.) (1.1.1985) by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 157(2), Sch. 9 para. 66(2)(c)(i)
Words in s. 116(6)(7) substituted (S.) (1.1.1985) by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 157(2), Sch. 9 para. 66(2)(c)(ii)
S. 116(8)-(11) inserted (20.3.1996) by S.I. 1996/420, art. 2, Sch. para. 2
S. 116 amended by Transport (London) Act 1969 (c. 35), Sch. 3 para. 1(1)(2)
Ss. 116, 117 extended by Channel Tunnel Act 1987 (c. 53, SIF 102), ss. 6, 45, Sch: 2 para. 21(4)
Ss. 116-118 applied (with modifications) (21.5.1992) by S.I. 1992/1267, art. 7.
This version of this provision extends to England and Wales only; a separate version has been created for Scotland only.
Ss. 116-118 applied (with modifications) (22.6.1993) by S.I. 1993/1607, art. 9 (with arts. 8, 12(2), 13, 14)
Ss. 116-118 applied (with modifications) (29.6.1993) by S.I. 1993/1651, art. 3(4) (with arts. 6, 8, 9, 10(2))
Ss. 116-118 applied (with modifications) (26.7.1994) by S.I. 1994/1803, art. 6
Ss. 116, 117 applied (with modifications) (18.12.1996) by 1996 c. 61, s. 3, Sch. 3 para. 13
Ss. 116-118 applied (with modifications) (4.5.1995) by S.I. 1995/1236, art. 3(5)
Ss. 116-118 applied (with modifications) (10.5.1995) by S.I. 1995/1300, art. 3(4)
Ss. 116-118 applied (with modificatios) (21.9.1995) by S.I. 1995/2501, art. 8
Ss. 116-118 applied (with modifications) (16.10.1996) by S.I. 1996/2660, art. 4(7)
Ss. 116-118 applied (with modifications) (23.9.1997) by S.I. 1997/2262, art. 4(3)
Ss. 116-118 applied (with modifications) (9.10.1997) by S.I. 1997/2534, art. 7
Ss. 116-118 applied (with modifications) (21.7.1999) by S.I. 1999/2382, art. 4(2)
Ss. 116-118 applied (with modifications) (4.8.2000) by S.I. 2000/2585, art. 4(2)
Ss. 116-118 applied (with modifications) (12.8.2002) by S.I. 2002/1997, art. 9(1)
Ss. 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)
S. 116(5) repealed (E.W.) by Local Government Act 1972 (c. 70), Sch. 30
S. 16(8)-(11) inserted (20.3.1996) by S.I. 1996/420, art. 2, Sch. para. 2
Ss. 116-119 modified (15.7.2003) by The Transport for London (Consequential Provisions) Order 2003 (S.I. 2003/1615), art. 1(1), Sch. 1 para. 4(4)
Words in ss. 116-119 substituted (15.7.2003) by The Transport for London (Consequential Provisions) Order 2003 (S.I. 2003/1615), art. 1(1), Sch. 1 para. 4(2)
Ss. 116-118 applied (with modifications) (3.8.2004) by The Eden Valley Railway Order 2004 (S.I. 2004/1817), arts. 1, 3(2)
Ss. 116-118 applied (with modifications) (30.11.2007) by The East Kent Railway Order 2007 (S.I. 2007/3234), arts. 1, 4(2)
S. 116 applied (with modifications) (22.7.2008) by Crossrail Act 2008 (c. 18), Sch. 3 para. 13
Word in s. 116 heading substituted (2.7.2012) by The British Waterways Board (Transfer of Functions) Order 2012 (S.I. 2012/1659), art. 1(2), Sch. 2 para. 46(2) (with arts. 4-6)
S. 116(12)-(15) inserted (2.7.2012) by The British Waterways Board (Transfer of Functions) Order 2012 (S.I. 2012/1659), art. 1(2), Sch. 2 para. 46(3) (with arts. 4-6)
Ss. 116-118 applied (16.8.2012) by The Nene Valley Railway (Fletton Branch) Order 2012 (S.I. 2012/1993), arts. 1(1), 3(3) (with art. 4)
Ss. 116-118 applied (with modifications) (26.6.2014) by The Swanage Railway Order 2014 (S.I. 2014/1604), arts. 1(1), 3(2) (with art. 5)
Ss. 116-118 applied (with modifications) (28.9.2015) by The Ecclesbourne Valley Railway Order 2015 (S.I. 2015/1652), arts. 1, 4(1)(c) (with art. 6(5))
S. 116 modified (23.2.2017) by High Speed Rail (London - West Midlands) Act 2017 (c. 7), s. 70(1), Sch. 4 para. 18
S. 116 applied (5.11.2020) by The Wear Valley Railway (Transfer) Order 2020 (S.I. 2020/1137), arts. 1, 9(1) (with arts. 6(2), 9(2))
S. 116 modified (11.2.2021) by High Speed Rail (West Midlands - Crewe) Act 2021 (c. 2), s. 64(1), Sch. 4 para. 21