Transport Act 1968

• (5) Section 17 of the Regulation of Railways Act 1873 (which requires the Board to maintain certain inland waterways) shall cease to apply to any inland waterway which on the date on which this section comes into force is comprised in the undertaking of the Board; and any local enactment passed with respect to any such inland waterway, so far as that enactment—

• (a) confers any public or private right of navigation over the waterway; or

• (b) imposes any duty to maintain that waterway for the purpose of navigation (including any duty to supply, or maintain a supply of, water for the waterway for that purpose),

shall cease to have effect.

• (6) If the Board or Canal & River Trust acquire any inland waterway after the date on which this section comes into force any local enactment passed with respect thereto shall, so far as it confers or imposes any such right or duty as is mentioned in paragraph (a) or (b) of subsection (5) of this section, cease to have effect on the date on which the waterway is so acquired.

• (7) Any person who suffers loss by reason of the extinguishment by virtue of subsection (5) or (6) of this section of any private right shall be entitled to be paid by the Board or, as the case may be, Canal & River Trust compensation to be determined, in case of dispute, by the appropriate tribunal; and the tribunal shall, in determining the compensation, take into account any contractual right offered by the Board or, as the case may be, Canal & River Trust in substitution for the right which is extinguished.

• (8) Where by virtue of subsection (5) of this section a statutory right of navigation ceases to be exercisable as respects a waterway of which the Waterways Board or, as the case may be, Canal & River Trust are not the owner, the Board or, as the case may be, Canal & River Trustshall have power to authorise any use of the waterway which would have been authorised by that statutory right.

Enforcement of maintenance duty

106

• (1) If, on an application by any person under this section to the Court of Session, the court determines that there has been, in respect of any waterway, a serious and persistent failure by the Waterways Board to discharge the duty imposed on them by—

• (a) section 105(1), or

• (b) an order made under section 105(3A),

the court may, subject to the provisions of this section, require the Board to remedy that failure; but, save as aforesaid, neither subsection (1) of section 105 nor any order under subsection (3A) of that section shall be construed as imposing any duty or liability enforceable by proceedings before any court to which the Board would not otherwise be subject.

• (2) The fact that proceedings on an application under subsection (1) (referred to in this section as “enforcement proceedings”) are in progress in respect of any waterway or any part of a waterway, or that the court has in any such proceedings imposed any requirement on the Board, shall not prevent the Scottish Ministers from making an order in respect of that waterway or part under section 104(3) or 105(3A); but—

• (a) except as provided in subsection (3) of this section, where such an order is made while enforcement proceedings are in progress, the court shall nevertheless determine those proceedings on the basis of the duty of the Board as it stood when the proceedings were instituted; and

• (b) the making of such an order shall in no case absolve the Board from complying with any requirement which is imposed by the court in any enforcement proceedings.

• (3) If a relevant order is pending at the time when enforcement proceedings are instituted, or if, at any time after enforcement proceedings have been instituted and before the court has imposed any requirement on the Board in the proceedings, the Scottish Ministers notify the Board that they are considering the making of a relevant order and give the court such a certificate as is mentioned in subsection (4)—

• (a) the court shall not, so long as the order is pending, impose any requirement on the Board in those proceedings; and

• (b) if the order is made, the court shall, in determining in those proceedings whether there has been a failure by the Board to discharge their duty, have regard only to the duty (if any) to which the Board are subject in consequence of the making of the order.

• (4) The certificate referred to in subsection (3) is a certificate in writing to the effect that it appears to the Scottish Ministers that the imposition of any requirement on the Board on the basis of their existing duty would result in their incurring substantial expense and that, having regard to their financial position and their duty under section 18 of the Act of 1962 and section 41 of this Act, it would be unreasonable for them to bear that expense without a grant or further grant under section 43 of this Act.

• (5) In subsection (3) “relevant order” means, in relation to any enforcement proceedings, an order under section 104(3) or 105(3A) of this Act in relation to the waterway or part of a waterway which is the subject of the proceedings; and for the purposes of that subsection an order is pending during the period of three months beginning with the day on which the Scottish Ministers notify the Board that they are considering the making of the order and, if before the expiration of that period notice of the proposed order is published under Schedule 13 to this Act, during any further period until the order is made or the Scottish Ministers notify the Board that it will not be made.

• (6) As soon as may be after giving the Board any such notification as is mentioned in subsection (5), the Scottish Ministers shall give notice of that notification in the Edinburgh Gazette.

• (7) For the purposes of this section enforcement proceedings shall be treated as instituted at the time when the summons beginning the proceedings is served on the Board.

Amendments as to general duties of Board

107

• (1) The duty of the Waterways Board under subsection (1) of section 10 of the Act of 1962 to provide services and facilities on the inland waterways owned or managed by them shall extend only to the commercial waterways and cruising waterways.

• (2) It shall be the duty of the Board—

• (a) to secure that each of the inland waterways comprised in their undertaking which is not a commercial waterway or cruising waterway is dealt with in the most economical manner possible (consistent, in the case of a waterway which is retained, with the requirements of public health and the preservation of amenity and safety), whether by retaining and managing the waterway, by developing or eliminating it, or by disposing of it; and

• (b) to secure that the best possible financial return is obtained from any asset of the Board which is not an inland waterway or harbour and is not required in connection with the provision of services and facilities by the Board, whether by exploiting it, by developing it, or by disposing of it.

• (3) Subsection (4) of the said section 10 (which provides that the duties of the Board under that section are not to be legally enforceable) shall apply also to the duty imposed on the Board by subsection (2) of this section.

• (4)

Prevention of nuisance as respects certain waterways

108

• (1) Subject to subsection (3) of this section, any inland waterway in England or Wales comprised in the undertaking of Canal & River Trust which is not a commercial waterway or cruising waterway shall be deemed to be—

• (a) a watercourse for the purposes of section 259 of the Public Health Act 1936; and

• (b) land to which section 215 of the Town and Country Planning Act 1990 applies;

and the provisions of Part III of the Environmental Protection Act 1990, as they apply by virtue of this subsection, may be enforced by a county council as well as by a local authority as defined in that Act, and any local authority within the meaning of the said Act of 1990 (and not only the local planning authority) shall be entitled to enforce the provisions of the said section 215 as it applies by virtue of this subsection.

• (2) Subject to subsection (3) of this section, any inland waterway in Scotland comprised in the undertaking of the Board which is not a commercial waterway or cruising waterway shall be deemed to be—

• (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (b) land to which section 179 of the Town and Country Planning (Scotland) Act 1997 applies;

and any local authority within the meaning of the said Act of 1997 (and not only the local planning authority) shall be entitled to enforce the provisions of the said section 179 as it applies by virtue of this subsection.

• (3) This section shall not apply to any waterway which has been closed to navigation under any local enactment before the date on which this section comes into force if the use of the waterway has been changed between the passing of that enactment and that date in pursuance of planning permission granted under Part III of the Town and Country Planning Act 1962 or Part II of the Town and Country Planning (Scotland) Act 1947; and and this section shall cease to apply to any waterway if the use thereof is changed after that date in pursuance of such permission as aforesaid.

• (4) This section shall have effect to the exclusion of any provision for similar purposes in any local enactment passed before the date on which this section comes into force in relation to any waterway to which this section applies.

Power of certain bodies to maintain or take over waterways and connected works

109

• (1) Without prejudice to their powers apart from this section, but subject to subsection (3) of this section, the Waterways Board shall have power—

• (a) to enter into an agreement with any body to which this section applies for the maintenance by that body of any inland waterway comprised in the undertaking of the Board which is not a commercial waterway or cruising waterway, or of any part of, or of any works connected with, any such waterway;

• (b) by agreement with any such body, to transfer to it any such waterway, part of a waterway or works as aforesaid belonging to the Board, together with any powers or obligations (whether statutory or otherwise) of the Board in respect thereof;

and any body to which this section applies shall have all such powers as are required to enable it to enter into and carry out any such agreement as aforesaid or as are required to be exercised by it in consequence of any such transfer as is mentioned in this subsection.

• (2) The bodies to which this section applies are as follows—

• (a) a local authority;

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (d) a public gas supplier within the meaning of Part I of the Gas Act 1986;

• (e) a public electricity supplier within the meaning of Part I of the Electricity Act 1989;

• (h) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (j) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (k) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

and, as respects any particular agreement or transfer, any other body having public or charitable objects which is certified by the Scottish Ministers as a body appearing to them to be capable of discharing the responsibilities falling on the body in consequence of that agreement or transfer.

• (3) Subject to subsection (5) of this section, no such agreement or transfer as is mentioned in subsection (1) of this section shall be made with or to—

• (a) any local authority unless what is to be maintained or transferred—

• (i) is situated in the area of the authority; or

• (ii) though not situated in that area, is so situated that persons residing in that area have convenient access to it;

• (b) Scottish Water unless the Scottish Ministers have consented to the agreement or transfer;

and the powers under this section of Scottish Water shall be exercisable only for the purposes of their water undertaking and with the consent of the Scottish Ministers.

• (4) Any agreement under this section whereby a waterway or part of a waterway is to be maintained by, or transferred to, a body to which this section applies may include provision for securing that the body in question makes the waterway or part available for public use.

• (5) The Board may make an agreement for maintenance or transfer under this section with two or more bodies jointly on such terms as to the sharing of expenses between those bodies and otherwise as those bodies may agree; and, notwithstanding subsection (3)(a)(i) of this section (but without prejudice to subsection (3)(a)(ii) of this section), a local authority may be a party to such an agreement if part of what is to be maintained or transferred is situated in their area and the remainder in the area or areas of one or more other authorities (whether or not local authorities) who are also parties to the agreement.

The Inland Waterways Amenity Advisory Council

110

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Access agreements and orders as respects canals other than commercial waterways and cruising waterways

111

Subsections (2) and (3) of section 16 of the Countryside Act 1968 (which enable access agreements and access orders to be made under Part V of the National Parks and Access to the Countryside Act 1949 in respect of canals and of certain land held therewith) shall apply as respects, and as respects land held with, any canal or part of a canal owned or managed by Canal & River Trust which is not for the time being a commercial waterway or a cruising waterway; and accordingly in subsection (6)(c) of that section (which prevents the said subsections (2) and (3) from applying where the canal or part of a canal is owned or managed by the Board) there shall be added at the end the words “ which is for the time being a commercial waterway of a cruising waterway within the meaning of section 104 of the Transport Act 1968 ”.

Other inland waterway provisions

Power to extinguish statutory rights and obligations in respect of canals not comprised in undertaking of Board

112

• (1) In the case of any canal which is not comprised in the undertaking of the Waterways Board or Canal & River Trust, the Minister, or, in the case of a canal in Scotland, the Scottish Ministers, may by order direct all or any of the following, that is to say—

• (a) that any local enactment passed with respect to that canal shall cease to have effect so far as it confers any public or private right of navigation over that canal;

• (b) that any such enactment shall cease to have effect so far as it imposes any duty to maintain that canal for the purpose of navigation (including any duty to supply, or maintain a supply of, water for the canal for that purpose);

• (c) that section 17 of the Regulation of Railways Act 1873 if applicable to that canal, shall cease to apply to it.

• (2) An order under this section in respect of any canal may be made on the application of the person who owns or manages the canal, on the application of any local authority or water Scottish Water or any local authority in whosethe National Rivers Authority or any local authority in whose area the canal is situated, or without any application being made.

• (3) An order under this section in respect of any canal—

• (a) shall specify the person, whether the person who owns or manages the canal, a local authority, a water authority Scottish Water or thelocal authority, the National Rivers Authority or the authority making the order , by whom any such compensation as is mentioned in subsection (4) of this section is to be paid;

• (b) may confer on a person specified in the order power to authorise any use of the canal which would have been authorised by a statutory right of navigation which by virtue of the order ceases to be exercisable as respects the canal;

• (c) may make provision, in relation to the canal or any works connected therewith, for purposes corresponding to those of section 109 of this Act; and

• (d) may include such incidental or supplementary provisions as the authority making the order thinks fit, including provisions for applying section 259 of the Public Health Act 1936 and section 215 of the Town and Country Planning Act 1990, or, as the case may be, ... section 179 of the Town and Country Planning (Scotland) Act 1997 to the canal.

• (4) Any person who suffers loss by reason of the extinguishment by virtue of an order under this section of any private right shall be entitled to be paid by the person specified in that behalf in the order compensation to be determined, in case of dispute, by the appropriate tribunal; and the tribunal shall, in determining the compensation, take into account any contractual right offered by the person who owns or manages the canal in substitution for the right which is extinguished.

• (5) Schedule 13 to this Act shall have effect in relation to the making of any order under this section, and any such order shall , in the case of an order made by the Minister, be subject to annulment in pursuance of a resolution of either House of Parliament, and in the case of an order made by the Scottish Ministers, is subject to the negative procedure.

• (6) In this section “canal” includes any navigation which has been made under, or in respect of which tolls may be levied by virtue of, any enactment, and references to a canal include references to part of a canal.

• (6A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (7)

Byelaws in respect of waterways owned or managed by certain bodies

113

• (1) The Minister may, on the application of any qualified body which owns or manages an inland waterway and after consultation with the relevant authority, by order confer on that body power to make byelaws in relation to that waterway for such purposes as may be specified in the order.

• (2) Byelaws made by virtue of an order under this section shall not have effect until confirmed by the Minister, and before applying to the Minister for the confirmation of any byelaws the body concerned shall take such steps as may be specified in the order for securing that persons affected by the byelaws have an opportunity of making representations thereon to the Minister.

• (3) If any person contravenes, or fails to comply with, any byelaws made by virtue of an order under this section he shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 1 on the standard scale, and if the contravention or failure to comply is continued after the conviction, he shall be guilty of a further offence and liable on summary conviction to a fine not exceeding £5 for each day on which it is so continued.

• (4) An order under this section may contain such supplementary provisions as the Minister thinks necessary or expedient.

• (5) In this section—

• “qualified body” means any navigation authority as defined in section 135(1) of the Water Resources Act 1963, a body mentioned in any of the paragraphs of section 109(2) of this Act ... and any other body having public or charitable objects;

• “relevant authority”, in relation to any order, means any local authority or water authority (except any such authority which is itself the applicant for the order) , except where applying for the order, Scottish Water or any local authority means, except in a case where it is itself the applicant for the order, the National Rivers Authority or any local authority in whose area the waterway in question is wholly or partly situated.

• (6) Section 40 of the Railway and Canal Traffic Act 1888 (which makes provision as to the byelaws of canal companies) shall not apply to byelaws made by virtue of an order under this section.

Power of local authorities to assist in maintaining waterways for amenity purposes

114

Without prejudice to section 109 of this Act, a local authority may assist any other person (whether financially, by the provision of services or facilities, or otherwise) in maintaining or improving for amenity or recreational purposes, including fishing—

• (a) any inland waterway situated wholly or partly in the area of the authority; and

• (b) any other inland waterway which is so situated that it can conveniently be used for those purposes by persons residing in the area of the authority.

Supplementary

Interpretation of Part VII

115

• (1) In sections 105 and 112 of this Act—

• (a) references to any right of navigation over a waterway or canal include references to any right to use or keep any vessel or craft on the waterway or canal;

• (b) “the appropriate tribunal” means, as respects England and Wales, the Upper and, as respect Scotland, the Lands Tribunal for Scotland or, until sections 1 to 3 of the Lands Tribunal Act 1949 come into force as regards Scotland, an official arbiter appointed under Part I of the Land Compensation (Scotland) Act 1963;

and sections 3 and 5 of the said Act of 1963 shall apply, subject to any necessary modifications, in relation to the determination of any question under either of those sections by an arbiter so appointed.

• (2) Nothing in section 105 or in any order under section 112 of this Act shall be construed as abrogating any rights of navigation which subsist otherwise than by virtue of the enactments referred to in subsections (5) and (6) of the said section 105 or subsection (1) of the said section 112; and in those subsections references to rights conferred by an enactment do not include references to rights which are merely confirmed by it and which, if that enactment had not been passed, would subsist otherwise than by virtue of any such enactments as aforesaid.

• (3) In sections 109, 112, 113 and 114 of this Act, “local authority” means—

• (a) as respects England and Wales, the council of a county, ... district or London borough, ... and the Common Council of the City of London;

• (b) . . . . . . . . . . . . . . . . .

• (4) . . . . . . . . . . . . . . . . . . . . .

Part VIII — Bridges, Level Crossings, etc.

Bridges

Transfer of responsibility for maintenance of highways on bridges over Boards' 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.

Duty of Boards as respects bridges carrying highways

117

• (1) This section applies to any bridge which—

• (a) carries a highway 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

• (b) belongs to the Board or Boards whose railway, waterway, installation or land is crossed by the bridge.

• (1A) This section also applies to a bridge (whenever constructed) which—

• (a) carries a highway over—

• (i) a railway comprised in a transferred network or a new network of a network owner, or

• (ii) any other installation or land used by a network owner in connection with a railway or network comprised in a transferred network or a new network of that network owner, and

• (b) belongs to the network owner whose railway, installation or land is crossed by the bridge,

and in relation to any such bridge references in this section to each of the Boards or a Board are, subject to subsection (1B) of this section, to be read as references to the network owner.

• (1B) Subsection (7) applies in relation to a bridge constructed by or belonging to a network owner and one or more of the Boards mentioned in subsection (1) of this section as it applies in relation to a bridge constructed by or belonging to any two or more Boards.

• (1C) This section also applies to a bridge (whenever constructed) which —

• (a) carries a highway over an inland waterway of Canal & River Trust or any other installation or land used by Canal & River Trust in connection with an inland waterway, and

• (b) belongs to Canal & River Trust,

and in relation to any such bridge references in this section to each of the Boards or a Board are, subject to subsection (1D), to be read as references to Canal & River Trust.

• (1D) Subsection (7) applies in relation to a bridge constructed by or belonging to—

• (a) Canal & River Trust and one or more of the Boards mentioned in subsection (1) of this section;

• (b) Canal & River Trust and a network owner; or

• (c) Canal & River Trust, one or more of the Boards mentioned in subsection (1) of this section and a network owner,

as it applies in relation to a bridge constructed by or belonging to any two or more Boards.

• (1E) This section also applies to a bridge (whenever constructed) which—

• (a) carries a highway over a railway of the Secretary of State, or any other installation or land used by the Secretary of State in connection with a railway, and

• (b) belongs to the Secretary of State;

and in relation to any such bridge references in this section to each of the Boards or a Board are, subject to subsection (1F), to be read as references to the Secretary of State.

• (1F) Subsection (7) applies in relation to a bridge constructed by or belonging to—

• (a) the Secretary of State and one or more of the Boards mentioned in subsection (1) of this section;

• (b) the Secretary of State and a network owner;

• (c) the Secretary of State and Canal & River Trust; or

• (d) the Secretary of State and one or more of the Boards mentioned in subsection (1) of this section, a network owner and Canal & River Trust;

as it applies in relation to a bridge constructed by or belonging to any two or more Boards.

• (2) It shall be the duty of each of the Boards mentioned in subsection (1) of this section—

• (a) in constructing a bridge which, on completion, will belong to the Board and be a bridge to which this section applies, or in reconstructing a bridge which belongs to the Board and to which this section applies, to secure that it has the required load-bearing capacity;

• (b) to maintain and, if necessary, to improve or strengthen any bridge which belongs to the Board and to which this section applies so that it has the required load-bearing capacity, and, if at any time it is not reasonably practicable to secure that it has that capacity by means of maintenance, improvement or strengthening, to reconstruct the bridge or to replace it by a new bridge.

• (3) For the purposes of subsection (2) of this section a bridge has the required load-bearing capacity—

• (a) in the case of a bridge in relation to which load-bearing standards are prescribed by an order made by the appropriate Minister, if it complies with those standards; and

• (b) in the case of any other bridge, if it is such as to be capable of bearing the weight of the traffic which ordinarily uses, or may reasonably be expected to use, the highway carried by the bridge on or about the day on which this section comes into force in relation to bridges of the Board concerned or, if the bridge is constructed subsequently, when it is opened for traffic.

• (4) An order made for the purposes of subsection (3)(a) of this section—

• (a) may prescribe standards for a particular bridge or for any class or description of bridges;

• (b) may, in prescribing standards for a particular bridge or for any class or description of bridges, at the same time prescribe different standards for any bridge or bridges resulting from the reconstruction or replacement of that bridge or of any of those bridges;

• (c) may prescribe standards by reference to any document published by the British Standards Institution, any government department or any other body or authority, and provide that where standards are prescribed as aforesaid any question as to the requirements to be fulfilled by a particular bridge in order to comply with those standards shall be determined, in case of dispute, by a certificate of the appropriate Minister;

• (d) shall not, so long as a bridge is not reconstructed or replaced, be such as to require the bridge to comply with standards higher than those prescribed in relation thereto by a previous order under this section.

• (5) For the purposes of subsection (3)(b) of this section, no account shall be taken of any traffic which cannot use the highway carried by the bridge in question without infringing a prohibition for the time being in force under section 1, 6, or 14 of the Road Traffic Regulation Act 1984.

• (6) The requirements of this section shall be in addition to, and, so far as inconsistent therewith, shall prevail over, any requirements applicable to the bridge in question under section 46, 50, 51, 52, or 66 of the Railways Clauses Consolidation Act 1845, section 39, 43, 44, 45, or 58 of the Railways Clauses Consolidation (Scotland) Act 1845 or under any similar enactment.

• (7) In subsection (2) of this section references to a bridge being constructed by or belonging to a Board include references to its being constructed by or belonging to any two or more of the Boards mentioned in subsection (1) of this section, and in any such case the duties imposed by the said subsection (2) shall be duties of both or all of those Boards.

• (8) In this section “the appropriate Minister” means, as respects bridges in England, the Minister ,as respects bridges in Scotland, the Scottish Ministers and as respects bridges in . . . Wales, the Secretary of State.

Duty of highway authorities, etc., as respects bridges over Boards' railways or inland waterways

118

• (1) This section applies to any bridge, including a bridge constructed after the day on which this section comes into force, which—

• (a) carries a highway over one or more of the following, that is to say, a railway of the Railways Board, a railway of Transport for London or an inland waterway of the Waterways Board; and

• (b) belongs to the Minister, the Secretary of State, a local highway authority or some other person not being the Board or Boards whose railway or waterway is crossed by the bridge.

• (1A) This section also applies to any bridge (whenever constructed) which—

• (a) carries a highway over a railway comprised in a transferred network or a new network of a network owner, but

• (b) does not belong to the network owner,

and in relation to any such bridge references in this section to any of the said Boards or a Board are to be read as references to the network owner.

• (1B) This section also applies to any bridge (whenever constructed) which —

• (a) carries a highway over an inland waterway of Canal & River Trust, but

• (b) does not belong to Canal & River Trust,

and in relation to any such bridge references in this section to any of the said Boards or a Board are to be read as references to Canal & River Trust.

• (1C) This section also applies to any bridge (whenever constructed) which—

• (a) carries a highway over a railway of the Secretary of State, but

• (b) does not belong to the Secretary of State,

and in relation to any such bridge references in this section to any of the said Boards or a Board are to be read as references to the Secretary of State.

• (2) Subject to subsections (4) and (5) of this section, it shall be the duty of the person to whom a bridge to which this section applies belongs (in this section referred to as “the owner”) to maintain it in such a condition that it is not a source of danger to, and does not interfere with, or require any restriction to be placed on, the traffic from time to time using the railway or inland waterway crossed by the bridge.

• (3) Any of the said Boards whose railway or inland waterway is crossed by a bridge to which this section applies (in this section referred to as “the relevant Board”) shall be entitled at all reasonable times to inspect and survey that bridge and for that purpose to place on or against it such apparatus as may be reasonably required; and subject to subsection (5) of this section, the Board may—

• (a) at any time serve on the owner a notice requiring him to carry out, within such reasonable time as may be specified in the notice, any works so specified which are required to maintain the bridge in, or to restore it to, the condition mentioned in subsection (2) of this section; and

• (b) if all or any of those works are not satisfactorily carried out by the owner in accordance with the notice, themselves carry out all or any of those works and recover the reasonable expenses of so doing from the owner;

and, if, in the opinion of the Board, it is necessary so to do by reason of the urgency of the matter, the Board may, without giving any such notice, themselves carry out any works which are required as aforesaid and, subject to subsection (5) of this section, recover the reasonable expenses of so doing from the owner.

• (4) The relevant Board shall afford to the owner of a bridge to which this section applies such access to land occupied by them as he may reasonably require for maintaining the bridge in, or restoring it to, the condition mentioned in subsection (2) of this section, except that the Board shall not be obliged to afford access for any works the carrying out of which would, in the opinion of the Board, involve danger to or interference with, or require any restriction to be placed on, traffic using the railway or inland waterway crossed by the bridge, and where the Board refuse access as aforesaid—

• (a) the owner of the bridge shall not by virtue of subsection (2) of this section be under any duty to carry out those works; but

• (b) the Board may themselves carry out those works and, subject to subsection (5) of this section, recover the reasonable expenses of so doing from the owner.

• (5) The owner of a bridge shall not by virtue of the foregoing provisions of this section be under any duty to carry out or pay for works for making good any defect—

• (a) caused by the withdrawal of support from land in connection with the working or getting of minerals or with brine pumping; or

• (b) for which the relevant Board are themselves responsible;

but nothing in this subsection shall affect any agreement between the owner of the bridge and the relevant Board and, subject to any such agreement, the relevant Board shall be entitled to carry out any works which are required to make good any such defect as aforesaid.

• (6) The owner of any bridge to which this section applies shall afford to the relevant Board such access to land occupied by him as they may reasonably require for exercising their powers under this section; but the Board shall not claim such access as of right unless they have given the owner not less than seven days previous notice in writing stating the purpose of the proposed entry, except that they shall not be obliged to give such a notice if, in their opinion, it is impracticable to do so by reason of the urgency of the matter, in which case they shall take such steps as are reasonably practicable (before or after they enter the land) for informing the owner of the purpose of the entry.

• (7) Where, in exercising their powers under this section in relation to any bridge, a Board cause damage to the bridge or to any land occupied by the owner of the bridge, they shall pay to the owner such compensation as may be just.

• (8) The duty imposed by subsection (2) of this section on the owner of a bridge shall be in addition to any duty of the owner to maintain the bridge which arises under any other enactment or any order or agreement passed or made before the day on which this section comes into force or the date on which the bridge became a bridge to which this section applies, as the case may be; and, if under any such enactment, order or agreement there are subsisting as between the owner and the relevant Board any rights or liabilities as respects the making of payments in connection with the maintenance of the bridge, those rights and liabilities may be abrogated or modified by agreement between them or, in default of agreement, on the application of either of them, by arbitration.

• (9) Any dispute arising out of this section between the owner of a bridge and a Board shall be referred to arbitration, but this subsection—

• (a) shall be without prejudice to any provision of this section whereby any matter is to be determined by the opinion of a Board; and

• (b) shall not preclude the carrying out by a Board of any works pending the determination of any arbitration proceedings.

• (10) The provisions of this section shall have effect in relation to any bridge subject to any agreement made between the owner of the bridge and the relevant Board after the date on which those provisions became applicable to the bridge.

• (11) Where any cable, pipe or other apparatus is incorporated in or attached to a bridge to which this section applies, then—

• (a) if the apparatus belongs to the owner of the bridge, it shall be treated for the purposes of this section as forming part of the bridge; and

• (b) if the apparatus belongs to some other person, the provisions of subsections (2) to (10) of this section shall have effect in relation to the apparatus and to that person as they have effect in relation to a bridge to which this section applies and to the owner of such a bridge;

but none of the said Boards shall by virtue of this subsection interfere with the use of any such apparatus for providing any supply or service if the apparatus is so used by its owner under statutory powers and he has not consented to that interference.

• (12) Nothing in this section shall be taken as authorising any person to interfere with traffic lawfully using any bridge . . ..

Ending of liability of Boards to make payments on being relieved of responsibility for bridges carrying trunk or special roads

119

• (1) Where after the appointed day any network bridge or bridge belonging to the Railways Board, Transport for London , the Waterways Board or Canal & River Trust is transferred to the Minister or the Secretary of State under section 266 of the Highways Act 1980 or section 7 of the Trunk Roads Act 1946 266 of the Highways Act 1980 or section 80 of the Roads (Scotland) Act 1984 (bridges carrying highways , or as the case may be roads which become trunk roads) or to a special road authority by an order made by virtue of section 267 of the said Act of 1980 or section 8 of the Special Roads Act 1949267 of the said Act of 1980 or section 81 of the said Act of 1984 (bridges carrying highways , or as the case may be roads, which are included in special road schemes), the Board or, as the case may be, Canal & River Trust—

• (a) shall not be liable under the provisions of section 55(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, 55(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 or, as the case may be, Canal & River Trust of the extinguishment of their liability for the maintenance, repair or improvement of the bridge or the highway , or as the case may be road, carried thereby; but

• (b) shall not be entitled to receive under section 266(5) or 267(2) of the said Act of 1980 or the said section 7(3) or 8(2)266(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 or, 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 or 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.

• (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.

• (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.

Minimum height for bridge parapets

120

Application of foregoing sections to undertakers other than Railways Board, London Board and Waterways Board

121

• (1) In the foregoing sections of this Part of this Act any reference to Canal & River Trust, the Railways Board, Transport for London or the Waterways Board includes a reference to any subsidiary of that body ; ...

• (2) The Minister may by order apply—

• (a) all or any of the provisions of section 116 or 117 of this Act to bridges over railways or inland waterways of persons other than the bodies mentioned in those sections or their subsidiaries, or over installations or land used in connection with a railway or inland waterway by persons other than those bodies or subsidiaries, ... ;

• (b) all or any of the provisions of section 118 of this Act to bridges over railways or inland waterways of persons other than the bodies mentioned in that section or their subsidiaries.

• (3) An order under subsection (2) of this section may make such modifications in the provisions applied by it, and in any other enactment or instrument relating to the bridge, railway, inland waterway, installation or land to which it relates, as appear to the Minister to be appropriate.

• (4) An order under the Light Railways Act 1896 may make provision for any matter for which provision can be made by an order made under subsection (2) of this section in relation to a railway or to any installation or land used in connection with a railway.

• (5) Before making an order under subsection (2) of this section or by virtue of subsection (4) thereof, the Minister shall consult with the highway authority concerned (unless he is himself that authority); and, before making an order under the said subsection (2), the Minister shall consult with the owner of the railway, inland waterway, installation or land concerned.

• (6) Where an order made under subsection (2) or by virtue of subsection (4)of this section applies all or any of the provisions of section 117 of this Act to any bridge to which that section has not at any previous time applied, paragraphs 15, 16, 18, 19 and 20 of Schedule 11 to the Highways Act 1980 (which relate to the apportionment of expenses) shall apply in relation to that bridge as if—

• (a) the provisions of the said section 117 so applied were an order to which the said paragraph 15 applies; and

• (b) the bridge were such a bridge as is mentioned in the said paragraph 15; and

• (c) the highway authorities referred to in those paragraphs of the said Schedule 11 were the highway authority or highway authorities for the highway carried by the bridge;

but if the order made as aforesaid also applies to the bridge all or any of the provisions of section 116 of this Act and the highway carried by or giving access to the bridge has under the provisions of the said section 116 so applied become a highway maintainable at the public expense instead of by the owners of the bridge, then, for the purposes of sub-paragraph (2)(c) of the said paragraph 15, the share of the expense there referred to of those owners shall be increased by an amount equivalent to the amount of any saving to those owners, in consequence of those provisions of the said section 116, of expense in maintaining that highway.

• (7) In the application of the last foregoing subsection to Scotland, references therein to paragraphs 15, 16, 18, 19 and 20 of Schedule 11 to the Highways Act 1980 and to sub-paragraph (2)(c) of the said paragraph 15 shall be construed as references to the following provisions respectively of the Bridges Act 1929, namely, sections 6(1), 6(2), 6(3), 7(2) and 15(b) and paragraph (c) of the proviso to the said section 6(1).

• (8) In subsections (2) and (3) of this section, and in subsection (5) thereof so far as it relates to subsection (2), references to the Minister shall, as respects bridges in Scotland or Wales, be construed as references to the Secretary of State. ; and in the application of the said subsection (5) to Scotland the reference to a highway authority shall be construed as a reference to a roads authority.

Interpretation of sections 116 to 121

122

• (1) Where a railway or an inland waterway passes under a highway by means of a tunnel, or runs in a cutting over which a highway is superimposed, the foregoing provisions of this Part of this Act (except sections 119 and 120) shall, so far as applicable and subject to any necessary modifications, have effect in relation to the highway as if it were carried by a bridge and to the structure of the tunnel or, as the case may be, the structure by means of which the highway is superimposed as aforesaid, as if that structure were a bridge.

• (2) In sections 116, 117 and 120 of this Act, and in section 121 thereof so far as it relates to the said sections 116 and 117, references to a railway include references to a railway which has ceased to carry any traffic and to the site of a railway from which the track has been removed.

• (3) In sections 117 and 118 of this Act, and in section 121 thereof so far as it relates to those sections, references to a bridge include references to any abutments or other parts of a bridge and, if the person to whom the bridge belongs is responsible for the maintenance thereof—

• (a) to the surface of the road carried by, or giving access to, the bridge;

• (b) to any embankment, retaining wall or other work or substance supporting or protecting the surface of that road.

• (4) In the foregoing provisions of this Part of this Act, and in this section, references to a highway do not include references to a waterway.

• (5) In sections 116 to 119 and 121 of this Act, and in this section,—

• (a) “network owner" means—

• (i) a person in whom is vested a network by virtue of a transfer scheme, or

• (ii) a successor in title to any such person;

• (b) “new network" means a network constructed or acquired, other than pursuant to a transfer scheme, after 31 March 1994 where any railway line comprised in that network is connected to a railway line comprised in a transferred network;

• (c) “transferred network" means a network transferred at any time by transfer scheme;

• (d) “network" and “transfer scheme" shall be construed in accordance with the Railways Act 1993; and

• (e) references to a highway are to be read, in relation to Scotland, as references to a road.

Level crossings

Power of highway and other authorities to contribute to cost of barriers, etc., at level crossings

123

• (1) Contributions to the expenses incurred by the Railways Board or a network owner in providing lifting or other barriers, lights, signs, or other devices or appliances for the protection or convenience of the public at or near any level crossing where a road is crossed by a railway of the Board , or, as the case may be, by a railway comprised in a transferred network or a new network of that network owner, may be made by—

• (a) the highway authority, if any, for that road; and

• (b) any local authority, not being the highway authority, in whose area the level crossing is situated.

• (2) In this section “local authority” means, as respects England and Wales, the council of a county,. . . London borough or county district. . . and the Common Council of the City of London and “network owner", “new network”and “transferred network”shall be given the meanings in section 122(5) above,and, as respects Scotland, a county council and a town council.

Board's obligations at level crossings with roads other than public carriage roads

124

Inspectors of railways

Powers of inspectors of railways as respects persons other than railway companies and their staff

125

Part IX — Regulation of Road Traffic

Amendment of provisions as to regulation of traffic

126

Amendment of provisions as to parking places

127

• (1) After section 35(1) of the principal Act (which enables orders to be made designating parking places on highways for vehicles or vehicles of any class specified in the order and authorises the making by the local authority of charges for vehicles left in any parking place so designated) there shall be inserted the following subsection:—

(1A) Any order under this section, whether made under subsection (1) above or under subsection (5) below, may designate any parking place for use, either at all times or at times specified in the order, only by such persons or vehicles, or such persons or vehicles of any class specified in the order, as may be authorised for the purpose by a permit from the authority operating the parking place; and that authority may, in the case of any particular parking place and any particular vehicle, or any vehicle of a particular class, instead of making a charge as mentioned in the said subsection (1) or (5), issue a permit for that vehicle to be left in that parking place while the permit remains in force either at all times or at such times as may be specified in the permit and make such charge in connection with the issue or use of that permit of such amount payable in such manner as the authority by whom the designation order was made may by order prescribe; but no charge shall be made by virtue of this subsection in respect of a public service vehicle.

• (2) In section 36(2) of the principal Act (which specifies certain matters which may be included in orders making provision for or in connection with the operation of parking places designated under the said section 35) at the end there shall be added the following paragraphs:—

(i) for regulating the grant, revocation and surrender of any permit such as is mentioned in section 35(1A) of this Act and the issue, use and surrender of tokens indicating the holding of such a permit or the payment of any charge in connection with the issue or use of the permit, for requiring a vehicle to which such a permit applies to display the permit or such a token when left in any parking place to which the permit applies, and for treating the display of or failure to display the permit or such a token on any vehicle left at a parking place as evidence, and in Scotland sufficient evidence, of such facts as may be provided by the order; (j) for the refund in such circumstances and in such manner as may be prescribed by the order of the amount of any charge paid in advance by virtue of the said section 35(1A).

• (3) In section 37 of the principal Act, after subsection (5) (which relates to the inspection and testing of parking meters) there shall be added the following subsection:—

(6) Where provision is made for the use of apparatus other than parking meters, subsection (5) above shall apply to such apparatus as it applies to a parking meter.

• (4) In section 42(1)(a) of the principal Act (which imposes a penalty for leaving a vehicle in a parking place designated by an order under the said section 35 otherwise than as authorised by an order relating to the parking place) after the words "authorised by" there shall be inserted the words " or under ".

• (5) After section 42(4) of the principal Act there shall be inserted the following subsection:—

(4A) Where, in the case of any vehicle with respect to which there has been issued any authorisation by way of such a certificate, other means of identification or device as is referred to in section 1(3C) or (3D) or section 6(5) or (6) or such a permit or token as is referred to in section 36(2)(i) of this Act, the authority by whom any parking place designated by a designation order is controlled is satisfied that, in accordance with the terms on which the authorisation was issued, a charge has become payable and has not been paid in respect of any period for which that vehicle has been left in that parking place, acceptance by that authority of payment of the amount of that charge shall be a bar to proceedings for an offence under subsection (1)(a) above of failing duly to pay the charge.

• (6) In section 44(3) of the principal Act (which sets out the purposes for which the Greater London Council or any other local authority may apply any surplus in the account of their income and expenditure in respect of parking places designated under section 35 of that Act) at the end there shall be added the following paragraph:—

(d) if it appears to the local authority that the provision in their area of further parking accommodation for vehicles otherwise than on highways is for the time being unnecessary or undesirable, the following purposes, namely— (i) meeting costs incurred, whether by the local authority or by some other person, in the provision or operation of, or of facilities for, public passenger transport services; (ii) purposes of a project connected with the carrying out by the appropriate highway authority (whether or not the local authority) of any operation which within the meaning of the Highways Act 1959 constitutes the improvement of a highway in the local authority's area or, in the case of an authority in Scotland, of any work or operation on any highway in the local authority's area which is authorised by any of the enactments specified in subsection (3A) below.

• (7) After the said section 44(3) there shall be inserted the following subsection:—

(3A) The enactments referred to in subsection (3)(d)(ii) above are— (a) sections LXXXIV, LXXXV, XCIV and C of Schedule C to the Roads and Bridges (Scotland) Act 1878; (b) section 130 of the Burgh Police (Scotland) Act 1892; (c) section 8(5) of the Development and Road Improvement Funds Act 1909 ; (d) section 58 of the Road Traffic Act 1930; (e) section 4 of the Restriction of Ribbon Development Act 1935 ; (f) section 3(2) of the Trunk Roads Act 1946 ; (g) the Highways (Provision of Cattle Grids) Act 1950; (h) section 45 of the Road Traffic Act 1956.

• (8) In section 85(2)(c)(ii) of the principal Act (under which, where the driver of a vehicle is alleged to be guilty of an offence against section 42 of that Act in connection with a parking place, the owner of the vehicle must give such information as to the identity of the driver as may be required, in writing, by or on behalf of the local authority for that parking place) after the word " offence " there shall be inserted the words " under section 31(3) or ".

• (9) In section 86(1) (which relates to the forgery of, and certain other offences in connection with, a ticket issued by a parking meter)—

• (a) in paragraph (a), after the words "meter, or" there shall be inserted the words " any authorisation by way of such a certificate, other means of identification or device as is referred to in section 1(3C) or (3D) or section 6(5) or (6) or such a permit or token as is referred to in section 36(2)(i) of this Act, or ";

• (b) in paragraph (b), after the words " such ticket" there shall be inserted the words " or authorisation ".

• (10) At the end of the said section 86, there shall be added the following subsections:—

(3) A person who knowingly makes a false statement for the purpose of procuring the grant or issue to himself or any other person of any such authorisation as aforesaid shall be liable on summary conviction to a fine not exceeding £100 or to imprisonment for a term not exceeding four months or to both such fine and such imprisonment. (4) If any person authorised in that behalf by or under a designation order has reasonable cause to believe that a document or article carried on a vehicle or by the driver or person in charge thereof is a document or article in relation to which an offence has been committed under subsection (1) above (so far as that subsection relates to such authorisations as are referred to in that subsection) or under subsection (3) above, he may detain that document or article and may for that purpose require the driver or person in charge of the vehicle to deliver up the document or article ; and if the driver or person in charge of the vehicle fails to comply with that requirement he shall be liable on summary conviction to a fine not exceeding £50. (5) When a document or article has been detained under subsection (4) above and at any time after the expiration of six months from the date when that detention began no person has been charged since that date with an offence in relation to the document or article under subsection (1) or (3) above, and the document or article has not been returned to the person to whom the authorisation in question was issued or to the person who at that date was the driver or person in charge of the vehicle, then, on an application made for the purpose to a magistrates' court (or, in Scotland, on a summary application made for the purpose to the sheriff court) by one of the following persons, namely, the person to whom the authorisation was issued, the person who at the said date was the driver or person in charge of the vehicle, or the person for the time being having possession of the document or article, the court shall make such order respecting disposal of the document or article and award such costs (or, in Scotland, expenses) as the justice of the case may require

.

• (11) So much of section 97(2) of the principal Act as limits the extent to which section 42 of that Act is to apply to vehicles and persons in the public service of the Crown shall cease to have effect.

• (12) Section 26 of the Greater London Council (General Powers) Act 1967 (which makes in the enactments re-enacted by sections 35 and 36 of the principal Act and in sections 233, 235 and 237 of the Act of 1960 amendments as respects Greater London for purposes similar to those of subsections (1), (2), (9) and (10) of this section) shall cease to have effect.

Powers as to parking, etc., of public service vehicles

128

• (1) In subsection (1) of section 15 of the principal Act (which enables a local authority to make orders for determining the highways which may or may not be used by public service vehicles and for fixing stands for such vehicles and places at which such vehicles may stop otherwise than to take up or set down passengers) at the end there shall be added the words " and any such order may be made—

• (a) so as to apply only to such vehicles of a specified class; or

• (b) so as to have effect as respects a limited period only or as respects only limited periods in the year,

and may make different provision for different classes of such vehicles."

• (2) So much of subsection (6) of the said section 15 as limits the period for which an order under the said subsection (1) may remain in operation, that is to say, the words " unless previously revoked shall remain in operation for three years, but may be renewed from time to time for a like period, and ", shall cease to have effect.

• (3) In subsection (1)(a) of section 33 of the principal Act (which provides that where a local authority provide a parking place which may be used by public service vehicles, they may by order appoint that parking place as a station for such vehicles) after the word " for " there shall be inserted the words " or for a specified class of ".

• (4) In subsection (2)(a) of the said section 33 (which empowers a local authority, with the consent of the Minister, to do all such things as are necessary to adapt a parking place appointed under that section as a station for public service vehicles for use as such a station) the words " with the consent of the Minister " shall cease to have effect.

• (5) In subsection (3) of the said section 33 (under which the charges for the use of a parking place by public service vehicles are to be such as may be determined by the Minister) for the words " the Minister " there shall be substituted the words " the appropriate traffic commissioners ".

Traffic signs, bollards, etc.

129

• (1) In section 13 of the principal Act (which relates to traffic regulation on special roads) after subsection (3) there shall be inserted the following subsection:—

(3A) Where by regulations made under subsection (2) above a limit of speed is to be observed, then, if it is to be observed— (a) on all special roads; or (b) on all special roads provided for the use of particular classes of traffic; or (c) on all special roads other than special roads of such description as may be specified in the regulations; or (d) as mentioned in paragraph (a), (b) or (c) above except for such lengths of special road as may be so specified, section 75 of this Act shall not apply in relation to that limit without prejudice to its application in relation to any lower limit of maximum speed or, as the case may be, higher limit of minimum speed required by any such regulations to be observed on any specified length of any specified special road.

• (2) In section 56(3) of the principal Act (which imposes upon the Greater London Council certain duties as respects traffic signs placed by the Minister or the Council in the exercise of the powers conferred by subsection (1) of that section)—

• (a) for the words from " placed" to " by subsection (1) above" there shall be substituted the words " lawfully in place in Greater London which is required in connection with an order under section 6 or 9 of this Act ";

• (b) in paragraph (a), for the words " the order in connection with which it was placed " there shall be substituted the words " any such order in connection with which it is required ";

• (c) in paragraph (b), for the words " upon that order ceasing to have effect" there shall be substituted the words " if it ceases to be required in connection with any such order ".

• (3) After the said section 56 there shall be inserted the section 56A set out in Part III of Schedule 14 to this Act, being a section to confer in connection with certain orders made by traffic authorities powers with respect to traffic signs.

• (4) In section 62(1) of the principal Act (which relates to the power of the appropriate Minister with respect to traffic signs in default of compliance by a highway authority or bridge authority with certain directions) and in section 63 of the principal Act (which confers upon a highway authority or bridge authority certain powers to enter upon land for the purpose of their powers in connection with traffic signs) for the words " or bridge authority " there shall be substituted the words " bridge authority or authority to whom section 56A of this Act applies ".

• (5) In section 68 of the principal Act (which empowers the appropriate Minister to make advances to certain authorities in respect of expenditure incurred in connection with traffic signs) at the end there shall be added the following subsection :—

(4) The power of the appropriate Minister under this section to make advances towards expenses incurred in relation to traffic signs shall be exercisable with respect to any expenses incurred under section 56A of this Act by an authority to whom that section applies or by a highway authority.

• (6) In section 69(1) of the principal Act (which makes provision for the placing of bollards or other obstructions where the passage of vehicles is prohibited at any point of a road by an order made under section 1 of that Act)—

• (a) after the word " road" there shall be inserted the words " outside Greater London "; and

• (b) after the words " section 1 " there shall be inserted the words " or 9 ".

• (7) After the said section 69(1) there shall be inserted the following subsection:—

(1A) The bollards or other obstructions which may be placed under subsection (1) above— (a) shall include obstructions of any description whatsoever ; (b) may be either fixed or movable ; and (c) may be placed so as to prevent the passage of vehicles either at all times or at certain times only; and where the powers conferred by that subsection have been exercised with respect to two or more points of a road so that the passage of vehicles along a stretch of that road is prevented, those powers shall extend to placing, or authorising the placing, of further obstructions on that stretch of road; but any obstructions placed under those powers shall not be so placed as to prevent at any time the passage of foot passengers past the point or along the stretch of road in question and shall not be of such a nature that the reopening of the road in question to vehicles would be unreasonably difficult or as to alter the nature of the surface of the road.

• (8) After section 70(1) of the principal Act (which makes provision for the placing of bollards or other obstructions where the passage of vehicles at any point of a road in Greater London is prohibited by an order made under section 6 or 9 of that Act) there shall be inserted the following subsection:—

(1A) Subsection (1A) of section 69 of this Act shall apply in relation to the placing of bollards or other obstructions under subsection (1) above as if for any reference in the said subsection (1A) to subsection (1) of that section there were substituted a reference to subsection (1) above.

• (9) In section 82 of the principal Act (which relates to the exercise with respect to boundary roads of powers conferred by certain provisions)—

• (a) in subsection (1) (which relates to roads where any part of the width of the road is in Greater London), after the sectional reference " 9 " there shall be inserted the sectional reference " 56 ";

• (b) in subsection (3) (which relates to roads outside Greater London in the case of which different parts of the width of the road are in the area of different local authorities), after the sectional reference " 46(1) " there shall be inserted the sectional reference " 56A ".

Increase of responsibility of local authorities in connection with road traffic

130

• (1) The provisions of this section shall have effect with a view to conferring greater freedom and responsibility with respect to the regulation of road traffic on local authorities subject to reserve powers for the appropriate Minister to ensure the discharge of that responsibility.

• (2) Sections 35 to 40 of the principal Act (which relate to parking places on highways where charges are made) shall have effect subject to the amendments specified in Part IV of Schedule 14 to this Act, being amendments which, together with the relevant consequential amendments and repeals provided for by subsection (6)(a) and (b) of this section, are designed, subject to the provision made by subsection (5) of this section—

• (a) to make permanent the transfer of functions under those sections outside Greater London from the appropriate Minister to the local authority which was effected by the orders made, or having effect as if made, under sections 35(8) and 39(3) of the principal Act in force immediately before the passing of this Act;

• (b) to restate the respective functions of the Minister and the Greater London Council under the said sections 35 to 40 in terms of a corresponding transfer of functions instead of in terms of functions exercisable concurrently by the Minister and that Council but, in the case of the Minister, only in certain special circumstances.

• (3) In section 84(1) of the principal Act and in section 9(2) of the London Government Act 1963 (which provide that it shall be the duty of the Greater London Council so to exercise the functions conferred on them by the principal Act or, as the case may be, by sections 14 to 19 of the said Act of 1963 as, so far as practicable having due regard to—

• (a) the desirability of securing and maintaining reasonable access to premises,

• (b) the effect on the amenities of any locality affected, and

• (c) any other matters appearing to the Council to be relevant,

to secure the expeditious, convenient and safe movement of vehicular and other traffic (including foot passengers) and the provision of suitable and adequate parking faculties on and off the highway), after the word " affected " in paragraph (b) there shall in each case be inserted the following:—

(bb) the importance of facilitating the passage of public service vehicles and of securing the safety and convenience of persons using or desiring to use such vehicles

.

• (4) With a view to imposing upon any other local authority upon whom functions are conferred by or under the principal Act the like duty with respect to the exercise of those functions as is imposed upon the Greater London Council by the said section 84(1), in the said section 84(1)—

• (a) after the words " Greater London Council" there shall be inserted the words " and every other local authority upon whom functions are conferred by or under this Act ";

• (b) in paragraph (c), after the word " Council" there shall be inserted the words " or, as the case may be, the authority ".

• (5) After the said section 84, there shall be inserted the sections 84A, 84B, 84C, 84D and 84E set out in Part V of Schedule 14 to this Act, which—

• (a) by the said section 84A, empower the appropriate Minister to give directions or make orders for the purpose of securing compliance with the duty imposed upon the Greater London Council and other local authorities by subsection (1) of the said section 84 as amended by subsections (3) and (4) of this section;

• (b) by the said section 84B, require the consent of the appropriate Minister to the inclusion of certain provisions in orders proposed to be made by the said Council or other authorities ;

• (c) by the said section 84C, make provision as to procedure in connection with the making of certain orders by the said Council or other authorities and the obtaining of any consent of a Minister required to those orders;

• (d) by the said section 84D, make provision as to the variation or revocation, and as to the making by Ministers, of certain orders ;

• (e) by the said section 84E, extend to further orders the provisions of section 41 of the principal Act with respect to the right to challenge certain orders in legal proceedings.

• (6) In consequence of the foregoing provisions of this section or of other provisions of this Part of this Act or of the provisions of section 25 of (the Civic Amenities Act 1967—

• (a) the principal Act shall have effect subject to the further amendments specified in Part VI of Schedule 14 to this Act;

• (b) the provisions of the principal Act specified in Part II of Schedule 18 to this Act shall cease to have effect, being provisions which are superseded by the provision made by subsection (5) of this section and which relate to—

• (i) the exercise of certain functions by the appropriate Minister concurrently with their exercise by local authorities;

• (ii) the requirement of the appropriate Minister's confirmation of, or consent to, certain orders;

• (iii) the procedure to be followed in connection with certain orders; or

• (iv) the variation or revocation, or the making by Ministers, of certain orders, or which are otherwise rendered unnecessary by the provisions of this Part of this Act;

• (c) in section 153(4) of the Act of 1960, for the words from " advising the Minister " onwards there shall be substituted the words " advising a local authority on the making of an order under section 15 or 33 of the Road Traffic Regulation Act 1967 or determining the charges referred to in subsection (3) of the said section 33 ";

• (d) in paragraph 18 of Schedule 1 to the Road Traffic Act 1962 as amended by Schedule 6 to the principal Act, after the words " 26(6)" there shall be inserted the words " or 26A(5) ";

• (e) in section 14(2) of the London Government Act 1963 as amended by the said Schedule 6, at the end there shall be added the words " or by virtue of section 84A(2) or (4) of that Act ".

Enforcement-fixed penalties and traffic wardens

131

• (1) In subsection (1) of section 80 of the principal Act (which provides for the provisions of that section with respect to punishment without prosecution to apply, subject to the proviso to that subsection, to the offences specified in paragraphs (a) to (c) thereof)—

• (a) in paragraph (a) (which specifies the offence committed in respect of a vehicle by its being left or parked on a road during the hours of darkness without the lights or reflectors required by law), the words " left or parked " shall cease to have effect;

• (b) at the end of paragraph (c) there shall be inserted the words

or (d) by its being used in contravention of any provision of an order made or having effect as if made under section 1, 6 or 9, or of regulations made or having effect as if made under section 11, of this Act, being a provision— (i) as to the route to be followed by vehicles of the class to which that vehicle belongs; or (ii) as to roads which are not to be used for traffic by such vehicles ; or (iii) as to the places where such vehicles may not turn so as to face in the opposite direction to that in which they were proceeding or as to the conditions under which such vehicles may so turn; or (e) by any such use of the vehicle in contravention of section 64(2) of the Road Traffic Act 1960 (which relates to the contravention of construction and use regulations) as the Secretary of State may by order specify, not being a use which constitutes an offence specified in Part II of Schedule 1 to the Road Traffic Act 1962 (which relates to offences involving disqualification) ; or (f) by its being used or kept on a public road within the meaning of the Vehicles (Excise) Act 1962 without a licence under that Act being exhibited on the vehicle in the manner prescribed under that Act

.

• (2) In subsection (5) of the said section 80 (which provides for payment of a fixed penalty under that section to be made to such justices' clerk within the meaning of section 27 of the Justices of the Peace Act 1949 as may be prescribed) at the end there shall be added the words " and where, in England or Wales, by virtue of regulations made for the purposes of this subsection, a justices' clerk for a petty sessions area comprised in the area of one responsible authority within the meaning of the said section 27 discharges functions in connection with a fixed penalty for an offence alleged to have been committed in a petty sessions area comprised in the area of another such authority—

• (a) that other authority shall make to the first-mentioned authority such payment in connection with the discharge of those functions as may be agreed between them or, in default of such agreement, as may be determined by the Secretary of State ; and

• (b) any such payment between responsible authorities shall be taken into account in determining for the purposes of subsection (2) of the said section 27 the net cost to those authorities respectively of the functions referred to in that subsection ".

• (3) In subsection (6) of the said section 80 (which provides that a notice under subsection (2) of that section shall specify the offence alleged, and give such particulars of the offence as are necessary for giving reasonable information of the allegation) for the words from " specify " to " allegation " there shall be substituted the words " give such particulars of the circumstances alleged to constitute the offence as are necessary for giving reasonable information thereof ".

• (4) In subsection (1) of section 81 of the principal Act (by virtue of which traffic wardens may be appointed to discharge in aid of the police such functions normally undertaken by the police in connection with the control and regulation of road traffic or with the enforcement of the law relating to road traffic as may be prescribed by an order under subsection (3) of that section) for the words from " in connection " to " relating to road traffic " there shall be substituted the words " in connection with the control and regulation of, or the enforcement of the law relating to, traffic (including foot passengers) or vehicles ".

• (5) In subsection (2) of the said section 81, for the words " road traffic or road vehicles" there shall be substituted the words " traffic (including foot passengers) or vehicles ".

• (6) After subsection (4) of the said section 81 there shall be inserted the following subsections:—

(4A) An order under subsection (3) above may provide that, for the purposes of any functions which traffic wardens are authorised to discharge by the order and subject to the provisions of subsection (4B) below, references to a constable or police constable in all or any of the following enactments shall include references to a traffic warden, that is to say— (a) section 52 of the Metropolitan Police Act 1839, so far as it relates to the giving by the commissioner of directions to constables for preventing obstruction; (b) section 22 of the local Act of the second and third year of the reign of Queen Victoria, chapter 94, so far as it makes similar provision with respect to the City of London; (c) in the Road Traffic Act 1960— (i) sections 14 and 15 (which relate to compliance with traffic directions given by police constables); (ii) section 223 (which relates to the power of a constable to stop vehicles); (iii) section 225(1) and (4) (which relate to the power of a constable to require the production of a driving licence in certain circumstances); (iv) sections 226 and 229 (which relate to the powers of constables to obtain names and addresses of drivers and others and to require production of evidence of insurance or security and test certificates) ; (v) section 242 (which relates to the giving of certain evidence by certificate); (d) section 89 of this Act. (4B) Any power of a constable for the purposes of the following provisions of the Road Traffic Act .1960, namely, sections 223 , 225(1) and (4) and 226, shall be exercisable by a traffic warden under an order made by virtue of subsection (4A) above only where— (a) the traffic warden is assisting a constable; or (b) the traffic warden has reasonable cause to believe that an offence has been committed of a description specified in relation to the section in question for the purposes of this paragraph by the order and, in the case of a power for the purposes of the said section 226, the order authorises the use of that power in relation to that offence; or (c) in the case of a power for the purposes of the said section 223, the traffic warden is exercising functions in connection with the control and regulation of traffic (including foot passengers) or vehicles.

Application of principal Act to Isles of Stilly

132

After section 108 of the principal Act there shall be inserted the following section:—

(108A) (1) The Minister may, after consultation with the Council of the Isles of Scilly, by order provide that any provision of this Act specified in the order shall apply to the Isles, subject to such modifications as may be so specified, as if the Isles were a separate county or a county district. (2) The power to make orders conferred by this section shall be exercisable by statutory instrument and shall include power to make an order varying or revoking any previous order under this section.

Principal Act to be printed as amended by this Act

133

Part X — Miscellaneous and General

Duty to act in certain cases as body engaged in commercial enterprise

134

• (1) This section applies to the following authorities, namely, the Boards, the new authorities, and the Executive for any designated area within the meaning of section 9(1) area which is an integrated transport area or a passenger transport area for the purposes of Part II of this Act.

• (2) Every authority to whom this section applies who engage, either directly or through a subsidiary, in any activities authorised by any of the provisions specified in subsection (3) of this section shall in carrying on those activities act as if they were a company engaged in a commercial enterprise or, as the case may be, shall exercise their control over that subsidiary so as to ensure that the subsidiary in carrying on those activities acts as a company so engaged.

• (3) The provisions referred to in subsection (2) of this section are—

• (a) the following provisions of the Act of 1962, namely, subsections (2) to (4) of section 11 (which relate to certain development or acquisition of land);

• (b) the following provisions of this Act, namely, sections. . . , 10(1)(viii), (xi), (xx)(b) and (xxii), 25(e) and (f), 26(1)(e)(ii), (f) and (k), 48(2), 49(1) to (4), 50(1) (so far as it relates to the provision of facilities at additional premises), and 50(2) to (5).

Compensation for loss of employment, etc.

135

• (1) The Minister shall by regulations require the payment by such person as may be determined by or under the regulations, in such cases and to such extent as may be so determined, of compensation to or in respect of any person who is on the date of the happening of any of the following events, namely—

• (a) a transfer of any property, rights or liabilities under section 4, 5, . . .28, 29, 53 or 144 of this Act; or

• (b) any change in the manner in which the carrying on of the activities of the Railways Board or the Freight Corporation is organised made—

• (i) in pursuance of a direction under section 6(1) or 45(5) of this Act; or

• (ii) with the consent of the Minister in order to give effect to conclusions reported under the said section 45; or

• (c) the making of any adaptations such as are mentioned in paragraph 5(4) of Schedule 16 to this Act; or

• (d) the revocation under paragraph 10(1) of Schedule 6 to this Act of a consent granted under that Schedule,

or who has before that date been, in any employment so determined and who suffers any loss of employment, or loss or diminution of emoluments or pension rights, or worsening of his position, which is properly attributable to the happening of that event.

• (2) Any such regulations may apply in relation to any such person whether or not he continues in the employment determined as aforesaid until the date of the happening of the relevant event aforesaid, and whether or not he is a party to an agreement for the rendering of personal services which is affected by the happening of that event.

• (3) Different regulations may be made under this section in relation to different classes of persons, and any such regulations may be so framed as to have effect from a date prior to the making thereof, so, however, that so much of any such regulations as provides that any provision thereof is to have effect as from a date earlier than the making thereof shall not place any person other than the person required to pay the compensation in a worse position than he would have been in if the regulations had been made to have effect only as from the making thereof.

• (4) Regulations under this section—

• (a) may prescribe the procedure to be followed in making claims for compensation, and the manner in which and the person by whom the question whether any or what compensation is payable is to be determined; and

• (b) may in particular contain provisions enabling appeals from any determination as to whether any or what compensation is payable to be brought, in such cases and subject to such conditions as may be prescribed by the regulations, before an employment tribunal.