Severn Bridges Act 1992

• (8) A dispute as to a person’s entitlement to compensation under sub-paragraph (6) above, or as to the amount of the compensation, shall be determined under and in accordance with Part I of the Land Compensation Act 1961.

Part IV — Correction of Deposited Plans

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• (1) If the deposited plans or the book of reference to those plans are inaccurate in their description of any land, or in their statement or description of the ownership or occupation of any land, the Secretary of State, after giving not less than ten days' notice to the owner and occupier of the land in question, may apply to two justices having jurisdiction in the place where the land is situated for the correction of the plans or book of reference.

• (2) If on such an application it appears to the justices that the misstatement or wrong description arose from mistake or inadvertence, the justices shall certify accordingly and shall in their certificate state in what respect a matter is misstated or wrongly described.

• (3) The certificate shall be deposited in the office of the Clerk of the Parliaments and a copy of it in the Private Bill Office of the House of Commons and at the principal offices of Avon County Council, Gwent County Council, Bristol City Council, Northavon District Council and Monmouth Borough Council; and the deposited plans or the book of reference shall be deemed to be corrected according to the certificate and it shall be lawful for the Secretary of State, in accordance with the certificate, to proceed under this Act as if the deposited plans or the book of reference had always been in the corrected form.

• (4) A person with whom a copy of the certificate is deposited under this paragraph shall keep it with the documents to which it relates.

• (5) In this paragraph “book of reference” means the book deposited in November 1990 in connection with the Severn Bridges Bill in the office of the Clerk of the Parliaments and the Private Bill Office of the House of Commons.

SCHEDULE 3

Stopping up of highways

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• (1) Subject to the provisions of this paragraph, the Secretary of State may, in connection with the construction of the works authorised by this Act, stop up—

• (a) each of the highways or parts of highways specified, by reference to the letters and numbers shown on the deposited plans, in columns (1) and (2) of the following table, and

• (b) any other bridleways or footpaths within the limits of deviation for the scheduled works.

• (2) On his doing so, all rights of way over or along the highway or part so stopped up shall be extinguished.

• (3) An existing highway or part of a highway specified in columns (1) and (2) of Part II of the following table shall not be stopped up under this paragraph until the Secretary of State is satisfied that the new highway to be substituted for it, which is specified in relation to it by reference to the letters shown on the deposited plans or by reference to scheduled works in column (3) of that Part of the table, has been completed and is open for public use.

• (4) No part of a highway shall be stopped up under this paragraph unless the condition specified in sub-paragraph (5) below is satisfied in relation to all land abutting on any side of that part of the highway.

• (5) The condition referred to in sub-paragraph (4) above is that—

• (a) the Secretary of State is in possession of the land, or

• (b) there is no right of access to the land from the part of the highway concerned, or

• (c) the Secretary of State is satisfied that there is reasonably convenient access to the land otherwise than from the part of the highway concerned, or

• (d) the owners and occupiers of the land have agreed to the stopping up.

• (6) A person who suffers loss by the extinguishment of a private right under this paragraph shall be entitled to compensation to be determined, in case of dispute, under and in accordance with Part I of the Land Compensation Act 1961.

Temporary interference with highways

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• (1) The Secretary of State may, for the purpose of constructing the works authorised by this Act, temporarily stop up, open, break up or interfere with, or alter or divert, the whole or a part of a highway within—

• (a) the limits of deviation for the scheduled works,

• (b) the limits of land to be acquired, or

• (c) the limits of land for temporary occupation,

and may carry out all necessary works for, or in connection with, doing so.

• (2) The Secretary of State shall provide reasonable access for all persons, with or without vehicles, going to or returning from premises abutting on a highway affected by the exercise of the powers conferred by this paragraph if there would otherwise be no such access.

Provision of new trunk and special roads

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• (1) On the day on which this Act is passed the new highways forming or forming part of Works Nos. 2, 2A, 2B, 3, 4, 4A, 4C, 5, 6, 6A, 6B, 6C, 6D and 6E shall become trunk roads and special roads for the exclusive use of traffic of Classes I and II of the classes of traffic specified in Schedule 4 to the Highways Act 1980.

• (2) The highways which become special roads by virtue of sub-paragraph (1) above shall be treated as provided by the Secretary of State (by means of the construction of new highways under section 24(1) of the Highways Act 1980) under a scheme made by him under section 16 of that Act—

• (a) prescribing the route of those roads as the route for the special roads to be provided under the scheme,

• (b) prescribing both the classes of traffic specified in that sub-paragraph, and

• (c) specifying the day on which this Act is passed as the date on which the roads become trunk roads.

Trunk and special road improvements

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Works Nos. 1, 1A, 1B and 4B shall be treated as improvements of the M4 and its slip roads carried out under Part V of the Highways Act 1980.

Other highway works

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• (1) Works Nos. 7, 7A, 8, 9, 9A, 9B, 9C, 9D, 9E, 9F, 9G, 9H, 11, 12, 13, 13A, 14, 15, 16, 16A, 17, 18, 18A, 19, 20, 21, 22, 22A, 23, 23A, 23B, 24, 25 and 26 and the stopping up of highways in pursuance of this Schedule shall be treated as authorised by an order made by the Secretary of State under section 18 of the Highways Act 1980 in relation to the roads to which paragraphs 3 and 4 above apply.

• (2) The new highways forming or forming part of the works referred to in sub-paragraph (1) above shall be treated as new highways authorised to be constructed by the order so referred to.

• (3) The provisions of Schedule 1 to this Act and this Schedule relating to a work or operation which is treated by this paragraph as authorised by the order referred to in sub-paragraph (1) above shall be treated for the purposes of the Highways Act 1980 as provisions of the order.

• (4) The order referred to in sub-paragraph (1) above shall be deemed to include provision preserving (subject to section 21 of the Highways Act 1980) the rights of any persons who are statutory undertakers for the purposes of that Act in respect of any apparatus of theirs which is under, in, on, over, along or across a highway immediately before it is stopped up in pursuance of this Schedule.

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• (1) The Secretary of State may determine in the case of a highway to which paragraph 5(2) above applies that the highway is to be a footpath, a cycle track, a bridleway or an all purpose road.

• (2) In sub-paragraph (1) above “all purpose road” means a highway (other than a cycle track) over which the public right of way includes a right of way for the passage of vehicles.

• (3) The Secretary of State may classify a highway to which paragraph 5(2) above applies in any manner in which, and for any purposes for which, he can classify highways under subsection (3) of section 12 of the Highways Act 1980; and on the date of its transfer under sub-paragraph (4) below a highway classified under this sub-paragraph shall become a highway classified in the manner and for the purposes in question as if so classified under that subsection.

• (4) On the date certified by the Secretary of State as the date on which a highway to which paragraph 5(2) above applies is open for public use—

• (a) if it is in England, it shall be transferred to Avon County Council, and

• (b) if it is in Wales, it shall be transferred to Gwent County Council.

SCHEDULE 4

Receipts

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• (1) The receipts referred to in section 7 of this Act are relevant receipts and assumed interest receipts.

• (2) In this Schedule “relevant receipts” means—

• (a) tolls collected by or on behalf of the Secretary of State,

• (b) other sums received by the Secretary of State—

• (i) under or by virtue of this Act, or

• (ii) in connection with the exercise of relevant functions by him or on his behalf,

• (c) capital sums and interest paid to the Secretary of State by the concessionaire in accordance with the concession agreement in respect of the existing deficit,

• (d) any sums received by the Secretary of State in consequence of or in connection with the termination of the concession agreement or in pursuance of a right transferred to him under or by virtue of section 19 of this Act on the termination, and

• (e) any other receipts of the Secretary of State which he may specify as relevant receipts.

• (3) In this Schedule “assumed interest receipts” means interest assumed to accrue on any daily surplus of relevant receipts over the amounts treated as applied for the purposes mentioned in paragraph 2 below.

Purposes

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The purposes referred to in section 7 of this Act and this Schedule are—

• (a) meeting with interest the existing deficit,

• (b) reimbursement with interest of any expenditure properly chargeable to capital account and incurred by the Secretary of State in respect of—

• (i) the construction of the new bridge or the toll plaza forming part of Work No. 2, or

• (ii) the making safe, dismantling or reconstruction of that bridge or toll plaza if partly constructed otherwise than at the expense of the Secretary of State,

• (c) reimbursement with interest of all expenditure (not falling within sub-paragraph (b) above) properly chargeable to capital account and incurred by the Secretary of State in making (whether to the concessionaire or to any other person) any payment in consequence of or in connection with the termination of, or otherwise under, the concession agreement,

• (d) reimbursement with interest of any expenditure properly chargeable to capital account and incurred by the Secretary of State—

• (i) under or by virtue of this Act, or

• (ii) in connection with the exercise of relevant functions by him or on his behalf,

before the end of the period during which tolls may be levied,

• (e) meeting all expenditure (including administrative expenses) properly chargeable to revenue account and so incurred,

• (f) making any provision which the Secretary of State may consider appropriate for defraying the expenditure properly chargeable to revenue account and likely to be incurred by the Secretary of State as mentioned in sub-paragraph (d)(i) and (ii) above after the end of the period during which tolls may be levied,

• (g) making such provision as in the opinion of the Secretary of State is required for making payments to or in respect of persons employed by him or by a person appointed to collect tolls as his agent whose contracts of employment are terminated in consequence of tolls ceasing to be leviable,

• (h) making such provision as in the opinion of the Secretary of State is equivalent to that which would be required—

• (i) for keeping the bridges and toll plaza areas insured against damage not amounting to complete destruction throughout the period during which tolls may be levied,

• (ii) for insuring against liabilities arising in that period from the Secretary of State’s ownership or occupation of the bridges and toll plaza areas, or from anything done or omitted in the course of the exercise by or on behalf of the Secretary of State of relevant functions or the power to levy tolls,

if the bridges and toll plaza areas were owned and maintained, and those functions were exercisable, by a commercial undertaking,

• (i) meeting any other expenditure (not falling within any of the preceding sub-paragraphs) which is incurred by the Secretary of State in consequence of this Act and which is specified by him as falling within this paragraph,

• (j) making provision for interest assumed to be due on any daily deficiency of relevant receipts as against the amounts treated as applied for the purposes mentioned in this paragraph, and

• (k) meeting with interest the aggregate of any annual deficiencies of relevant receipts and assumed interest receipts as against the amounts treated as applied for any of the purposes mentioned in the preceding sub-paragraphs.

Supplementary

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For the purpose of determining the amount of relevant receipts and assumed interest receipts or the amounts from time to time required for the purposes mentioned in paragraph 2 above, such assumptions shall be followed by the Secretary of State as to—

• (a) the manner in which those receipts are to be treated as applied for those purposes,

• (b) the times at which payments would be made in respect of expenditure, interest and other amounts referred to in any sub-paragraph of that paragraph, and

• (c) the amounts of such payments,

as the Treasury may direct; and such a direction may require different assumptions to be followed in relation to different times and in relation to, or to interest on, different expenditure or other amounts referred to in any sub-paragraph of that paragraph.

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A reference in this Schedule to interest is a reference to interest at such rate as may be determined to be appropriate in accordance with directions given by the Treasury; and different rates may be so determined in relation to—

• (a) different times,

• (b) different descriptions of relevant receipts, and

• (c) different sub-paragraphs of paragraph 2 above, and different expenditure or other amounts referred to in any of those sub-paragraphs.

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In this Schedule “the existing deficit” means the amount shown in the statement of accounts prepared under section 28(1)(a) of this Act as the amount of the debt to the Consolidated Fund immediately before the appointed day, adjusted if necessary to take account of any amounts so shown as stores or owed by debtors, or as due to creditors.

SCHEDULE 5