- Latest available (Revised)
- Original (As enacted)
Highways Act 1980, Section 266 is up to date with all changes known to be in force on or before 03 September 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
(1)Where a highway comprising a bridge to which this section applies becomes a trunk road, the bridge by which that highway is carried is, subject to subsection (2) below, transferred to the Minister[F2or a strategic highways company, whichever is highway authority for the trunk road (“the trunk road authority”), ] by virtue of this section on the date on which the highway becomes a trunk road (“the transfer date”).
(2)If on the transfer date a part of the highway carried by the bridge is not a trunk road, the bridge is not transferred to the [F3trunk road authority ] by virtue of this section unless and until that part becomes a trunk road.
(3)Where a bridge is transferred to the [F4trunk road authority] by virtue of this section, then, subject to subsection (4) below—
(a)the bridge, including any building or structure comprised in it and the highway carried by it, vests by virtue of this section in the[F5 authority] for all the estate or interest of the owners therein, and
(b)any statutory provision in force, in relation to the bridge, for the protection or benefit of statutory undertakers has effect, subject to any necessary modifications, as if for any reference therein to the owners of the bridge there were substituted a reference to the [F5 authority].
(4)The [F6trunk road authority]and the owners may, by agreement in writing made either before or after the transfer date, agree that the provisions of subsection (3) above with respect to the transfer of property shall not apply or, as the case may be, shall be deemed not to have applied, to such property comprised in the bridge as may be specified in the agreement.
(5)In respect of any bridge which is transferred to the [F7trunk road authority ] by virtue of this section, the [F8authority ] shall pay to the owners such sum as may be agreed between the [F8authority ] and the owners, or in default of agreement such sum as may be determined by arbitration to represent the value to the owners of the bridge as an asset productive of revenue.
For the purposes of this subsection a bridge is not to be treated as an asset productive of revenue unless at the time when the bridge is transferred by virtue of this section—
(a)a contract is in force under which payments have been made or will accrue to the owners in respect of the use of the bridge; or
(b)the bridge includes a building constructed or adapted for use by the owners for the purposes of their undertaking or for letting to some other person.
(6)Where a bridge transferred to the[F9trunk road authority] by virtue of this section carries the highway over a railway, canal, way or other works used for the purposes of an undertaking carried on by the owners, then, so long as those works are so used—
(a)the [F10authority] shall, before entering on any land of the owners for the purpose of executing works for the maintenance, improvement or alteration of the bridge, give notice to the owners specifying the general nature of the works proposed to be executed;
(b)except with the consent of the owners, the [F10authority] shall not reduce the headway or any span of the bridge; and
(c)if the headway of the bridge is reduced in consequence of subsidence due to mining operations, or of works carried out by the owners for the purpose of raising the railway, canal, way or other works to a level not higher than their level before the subsidence occurred, the [F10authority] shall, if so required by the owners, raise the bridge so far as may be necessary to give the same headway as before the subsidence occurred.
(7)A consent required for the execution of works by the [F11trunk road authority] under subsection (6) above shall not be unreasonably withheld, and any question whether the withholding of such a consent is unreasonable shall be determined by arbitration.
(8)Any dispute between the [F12trunk road authority] and any person as to the property or liabilities transferred by virtue of this section, or as to the liability imposed on the [F12trunk road authority] by subsection (6)(c) above to carry out works, shall be determined by arbitration.
(9)This section applies to all bridges (not being highways maintainable at the public expense) which carry the highway over a railway or highway or over a canal, river, watercourse, marsh or other place where water flows or is collected or over a ravine or other depression, other than—
(a)swing bridges,
(b)bridges which carry a railway as well as a highway, and
(c)bridges to which a right to levy tolls is attached;
but this section does not apply to Rochester Bridge.
(10)In this section—
“bridge” includes so much of the approaches thereto as supports or protects the surface of the trunk road;
“owners”, in relation to a bridge, means the persons who immediately before the transfer of the bridge to the [F13trunk road authority]were responsible for the maintenance of it, and includes any persons who, in pursuance of any agreement with the persons so responsible, were then discharging that responsibility on their behalf.
Textual Amendments
F1Words in s. 266 heading inserted (5.3.2015) by Infrastructure Act 2015 (c. 7), s. 57(1), Sch. 1 para. 53(8); S.I. 2015/481, reg. 2(a)
F2Words in s. 266(1) inserted (5.3.2015) by Infrastructure Act 2015 (c. 7), s. 57(1), Sch. 1 para. 53(2); S.I. 2015/481, reg. 2(a)
F3Words in s. 266(2) substituted (5.3.2015) by Infrastructure Act 2015 (c. 7), s. 57(1), Sch. 1 para. 53(3); S.I. 2015/481, reg. 2(a)
F4Words in s. 266(3) substituted (5.3.2015) by Infrastructure Act 2015 (c. 7), s. 57(1), Sch. 1 para. 53(4)(a); S.I. 2015/481, reg. 2(a)
F5Word in s. 266(3) substituted (5.3.2015) by Infrastructure Act 2015 (c. 7), s. 57(1), Sch. 1 para. 53(4)(b); S.I. 2015/481, reg. 2(a)
F6Words in s. 266(4) substituted (5.3.2015) by Infrastructure Act 2015 (c. 7), s. 57(1), Sch. 1 para. 53(5); S.I. 2015/481, reg. 2(a)
F7Words in s. 266(5) substituted (5.3.2015) by Infrastructure Act 2015 (c. 7), s. 57(1), Sch. 1 para. 53(6)(a); S.I. 2015/481, reg. 2(a)
F8Words in s. 266(5) substituted (5.3.2015) by Infrastructure Act 2015 (c. 7), s. 57(1), Sch. 1 para. 53(6)(b); S.I. 2015/481, reg. 2(a)
F9Word in s. 266(6) substituted (5.3.2015) by Infrastructure Act 2015 (c. 7), s. 57(1), Sch. 1 para. 53(6)(a); S.I. 2015/481, reg. 2(a)
F10Word in s. 266(6) substituted (5.3.2015) by Infrastructure Act 2015 (c. 7), s. 57(1), Sch. 1 para. 53(6)(b); S.I. 2015/481, reg. 2(a)
F11Words in s. 266(7) substituted (5.3.2015) by Infrastructure Act 2015 (c. 7), s. 57(1), Sch. 1 para. 53(7); S.I. 2015/481, reg. 2(a)
F12Words in s. 266(8) substituted (5.3.2015) by Infrastructure Act 2015 (c. 7), s. 57(1), Sch. 1 para. 53(7); S.I. 2015/481, reg. 2(a)
F13Words in s. 266(10) substituted (5.3.2015) by Infrastructure Act 2015 (c. 7), s. 57(1), Sch. 1 para. 53(7); S.I. 2015/481, reg. 2(a)
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: