Tamar Bridge Act 1998

Part I Preliminary

1 Short and collective titles

(1) This Act may be cited as the Tamar Bridge Act 1998.

(2) The Tamar Bridge Acts 1957 and 1979 and this Act may be cited together as the Tamar Bridge Acts 1957 to 1998.

2 Interpretation

(1) In this Act unless the context otherwise requires—

• “the Act of 1957” means the [1957 c. xxviii.] Tamar Bridge Act 1957;

• “the Act of 1961” means the [1961 c. 33.] Land Compensation Act 1961;

• “the Act of 1965” means the [1965 c. 56.] Compulsory Purchase Act 1965;

• “the Act of 1981” means the [1981 c. 67.] Acquisition of Land Act 1981;

• “the Act of 1991” means the [1991 c. 22.] New Roads and Street Works Act 1991;

• “the Authorities” means the city council and the county council and includes either council;

• “the bridge” means the existing bridge including any strengthening, widening, improvement, alteration, extension, renewal, reconstruction or replacement thereof and any carriageways, cycletracks and footways thereon, and so much (if any) of any streets and cycletracks giving access thereto within the limits of deviation shown on the deposited plan as may be agreed in writing between the Authorities and the relevant highway authority;

• “the city” means the city of Plymouth;

• “the city council” means the council of the city;

• “the county” means the county of Cornwall;

• “the county council” means the council of the county;

• “the district” means the district of Caradon;

• “the existing bridge” means the fixed bridge over the river with approach roads commencing in the district at a point 162 metres or thereabouts east of the centreline of the overbridge linking North Road and Fore Street and terminating in the city at a point 30 metres or thereabouts west of the centrepoint of the roundabout forming the junction of the Parkway and Pemros Road, and includes all improvements thereto and the carriageway and footways thereon and the toll gates and toll keepers' lodges and offices and other conveniences provided in connection therewith;

• “the ferry” means the Torpoint ferry;

• “the specified work” means the work authorised by section 17 (Power to construct works) of this Act;

• “statutory undertakers” means statutory undertakers within the meaning of section 262 of the [1990 c. 8.] Town and Country Planning Act 1990 and includes any persons who are deemed by that section to be statutory undertakers for any of the purposes mentioned in that section;

• “street” has the meaning given by section 48(1) of the Act of 1991;

• “the Tamar Bridge Acts” means the Tamar Bridge Acts 1957 to 1998;

• “the tribunal” means the Lands Tribunal;

• “the undertaking” means the bridge and the ferry and includes all land and assets of whatever description held by the Authorities for the purposes of the bridge or the ferry;

• “the works” means the specified work and any other works authorised by this Act including any works authorised by or things done under sections 19 (Power to improve bridge) or 20 (Supplementary works powers) of this Act.

(2) The several words and expressions to which meanings are assigned by the Act of 1957 shall have the same respective meanings, subject to any amendments made to those meanings by section 34 (Amendments to Act of 1957) of this Act, unless there is something in the subject or context repugnant to such construction.

3 Application of Act of 1991

Without prejudice to the application of Part III of the Act of 1991 to so much of any works authorised by the Tamar Bridge Acts as are major bridge works within the meaning of that Act, the said Part III shall have effect—

(a) in relation to so much of any works authorised by the Tamar Bridge Acts as are not major bridge works within the definition of the Act of 1991, but would, if executed by the highway authority, be major highway works within the definition of that Act, as if the Authorities were the highway authority; and

(b) in relation to so much of any works authorised by the Tamar Bridge Acts as are not major bridge works within the definition of the Act of 1991, but are of a description which if executed under powers conferred by Part V of the [1980 c. 66.] Highways Act 1980 would be works for road purposes within the definition of the Act of 1991, as if they were executed under powers conferred by the said Part V.