- Latest available (Revised)
- Point in Time (25/04/1996)
- Original (As enacted)
Version Superseded: 15/07/2003
Point in time view as at 25/04/1996. There are multiple versions of this provision on screen. These apply to different geographical extents.This version of this provision has been superseded.
You are viewing this legislation item as it stood at a particular point in time. status_warning_revised_p22i Sometimes the text of a provision is changed, but the change(s) only apply to a particular geographical area. In some limited cases where this happens, the editorial team create a version for each different geographical area. Multiple versions are only created in this way where the change in question is a substitution so that there are different versions of the text for the different extents. A later version of this provision including subsequent changes and effects supersedes these versions.
There are currently no known outstanding effects for the Transport Act 1968, Section 116.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
(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 [F1London Regional Transport], an inland waterway of the Waterways Board or any other installation or land used by any of those Boards in connection with a railway or inland waterway, and immediately before the appointed day—
(a)the Board or Boards concerned are responsible for maintaining the highway carried by the bridge, or that highway together with the highway giving access to the bridge; and
(b)the highway at each end—
(i)of the bridge; or
(ii)if the Board or Boards are also responsible for maintaining the highway giving access to the bridge, of the bridge and any such highway,
is a highway maintainable at the public expense,
the highway carried by the bridge, together with any such highway as is mentioned in paragraph (b)(ii) of this subsection, shall on that day become a highway maintainable at the public expense.
(2)Any agreement between any of the Boards mentioned in subsection (1) of this section and a highway authority, so far as it provides for that authority to carry out after the appointed day, at the expense of the Board, any maintenance for which the Board cease to be responsible by virtue of that subsection, shall cease to have effect on that day.
(3)Where by virtue of any agreement or order made before the appointed day—
(a)a 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.
F2(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.
[F3(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.
F3(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.
F3(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.
F3(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.]
Extent Information
E1This version of this provision extends to England and Wales only; a separate version has been created for Scotland only.
Textual Amendments
F1Words substituted by virtue of London Regional Transport Act 1984 (c. 32, SIF 126), Sch. 4 Pt. I para. 4(1)
F2S. 116(5) repealed (E.W.) by Local Government Act 1972 (c. 70), Sch. 30
F3S. 16(8)-(11) inserted (20.3.1996) by S.I. 1996/420, art. 2, Sch. para. 2
Modifications etc. (not altering text)
C1S. 116 amended by Transport (London) Act 1969 (c. 35), Sch. 3 para. 1(1)(2)
C3Ss. 116-118 applied (with modifications) (21.5.1992) by S.I. 1992/1267, art. 7.
C4Ss. 116-118 applied (with modifications) (22.6.1993) by S.I. 1993/1607, art. 9 (with arts. 8, 12(2), 13, 14)
C5Ss. 116-118 applied (with modifications) (29.6.1993) by S.I. 1993/1651, art. 3(4) (with arts. 6, 8, 9, 10(2))
Ss. 116-118 applied (with modifications) (26.7.1994) by S.I. 1994/1803, art. 6
Ss. 116, 117 applied (with modifications) (18.12.1996) by 1996 c. 61, s. 3, Sch. 3 para. 13
Ss. 116-118 applied (with modifications) (4.5.1995) by S.I. 1995/1236, art. 3(5)
Ss. 116-118 applied (with modifications) (10.5.1995) by S.I. 1995/1300, art. 3(4)
Ss. 116-118 applied (with modificatios) (21.9.1995) by S.I. 1995/2501, art. 8
Ss. 116-118 applied (with modifications) (16.10.1996) by S.I. 1996/2660, art. 4(7)
Ss. 116-118 applied (with modifications) (23.9.1997) by S.I. 1997/2262, art. 4(3)
Ss. 116-118 applied (with modifications) (9.10.1997) by S.I. 1997/2534, art. 7
Ss. 116-118 applied (with modifications) (21.7.1999) by S.I. 1999/2382, art. 4(2)
Ss. 116-118 applied (with modifications) (4.8.2000) by S.I. 2000/2585, art. 4(2)
Ss. 116-118 applied (with modifications) (12.8.2002) by S.I. 2002/1997, art. 9(1)
C6Ss. 116-119 applied (with modifications) (1.9.1993) by S.I. 1993/2154, art. 3(4)
Ss. 116-119 applied (with modifications) (16.5.2002) by S.I. 2002/1384, art. 3(4) (with arts. 10(2), 11)
(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 [F4London Regional Transport], an inland waterway of the Waterways Board or any other installation or land used by any of those Boards in connection with a railway or inland waterway, and immediately before the appointed day—
(a)the Board or Boards concerned are responsible for maintaining the highway carried by the bridge, or that highway together with the highway giving access to the bridge; and
(b)the highway at each end—
(i)of the bridge; or
(ii)if the Board or Boards are also responsible for maintaining the highway giving access to the bridge, of the bridge and any such highway,
is a highway maintainable at the public expense,
the highway carried by the bridge, together with any such highway as is mentioned in paragraph (b)(ii) of this subsection, shall on that day become a highway maintainable at the public expense.
(2)Any agreement between any of the Boards mentioned in subsection (1) of this section and a highway authority, so far as it provides for that authority to carry out after the appointed day, at the expense of the Board, any maintenance for which the Board cease to be responsible by virtue of that subsection, shall cease to have effect on that day.
(3)Where by virtue of any agreement or order made before the appointed day—
(a)a [F5roads] authority is responsible for maintaining the [F5road]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 [F5road] on that day,
that Board shall not by virtue of that agreement or order be liable to make to that [F5roads] authority in respect of the maintenance of that [F5road] any annual or other periodical payment (not being an instalment of a lump sum) which falls due after that day.
[F6(4)Where paragraphs (a) and (b) of subsection (1) of this section are not satisfied immediately before the appointed day in the case of such bridge as is mentioned in that subsection, or such a bridge as aforesaid is constructed is constructed after that day, then if on any subsequent day—
(a)the Board or Boards concerned are responsible for maintaining the road carried by the bridge, or that road together with the road giving access to the bridge (the “access road”); and
(b)the road at each end—
(i)of the bridge; or
(ii)if the Board or Boards are also responsible for maintaining the access road, of the bridge and the access road,
the road (or roads) for which they are so responsible shall forthwith be entered by the local roads authority in the list of public roads kept by the authority under section 1 of the Roads (Scotland) Act M11984.]
(6)[F7Without prejudice to the provisions of the said Act of 1984,] This section shall not affect the responsibility of any of the Boards for the maintenance of any part of a bridge or its approaches other than the surface of the [F8road], and a [F8road] 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 [F8road] 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 [F8road] 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 [F8road].
(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 [F8road] before the day on which they cease by virtue of this section to be responsible for its maintenance.
[F9(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.
F9(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.
F9(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.
F9(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.]
Extent Information
E2This version of this provision extends to Scotland only; a separate version has been created for England and Wales only.
Textual Amendments
F4Words substituted by virtue of London Regional Transport Act 1984 (c. 32, SIF 126), Sch. 4 Pt. I para. 4(1)
F5Words in s. 116(3) substituted (S.) (1.1.1985) by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 157(2), Sch. 9 para. 66(2)(a)
F6S. 116(4) substituted (S.) for s. 116(4)(5) by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 157(2), Sch. 9 para. 66(2)(b)
F7Words in s. 116(6) inserted (S.) (1.1.1985) by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 157(2), Sch. 9 para. 66(2)(c)(i)
F8Words in s. 116(6)(7) substituted (S.) (1.1.1985) by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 157(2), Sch. 9 para. 66(2)(c)(ii)
F9S. 116(8)-(11) inserted (20.3.1996) by S.I. 1996/420, art. 2, Sch. para. 2
Modifications etc. (not altering text)
C7S. 116 amended by Transport (London) Act 1969 (c. 35), Sch. 3 para. 1(1)(2)
C8Ss. 116, 117 extended by Channel Tunnel Act 1987 (c. 53, SIF 102), ss. 6, 45, Sch. 2 para. 21(4)
C9Ss. 116-118 applied (with modifications) (21.5.1992) by S.I. 1992/1267, art. 7.
C10Ss. 116-118 applied (with modifications) (22.6.1993) by S.I. 1993/1607, art. 9 (with arts. 8, 12(2), 13, 14)
C11Ss. 116-118 applied (with modifications) (29.6.1993) by S.I. 1993/1651, art. 3(4) (with arts. 6, 8, 9, 10(2))
Ss. 116-118 applied (with modidfications) (26.7.1994) by S.I. 1994/1803, art. 6
Ss. 116, 117 applied (with modifications) (18.12.1996) by 1996 c. 61, 3, Sch. 3 para. 13
Ss. 116-118 applied (with modifications) (4.5.1995) by S.I. 1995/1236, art. 3(5)
Ss. 116-118 applied (with modifications) (10.5.1995) by S.I. 1995/1300, art. 3(4)
Ss. 116-118 applied (with modifications) (21.9.1995) by S.I. 1995/2501, art. 8
Ss. 116-118 applied (with modifications) (16.10.1996) by S.I. 1996/2660, art. 4(7)
Ss. 116-118 applied (with modifications) (23.9.1997) by S.I. 1997/2262, art. 4(3)
Ss. 116-118 applied (with modifications) (9.10.1997) by S.I. 1997/2534, art. 7
Ss. 116-118 applied (with modifications) (21.7.1999) by S.I. 1999/2382, art. 4(2)
Ss. 116-118 applied (with modifications) (4.8.2000) by S.I. 2000/2585, art. 4(2)
Ss. 116-118 applied (with modifications) (12.8.2002) by S.I. 2002/1997, art. 9(1)
C12Ss. 116-119 applied (with modifications) (1.9.1993) by S.I. 1993/2154, art. 3(4)
Ss. 116-119 applied (with modifications) (16.5.2002) by S.I. 2002/1384, art. 3(4) (with arts. 10(2), 11)
Marginal Citations
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 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.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
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: