Part VIII Bridges, Level Crossings, etc.
Bridges
E2122 Interpretations of sections 116 to 121.
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.
F45
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.
E1122 Interpretations of sections 116 to 121.
1
Where a railway or an inland waterway passes under a F1road by means of a tunnel, or runs in a cutting over which a F1road 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 F1road 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 F1road 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 F1road 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 F1road.
F24
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F35
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.