Highways Act 1980

Limitations on matters to be dealt with by orders

1 The Minister shall not by an order under section 93 of this Act (hereafter in this Schedule referred to as " an order ") direct that a swing bridge crossing a canal is to be operated otherwise than by the owners of the canal unless he is satisfied, after considering any representations made to him by the owners of the canal, that the facilities for traffic on the canal will not be prejudiced thereby.

2 The Minister shall not by an order with respect to a swing bridge modify any statutory provisions relating to precedence of traffic.

3 The Minister shall not by an order with respect to a bridge crossing a railway or a canal modify any statutory provisions relating to the headway of the bridge or the width of the canal without the consent of the owners of the railway or canal.

4 An order made with respect to—

(a) a bridge owned by railway undertakers which carries a highway over a railway of the undertakers, or carries both a highway and such a railway, or

(b) a bridge owned by dock undertakers or harbour undertakers, or

(c) a bridge, other than one falling within sub-paragraph (a) above, owned by the British Waterways Board and forming part of so much of the undertaking of that Board as corresponds to the undertaking of the Weaver Navigation Trustees prior to the vesting of that undertaking in the British Transport Commission (the predecessors of the British Waterways Board) under the [1947 c. 49.] Transport Act 1947,

shall not, without the consent of the owners of the bridge, either—

(i) require works for the reconstruction or improvement of the bridge to be carried out otherwise than by the owners, or

(ii) direct the bridge to be maintained otherwise than by the owners, or

(iii) transfer the property in the bridge to a highway authority, or

(iv) in the case of a swing bridge, direct the bridge to be operated otherwise than by the owners.

5 Nothing in an order made with respect to—

(a) a bridge owned by railway undertakers and crossing a rail way of the undertakers, or

(b) a bridge owned by canal undertakers and crossing a canal of the undertakers, or

(c) a bridge owned by dock undertakers, or by harbour undertakers, crossing a railway, lock, passage or other work of the undertakers,

shall, without the consent of the owners of the bridge, require the bridge to be altered or reconstructed in such a manner as to necessitate an alteration in the level, or reduction in the width, of the railway, canal, lock, passage or work, or to reduce the headway of the bridge as existing at the date of the order.

6 An order requiring the reconstruction of a bridge crossing a canal, or of the approaches to such a bridge, shall, unless the owners of the bridge agree to the contrary, direct the bridge, the highway carried by the bridge, and the approaches to the bridge to be maintained by a highway authority.