C1Part XII Acquisition, Vesting and Transfer of Land etc.
Transfer of property and liabilities on change of status of highway etc.
266 Transfer to MinisterF1or a strategic highways company of privately maintainable bridges carrying trunk roads.
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 MinisterF2or 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 theF5 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 authorityand 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 theF9trunk 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
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 authoritywere 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.
Pt. XII (ss. 238–271) applied by SI 1986/564, art. 4(2)(a)