Part XIIE+W Acquisition, Vesting and Transfer of Land etc.

Modifications etc. (not altering text)

C1Pt. XII (ss. 238–271) applied by SI 1986/564, art. 4(2)(a)

Transfer of property and liabilities on change of status of highway etc.E+W

267 Transfer to local highway authorities of privately maintainable bridges carrying special roads.E+W

(1)Where the route prescribed by a scheme under section 16 above authorising the provision of a special road by a local highway authority includes a highway carried by a bridge which, if the special road were a trunk road, would be transferred to the Minister[F1or a strategic highways company,] by virtue of section 266 above, any order under section 18 above by which the highway is appropriated by or transferred to the special road authority may provide for the transfer of the bridge to that authority.

(2)Where a bridge is so transferred to a special road authority, subsections (3) to (8) of section 266 above apply as they apply in relation to a bridge transferred by virtue of that section and accordingly have effect as if, for references therein to the [F2trunk road authority] and to the trunk road there were substituted references to the special road authority and to the special road; and no order shall be made by virtue of section 268 below in respect of liabilities of the owners of the bridge.

(3)In this section “bridge” and “owners” are to be construed in accordance with section 266(10) above, but with the substitution, in the definition of “owners”, of a reference to the special road authority for the reference to the [F3trunk road authority].

Textual Amendments