76 Provisions supplementary to section 75.S
(1)Before making or confirming an order or scheme which provides for the construction of a bridge over or a tunnel under navigable waters, the Secretary of State shall take into consideration the reasonable requirements of navigation in the waters affected by the order or scheme.
(2)An order or scheme which provides for the construction of such a bridge shall include such plans and specifications as may be necessary to indicate the position, clearances for the passage of vessels and dimensions of the proposed bridge; and in the case of a swing bridge shall contain such provisions as the Secretary of State considers expedient for regulating its operation.
(3)An order or scheme which provides for the construction of such a tunnel shall include such plans and specifications as may be necessary to indicate the position and dimensions of the proposed tunnel, including the depth thereof below the bed of the sea, river or other navigable waters, as the case may be.
(4)If an objection to an order or scheme proposed to be made or, as the case may be, to an order or scheme made and proposed to be confirmed, is duly made in accordance with Schedule 1 to this Act by
[F1(a)]any navigation authority F2. . . on whom notice is required to be served under paragraph 3 of that Schedule or, as the case may be, paragraph 10 of that Schedule[F3, or
(b)Scottish Water,], on the ground that the bridge or tunnel is likely to obstruct or impede the performance of their [F4or, as the case may be, its] functions under any enactment, or to interfere with the reasonable requirements of navigation in the waters affected by the order, and the objection is not withdrawn, the order shall be subject to special parliamentary procedure and Part IV of that Schedule shall have effect for the purposes of the application of the M1Statutory Orders (Special Procedure) Act 1945 to the order.
Textual Amendments
F1Words in s. 76(4) renumbered (1.4.2002) as s. 76(4)(a) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(2), Sch. 7 para. 14(3)(a) (with s. 67); S.S.I. 2002/118, art. 2(3)
F2Words in s. 76(4) repealed (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(2), Sch. 7 para. 14(3)(b) (with s. 67); S.S.I 2002/118, {art. 2(3)}
F3S. 76(4)(b) and preceding word inserted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(2), Sch. 7 para. 14(3)(c) (with s. 67); S.S.I. 2002/118, art. 2(3)
F4Words in s. 76(4) inserted (1.4.2002) by Water Industry (Scotland) Act 2002 (asp 3), s. 71(2), Sch. 7 para. 14(3)(d) (with s. 67); S.S.I 2002/118, {art. 2(3)}
Marginal Citations
M1 9 & 10 Geo. 6 c.18.