Part IV General
Interpretation
37 References to property held or used for transport undertakings, and to powers for railway or tramway purposes.
(1)
References in this Act to a F1streetF1road which crosses or is crossed by property held or used for the purposes of a transport undertaking extend to cases in which the F1streetF1road and the property in question are at different levels as well as to cases in which they are on the same level, but the transport authority shall not be treated as an authority concerned as regards undertakers’ works in such a F1streetF1road, or be entitled to elect themselves to execute any of them, where the property in question consists only of—
(a)
(b)
property underground at such a depth that there is no reasonable possibility of the works’ affecting it;
and the Fourth Schedule to this Act (which requires notice and settling of specifications in connection with transport works which affect apparatus of undertakers) shall not apply where the property in which such works are to be executed is underground at such a depth that there is no reasonable possibility of their affecting the apparatus in question.
(2)
The provisions of this Act relating to a F1streetF1road which crosses or is crossed by property held or used for the purposes of a transport undertaking shall apply to a F1streetF1road which is or forms part of a towing-path or other way running along a canal or inland navigation, being a path or way which, or the subsoil of which, is held or used for the purposes of the canal or inland navigation undertaking.
(3)
References in this Act to a power conferred for purposes of a railway undertaking or a tramway undertaking include references to a power conferred primarily for those purposes but for other purposes also, and references therein to works, or to apparatus held or used, for purposes of a railway undertaking or a tramway undertaking, or for purposes of a railway undertaking, shall be construed in like manner.