The Railways Act 1993 (Consequential Modifications) (No. 5) Order 1996

2.  At the end of section 116 insert the following subsections —

“(8) Subsection (9) applies if a network owner is, or but for this section would be, responsible for maintaining—

(a) a highway carried by a new bridge over its railway or over any other installation or land used by the network owner in connection with its railway, or

(b) that highway together with an access highway.

(9) Where—

(a) the highway at each end of the bridge; or

(b) if the network owner is also responsible for maintaining any access highway, the highway at each end of the bridge and any access highway,

is a highway maintainable at the public expense, the highway carried by the bridge, together with any access highway, shall be a highway maintainable at the public expense.

(10) In this section—

(a) “access highway”, in relation to a bridge, means a highway giving access to the bridge; and

(b) “new bridge” means a bridge constructed after 31st March 1994.

(11) Subsections (6) and (7) of this section shall have effect in relation to a network owner and any such bridge of the network owner as is mentioned in subsection (8) above as they have effect in relation to a Board.”.