SCHEDULE 2Amendments to Transport Act 1962 and Transport Act 1968
Transport Act 1968I2I146
1
Section 11678 (transfer of responsibility for maintenance etc) is amended as follows.
2
In the heading, for “Boards’” substitute “certain”.
3
After subsection (11), insert—
12
Subsection (13) applies if Canal & River Trust is, or but for this section would be, responsible for maintaining—
a
a highway carried by a new bridge over an inland waterway comprised in its undertaking or over any other installation or land used by Canal & River Trust in connection with such an inland waterway, or
b
that highway together with an access highway.
13
Where—
a
the highway at each end of the bridge; or
b
if Canal & River Trust 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.
14
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 the coming into force of the British Waterways Board (Transfer of Functions) Order 2012 (S.I. 2012/1659).
15
Subsections (6) and (7) of this section shall have effect in relation to Canal & River Trust and any such bridge of Canal & River Trust as is mentioned in subsection (12) above as they have effect in relation to a Board.