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24 1946

LOCAL GOVERNMENT ACT, 1946

PART IV.

Construction and Reconstruction of Bridges, Viaducts and Tunnels.

Definitions for Part IV.

43. —In this Part of this Act—

the expression “the bridge” means the bridge, viaduct or tunnel to which the bridge order relates;

the expression “the bridge order” means the relevant order applied for under section 44 of this Act or made under section 48 of this Act;

any reference to the construction of the bridge includes a reference to any consequential construction or reconstruction of a road, or part of a road, in the neighbourhood of the bridge;

the expression “the executing authority” means the road authority directed under section 50 of this Act to execute the work;

the expression “the inquiry” means the local inquiry caused pursuant to section 47 of this Act to be held after consideration of the preliminary report;

the expression “the plans” means the plans, as approved of under section 51 of this Act by the Minister, for executing the work;

the expression “the preliminary report” means the preliminary report relating to the bridge order furnished pursuant to a direction under section 46 of this Act;

any reference to the reconstruction of the bridge includes a reference to any consequential reconstruction or construction of a road, or part of a road, in the neighbourhood of the bridge;

the expression “the work” means the construction or reconstruction of the bridge.

Application for bridge order.

44. —(1) Where a road authority are of opinion that the construction or reconstruction of a bridge forming part of a road, viaduct forming part of a road or tunnel through which a road passes or is intended to pass (including any such bridge, viaduct or tunnel wholly or partly outside their functional area) is expedient for the purpose of improving road communications between places within their functional area or between places within and places outside that area or for the purpose of improving road communications through that area, they may apply to the Minister for an order providing for such construction or reconstruction (as the case may be).

(2) The making of the application for the bridge order shall be a reserved function.

(3) The application for the bridge order shall state the nature of the work and the manner in which road communications will be improved thereby and may make proposals for the defraying of the expenses of the work and of the maintenance of the bridge by two or more road authorities.

Appointment of joint committee of road authorities to consider proposals for an application for a bridge order etc.

45. —(1) Any two or more road authorities may, by resolution under this section passed by each of such authorities, establish a joint committee of their members to consider proposals for an application for a bridge order to be made by any one of such road authorities and to facilitate the obtaining of the consent of every such road authority to the terms of such an application.

(2) A resolution passed under this section by each of several road authorities shall state—

(a) the general character and purpose of the work,

(b) the number of members from each such road authority who are to be members of the joint committee established by the resolution, and

(c) the manner in which the expenses incurred by such joint committee are to be defrayed by the several road authorities.

(3) A joint committee of two or more road authorities established by a resolution under this section shall consider proposals for the application in respect of which they are so established and shall furnish to each such road authority a report setting out the terms in which, in their opinion, such application should be made and, for the purposes of such consideration and report, section 54 of this Act shall apply as if the committee were a road authority.

(4) The expenses incurred by a joint committee established under this section by two or more road authorities shall be defrayed by such authorities in the manner specified in the resolution establishing such committee.

(5) A harbour authority, within the meaning of the Harbours Act, 1946 (No. 9 of 1946) shall be deemed, for the purposes of this section, to be a road authority.

Preliminary report.

46. —(1) The Minister may direct the road authority which made the application for the bridge order or any other road authority to prepare and furnish to him a preliminary report on any matters which he considers should be examined before the application is granted or refused, including, in particular, any of the following matters :

(a) the feasibility of the work,

(b) the probable cost of the work,

(c) the manner in which the work can best be executed,

(d) where the work is the construction of the bridge, the best situation for the bridge.

(2) The Minister shall not give a direction under subsection (1) of this section to a road authority who did not make the application for the bridge order save after consultation with that road authority.

(3) Where the Minister gives a direction under subsection (1) of this section to a road authority, he shall cause notice of the direction to be given by post to every, if any, other road authority by whom expenses of the work are proposed in the application for the bridge order to be defrayed.

(4) A road authority to whom a direction is given under subsection (1) of this section shall—

(a) comply with the direction,

(b) make any investigations (including, in particular, surveys, tests and trial borings) which they consider necessary for the purposes of preparing the preliminary report or which the Minister, whether before or after the making of the preliminary report, requires them to make,

(c) as regards any such investigation which the Minister requires them to make, inform the Minister of the results thereof.

Local inquiry.

47. —(1) After consideration of the preliminary report, the Minister may cause a local inquiry to be held to consider the work, the preliminary report and any information relating to the work given to the Minister pursuant to paragraph (c) of subsection (4) of section 46 of this Act.

(2) The Minister shall cause not less than seven days' notice of the inquiry to be given by post to—

(a) the road authority which applied for the bridge order, and

(b) every other road authority which in his opinion is likely to be affected by the making of the bridge order, and

(c) in case the bridge order relates to a bridge or viaduct over or a tunnel under a railway or navigable water (including a canal), the Minister for Industry and Commerce.

Making of bridge order.

48. —(1) Subject to subsections (2) and (4) of this section, the Minister may make the bridge order in such terms as he thinks proper.

(2) The Minister shall not make the bridge order unless, either—

(a) every road authority to which the bridge order applies has consented to such application, or

(b) the following things have been done—

(i) a preliminary report has been prepared and furnished under section 46 of this Act, and

(ii) a local inquiry has been held under section 47 of this Act, and

(iii) every road authority to which the order applies was given notice of the inquiry, and

(iv) the Minister has considered the report of the inquiry.

(3) The giving by a road authority of consent to the application to such road authority of a bridge order shall be a reserved function.

(4) When the bridge order relates to a bridge or viaduct over or a tunnel under a railway or navigable water (including a canal), the Minister shall not make such order save with the consent of the Minister for Industry and Commerce.

Refusal of application for bridge order.

49. —(1) The Minister may refuse the application for the bridge order at any stage of the application, that is to say, after the making of the application, after consideration of the preliminary report or after consideration of the report of the inquiry.

(2) Where the Minister refuses the application for the bridge order after consideration of the preliminary report or the report of the inquiry, he may by order require a contribution towards the expenses of the preliminary report (including the expenses of the making of the investigations referred to in section 46 of this Act) to be made to the road authority who prepared the preliminary report by any other road authority.

(3) Where a contribution is required under subsection (2) of this section to be made to a road authority by another road authority, the first-mentioned authority may recover the contribution from such other authority as a simple contract debt in any court of competent jurisdiction.

Executing authority.

50. —(1) The bridge order shall contain a direction to a road authority to execute the work in accordance with the bridge order and this Part of this Act.

(2) The bridge order may contain instructions to be carried out or conditions to be complied with by the executing authority.

The plans.

51. —(1) The executing authority shall prepare plans for carrying out the work and submit them to the Minister.

(2) When plans are submitted to the Minister under subsection (1) of this section, the Minister may—

(a) approve such plans, or

(b) require the executing authority to modify such plans (whether by addition, omission or variation) in a specified manner, or

(c) require the executing authority to prepare new plans.

(3) Where plans are submitted to the Minister under subsection (1) of this section and the bridge order contains a requirement under section 53 of this Act of a contribution by any road authority—

(a) the Minister shall cause a copy of such plans to be given by post to that authority and shall request them to consider such plans and, if they so desire, to send to him within a specified time their observations thereon,

(b) the Minister shall not exercise the powers conferred on him by subsection (2) of this section until he has considered any observations on such plans which that authority may send to him within the time so specified.

(4) Where the Minister requires under subsection (2) of this section the executing authority to modify plans, the executing authority shall modify such plans in accordance with the requisition and re-submit them to the Minister and thereupon subsections (2) and (3) of this section shall apply as if such plans were being submitted to the Minister for the first time.

(5) Where the Minister requires under subsection (2) of this section the executing authority to prepare new plans, the executing authority shall prepare such plans and submit them to the Minister and thereupon subsections (2) and (3) of this section shall apply as if the submission were a first submission of plans.

Execution of the work.

52. —(1) The executing authority shall execute the work in accordance with the bridge order, the plans and this Part of this Act.

(2) Notwithstanding subsection (1) of this section, the executing authority may, in executing the work, make a departure from the plans if the Minister consents thereto.

(3) For the purpose of complying with this section, the executing authority may perform functions outside their functional area, and accordingly they shall have and may exercise outside their functional area every power (including, in particular, power to acquire land) which a road authority have and may exercise within their functional area for the purpose of the construction and maintenance of roads.

Contribution to expenses.

53. —(1) The bridge order may contain a provision requiring a contribution towards either or both of the following, that is to say :

(a) the expenses of the work (including the expenses of the preparation of the preliminary report and the making of the investigations referred to in section 46 of this Act),

(b) the expenses to be incurred in relation to the bridge at any time after the execution of the work,

to be made to the road authority incurring such expenses by any other road authority.

(2) A contribution required under subsection (1) of this section may be stated in the bridge order as a fixed sum or by reference to a named proportion of the expenses in question and may be specified as being payable in one sum or by instalments.

(3) The Minister may by order vary a contribution required under subsection (1) of this section.

(4) Where a contribution or an instalment of a contribution is required under subsection (1) of this section to be made to a road authority by another road authority, the first-mentioned authority may recover the contribution or instalment from such other authority as a simple contract debt in any court of competent jurisdiction.

Entry on land, etc.

54. —(1) Any officer or agent of a road authority, who is duly authorised in that behalf by the authority, may, subject to the provisions of this section and without prejudice to any other power, enter on any land between the hours of 9 a.m. and 6 p.m. on any day for the purposes of performing any duty imposed on the authority by this Part of this Act.

(2) A person entering on land under this section may do thereon all things reasonably necessary for the purpose for which the entry is made and, in particular, may survey, make plans, take levels, set up gauges to record the flow of water, make excavations and examine the depth and nature of the subsoil.

(3) Before a person enters under this section on any land, the road authority on whose authority the entry is proposed to be made shall either obtain the consent (in the case of occupied land) of the occupier or (in the case of unoccupied land) of the owner or shall give by post to the occupier or owner (as the case may be) not less than twenty-one days' notice of the intention to make the entry.

(4) A person to whom a notice of intention to enter on land has been given under this section by a road authority may, not later than twenty-one days after the giving of the notice, apply to the justice of the District Court having jurisdiction in the district in which the land is situate, on notice to the road authority, for an order prohibiting the entry, and, upon the hearing of the application, the justice may, if he so thinks proper, either wholly prohibit the entry or specify conditions to be observed by the person making the entry.

(5) Where a justice of the District Court prohibits under this section a proposed entry on land, it shall not be lawful for any person to enter under this section on the land, and where a justice of the District Court specifies under this section conditions to be observed by persons entering on land, every person who enters under this section on the land shall observe the conditions as specified.

(6) A person who suffers damage by anything done under this section on any land and, within one month after such thing is done, makes to the road authority on whose authority the land was entered under this section a claim for compensation in respect of the damage shall be entitled to be paid by the authority reasonable compensation for the damage and, in default of being paid such compensation when the amount thereof has been agreed upon or has been determined under this section, to recover it from the road authority in any court of competent jurisdiction as a simple contract debt.

(7) In default of agreement, the amount of any compensation payable by a road authority under this section shall, if the amount claimed in respect thereof does not exceed twenty pounds, be determined by the District Court or, in any other case, be determined by arbitration under the Acquisition of Land (Assessment of Compensation) Act, 1919 (as amended by subsequent enactments) as if the compensation were the price of land compulsorily acquired.

(8) A justice of the District Court when making any order under this section (including the refusal of an application) may at his discretion order the costs, to an amount not exceeding three guineas, incurred in relation to the proceedings by any party thereto to be paid by any other party thereto.

(9) Every person who, by act or omission, wilfully obstructs an officer or agent of a road authority in the lawful exercise of the powers conferred by this section shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding five pounds together with, in the case of a continuing offence, a further fine not exceeding one pound for every day on which the offence is continued.

Transfer to executing authority of certain powers and duties.

55. —(1) On the completion of the work, any powers and duties of a road authority other than the executing authority in relation to the bridge shall be transferred to the executing authority.

(2) Where a road authority other than the executing authority have powers and duties (exclusive of powers and duties under this Part of this Act) in relation to any portion of road adjoining the bridge, the Minister may by order transfer those powers and duties to the executing authority with effect as from the completion of the work.

(3) Nothing in this section shall be construed as affecting the right of a road authority to recover a contribution or an instalment of a contribution from another road authority under section 53 of this Act.

Application of certain portions of Part IV to harbour authorities.

56. —(1) Whenever a harbour authority are authorised by a harbour works order under Part VIII of the Harbours Act, 1946 (No. 9 of 1946) to construct or maintain the bridge—

(a) this Part of this Act (except sections 58 , 60 and 61 ) shall have effect as if such harbour authority were a road authority,

(b) subsection (1) of section 53 of this Act shall have effect as if the expenses incurred by such harbour authority under the Harbours Act, 1946 , in obtaining the harbour works order were part of the expenses of the work.

(2) The Minister shall not by virtue of this section do any of the following things save with the consent of the Minister for Industry and Commerce, that is to say :—

(a) include in the bridge order a direction under section 50 of this Act to a harbour authority to execute the work;

(b) include in the bridge order a requirement under subsection (1) of section 53 of this Act of a contribution to be made by a harbour authority;

(c) in a case where the application for the bridge order is made by a road authority other than a harbour authority and is refused require under subsection (2) of section 49 of this Act a contribution to be made by a harbour authority;

(d) vary under subsection (3) of section 53 of this Act a contribution to be made by a harbour authority under subsection (1) of the said section.

(3) In this section the expression “harbour authority” has the same meaning as in the Harbours Act, 1946 .

Application of certain portions of Part IV to person other than road authority.

57. —(1) Where a person other than a road authority is required by or under any Act to construct or maintain the bridge or a part of the bridge or to pay or contribute to the expenses of such construction or maintenance, the following portions of this Part of this Act shall have effect as if such person were a road authority, that is to say, subsection (3) of section 44 , subsection (3) of section 46 , paragraph (b) of subsection (2) of section 47 , subsection (3) of section 51 , section 53 and section 55 .

(2) Where by virtue of this section the bridge order contains a requirement under subsection (1) of section 53 of this Act of a contribution to be made by a company controlling a railway or canal, the Minister shall not make an order under subsection (3) of that section varying the contribution save with the consent of the Minister for Industry and Commerce.

Classification of expenses incurred under Part IV by a road authority.

58. —(1) Expenses incurred under this Part of this Act by the council of a county or an urban authority shall be regarded as expenses incurred in the construction and maintenance of main roads and every provision for the raising of expenses incurred in the construction and maintenance of main roads, whether by means of rates or borrowing, shall apply accordingly.

(2) Notwithstanding subsection (1) of this section—

(a) if the Minister by order directs that specified expenses incurred under this Part of this Act by the council of a county are to be regarded as expenses incurred in the construction and maintenance of county roads, they shall be so regarded and every provision for the raising of expenses incurred in the construction and maintenance of county roads, whether by means of rates or borrowing, shall apply accordingly, and

(b) if the Minister by order directs that specified expenses incurred under this Part of this Act by an urban authority shall be regarded as expenses incurred in the construction and maintenance of urban roads, they shall be so regarded and every provision for the raising of expenses incurred in the construction and maintenance of urban roads, whether by means of rates or borrowing, shall apply accordingly.

(3) Every provision for the raising of expenses incurred by the corporation of a county borough in the construction and maintenance of roads, whether by means of rates or borrowing, shall apply in relation to expenses incurred under this Part of this Act by such corporation.

Description of work.

59. —The work may be described in the application for the bridge order by means of a general statement of the character and purpose of the work.

General restriction as respects navigable water.

60. —A road authority shall not construct or reconstruct a bridge or viaduct over or a tunnel under a railway or navigable water (including a canal) unless they do so either under this Part of this Act or with the consent of the Minister for Industry and Commerce.

Borrowing for bridge construction.

61. —A sum borrowed by a road authority for the purpose of the construction or reconstruction of a bridge shall not be reckoned as part of the debt of such authority for the purposes of any statutory limitation on borrowing.