Special Roads Act 1949

8Bridges and tunnels

(1)Where the route prescribed by a scheme under this Act authorising the provision of a special road by a local highway authority includes any road carried by a bridge which, if the special road were a trunk road, would be transferred to the Minister by virtue of section seven of the Trunk Roads Act, 1946 (which relates to private bridges), any order under section three of this Act by which that road is appropriated or transferred to the special road authority may provide, for the transfer of the bridge to that authority.

(2)Where any bridge is so transferred, subsections (2) to (8) of the said section seven shall apply as they apply in relation to a bridge transferred under that section, and accordingly shall have effect—

(a)as if for references therein to the Minister and to the trunk road there were substituted references to the special road authority and the special road ; and

(b)as if in subsection (6) the words " as applied in relation to trunk roads by section four of the principal Act " were omitted ;

and no order shall be made by virtue of subsection (4) of section three of this Act in respect of liabilities of the owners of the bridge.

(3)Provision may be made by a scheme under section one of this Act for the construction as part of a special road of a bridge over any navigable waters specified in the scheme, or of a tunnel under any such waters :

Provided that before making or confirming a scheme providing for the construction of any such bridge or tunnel, the Minister shall take into consideration the reasonable requirements of navigation over the waters affected by the scheme.

(4)A scheme which provides for the construction of any such bridge as is mentioned in subsection (3) of this section shall include such plans and specifications as may be necessary to indicate the position and dimensions of the proposed bridge including the spans, headways and waterways thereof, and in the case of a swing bridge (including any opening bridge operated by mechanical means) shall contain such provisions as the Minister considers expedient for regulating its operation.

(5)A scheme which provides for the construction of any such tunnel as is mentioned in subsection (3) of this section 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.

(6)In this section the expression " owners " has the same meaning as in section seven of the Trunk Roads Act, 1946.