Local Government Act, 1955

Bridges, viaducts and tunnels.

40.—(1) Section 52 of the Act of 1946 is hereby amended by the addition of the following subsections:—

“(4) Except where the bridge order relates to the River Shannon the work may be executed notwithstanding that it constitutes or will constitute an interference with any right (including, in particular, a right of navigation, whether or not conferred by statute).

(5) Where the execution of the work has the effect of curtailing or terminating a private right of any person (including, in particular, a right of navigation, whether or not conferred by statute), such person may, within twelve months after completion of the work, make to the executing authority a claim for compensation in respect of such curtailment or termination and he shall be entitled to be paid compensation therefor by the executing authority 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 executing authority in any court of competent jurisdiction.

(6) In default of agreement, the amount of any compensation payable by a road authority under this section shall 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 and the arbitrator shall have jurisdiction to determine whether compensation is, in the circumstances, payable at all.”

(2) Section 53 of the Act of 1946 is hereby amended by the substitution in subsection (3) of “amend the provisions of the bridge order requiring a contribution under” for “vary a contribution required under subsection (1) of”.

(3) Section 55 of the Act of 1946 is hereby amended by the substitution of the following subsections for subsection (2):—

“(1A) (i) Subsection (1) of this section shall not apply in a case with respect to which the Minister, by order made before the completion of the work, excludes the application of that subsection.

(ii) The Minister may, by order made before the completion of the work and having effect as from such completion, transfer to any road authority to which the bridge order applies any powers and duties in relation to the bridge which are powers and duties of any other road authority to which the bridge order applies, and in a case in which such an order is made, the order shall have effect in lieu of subsection (1) of the section.

(2) The Minister may by order transfer, with effect as from the completion of the work, to any road authority to which the bridge order applies any powers and duties (exclusive of powers and duties under this Part of this Act) in relation to any portion of road adjoining the bridge which are powers and duties of any other road authority to which the bridge order applies.”

(4) Section 56 of the Act of 1946 is hereby amended by the substitution of the following paragraphs for paragraph (d) of subsection (2):—

“(d) amend under subsection (3) of section 53 of this Act a provision of the bridge order requiring a contribution to be made to or by a harbour authority;

(e) make an order under subsection (1A) or subsection (2) of section 55 of this Act transferring to a harbour authority any powers or duties of a road authority.”

(5) Section 57 of the Act of 1946 is hereby amended by the substitution of the following subsection for subsection (2):—

“(2) where by virtue of this section the bridge order applies to a company controlling a railway or canal, the Minister shall not by virtue of this section do either of the following things save with the consent of the Minister for Industry and Commerce, that is to say:

(a) amend under subsection (3) of section 53 of this Act a provision of the bridge order requiring a contribution to be made to or by the company;

(b) make an order under subsection (1A) or subsection (2) of section 55 of this Act transferring to the company any powers or duties of a road authority.”