Local Government Act, 1946

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.