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Cesser of liability of Board or Fishguard Company to maintain certain road surfaces.
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26.—(1) Where a public road crosses by means of a bridge a railway line owned by the Board or the Fishguard Company and the Board or the Fishguard Company is liable to maintain the road surface on that bridge, the Board may appoint a date (in this section referred to as the appointed date) in respect of that road surface and on the appointed date any liability of the Board or the Fishguard Company to maintain the road surface on the bridge shall cease.
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(2) (a) Subject to paragraph (b), on and from the appointed date the road authority charged with the maintenance of the public road shall be liable to maintain the road surface on the bridge.
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(b) The liability imposed on a road authority by this subsection shall not include liability for any repair of the road surface necessitated by embankment, foundation or abutment failure or by the failure of any part of the structure of the bridge.
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(c) The Board shall pay to the road authority compensation for any expenses which the road authority may incur by reason of the liability imposed on it by this subsection.
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(3) In this section—
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“bridge” includes an approach to a bridge;
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“road surface” includes surfacing, water channels and shores, but does not include the structure of a bridge.
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