Transport Act, 1950

Release of the Board from obligation to keep certain canals or parts of canals open for navigation.

56.—(1) In this section—

the word “canal” has the same meaning as in the Regulation of Railways Act, 1873;

the expression “road authority” has the same meaning as in the Local Government Act, 1946 (No. 24 of 1946);

(2) Where a canal belonging to the Board or part of a canal belonging to the Board has not been used for public navigation for three years or more, the Board may apply to the Tribunal for an order under this subsection releasing the Board from the obligation to keep that canal or part (as the case may be) open for navigation, and thereupon the following provisions shall have effect:—

(a) the Board shall publish, in such manner and times as the Tribunal direct, a notice which shall—

(i) set out a copy of the application,

(ii) contain an intimation that any interested party may before a specified date (to be fixed by the Tribunal) submit to the Tribunal objections to the making of the order,

(b) any interested party who objects to the making of the order may, before the said date, send objections in writing to the Tribunal,

(c) if no objections to the making of the order are sent to the Tribunal by any interested party before the said date, the Tribunal shall make the order,

(d) if any objections to the making of the order are sent to the Tribunal by any interested party before the said date, the Tribunal, after considering the objections, shall either—

(i) make the order, or

(ii) refuse to make the order,

(e) if the Tribunal make the order—

(i) the Tribunal shall fix the date on which it is to come into operation,

(ii) the Board shall publish, in such manner and at such time or times as the Tribunal direct, notice of the making of the order,

(iii) as on and from the date on which the order comes into operation that canal or part (as the case may be) shall be deemed to be closed to navigation,

(iv) the order shall operate to release the Board from any obligation to keep that canal or part (as the case may be) open and in a fit condition for navigation, but shall not release the Board from any other obligations (including obligations in regard to drainage or the prevention of flooding) to which the Board may be liable as respects that canal or part (as the case may be),

(v) as respects any bridge over that canal or part (as the case may be), the Board and the road authority, within whose functional area the bridge is situate, may enter into an agreement for the transfer of the bridge and the obligation to maintain it to that road authority, and may carry such agreement into effect.

(3) The functions of a road authority under subsection (2) of this section shall—

(a) in case the road authority is the corporation of a county borough, be a reserved function for the purposes of the enactments relating to that corporation,

(b) in any other case, be a reserved function for the purposes of the County Management Acts, 1940 and 1942.