Transport Act, 1955

Cesser of liability to maintain accommodation works other than bridges, etc.

7.—(1) An order for the abandonment of a railway line shall not affect the liability of the railway company to maintain any works (other than bridges, arches or culverts over or under the railway line) of the kind mentioned in section 68 of the Railways' Clauses Consolidation Act, 1845 .

(2) The railway company may by notice in writing given to the owner and (if a different person) the occupier of land for the accommodation of whom any such works were made terminate its liability as from the date (not being less than one month after the date of the notice nor earlier than the date upon which the abandonment order comes into force) specified in the notice, and the company shall pay to any such owner or occupier compensation for all such injury or damage (if any) as he may sustain by reason of the cesser of such liability.

(3) Subsections (4) and (5) of section 21 of the Act of 1950 shall apply in relation to compensation payable by any railway company under this section and references therein to “the Board” shall accordingly be read as including references to that company.

(4) A notice under this section may be given to a person in any of the following ways:

(a) by delivering it to him,

(b) by leaving it at the address where he ordinarily resides,

(c) by sending it by post in a prepaid registered letter addressed to him at the address where he ordinarily resides, or

(d) by posting it at or near the land concerned.

(5) Paragraph (d) of subsection (4) of section 110 of the Transport Act, 1944 , and paragraph (d) of subsection (3) of section 21 of the Act of 1950 are hereby repealed.