Local Government (Roads Functions) Act 2007

Amendment of section 44 (provisions in relation to railway order) of Transport (Railway Infrastructure) Act 2001.

3.— Section 44 (inserted by section 49(b) of the Planning and Development (Strategic Infrastructure) Act 2006 ) of the Transport (Railway Infrastructure) Act 2001 is amended in subsection (2)(b) by substituting “consent of the Minister” for “consent of the Minister in the case of a national road or the Minister for the Environment, Heritage and Local Government in the case of any other public road” and the said subsection (2) (other than paragraph (a) and paragraphs (c) to (i)) is set out in the Table to this section.


(2) Without prejudice to the generality of subsection (1), a railway order may—

(b) specify any rights in, under or over land or water or, subject to the consent of the Minister, in, under or over any public road, the acquisition of which is, in the opinion of the Board, necessary for giving effect to the order,