Page:Toll Roads and Free Roads.pdf/171

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APPENDIX
125

property of any local authority (including any drainage board) or has been acquired by any statutory undertakers for the purposes of their undertaking.

14. (1) Subject to the provisions of this section, a compulsory purchase order under the last foregoing section may authorise a highway authority to acquire compulsorily, subject to such conditions (including conditions as to the persons by whom any works are to be constructed or maintained) as may be imposed by the order, a right upon, under, or over any land which is the property of any local authority (including any drainage board), or has been acquired by statutory undertakers for the purpose of their undertaking, if the acquisition is—

(a) for the purposes of the construction of any bridge (not including the reconstruction or alteration of an existing bridge) upon, under, or over such land or of the approaches to any such bridge; or
(b) for the purposes of any system of road drainage.

(2) A compulsory purchase order for the acquisition of any right for the purposes specified in the last foregoing subsection shall be made subject to such conditions as the Minister, after consultation with the local authority or statutory undertakers from whom the right is to be acquired, considers necessary for securing that the bridge and approaches or the drainage system, as the case may be, to be constructed will be so designed, constructed, and placed as to avoid unreasonable interference with the functions and future development of the local authority or statutory undertakers and shall provide for the bridge and approaches or the drainage system, as the case may be, being constructed and maintained, except so far as may be otherwise agreed, at the expense of the highway authority; Provided, that in the case of any such order authorizing a highway authority to acquire a right for the purpose of substituting a bridge for any level crossing over a railway, the provisions of sections six and seven of the Bridges Act, 1929, shall, as set out with modifications in the Fourth Schedule of this Act, apply with respect to the apportionment of the expenses of the construction and maintenance thereof.

(3) Where by means of a compulsory purchase order a highway authority has acquired from any local authority or statutory undertakers a right for any of the purposes specified in subsection (1) of this section, any additional expense which is thereafter, in consequence of the construction of the bridge or approaches or of the drainage system, as the case may be, incurred by the local authority or statutory undertakers in connection with the widening or alteration upon land which was vested in them before the confirmation of the order of any railway, canal, inland navigation, dock, harbor, works, or apparatus belonging to them, shall be defrayed by the highway authority, and any question whether such additional expense has been so incurred or as to the amount thereof shall, in default of agreement, be determined by arbitration.

(4) A compulsory purchase order for the acquisition of any right for the purposes specified in paragraph (b) of subsection (1) of this section shall be made, subject to such conditions as the Minister considers necessary for securing that no road shall be drained into any watercourse under the control of a drainage board without the consent of that board or into any reservoir, river, canal, dock, harbor, basin, or other work which belongs to or is under the jurisdiction of any local authority or statutory undertakers without their consent. ******* 15. Where land subject to restrictions in force under section one or section two of this Act is acquired by a highway authority by means of an order made under this or any other Act authorizing compulsory purchases of the land, any compensation payable in respect of any estate or interest in the land shall be assessed as if the restrictions were not in force if compensation in respect of injury to that estate or interest occasioned by the restrictions has been paid under this Act neither to the person having that estate or interest nor to any of his predecessors in title.

PARKING PLACES AND MEANS OF ACCESS

16. (1) The powers of a local authority under section sixty-eight of the Public Health Act, 1925 (which relates to the provision of parking places for the purpose of relieving or preventing congestion of traffic) shall include power to provide and maintain buildings for use as parking places, and to provide and maintain underground parking places for the like purpose and also to provide and maintain cloakrooms and other conveniences for use in connection with parking places, and in that section the expression “parking place” be construed accordingly as including such buildings, underground parking places, cloakrooms and other conveniences, so, however, that for the purposes of that section an underground