Tay Road Bridge Order Confirmation Act 1991 (c. iv)

Extract

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Tay Road Bridge Order Confirmation Act 1991 (c. iv)

An Act to confirm a Provisional Order under the Private Legislation Procedure (Scotland) Act 1936 , relating to Tay Road Bridge.

[9 th May 1991]

WHEREAS the Provisional Order set forth in the Schedule hereunto annexed has been made by the Secretary of State under the provisions of the [1936 c. 52.] Private Legislation Procedure (Scotland) Act 1936 , and it is requisite that the said Order should be confirmed by Parliament:

Be it therefore enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

1 Confirmation of Order in Schedule

The Provisional Order contained in the Schedule hereunto annexed is hereby confirmed.

2 Short title

This Act may be cited as the Tay Road Bridge Order Confirmation Act 1991.

SCHEDULETay Road Bridge

Provisional Order to re-enact with amendments certain provisions of the Tay Road Bridge Order 1962; to confer further powers upon the Tay Road Bridge Joint Board; and for other purposes.

WHEREAS—

(1) By virtue of the [1962 c. xxxiii.] Tay Road Bridge Order 1962 (hereinafter referred to as the “Order of 1962”) the Tay Road Bridge Joint Board (hereinafter called the “former Joint Board”) were established as provided in the Order of 1962 to construct and maintain the Tay Road Bridge, to take tolls in respect of the use of the said bridge and for other purposes:

(2) The said bridge was duly constructed and the works and undertaking as defined in the Order of 1962 are now vested in the former Joint Board:

(3) Certain provisions of the Order of 1962 are now spent and it is expedient that there should be established a new Tay Road Bridge Joint Board (hereinafter called the “Joint Board”) and that other provisions of the said Order should be replaced by more up to date and more appropriate provisions and that certain provisions of the said Order should be re-enacted with amendments:

(4) It is expedient that the other provisions of this Order be enacted:

(5) The purposes aforesaid cannot be effected without an Order confirmed by Parliament under the provisions of the [1936 c. 52.] Private Legislation Procedure (Scotland) Act 1936:

Now, therefore, in pursuance of the powers contained in the said Act the Secretary of State orders as follows:—

Part IPreliminary

1 Short title

This Order may be cited as the Tay Road Bridge Order 1991.

2 Interpretation

In this Order, except where the context otherwise requires—

“accommodation facilities” means the accesses, gangways, brackets, fixings, handrails, fittings and other things necessary to permit of the accommodation and the inspection, maintenance and repair from time to time of the water mains together with such other facilities therefor as the water authorities may reasonably require together with the accommodation, things and facilities provided for a public telecommunications operator in pursuance of section 31 (Accommodation for telecommunication apparatus on bridge, etc.) of this Order;

“Act of 1973” means the [1973 c. 65.] Local Government (Scotland) Act 1973;

“authorised works” means the works authorised by the Order of 1962;

“bridge” means the Tay Road Bridge;

“council” means either of the councils;

“councils” means Fife Regional Council and Tayside Regional Council;

“former Joint Board” means the Joint Board established by the Order of 1962;

“Joint Board” means the Joint Board established by this Order;

“level of high water” means the level of mean high-water springs;

“Order of 1962” means the [1962 c. xxxiii.] Tay Road Bridge Order 1962;

“port authority” means the Dundee Port Authority;

“public telecommunications operator” has the meaning assigned to it in section 9 (3) of the [1984 c. 12.] Telecommunications Act 1984;

“roads authorities” means the councils in their capacities of roads authorities;

“the scheme of 1966” means the Scheme approved by the [S.I. 1966/539.] Tay Road Bridge (Scheme) Approval Order 1966;

“the scheme of 1969” means the Scheme approved by the [S.I. 1969/1119.] Tay Road Bridge (Scheme) Approval Order 1969;

“the scheme of 1985” means the Scheme approved by the [S.I. 1985/474.] Tay Road Bridge (Scheme) Approval Order 1985;

“the Tay Road Bridge Orders 1962 to 1985” means the Order of 1962 , the scheme of 1966 , the scheme of 1969 and the scheme of 1985;

“tidal work” means so much of any work authorised by this Order as is on, under or over tidal lands below the level of high water;

“undertaking” means the bridge and any road, quay wall and other property for the time being belonging to the Joint Board;

“water authorities” means the councils in their capacities of water authorities;

“Work No. 1” means Work No. 1 as authorised by and described in section 11 of the Order of 1962;

“Work No. 2” means Work No. 2 as authorised by and described in section 11 of the Order of 1962;

“Work No. 9” means Work No. 9 as authorised by and described in section 11 of the Order of 196...

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