Humber Bridge Act 2013

Document Number:2013 CHAPTER vi
 
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An Act to amend the constitution of the Humber Bridge Board and to confer new borrowing and other powers on it; to make new provision for the recovery of any deficit of the Board from local authorities in the area; to confer new powers for the setting and revision of tolls and to make other provision for and in connection with the operation of the bridge; and for connected purposes.

WHEREAS—

The Humber Bridge Act 1959 established the Humber Bridge Board (“the Board”) and conferred powers on it to construct and maintain a bridge across the river Humber, together with approach roads and other works:

Further provision was made in relation to the Board and the proposed bridge, in particular to enable financing for the construction of the proposed bridge, by the Humber Bridge Act 1971 and the Humber Bridge Act 1973:

The Board duly borrowed considerable sums of money enabling the proposed bridge, which is now known as the Humber Bridge, to be constructed:

The Humber Bridge was officially opened by Her Majesty the Queen on 17 July 1981:

The Humber Bridge (Debts) Act 1996 enabled the Secretary of State by order to provide that sums payable to the Secretary of State in respect of advances made to it under the Humber Bridge Act 1971 should not be so payable:

The Secretary of State has made a number of orders, most recently the Humber Bridge (Debts) Order 2012 (S.I. 2012/716) , under the Humber Bridge (Debts) Act 1996 , releasing the Board from its obligation to pay the Secretary of State a proportion of principal and interest arising under agreements for the financing of the construction and maintenance of the Humber Bridge:

The Board agreed with the Secretary of State as part of revised financial arrangements agreed in 2012 that the Board should be re-constituted and that certain other changes should be sought to the Humber Bridge Acts 1959 to 1973:

A reduction in the size of the Board was then achieved by the Humber Bridge Board (Membership) Order 2012 (S.I. 2012/1392) made under section 97 of the Humber Bridge Act 1959 but section 97 did not enable appointments to be made to the Board other than by local authorities in the vicinity of the bridge nor other changes to be made to the Humber Bridge Acts 1959 to 1973:

It is expedient that provision should now be made enabling such appointments and revising other aspects of the constitution of the Board:

It is expedient that further general powers should be conferred on the Board:

It is expedient that revised provision should be made in relation to the liability of local authorities to pay for operating deficits of the Board:

It is expedient that new borrowing powers should be conferred on the Board and revised provision made in relation to its use of reserves:

It is expedient that new powers should be conferred on the Board to levy tolls and as respects the revision from time to time of the tolls levied by the Board:

It is expedient to confer powers on the Board in relation to traffic regulation and toll evasion:

It is expedient that the other provisions contained in this Act should be enacted:

The objects of this Act cannot be attained without the authority of Parliament:

In relation to the promotion of the Bill for this Act the Board has complied with the requirements of section 96 of the Humber Bridge Act 1959 (power for Board to apply for further powers, etc):

May it therefore please your Majesty that it may be enacted, and be it 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 Citation and commencement

(1) This Act may be cited as the Humber Bridge Act 2013 and comes into force at the end of 28 days beginning with the day on which this Act is passed.

(2) The Humber Bridge Acts 1959 to 1973 and this Act may be cited together as the Humber Bridge Acts 1959 to 2013.

2 Interpretation

In this Act—

“the 1959 Act” means the Humber Bridge Act 1959;

“the Board” means the Humber Bridge Board incorporated by the 1959 Act;

“the bridge” has the meaning given in section 4 (interpretation) of the 1959 Act;

“constituent authority” means a local authority for the time being authorised to appoint a member or members of the Board; and

“financial year” means any period of 12 months ending on 31 March.

3 Constitution of Board

(1) Members of the Board are in future to be known as directors and any reference in any enactment, agreement or other document to a member of the Board is to be treated as a reference to a director of the Board.

(2) The number of directors of the Board is increased by two and the arrangements made for the appointment of Board directors is further amended as provided for by subsection (3) and Schedule 1.

(3) For sections 6 to 14 and 24 of the 1959 Act (appointment of Board members) , there is substituted the amended versions of those provisions set out in Schedule 1.

4 Indemnity insurance for directors

The Board may subscribe, and pay premiums, for a policy of insurance to indemnify the directors jointly or severally against personal liability arising from an act or omission of the directors or any of them, not being an act or omission—

(a) which the director or directors in question knew to be a breach of the duty owed by that director or those directors;

(b) concerning which, the director was, or directors were, reckless as to whether it was such a breach.

5 Allowances and expenses

The Board may pay to each director of the Board such reasonable allowances and expenses as the Board may from time to time determine.

6 General powers

(1) Subject to the other provisions of the Humber Bridge Acts 1959 to 2013 , the Board may:

(a) do anything which appears to the Board to be necessary or desirable for the purpose of, or in connection with, the maintenance, operation, management, improvement, repair and renewal of the bridge;

(b) promote, or participate with others in the promotion of, the...

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