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DEFENCE OF THE REALM (ACQUISITION OF LAND) ACT 1916 - SECT 6

Provisions as to highways.

6.(1) Where, in the exercise or purported exercise of any prerogative right of
His Majesty or any powers conferred by or under any enactment relating to the
defence of the realm, or by agreement, or otherwise, for purposes connected
with the present war, any railway or tramway or any cable line or pipes have
been laid along, across, over, or under any public highway, it shall be lawful
after the termination of the war for the railway or tramway or the cable line
or pipes to continue to be used and maintained along, across, over, or under
the highway, subject to such conditions as the Board of Trade, in the case of
railways and tramways, and in other cases as the Commission after giving the
local authority and the authority or person responsible for the maintenance of
the highway or of any other railway or tramway laid thereon an opportunity of
being heard, may by order prescribe, and any such authority or person may
apply to the Board or Commission to make such an order:

Provided that where any such railway or tramway crosses the roadway on the
level it shall not be lawful to use the crossing after the expiration of two
years from the termination of the present war without the consent of the
local authority.

(2) In the event of the use of any such railway or tramway being discontinued,
the Government department by whom it was laid down or used shall take up and
remove the rails and restore the highway on which they are laid to the
satisfaction of the authority or person responsible for the maintenance of
such highway.

(3) Where in exercise of any such right or powers as aforesaid any public
highway has been closed, it may be kept closed after the termination of the
present war, but not, by virtue of this section, beyond the expiration of
twelve months after such termination unless the consent of the Commission is
obtained, and the Commission before giving such consent shall give to the
local authority and the authority or person responsible for the maintenance of
the highway an opportunity of being heard, and the Commission may require as a
condition of their consent the provision of another highway in the place of
the highway so closed, and any person interested in any land adjoining any
highway so closed who suffers loss or damage in consequence of the closing
thereof shall be entitled to such compensation as, in default of agreement,
may be determined in manner provided by this Act to be the amount of such loss
or damage.

(4) For the purposes of this section the expression "local authority" means,
in the case of a borough or urban district, the council of the borough or
urban district, and elsewhere the county council.

(5) Where any such railway, tramway, cable line, or pipes have been laid
along, across, over, or under any public highway, or a public highway has been
closed, in pursuance of an agreement with, or subject to any undertaking given
to, the authority or person responsible for the maintenance of the highway,
nothing in this section shall authorise the continuance of the user of the
railway, tramway, cable line, or pipes, or the continuance of the closing of
the highway beyond the time specified in the agreement or undertaking without
the consent of the authority or person so responsible.

S.7 rep. by SLR 1927. S.8 rep. by 1949 c.11 s.8 sch.

© 1916 Crown Copyright

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