{
  "url": "https://openlegislation.uk/british-waterways-board-transfer-of-functions-order-2012/schedule-2/paragraph-46",
  "json_url": "https://openlegislation.uk/british-waterways-board-transfer-of-functions-order-2012/schedule-2/paragraph-46.json",
  "legislation": "uksi/2012/1659",
  "legislation_title": "The British Waterways Board (Transfer of Functions) Order 2012",
  "legislation_url": "https://openlegislation.uk/british-waterways-board-transfer-of-functions-order-2012",
  "path": "schedule/2/paragraph/46",
  "kind": "paragraph",
  "number": "46",
  "heading": "Transport Act 1968",
  "text": "(1) Section 116 (transfer of responsibility for maintenance etc) is amended as follows.\n(2) In the heading, for “Boards’” substitute “certain”.\n(3) After subsection (11), insert—\n“(12) Subsection (13) applies if Canal & River Trust is, or but for this section would be, responsible for maintaining—\n(a) a highway carried by a new bridge over an inland waterway comprised in its undertaking or over any other installation or land used by Canal & River Trust in connection with such an inland waterway, or\n(b) that highway together with an access highway.\n(13) Where—\n(a) the highway at each end of the bridge; or\n(b) if Canal & River Trust is also responsible for maintaining any access highway, the highway at each end of the bridge and any access highway,\nis a highway maintainable at the public expense, the highway carried by the bridge, together with any access highway, shall be a highway maintainable at the public expense.\n(14) In this section—\n(a) “access highway”, in relation to a bridge, means a highway giving access to the bridge; and\n(b) “new bridge” means a bridge constructed after the coming into force of the British Waterways Board (Transfer of Functions) Order 2012 (S.I. 2012/1659).\n(15) Subsections (6) and (7) of this section shall have effect in relation to Canal & River Trust and any such bridge of Canal & River Trust as is mentioned in subsection (12) above as they have effect in relation to a Board.”.",
  "extent": "E+W+S+N.I.",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "I",
      "label": "I1",
      "text": "Sch. 2 para. 46 in force at 2.7.2012, see art. 1(2)"
    },
    {
      "type": "I",
      "label": "I2",
      "text": "Sch. 2 para. 30 in force at 2.7.2012, see art. 1(2)"
    },
    {
      "type": "footnote",
      "label": "f1",
      "text": "Section 116 was amended by the Local Government Act 1972 (c. 70), Schedule 30 and S.I. 1996/420 and 2003/1615."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2012/1659/schedule/2/paragraph/46",
    "retrieved_at": "2026-10-29T01:27:34.443558+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}