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Section 16 Retention of railway, tramway, etc., on highway where highway not stopped up or diverted.C2C1

(1)

Subject to the provisions of this Part of this Act, where, in the exercise of emergency powers or, for war purposes, by agreement or otherwise, any railway or tramway or any cable, wire, main or pipe has been placed along, across, over or under any highway, the Minister of War Transport may, if he is satisfied that in the public interest it is necessary or expedient so to do, by order authorise the railway, tramway, cable, wire, main or pipe to be used and maintained along, across, over or under the highway, unless and until other provision in that behalf is made by or under any Act (whether public general or local), subject, however to such conditions and limitations, if any, as may be specified in the order.

(2)

Any such order may contain such consequential, incidental and supplemental provisions as appear to the Minister to be necessary or expedient for the purposes of the order.

Annotations

Modifications

C1

S. 16 extended by Land Powers (Defence) Act 1958 (c. 30), s. 9(1)(b)(4)

C2

Power to exclude s. 16(E.W.)(S.) given by Requisitioned Land and War Works Act 1948 (c. 17), s. 15(4)(c)

Notes on the whole Act

Textual amendments

F1

Words of enactment omitted under authority of Statute Law Revision Act 1948 (c. 62), s. 3

Notes on Part III

Modifications

C1

Pt. III applied with modifications (N.I.) by Northern Ireland Act 1947 (c. 37), s. 12, Sch. 2

C2

Commission (War Works Commission) dissolved on 1st October 1964: S.I. 1964/1578

C3

Ministry of War Transport dissolved on 1st April 1946 and functions of Minister under Pt. III now exercisable by Secretary of State; S.R. & O. 1946/395 (Rev. XV, p. 229: 1946 I, p. 1009), S.I. 1953/1204 (1953 I, p. 1225), 1955/1955 (1955 I, p. 1205), 1959/1768 (1959 I, p. 1793) and 1970/1681