Can National Rail offload liability to non statutory body?

[Hugh Pratt]

Need help on repair duty on out of commission, historic, BR bridges and tunnels etc.

I was told, in 2008, that there is a Statutory provision that Railtrack, or BRB Residuary – the former owners, cannot off load the property/liability other than to a Statutory Body ie not a private person.

This is to stop Railtrack selling property to a person who dies/ disappears or fails to maintain the structure and so leave the Public at risk. Of course, if Railtrack sell to a statutory body such as a County Council it is assumed that the Council will still permanently exist and have assets to pay for or upkeep the structure

Do you know this Statute provision please?

Many thanks!

 

[The exile]

Need help on repair duty on out of commission, historic, BR bridges and tunnels etc.

I was told, in 2008, that there is a Statutory provision that Railtrack, or BRB Residuary – the former owners, cannot off load the property/liability other than to a Statutory Body ie not a private person.

This is to stop Railtrack selling property to a person who dies/ disappears or fails to maintain the structure and so leave the Public at risk. Of course, if Railtrack sell to a statutory body such as a County Council it is assumed that the Council will still permanently exist and have assets to pay for or upkeep the structure

Do you know this Statute provision please?

Many thanks!

No - but it sounds like a remarkably sensible provision (so therefore probably doesn’t exist!). If only we’d had it from about 1960 onwards.

 

[Doctor Fegg]

A similar issue was touched on in an earlier thread:

GWSR Broadway to Honeybourne redundant track bed

News from the GWSR today This section of the old line is owned by Railway Paths Limited (RPL), which is in effect a subsidiary of Sustrans the national cycling charity. This section of line was one of a number of such redundant railway lines which were transferred to RPL by the Department for...

www.railforums.co.uk

Railway Paths Ltd had wanted to dispose of an (ex-BRB) trackbed to a preserved railway. DfT refused permission, saying it would have to go to a County Council who could undertake to keep the road bridges in good repair.

 

[DelW]

The bridges which have been controversially infilled (Great Musgrave and others) fall within the Historic Railway Estate, a part of National Highways (previously Highways England and Highways Agency).

Railtrack went into liquidation and ceased to operate the rail network in 2002. A residual part of the company existed legally until 2010.

 

[Confused52]

Might the Railway Heritage Act 1996 be what you are after?

 

[Hugh Pratt]

Thanks - I will check and report back. Hugh

2016 Act “railway infrastructure” consists of the items described as “network”, “station” and “track”, in section 83 of the Act(19), but excludes such items—

.............which consist of, or are situated on, networks reserved mainly for local, historical or touristic use; and....

Seems that the 2016 Act excludes - still looking Hugh

Thanks , but the 1996 Act seems not to be current and not relevant, as attached. Any other thoughts? Hugh

Seems to be Section 268(3) & (4) Applies of 1980 Act. Page 312 in latest version



268 Transfer of property and liabilities in connection with special roads etc.



3) No order relating to a trunk road under section 14 above shall provide for transferring to any authority (except by agreement with that authority) any bridge over or tunnel under the trunk road, as distinct from the highway carried by the bridge or through the tunnel, and from any approaches to the bridge or tunnel.

Seems to say - no transfer to a non "authority"

Regards

Hugh

 

[Confused52]

Thanks - I will check and report back. Hugh

2016 Act “railway infrastructure” consists of the items described as “network”, “station” and “track”, in section 83 of the Act(19), but excludes such items—

.............which consist of, or are situated on, networks reserved mainly for local, historical or touristic use; and....

Seems that the 2016 Act excludes - still looking Hugh

Thanks , but the 1996 Act seems not to be current and not relevant, as attached. Any other thoughts? Hugh

Seems to be Section 268(3) & (4) Applies of 1980 Act. Page 312 in latest version



268 Transfer of property and liabilities in connection with special roads etc.



3) No order relating to a trunk road under section 14 above shall provide for transferring to any authority (except by agreement with that authority) any bridge over or tunnel under the trunk road, as distinct from the highway carried by the bridge or through the tunnel, and from any approaches to the bridge or tunnel.

Seems to say - no transfer to a non "authority"

Regards

Hugh

Section 268 relates to special roads, which I think is jargon for Motorways under the control of the SoS and not a local highway authority; the prohibition of transfer would be rational because of the need for maintenance funding by agreement. Why are you looking at the Highways Acts?

The BRB ceased to exist with the final annual report here:

British Railways Board financial report 29 September 2013

British Railways Board's statement of accounts for the period ending 29 September 2013.

www.gov.uk

The report states "On abolition, the Burdensome Estate transferred to the Secretary of State for Transport, with day to day management of the estate being undertaken by the Highways Agency on the Secretary of State’s behalf."

Artefacts which are designated under section 3 of the 1996 Act are protected in the way your original question described. That protection applies to those things in the possession of the SoS since that act applies to him. The question is whether the artefact with which you are concerned id a designated artefact.

Have you ascertained from the Land Registry who is the owner concerned? It will not appear in the list of Government Land, which is published regularly, if it is not available for disposal.

See also the order for BRB abolition which contains a schedule with property transferred:

The Public Bodies (Abolition of BRB (Residuary) Limited) Order 2013

This Order transfers the statutory functions of BRB (Residuary) Limited to the Secretary of State and Network Rail (Assets) Limited, abolishes BRB (Residuary) Limited and provides for the removal of BRB (Residuary) Limited’s name from the register of companies (articles 3 and 4).

www.legislation.gov.uk

 

[snowball]

Section 268 relates to special roads, which I think is jargon for Motorways under the control of the SoS and not a local highway authority; the prohibition of transfer would be rational because of the need for maintenance funding by agreement.

Slightly OT for a rail forum, but a special road is a road subject to restrictions on the type of traffic, which means a motorway in most cases; though there are a few non-motorway special roads, more in Wales and Scotland than England; for example, the A1 from Dunbar to near Edinburgh, and a stretch of the A55 through Colwyn Bay and the Conwy tunnel.

The term for a road under the control of the SoS and not a local highway authority is a trunk road. Most motorways and other special roads are trunk roads, but again there are a few exceptions.