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Duties of the Board in regard to public roads and bridges.
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33.—(1) Where the Board is empowered by this Act to close, divert, submerge, remove, or otherwise interfere with a public road or bridge for the purpose of the execution of any works (whether in pursuance of an approved scheme or otherwise under this Act), the following provisions shall have effect, that is to say:—
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(a) where the execution of such works involves the closing of such road or bridge to traffic, the Board (unless relieved therefrom under the next following subsection of this section) shall either, as they shall think proper, construct and (while such road or bridge is so closed to traffic) maintain a temporary road or bridge sufficient to carry traffic of such quantity and character as normally uses the said closed road or bridge, or prescribe, with the consent of the Minister for Local Government and Public Health, an alternative route to be used while such road or bridge is so closed to traffic;
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(b) the Board (unless relieved therefrom under the next following subsection of this section) shall, at or before the completion of the execution of such works, do whichever of the following things they shall think proper, that is to say:—
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(i) restore the said closed road or bridge, or
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(ii) after consultation with the Minister for Local Government and Public Health, construct a new permanent road or bridge sufficient to carry the like amount (in quantity and character) of traffic as the said closed road or bridge was, before its closure, able to carry and not substantially less convenient in gradient and curve than the said closed road or bridge, or
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(iii) with the consent of the Minister for Local Government and Public Health, so improve (by reconstruction, strengthening, widening, or otherwise) an existing alternative road or bridge that it will be sufficient to carry the traffic which will be likely to use it and will not be substantially less convenient than the said closed road or bridge;
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(c) where the Board constructs a permanent road and such road is, in the opinion of the Minister for Local Government and Public Health, substantially an improvement of a pre-existing road, such local authority or local authorities as the said Minister shall direct shall bear and pay to the Board such portion of the cost of the construction of such road and (in the case of two or more such authorities) in such proportions as the said Minister shall direct;
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(d) where the construction of a new road by the Board involves the construction of an embankment or similar work or of a bridge and the Minister for Local Government and Public Health is of opinion that portion of the cost of the maintenance of such work or bridge (other than the road surface) should be borne by the Board, the Board shall bear and pay such portion of the said cost of maintenance as the said Minister shall direct;
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(e) where the Board constructs a permanent new bridge and such bridge confers substantially greater advantages on the public of any county or urban district than the original bridge, whether by affording an improved means of communication or otherwise, the Board shall certify the cost of such new bridge and the Minister for Local Government and Public Health shall certify what part of such cost, in his opinion, ought reasonably to be borne by the council of such county or urban district, and thereupon a sum equal to the part so certified of such cost shall be raised by such council as part of the expenses of road maintenance and shall be paid by such council to the Board;
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(f) if any doubt, dispute, or question shall arise as to whether the Board, in the construction or maintenance of any temporary road or bridge or the construction of any permanent road or bridge or the restoration of an existing road or bridge or the improvement of an existing alternative road or bridge (as the case may be) pursuant to this section have complied with the relevant provisions of this section, or as to whether a permanent new bridge constructed by the Board confers substantially greater advantages on the public of any county or urban district than the original bridge, such doubt, dispute, or question shall be decided by the Minister for Local Government and Public Health whose decision shall be final and conclusive.
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(2) Where the Board is empowered by this Act to close, submerge, or remove permanently a public road or bridge for the purpose of the execution of any works (whether in pursuance of an approved scheme or otherwise under this Act) and the Minister, after consultation with the Minister for Local Government and Public Health, is satisfied that, having regard to all the circumstances of the case, a new road or bridge (as the case may be) in lieu of the road or the bridge so closed, submerged, or removed is not required, the Minister may by order declare that the foregoing subsection of this section shall not apply or have effect in relation to such road or bridge (as the case may be), and upon such order being made the said foregoing subsection shall not apply or have effect in relation to such road or bridge (as the case may be) and the Board shall be relieved from all obligations in relation to such road or bridge (as the case may be) which, but for such order, would be imposed on them by the said foregoing subsection.
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(3) The Board may agree with the appropriate local authority for the doing by such local authority of anything which the Board is required or authorised by subsection (1) of this section to do and may further agree to make to such local authority payment for or towards the cost of the doing of such thing by such local authority.
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(4) When the Board has completed in pursuance of this section the restoration of a closed road or bridge or the construction of a new permanent road or bridge or the improvement of an existing alternative road or bridge, the Board shall hand over to the appropriate local authority and such local authority shall accept the road or bridge so restored, constructed, or improved (as the case may be), and thereupon the Board shall be permanently relieved (save as is otherwise expressly provided by this section) from all liability or responsibility for the maintenance of such road or bridge (as the case may be).
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