Post Office (Subway) Act 1966
| Jurisdiction | UK Non-devolved |
Post Office (Subway)Act 1966
1966 CHAPTER 25
An Act to authorise the Postmaster General to construct a subway in the City of Birmingham.
[3rd August 1966]
Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
1 Power to construct subway.
(1) The Postmaster General may in accordance with this Act construct and maintain a subway in the City of Birmingham together with such other works, apparatus, machinery and appliances as may in his opinion be necessary or convenient for the purposes of the subway.
(2) The subway shall commence at the north-west corner of the junction of Severn Street and Suffolk Street in the City of Birmingham, shall run north-east below Severn Street and shall terminate at New Street railway station in the junction of Severn Street and Hill Street, the length of the subway being approximately 190 yards.
(3) Subject to the limits of deviation described below, the subway shall be constructed in the line and according to the levels shown on the plan and section (in this Act referred to as ‘the deposited plan’ and ‘the deposited section’) deposited on 15th November 1965 in connection with a Bill which was the same as the Bill for this Act with the Clerk of the Council and in the Office of the Clerk of the Parliaments and the Private Bill Office of the House of Commons; and the other works authorised by this section shall be within those limits of deviation.
(4) In constructing the subway, the Postmaster General may deviate—
(a ) laterally from the centre line of work shown on the deposited plan to any extent within the limits of deviation so shown, and
(b ) from the levels thereof shown on the deposited section upwards to the extent of one foot and downwards to such extent as may be found necessary or desirable.
(5) Part II of the Public Utilities Street Works Act 1950 (which regulates the relations between an authority carrying out road alterations and undertakers whose apparatus is affected by the alterations) shall apply in relation to works authorised by this section—
(a ) as if those works were executed for road purposes and were mentioned in section 21(1)(a ) of that Act,
(b ) as if the promoting authority mentioned in that Act were the Postmaster General, and
(c ) with the omission of subsections (1) and (2) of section 23 (which in certain cases limit the rights exercisable by statutory undertakers against the promoting authority).
(6) Schedule 1 to this Act (which applies provisions corresponding to sections 18, 19 and 21 of the Railways Clauses Consolidation Act 1845 to apparatus and works other than undertakers' apparatus) shall have effect for the purposes of this Act.
2 Power to take subsoil of streets and compensation for injurious affection.
(1) The Postmaster General may enter upon, take, use and appropriate without payment of compensation so much of the subsoil and under-surface of Severn Street, and of the intersections of Severn Street with other streets, being land within the limits of deviation described in section 1(4) above, as may be necessary for the purposes of that section.
(2) The Postmaster General shall be liable to pay such compensation, if any, as would be payable under section 7 or section 10 of the Compulsory Purchase Act 1965 (injurious affection of land not acquired) if the acquisition of land under subsection (1) above were a compulsory purchase to which Schedule 1 to the Acquisition of Land (Authorisation Procedure) Act 1946 applied, and accordingly any dispute arising in relation to the compensation shall be referred to and determined by the Lands Tribunal.
3 Underpinning of buildings.
(1) If in the execution of the works authorised by section 1 of this Act it becomes necessary to do so, the Postmaster General may, and if required by the owner or lessee shall, underpin or otherwise strengthen any building within a hundred feet of the limits of deviation described in section 1(4)(a ) of this Act.
(2) Except in case of emergency, the Postmaster General shall give to the owner, lessee or occupier of a building, or the owner or lessee of a building shall give to the Postmaster General, at least fourteen days' notice in writing of the intention or, as the case may be, requirement to underpin or otherwise strengthen that building under this section, and if within seven days of the giving of such notice the owner, lessee or occupier or, as the case may be, the Postmaster General gives a counter notice in writing that he disputes the necessity of the underpinning or strengthening, the question of necessity shall be settled by arbitration.
(3) The Postmaster General may at any time after the underpinning or strengthening of any building under the foregoing provisions of this section is completed and before the expiration of a period of five years from the completion of the works authorised by section 1 of this Act do such further underpinning or strengthening of the building as he may deem necessary or expedient or, if the owner, lessee or occupier of the building disputes the necessity or expediency, as may be settled by arbitration.
(4) Where any question of necessity or expediency is referred to arbitration under the foregoing provisions of this section and the arbitrator, after inspecting the building, decides that the underpinning or strengthening is necessary or, as the case may be, that the further underpinning or strengthening is necessary or expedient, the arbitrator may, and if so required by the owner, lessee or occupier shall, prescribe the manner in which the underpinning or strengthening is to be executed, and the Postmaster General shall underpin or strengthen the building accordingly.
(5) The Postmaster General shall pay to the owner, lessee and occupier of every building...
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