Public Works (Festival of Britain) Act 1949
| Jurisdiction | UK Non-devolved |
| Citation | 1949 c. 26 |
| Year | 1949 |
Public Works (Festival of Britain) Act , 1949
(12, 13 & 14 Geo. 6) CHAPTER 26
An Act to provide, in connection with the Festival of Britain, 1951, for conferring further powers on the British Transport Commission and the London County Council, for the making by the Minister of Transport of grants in respect of expenses incurred by or on behalf of those bodies, for suspending or restricting the use by the public of certain streets and for other matters.
[29th March 1949]
Be it enacted by the King'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 Authorised works.
(1) The works authorised by this section consist of the following works situated in the administrative county of London, that is to say—
(a ) three temporary footbridges (hereafter in this Act respectively referred to as ‘the river footbridge,’‘the York Road footbridge’ and ‘the Hungerford footbridge extension’) namely—
(i) a footbridge giving access to the exhibition across the river and consisting of Works Nos. 1 and 2 described in Part I of the First Schedule to this Act;
(ii) a footbridge giving access to the exhibition across York Road and consisting of Work No. 3 described as aforesaid;
(iii) an extension of Hungerford footbridge across York Road consisting of Work No. 4 described as aforesaid;
(b ) such landing stages giving access to the exhibition site from the river as the Council, with the approval of the Minister of Transport, may determine, and either temporary or not as may be so determined;
(c ) the railway works described in Part II of the said First Schedule (being works providing means of access to platforms at Waterloo and Charing Cross underground stations);
(d ) the new tramways described in Part III of the said First Schedule (being tramways required where existing tramways do not conform with the proposed exhibition traffic arrangements).
(2) The works authorised by this section may, subject to the provisions of this Act, be made and maintained—
(a ) in the case of the river footbridge, the York Road footbridge and the landing stages aforesaid, by the Council; and
(b ) in any other case, by the Commission.
(3) The works authorised by this section shall be made in the lines or situations and according to the levels shown on the deposited plans and sections:
Provided that in the execution of the works or any part of them the Commission or Council may deviate from the lines or situations shown on the deposited plans to the extent of the limits of deviation so shown or, in the case of the new tramways, (subject to the next following subsection) to any extent not exceeding three feet, and may deviate from the levels shown on the deposited sections to such extent as may be found necessary or convenient.
(4) In the case of the new tramways no deviation shall without the consent of the Minister of Transport be made laterally under the proviso to the last foregoing subsection so that a less space than nine feet six inches shall intervene between the outer rail of the tramway and the outer edge of the footway on either side of the road, if one-third of the owners or one-third of the occupiers of the premises abutting on the place where such less space shall intervene shall by writing under their hands, addressed and delivered to the Commission within three weeks after receiving from the Commission notice of their intention, express their objection thereto.
(5) The power to make and maintain any of the works mentioned in subsection (1) of this section shall include power to make and maintain such works and conveniences connected therewith as may be necessary or proper, including in particular (but without prejudice to the generality of the foregoing words or any other provision of this Act) steps, stairs, platforms, escalators, lifts, inclines, approaches, lights, dolphins and piers, and (in the case of the tramways) rails, plates, junctions, crossings and passing places; and references in this Act to the works authorised by this section or any of them shall be construed accordingly.
(6) Subject to the provisions of this Act, the Hungerford footbridge extension shall be deemed for all purposes to form part of Hungerford footbridge, the railway works authorised by this section shall be deemed for all purposes to form part of the railways with which they are connected, and the tramways authorised by this section shall be deemed for all purposes to form part of the tramways in Westminster Bridge Road authorised by the London County Council (Tramways and Improvements) Act, 1906.
(7) Nothing in this Act shall be taken as entitling members of the public to use the river footbridge or the York Road footbridge or the landing stages authorised by this section, except to such extent and subject to such conditions as the Council may from time to time determine.
2 Use and acquisition of lands.
(1) Subject to the provisions of this Act, the Commission and the Council may respectively enter upon, use and appropriate so much of any public highway (including the space under or over any public highway) as shall be necessary for the purpose of any work authorised by section one of this Act without being required to purchase the same or any easement therein or to make any payment therefor.
(2) Subject to the provisions of this Act, the Commission and the Council may also respectively enter upon, take and use or appropriate, for the purpose of any work authorised by section one of this Act, any land which they may require for that purpose and which is within the limits of deviation shown on the deposited plans for the work and is described in the deposited book of reference.
(3) Subject to the provisions of this Act, the Council may also enter upon, take and use or appropriate, for the purpose of providing substituted sites or facilities for persons displaced from the exhibition site and persons displaced from other land in connection with the exhibition traffic arrangements, all or any of the lands situate in the borough of Lambeth which are delineated and numbered 60 to 75 (inclusive) on the deposited plans and are described in the deposited book of reference, and may for the purpose aforesaid provide such buildings and facilities, whether permanent or not, as they think desirable on any lands taken under this subsection.
(4) Nothing in this section shall authorise the Commission or the Council to enter upon, take or use (except by agreement) any cellar or vault belonging to or connected with any building and situate in or under any street, unless the cellar or vault or the building to which it belongs or with which it is connected is delineated on the deposited plans and described in the deposited book of reference.
(5) The powers of the Commission and of the Council for the compulsory purchase of land under this section shall cease on the first day of October, nineteen hundred and fifty-one.
3 Application of usual ancillary provisions.
(1) The Lands Clauses Acts so far as they are applicable for the purposes of the foregoing provisions of this Act and are not varied by or inconsistent with this Act are, for those purposes, hereby incorporated with and form part of this Act subject to this, that—
(a ) sections one hundred and twenty-seven to one hundred and thirty-three of the Lands Clauses Consolidation Act, 1845, shall not apply; and
(b ) references to the promoters of the undertaking shall be taken as references to the Commission or the Council, as the case may be.
(2) The Railways Clauses Consolidation Act, 1845, so far as it is applicable for the purposes of the foregoing provisions of this Act relating to the railway works authorised by section one of this Act and is not varied by or inconsistent with this Act is, for those purposes, hereby incorporated with and forms part of this Act subject to this, that—
(a ) sections seven, eight and nine shall not apply; and
(b ) references to the railway and to the company shall be taken respectively as references to the railway works aforesaid and to the Commission.
(3) Subsection (6) of section one of this Act shall not have the effect of applying in relation to the tramways authorised by that section the enactments specified in the First and Third Schedules to the Act of 1906 mentioned in that subsection, but—
(a ) the enactments mentioned in the Second Schedule to this Act shall have effect in relation to the tramways so authorised as they have effect in relation to those for which they were enacted;
(b ) references in section four of the London County Tramways (Electrical Power) Act, 1900, to the passing of that Act shall in the application of that section (by virtue of the said Act of 1906) to the tramways so authorised be taken as references to the passing of this Act.
In the application of Parts II and III of the Tramways Act, 1870, to the tramways so authorised the expression ‘road’ shall be construed to include, in addition to the carriageway of any public highway, the footways of the highway.
(4) The Third Schedule to this Act (which contains ancillary provisions such as are commonly included in Acts conferring powers similar to those conferred by the foregoing provisions of this Act) shall have effect for the purposes of those provisions of this Act.
(5) Paragraph 9 of the said Third Schedule shall also apply in relation to land which is required by the Council for the purposes of the exhibition traffic arrangements and which they have power to acquire compulsorily apart from this Act as it applies in relation to land which they have power to acquire compulsorily under section two of this Act.
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