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STATUTE LAW REVISION: SIXTEENTH ... - Law Commission

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(c) provisions giving protection against the exercise of gas<br />

undertakers’ powers so far as protection is given to railway and<br />

canal undertakers by paragraph 4 of Schedule 4 to the Gas Act<br />

1986 44 ;<br />

(d) provisions giving protection against the exercise of water<br />

undertakers’ powers so far as protection is given to electricity, gas,<br />

water, telecommunications, railway and canal undertakers, and the<br />

Environment Agency, by Schedule 13 to the Water Industry Act<br />

1991; 45<br />

(e) provisions giving protection to electricity and gas undertakers<br />

against competition which became redundant in consequence of<br />

nationalisation in 1948-49;<br />

(f) provisions giving protection against the exercise of powers which<br />

have been repealed or which are proposed for repeal;<br />

(g) provisions which have become obsolete through abandonment of<br />

the undertakings or works against which the protection was given;<br />

(h) provisions protecting one local authority against the exercise of<br />

powers by another local authority which became spent when the<br />

two authorities were amalgamated;<br />

(i) restrictions on the exercise of compulsory purchase powers which<br />

are obsolete;<br />

(j) a number of protective provisions in enactments relating to bridges<br />

which are considered below. 46<br />

37 Bridges<br />

5.1 The proposed repeals include thirteen local enactments relating to ten bridges -<br />

the Evesham (formerly Bengeworth) bridge over the river Avon, 47 the<br />

Worcester, 48 Bewdley, 49 Holt Fleet 50 and Stourport 51 bridges over the river<br />

Severn, the Kerne, 52 Hoarwithy 53 and Fownhope and Holme Lacy 54 bridges over<br />

the river Wye, and the Ham and Stanford bridges 55 over the river Teme.<br />

44<br />

As amended by paragraph 119 of Schedule 8 to the New Roads and Street Works Act<br />

1991.<br />

45 Consolidating the Water Act 1989, s 160 and Sch 19, para 3, and as amended by the<br />

Environment Act 1995, s 120(1), Sch 22 para 127: Environment Act 1995 (Commencement<br />

No 5) Order 1996 (SI 1996 No 186), Article 3.<br />

46 Paras 5.17 and 5.23.<br />

47 1662 (c 34); 1824 (c.lxvii), s 67; 1853 (c.xvi).<br />

48 1769 (c 84); 1779 (c 42); 1823 (c.xxxii).<br />

49 1795 (c 78).<br />

50 1826 (c.lix).<br />

51 1892 (c.xxiii).<br />

52 1825 (c.lx).<br />

53 1855 (c.v).<br />

72

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