STATUTE LAW REVISION: SIXTEENTH ... - Law Commission

the bridges concerned are now toll-free bridges maintained by modern highway
authorities 57 in accordance with the general law. 58
5.7 Of the four bridge companies concerned only the Holt Fleet company was later
incorporated - in 1899 - under the Companies Acts. The company was wound up
in 1900 prior to the sale of the bridge to Worcestershire County Council. 59 The
remaining three companies evidently ceased to exist when their bridges were
bought by Herefordshire County Council. The Hoarwithy bridge was acquired by
the county council and freed from tolls in 1935, 60 the Fownhope and Holme Lacy
bridge likewise in 1936 61 and the Kerne bridge likewise in 1948. 62 As a result the
provisions in the Acts concerned relating to the companies, their management
and their capital are obsolete.
5.8 Other provisions in the bridge Acts which are proposed for repeal include:
(a) provisions for protecting bridges and their attendant buildings and
works against damage which have been superseded by the
Criminal Damage Act 1971 and the general criminal law;
(b) provisions making boat owners liable to bridge authorities for
damage caused through the mismanagement or negligence of
those in charge of boats, and enabling them to recover the amount
of such damage from their servants, and which are covered by the
general law;
(c) obsolete provisions requiring boat owners to have their names,
addresses and official numbers on their boats;
(d) obsolete restrictions on towing boats under bridges;
(e) protective provisions for the counties of Herefordshire and
Worcestershire which became obsolete when they became the
authorities for the bridges concerned;
57 In accordance with the Local Government Act 1972 Hereford and Worcester County
Council was the highway authority for all the bridges concerned between 1974 and 1998.
From 1 April 1998 Worcestershire County Council has been the authority for the Evesham,
Worcester, Bewdley, Holt Fleet, Stourport and the Ham and Stanford bridges, and
Herefordshire District Council for the Kerne, Hoarwithy and Fownhope and Holme Lacy
bridges.
58 Highways Act 1835, ss 72, 78; Town Police Clauses Act 1847, s 28 as incorporated by
Public Health Act 1875, s 171 as extended generally throughout England and Wales by the
Local Government Act 1972, s 180, Sch 14 para 23; Highways Act 1980; Highways
(Amendment) Act 1986, s 1; Road Traffic Regulation Act 1984, ss 14 and 15 as substituted
by Road Traffic (Temporary Restrictions) Act 1991, s 1(1), Sch 1.
59 Public Record Office, BT 31/8813/64649 (Holt Fleet Bridge Company).
60 Herefordshire Record Office, Minutes Book of the Roads and Bridges Committee of
Hereford County Council (20 January 1934 - 27 July 1936), pp 71, 72, 112, 118 and 136.
The sale evidently included the company’s shares at a nominal price, the redemption of its
mortgage bonds and the payment of arrears of interest.
61 Ibid, pp 72, 112, 118 and 284.
62 Herefordshire Record Office, Minutes Book of the Roads and Bridges Committee of
Hereford County Council (7 July 1945 - 16 October 1954), pp 78, 79 and 98.
74