(1) Where an offence under or by virtue of this Act has been committed by a body corporate and is proved to have been committed with the consent or connivance of, or to be attributable to neglect on the part of, a director, manager, secretary or other similar officer of the body corporate, or a person purporting to act in such capacity, he as well as the body corporate is guilty of that offence and shall be liable to be proceeded against and punished accordingly.
(2) Where the affairs of a body corporate are managed by its members, subsection (1) above applies in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.
(1) Any offence under this Act which is listed in the first column of Schedule 8A to this Act (and described in general terms in the second column) is a fixed penalty offence for the purposes of this Act.
(2) Offences listed in that Schedule which are committed by virtue of section 130 of this Act (offences committed by bodies corporate, etc.) are not fixed penalty offences.
(3) The Scottish Ministers may, by order, modify that Schedule so as to provide that an offence is to cease to be a fixed penalty offence.
(4) Schedule 8B to this Act (which makes provision about fixed penalties for fixed penalty offences) has effect.
(5) An order under subsection (3) above may make transitional provision.
(1) An offence under this Act shall, unless there is express provision to the contrary, be triable only summarily.
(2) The penalty on conviction of any offence under this Act shall be determined in accordance with Schedule 8 thereto; and in that Schedule—
(a) column 1 specifies the provision of this Act creating the offence and column 2 the maximum penalty which may be imposed in respect of that offence;
(b) references to a level on the standard scale are references to the standard scale . . .
(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
132 Saving for operators of electronic communications code networks .
(1) Subject to the provisions of this section, nothing in this Act or in any scheme or enactment under or by virtue of this Act—
(a) shall affect any rights conferred by or in accordance with the electronic communications code on the operator of an electronic communications code network or any duty of any such operator under that code; or
(b) applies to any electronic communications apparatus kept installed for the purposes of any such network.
(2) Where in pursuance of an order under this Act (or under an Act repealed by this Act) a road is (or was) stopped up or diverted and, immediately before that order comes (or came) into force, there is (or was) under, in, upon, over, along or across the road any electronic communications apparatus kept installed for the purposes of an electronic communications code network, the operator of that network shall have the same powers in respect of that apparatus as if the order had not come into force; but any person entitled to land over which the road subsisted may require the alteration of the apparatus.
(3) Where an order under this Act (or under an Act repealed by this Act) provides for the alteration of a road and, immediately before the date on which the order comes (or came) into force, there is (or was) under, in, upon, over, along, or across the road any electronic communications apparatus kept installed for the purposes of an electronic communications code network, the roads authority shall be entitled to require the alteration of the apparatus. This subsection does not have effect so far as it relates to the alteration of any electronic communications apparatus for the purpose of authority’s works as defined in Part IV of the New Roads and Street Works Act 1991.
(4) Paragraph 108(2) of Schedule 3A to the Communications Act 2003 (the electronic communications code) (alteration of apparatus to include moving, removal or replacement of apparatus) shall apply for the purposes of subsections (1) to (3) above as it applies for the purposes of that code.
(5) Part 6 of the electronic communications code (rights to require removal of electronic communications apparatus) shall apply in relation to any right conferred by this section to require the alteration, moving or replacement of any electronic communications apparatus as it applies in relation to a right to require the removal of such apparatus.
134 Extinguishment of rights of statutory undertakers to apparatus etc. in connection with schemes under section 7 and orders under section 9.
(1) . . . section 224 of the Town and Country Planning (Scotland) Act 1997 (extinguishment of certain subsisting rights of statutory undertakers over land required under Part VIII of that Act) shall apply—
(a) in relation to land acquired or appropriated by a special road authority for the purpose of carrying out works in pursuance of a scheme under section 7 or an order under section 9 of this Act; and
(b) in relation to land forming the site of any part of an existing road which is appropriated or transferred to a special road authority under this Act,
as it applies in relation to land acquired under the said Part VIII; and sections 227 to 231 of the said Act of 1997(which contain provisions consequential upon the extinguishment of any right under the said section 224) shall have effect accordingly.
(2) The provisions of the said Act of 1997 mentioned in subsection (1) above shall have effect, as applied for the purposes of this section, with the substitution for references therein to the purchasing authority of references to the special road authority.
(3) Where apparatus of statutory undertakers supplying electricity, gas, hydraulic power or water is removed in pursuance of a notice or order given or made under the said section 224 (as applied for the purpose of this section), any person who is the owner or occupier of premises to which a supply was given from that apparatus shall be entitled to recover from the special road authority expenditure for the purpose of effecting a connection between the premises and any other apparatus from which a supply is given if that expenditure was reasonably incurred in consequence of the removal.
135 Restriction of powers of local authority in whom sewer is vested.
(1) Section 134 of this Act (including the provisions of the the Town and Country Planning (Scotland) Act 1997 applied by subsection (1) of the said section 134), shall, so far as applicable, apply in relation to the sewers and sewage disposal works of Scottish Water as they apply in relation to the apparatus of statutory undertakers.
(2) In the said provisions of the the said Act of 1997 applied for the purposes of this section, references to the appropriate Minister shall be construed, in relation to Scottish Water, as references to the Secretary of State.
(3) Where a public sewer is removed in pursuance of a notice or order given or made under section 224 of the said Act of 1997 as applied for the purposes of this section, a person who is the owner or occupier of premises the drains of which communicated with that sewer, or the owner of a private sewer which communicated with that sewer, shall be entitled to recover from the special road authority expenditure for the purpose of
(a) linking his drain or sewer with—
(i) any other public sewer; or
(ii) a private sewage disposal plant; or
(b) constructing a private sewage disposal plant and linking his drain or sewer to that plant,
if that expenditure was reasonably incurred in consequence of the removal.
Except where and in so far as otherwise expressly provided in this Act, a notice issued or served by a roads authority under this Act regarding the doing of anything in relation to land, shall—
(a) so far as necessary and reasonably practicable give details, including the location, of the land;
(b) so far as necessary and reasonably practicable specify the nature of any works which have to be carried out and of any requirements which have to be met;
(c) specify any period within which the notice has to be complied with;
(d) state any power of the authority, if the notice is not complied with, to enter the land and carry out the works specified in the notice and to recover their expenses in so doing; and
(e) intimate any right of appeal under this Act against the notice.
Section 192 of the Local Government (Scotland) Act 1973 (service of notices) shall apply to notices under this Act relating to land as that section applies to notices under that Act relating to premises.
Subject to any express provision in this Act to the contrary, a notice containing a requirement which may be appealed against under this Act shall not be acted upon by a roads authority or a person authorised by them until the time for appealing against the notice has expired or, if an appeal has been lodged, until that appeal has been disposed of or abandoned.
(1) Without prejudice to any express provision in this Act in that regard, the Secretary of State may hold an inquiry—
(a) in connection with any matters as to which he is under this Act authorised to act; or
(b) for the purpose of determining any matter which he is required under this Act to determine.
(2) subsections (2) to (8) of section 210 of the Local Government (Scotland) Act 1973 shall apply to an inquiry under subsection (1) above as they apply to a local inquiry under that section.
(3) The Tribunals and Inquiries Act 1992 shall apply to an inquiry under subsection (1) above as that Act applies to a statutory inquiry held by the Secretary of State.
(1) A person authorised by a roads authority shall, on producing, if so required, some duly authenticated document showing his authority in that regard, have a right to enter any land at all reasonable hours for the purpose of—
(a) surveying that or any other land in connection with the exercise of the functions of the roads authority under this Act;
(b) laying and leaving on the land apparatus for the purpose of the survey or removing such apparatus;
(c) searching or boring to ascertain for the purpose of the survey—
(i) the nature of the subsoil or the presence of minerals; or
(ii) the nature of any mining operations or other activity taking place beneath the surface of the land which may affect the stability of a public road;
(d) inspecting anything which any person is under a duty to maintain under this Act;
(e) ascertaining whether any work required to be done by or under this Act by any person in relation to any land has been done;
(f) inspecting any work to which a consent or authorisation granted by the authority under this Act relates;
(g) carrying out anything which is required, by a notice served by the authority under this Act, to be done by any person in relation to any land and which the person has failed to do in accordance with the notice; or
(h) taking any other action, or executing any work, authorised or required by, under or by virtue of this Act to be taken or executed by the roads authority.
(2) Without prejudice to subsection (8) below, and subject to any provision of this Act which allows an authority to act in an emergency, entry to land shall not be demanded as of right under or by virtue of this Act unless at least 7 days notice of the intended entry has been given to the occupier.
(3) Without prejudice to any other provision of this Act which requires notice of proposed works to be given, works shall not be carried out on any land in pursuance of subsection (1)(b) or (c) above by a person unless at least 7 days notice of the intention to do so has been given by that person—
(a) to the owner and occupier of the land; and
(b) in the case referred to in subsection (1)(c) above, to the Coal Authority, any licensed operator (within the meaning of the Coal Industry Act 1994), and, and any other proprietor of underground mineral workings, where the Coal Authority, any licensed operator (within the meaning of the Coal Industry Act 1994), andthe other proprietor’s interests are liable to be affected by the searching or boring.
(4) Statutory undertakers . . .may object to the roads authority about the carrying out of works proposed to be carried out under subsection (1)(b), (c) or (h) above on the grounds that the carrying out thereof would be seriously detrimental to the carrying on of their undertaking; and in that event the works shall not be carried out except with the authority of the Secretary of State after consultation with the Minister responsible for the undertaking.
(5) A person contravening subsection (3) or (4) above commits an offence.
(6) A roads authority shall be entitled to recover the expenses reasonably incurred by them in doing anything in relation to any land under—
(a) subsection (1)(e) above from the person who has been required to do the work;
(b) subsection (1)(f) above, from the person to whom the consent or authorisation has been granted,
but may remit any sum, or any part of that sum, due to them under this subsection as they think fit.
(7) Where such expense as is mentioned in subsection (6) above is recoverable under that subsection from more than one person, the roads authority may apportion such expense among them.
(8) If it is shown to the satisfaction of the sheriff, or of a magistrate or justice of the peace having jurisdiction in the place where the land is situated, on evidence on oath—
(a) that admission to land which any person is entitled to enter by virtue of this section has been refused to that person, or that refusal is apprehended, or that the land is unoccupied, or the occupier is temporarily absent, or that the case is one of urgency, and
(b) that there are reasonable grounds for entry to the land for any purpose for which the right of entry is exercisable,
the sheriff, magistrate or justice may by warrant authorise the person to enter the land.
(9) A person who wilfully obstructs a person upon whom a right of entry has been conferred by any of the provisions of this section or by a warrant issued thereunder commits an offence.
(10) Where, in the exercise of a power of entry conferred by this section, damage has been caused to land or to corporeal moveables, any person having an interest in the land or moveables may recover compensation in respect of that damage from the roads authority by whom or on whose behalf the power was exercised; and where in consequence of the exercise of such power a person is disturbed in his enjoyment of land or corporeal moveables, he may recover from the roads authority compensation in respect of the disturbance.
141 Power of roads authority to execute works etc. on default of person required to do so.
(1) Where by notice under this Act a roads authority require works or excavations to be executed within a specified period then, subject to subsection (3) below, if those works or excavations are not timeously executed they may themselves execute them:
Provided that this section does not apply as regards any particular such requirement for which this Act makes express provision analogous to the foregoing provisions of this subsection.
(2) Subsections (6) and (7) of section 140 of this Act shall apply in relation to works or excavations executed by a roads authority under subsection (1) above and to the person who had been required to execute the works or excavations as those subsections apply to entry and inspection under subsection (1)(f) of that section and to the person who has been granted the consent or authorisation.
(3) The roads authority may in writing grant an extension of the period specified in any such notice as is mentioned in subsection (1) above.
(4) In the application to the foregoing provisions of this section of the definition of “works” in section 151(1) of this Act the expression shall also include such—
(a) removal and reinstatement as is mentioned in section 51(3) or 87(1);
(b) steps as are mentioned in section 57(1), 67 or 93(2);
(c) replacement, repair or putting into good condition as is mentioned in section 66(2);
(d) alteration as is mentioned in section 83(1);
(e) work as is mentioned in section 91(1) or (2); and
(f) removal as is mentioned in section 92(2),
of this Act.
142 Power to require occupier to permit work to be executed by owner.
If, on an application made by the owner of any land, it appears to the sheriff that the occupier of that land is preventing the owner from executing work which the owner is by this Act required to execute, the sheriff may order the occupier to permit the execution of the work.
(1) Where a power to make regulations or orders, or to make or confirm schemes, is exercisable by the Secretary of State by virtue of this Act, the exercise of that power shall be by statutory instrument under this subsection, and may—
(a) make different provision in relation to different cases or classes of case;
(b) exclude certain cases or classes of case.
(2) A statutory instrument—
(a) made under subsection (1) above and containing—
(i) regulations other than such regulations as are mentioned in paragraph (b)(i) below; or
(ii) an order under section 8 , 12A, 12B, 12C, 12D, 12E 113A or 154 of this Act,
shall be subject to annulment in pursuance of a resolution of either House of Parliament;
and
(b) containing—
(i) regulations under section 17 of this Act or regulations made for the first time under section 61A of this Act; or
(ii) an order under section 130A or ... 153 of this Act,
shall not be made under subsection (1) above unless a draft of the instrument has been laid before Parliament and has been approved by resolution of each House of Parliament.
143A “Developments of national significance” etc.: special procedure
(1) Subject to subsection (4), subsection (3) applies to any —
(a) ... order under section 5 of this Act directing that a road proposed to be constructed shall be a trunk road and the construction of the road would constitute a national development;
(b) ... scheme under section 7 of this Act (or any instrument confirming such a scheme) which authorises the carrying out of work which would constitute a national development; or
(c) subordinate legislation which is the subject of a direction by the Scottish Ministers under this paragraph.
(2) In subsection (1) above, the references to a “national development” are to any development (within the meaning of the Town and Country Planning (Scotland) Act 1997) for the time being designated under section 3A(4)(b) of that Act as a national development.
(3) The legislation is subject to the affirmative procedure.
(4) Unless the Scottish Ministers otherwise direct, any subordinate legislation which revokes, amends or re-enacts any legislation which was subject to the affirmative procedure by virtue of subsection (3) above is not subject to the procedure in that subsection.
144 Regulations for procedure in schemes and orders for special roads and trunk roads.
(1) Subject to sections 143 and 143A of, and Schedules 1 and 2 to, this Act, the Secretary of State may make regulations prescribing the procedure to be followed in connection with the making and confirmation of schemes under section 7 and orders under sections 5, 9 and 12 of this Act.
(2) Without prejudice to the generality of subsection (1) above, regulations under this section may provide for securing that the centre-line of—
(a) a special road authorised by a scheme under section 7 of this Act,
(b) a road directed by order to become a trunk road under section 5 of this Act, or
(c) a road affected by an order under section 9 or 12 of this Act,
shall be indicated on a map on such scale as may be prescribed by the regulations.
(3) The centre-line of any road referred to in subsection (2) above as constructed may deviate from the centre-line as indicated on the map referred to in that subsection within such limits of deviation, not exceeding 50 metres, as may be specified in the scheme or order.
145 Revocation and variation of certain schemes and orders.
(1) A scheme or order made by a roads authority under this Act or confirmed by the Secretary of State under section 5, 7, 9, 12 or 75(3) of this Act may, subject to subsection (5) below and to subsection (7)(i) of the said section 5, be revoked or varied by a subsequent scheme or order so made or confirmed; and subject to the provisions of this section any such revoking or varying scheme or order may make such consequential provision as appears to the Secretary of State to be expedient.
(2) Where a scheme under section 7 of this Act is revoked by a subsequent scheme, any part of the special road authorised by the scheme, being a part constructed before the date on which the revoking scheme comes into operation, and any road appropriated by or transferred to the special road authority before that date, shall cease on that date to be a special road within the meaning of this Act, but shall, where the special road is a trunk road, continue to be a trunk road.
(3) Where a scheme under section 7 of this Act is varied by a subsequent scheme, subsection (2) above shall apply in relation to any part of the special road which ceases to form part of the route of that road in consequence of the variation.
(4) Subject to the foregoing provisions of this section, the revocation or variation of a scheme under section 7 or 75(3) of this Act shall not affect the validity of anything done in pursuance of the scheme before the date on which the revoking or varying scheme comes into force, or the validity of any order under section 9 of this Act before that date in connection with the special road to be provided under the scheme.
(5) Where—
(a) a scheme under section 7 or 73(3) of this Act; or
(b) an order under section 9 or 12 of this Act in relation to—
(i) a special road; or
(ii) a main road (within the meaning of the said section 12),
which has not been opened for the purposes of through traffic,
is revoked at any time before the special road, main road, bridge or tunnel is opened for the purposes of through traffic, Schedules 1 and 2 to this Act shall have no effect as regards the revocation but, within 28 days of the revocation, notice of it shall be published by the Secretary of State in the Edinburgh Gazette and in such other manner as he thinks best adapted for informing persons affected.
(1) Subject to the following provisions of this section, nothing in this Act shall apply in relation to any land belonging to Her Majesty in right of the Crown or otherwise, or belonging to a government department, or held in trust for Her Majesty for the purposes of a government department.
(2) The appropriate Crown authority in relation to any land and a roads authority may agree that any provisions of this Act specified in the agreement shall apply to that land and, while the agreement is in force, those provisions shall apply to the land accordingly, subject however to the terms of the agreement.
(3) An agreement under subsection (2) above may contain such consequential and incidental provisions, including provisions of a financial character, as appear to the appropriate Crown authority to be necessary or equitable, . . ..
(4) In the foregoing provisions of this section “the appropriate Crown authority” means—
(a) in relation to land belonging to Her Majesty in right of the Crown or otherwise, the Crown Estates Commissioners or such other government department or other person as has the management of the land in question; and
(b) in relation to land belonging to a government department or held in trust for Her Majesty for the purposes of a government department, that department;
and if any question arises as to what authority is the appropriate Crown authority in relation to any land, that question shall be referred to the Treasury, whose decision shall be final.
Where a person requests a roads authority to make an order under section 68(1) of this Act the authority may require him, as a condition of their compliance with the request, to make such provision as they consider reasonable as regards any costs to be incurred by them in so complying.
Where the Secretary of State certifies that stamp duty which, but for this section, would be payable on an instrument made by, to or with him in relation to a road which is, or is to become, a trunk road would be payable as an expense by him under this Act, that stamp duty shall not be payable.
Where under any provision of this Act a roads authority are entitled to recover expenses, they shall also be entitled to interest thereon at the rate for the time being prescribed under section 40 of the Land Compensation (Scotland) Act 1963 from the date on which a demand for the expenses is served until payment; but they may remit any sum or part of any sum due to them as interest if they think fit.
There shall be paid out of money provided by Parliament—
(a) any administrative expenses incurred by the Secretary of State under this Act;
(b) any sums required for the payment of grants or advances under, and any other expenses of the Secretary of State under, this Act; and
(c) any increase attributable to this Act in the sums so payable under any other Act.
(1) In this Act, unless the context otherwise requires—
“approaches”, in relation to a bridge or tunnel, includes the facings of any embankment or cutting adjacent to the bridge or tunnel;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
“building” includes any erection, however, and with whatever material, it is constructed and any part of a building;
“carriageway” shall be construed in accordance with subsection (2) below;
“cattle-grid” has the meaning given by section 41(6) of this Act;
“classified road” shall be construed in accordance with section 11 of this Act;
“common” has the same meaning as in the Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947;
“consultation bodies” means–
the appropriate planning authority where the proposed project is likely to affect land in their area;
the National Park authority for any National Park where the proposed project is likely to affect land in the National Park;
Scottish Natural Heritage;
the Scottish Environment Protection Agency established under section 20 of the Environment Act 1995; ...
Historic Environment Scotland; ...
other bodies designated by statutory provision as having specific environmental responsibilities;
any other public body which the Scottish Ministers consider is likely to have an interest in the proposed project by reason of that body’s specific environmental responsibilities or local and regional competencies;
“cycle track” shall be construed in accordance with subsection (2) below;
“days” means clear days;
“driver information system” has the same meaning as in Part II of the Road Traffic (Driver Licensing and Information Systems) Act 1989, and references to an “operator” of a driver information system are references to an operator licensed under that Part of that Act;
“enactment” includes an enactment in this Act or in a local or private Act and a provision of an order, a scheme, regulations or any other instrument made under or confirmed by a public general, local or private Act;
“environmental impact assessment” means an assessment carried out in accordance with section 20B of this Act;
“environmental information” means—
any EIA report required under section 20C(6) or (as the case may be) section 55A(6);
any supplementary information obtained under section 20C(13) or (as the case may be) section 55A(13);
any representations made by any body required under this Act to be given notice of, or to be invited to express an opinion on, a project for which an environmental impact assessment is required following on from a determination under section 20C(1) or (as the case may be) section 55A(1); and
any representations duly made by any other person about the environmental effects of the project which is the subject of that environmental impact assessment;
“EIA report” means an environmental impact assessment report prepared in accordance with section 20C or 55A of this Act;
“footpath” shall be construed in accordance with subsections (2) and (3)(a) and (b), and “footway” in accordance with subsection (2), below;
“frontager”, in relation to a road or proposed road, means the owner of any land fronting or abutting it;
“improvement”, in relation to a road, means the doing of anything for the benefit of road users, or any class of road users, beyond that which is essential to placing the road in a proper state of repair, and includes the improvement of the amenity—
of the road; and
of land abutting on, or adjacent to, the road;
“local authority” means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994;
“local roads authority” has the meaning given by paragraph (a) of the definition of “roads authority” in this subsection;
“maintenance” includes—
repair; and
watering to allay dust but, without prejudice to subsection (1) of section 25 of the Local Government and Planning (Scotland) Act 1982 (restriction of powers of local authorities as regards street cleansing), not such cleansing as a local authority are required by subsections (1) and (3) of that section to undertake;
“navigation authority” means persons authorised by any enactment to work, maintain, conserve, improve or control any canal or other inland navigation, navigable river, estuary, harbour or dock;
“notice” means notice in writing;
“obstruction” includes obstruction of view;
“occupier” means the person in occupation or having the charge, management or control of land, either on his own account or as the agent of another person;
“open space” has the same meaning as in the Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947;
...
“owner”—
in relation to land means, subject to paragraph (b) below, the person for the time being entitled to receive, or who would, if the same were let, be entitled to receive, the rents of the land, and includes a trustee, factor, tutor or curator, and in the case of public or municipal property applies to the persons to whom the management thereof is entrusted; and
in relation to special roads (whether existing or proposed) includes any person who under the Lands Clauses Acts would be entitled to sell and convey the land to promoters of an undertaking and also includes a lessee under a lease the unexpired portion of which exceeds three years;
“pedal cycle” means a cycle whose motive power is provided solely by the legs of its rider or riders or which complies with the requirements specified in Regulation 4 of the Electrically Assisted Pedal Cycles Regulations 1983;
“private road” means any road other than a public road;
“proposed road” means (without prejudice to the definition in this subsection of “proposed public road”) a new road in course of construction, or proposed to be constructed, by or on behalf of any person;
“proposed public road” means either—
a new road in course of construction, or proposed to be constructed, by or on behalf of a roads authority; or
an existing road which is a prospective public road within the meaning of the Part IV of the New Roads and Street Works Act 1991;
“public road” means a road which a roads authority have a duty to maintain;
“railway undertakers” means persons authorised by any enactment to carry on a railway undertaking;
“road” means, subject to subsection (3) below, any way (other than a waterway) over which there is a public right of passage (by whatever means and whether subject to a toll or not) and includes the road’s verge, and any bridge (whether permanent or temporary) over which, or tunnel through which, the road passes; and any reference to a road includes a part thereof;
“roads authority” means—
in relation to a road or proposed road other than any such as is mentioned in paragraph (b) of this definition, the council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 within whose area the road is (such local authority being in this Act referred to as a “local roads authority”); and
as respects functions relating to the matters reserved by paragraph (c) of Section E1 of Part II of Schedule 5 to the Scotland Act 1998 and exercisablein relation to a trunk road (whether existing or in course of construction) or, without prejudice to section 4 of this Act, to a special road provided by him under section 7(5) (or to be provided by him under section 7(5)(a) or (b)) or to any other road constructed (or to be constructed) by him under section 19(1) of this Act, the Secretary of State and as respects any other functions exercisable in relation to any such roads, the Scottish Ministers; and references to “they” in relation to a roads authority shall , where the authority is the Secretary of State,be taken to relate also to him;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
“special road authority” has the meaning given by section 7(4) of this Act;
“special road” means a road provided or to be provided in accordance with a scheme under section 7 of this Act;
“statutory undertakers” has the same meaning as in section 214 of the Town and Country Planning (Scotland) Act 1997 except that it includes
the Post Office
except in sections 133 and 140(4) of this Act, the operator of any electronic communications code network and
except in section 140(4) of this Act, the operator of any driver information system;
“swing bridge” includes any opening bridge operated by mechanical means;
...
“tidal waters” has the same meaning as in section 35(1) of the Rivers (Prevention of Pollution) (Scotland) Act 1951;
“traffic” includes pedestrians and animals;
“traffic sign” has the same meaning as in section 64(1) of the Road Traffic Regulation Act 1984;
“trunk road” means a road which is a trunk road by virtue of section 5 of this Act or of an order or direction under that section or section 202(3) of the Town and Country Planning (Scotland) Act 1997 or by virtue of section 12 of the Forth Crossing Act 2011 (asp 2) or by virtue of section 1 of the Forth Road Bridge Act 2013 (asp 8) ;
“use”, in relation to a road, includes crossing;
“vehicle” means a vehicle of any description and includes a machine or implement of any kind drawn or propelled along roads (whether or not by mechanical power);
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .; and
“works”, as regards any road, includes—
making an alteration to it;
breaking up or opening it;
constructing or laying anything under it;
building anything into it; and
carrying out any other operations of a like nature;
and cognate expressions shall be construed accordingly.
(1A) A way to which the public has access (by whatever means and whether subject to a toll or not) which passes over a bridge constructed in pursuance of powers conferred by, or by an order made under or confirmed by, a private Act shall, for the purposes of the definition of “road” in subsection (1) above, be treated as if there were a public right of passage over it.
(2) For the purpose of this Act, where over a road the public right of passage referred to in the definition of “road” in subsection (1) above—
(a) is by foot only, the road is—
(i) where it is associated with a carriageway, a “footway”; and
(ii) where it is not so associated, a “footpath”;
(b) is by pedal cycle only, or by pedal cycle and foot only, the road is a “cycle track”;
(c) includes such a right by vehicle, other than a right by pedal cycle only, the road is a “carriageway”.
(3) This Act does not confer any power or impose any duty as regards a road or proposed road which—
(a) being a footpath only, is a public path created under section 30 of the Countryside (Scotland) Act 1967 (power of planning authority to create public paths by agreement);
(b) being a footpath only, forms part of a long-distance route the proposals for which have been approved by the Secretary of State under section 40(1) of that Act (approval of proposals relating to a long-distance route); or
(c) forms part of land owned or managed by a local authority and used by them for the provision of facilities for recreational, sporting, cultural or social activities in the discharge of their duties under section 14 of the Local Government and Planning (Scotland) Act 1982.
(4) Any reference in this Act to apparatus belonging to statutory undertakers shall, in relation to the operator of an electronic communications code network, have effect as a reference to electronic communications apparatus kept installed for the purposes of that network.
152 Further provision as to interpretation and certain ancillary powers.
(1) A power conferred on a roads authority by, under or by virtue of this Act to provide, erect, construct, lay or plant includes a power to alter, remove, re-lay, or, as the case may be, re-plant; and in relation to the power conferred by section 25 of this Act also includes the power temporarily to close:
Provided that the foregoing provisions of this subsection shall not apply where the context otherwise requires or where or in so far as such application would result in overlap with, or would admit avoidance of, express provisions of this Act.
(2) The power conferred on a roads authority by section 1(1)
or 2(1)
of this Act to determine the means of exercise of a public right of passage includes the power to redetermine by order under this subsection such means of exercise.
(3) Subsections (1) and (2) of section 71 of this Act shall apply in relation to an order under subsection (2) above as they apply to an order under section 68 or 69 of this Act.
(3A) Where an order under subsection (2) above states that it has effect only for such period not exceeding 18 months as is specified in the order, the order shall have effect during that period notwithstanding any failure to comply with—
(a) any regulations made under subsection (1) of section 71 of this Act; or
(b) subsection (2) of that section.
(3B) Subject to subsection (3C) below, an order which—
(a) has effect by virtue of subsection (3A) above; and
(b) makes the same provision in relation to the same right of public passage as was made in an order which has ceased to have effect,
may not have effect for a period which, when taken together with the period for which any order such as is mentioned in paragraph (b) above had effect, amounts to more than 18 months.
(3C) An order may have effect for a period which, when taken together with the period for which any order such as is mentioned in subsection (3B)(b) above had effect, amounts to more than 18 months only for the purpose of enabling the authority who made the order to take any steps necessary to seek to comply with—
(a) any regulations made under subsection (1) of section 71 of this Act; or
(b) subsection (2) of that section.
(4) A local roads authority shall have power to carry out any works necessary for giving effect to an order by them under subsection (2) above; and in so far as the carrying out of any such works, or any change in the use of land resulting from any such order, constitutes development within the meaning of the Town and Country Planning (Scotland) Act 1997, permission for that development shall be deemed granted under Part III of that Act.
(5) Where—
(a) during the period when an order under subsection (2) above has effect by virtue of subsection (3A) above, the authority carry out any works necessary for giving effect to the order (including any works carried out by virtue of subsection (4) above); and
(b) on the order ceasing to have effect, no further order under subsection (2) above making the same provision in relation to the same right of public passage has effect,
the authority who made the order shall carry out any works necessary to reinstate the conditions pertaining before such works were carried out.
The Secretary of State may by order make such incidental, consequential, transitional or supplementary provision as appears to him to be necessary or proper—
(a) for the general or any particular purposes of this Act or in consequence of any of the provisions of, or for giving full effect to, this Act; or
(b) in consequence of such of the provisions of any other Act passed in the same session as this Act as apply to any area or authority affected by this Act;
and nothing in any other provision of this Act shall be construed as prejudicing the generally of this subsection.
(1) Subject to subsection (2) below, where any local enactment provides for any matter which is also provided for by any provision of this Act or of any statutory instrument made thereunder, the provision of this Act, or, as the case may be, of that statutory instrument, shall have effect in substitution for the local enactment, which shall cease to have effect.
(2) The Secretary of State may by order except from the operation of subsection (1) above such local enactments as may be specified in the order and direct that the corresponding provisions of this Act or of any statutory instrument made thereunder as may to so specified shall not have effect in the areas in which the specified local enactments have effect.
(3) If it appears to the Secretary of State that any local enactment, not being an enactment which has ceased to have effect by virtue of subsection (1) above, is inconsistent with any provision of this Act or of any statutory instrument made thereunder, or is no longer required, or requires to be amended, having regard to any provision of this Act or of any statutory instrument made thereunder, he may by order repeal or amend the local enactment as he may consider appropriate.
155 General adaptation of subordinate legislation etc.
Without prejudice to section 153 or 154 of this Act and except where the context otherwise requires or the Secretary of State by order under either of those sections otherwise provides, in any order, scheme, regulation or other instrument which before 1st January 1985 was made under or confirmed by a public general or local Act and in any local Act passed before or during the same session as this Act (such order, scheme, regulation, instrument or local Act not being an enactment which has ceased to have effect by virtue of subsection (1) of the said section 154) any reference—
to a street, to a highway or to a road shall be construed as a reference to a road within the meaning of this Act;
to a turnpike road, to a public carriage road, to a public highway, to a maintainable highway, to a public street or to a public road shall be construed as a reference to a public road within the meaning of this Act;
to a private street or to a private road shall be construed as a reference to a private road within the meaning of this Act;
to a prospective public road or to a prospective public street shall be construed as a reference to a road which is declared likely to become a public road in a declaration made by the local roads authority under section 146 of the New Roads and Street Works Act 1991;
to a highway authority or to a street authority shall be construed as a reference to a roads authority within the meaning of this Act;
to a roadway or to a carriageway shall be construed as a reference to a carriageway within the meaning of this Act; and
to a cycle track, to a footpath or to a footway shall be construed in accordance with this Act.
156 Amendments, transitional provisions and repeals.
(1) The enactments specified in Schedule 9 to this Act shall have effect subject to the amendments there specified (being minor amendments or amendments consequential on the foregoing provisions of this Act).
(2) The transitional provisions and savings contained in Schedule 10 to this Act shall have effect.
(3) Subject to the provisions of the said Schedule 10, the enactments specified in Schedule 11 to this Act (which include enactments already obsolete or unnecessary) are hereby repealed to the extent specified in the third column of that Schedule.
(1) This Act may be cited as the Roads (Scotland) Act 1984.
(2) Subject to subsection (3) below, this Act, except this section, shall come into force on 1st January 1985 (in this Act referred to as “the commencement of this Act”).
(3) The following provisions of this Act shall come into force on such day as the Secretary of State may by order appoint, and different purposes and for different areas—
section 36 to 40;
section 126 and Schedule 7;
section 156(3) and Schedule 11 in so far as they relate to Schedule 10 to the Road Traffic Regulation Act 1984.
(4) This Act applies to Scotland only.
SCHEDULE 1 Procedures for Making or Confirming Certain Orders and Schemes
Sections, 5, 7, 9, 12, 75 and 77.
Part I Orders
1 Where the Secretary of State proposes to make an order under section 5, 9, 12, 75 or 77 of this Act he shall publish in at least one newspaper circulating in the area in which any road to which the order relates is situated and in the Edinburgh Gazette a notice—
(a) stating the general effect of the proposed order;
(b) specifying a place in the said area where a copy of the draft order and of any relevant map or plan may be inspected free of charge at all reasonable hours during a period specified in the notice, being not less than six weeks from the date of the publication of the notice; and
(c) stating that, within the said period, any person may by notice to the Secretary of State object to the making of the order.
2 Where an order under the said section 9 or 12 is submitted to the Secretary of State by a local roads authority, that authority shall publish in the manner specified in paragraph 1 above the notice there referred to, and that paragraph shall have effect in relation to a notice published by any such authority as if the references to the draft order and the making of the order were references to the order as submitted to the Secretary of State and the confirmation of the order respectively.
3 Not later than the day on which the said notice is published or, if it is published on two or more days, the day on which it is first published, the Secretary of State or the local roads authority, as the case may be, shall serve on each person (other than himself or as the case may be themselves) specified in such head or heads of the Table set out at the end of this paragraph as apply in the case of the order in question—
(a) a copy of the notice;
(b) a copy of the draft order or, as the case may be, the order; and
(c) a copy of any relevant map or plan.
Table
Persons to be served with copies of the documents specified in paragraph 3 of this schedule
Nature of order or proposed order | Persons to be served
(i) | Order proposed to be made under section 5, 12 or 75. | Every local authority in whose area any road to which the proposed order applies is situated.
(ii) | Order proposed to be made under section 5, 9 or 12 which provides for the construction of a bridge over or a tunnel under navigable waters, and order under section 75. | Every navigation authority . . . concerned with or having jurisdiction over the waters affected or over the area comprising those waters and Scottish Water .
(iii) | Order proposed to be made under section 12 authorising the carrying out of new works. | Every local authority on whose area works authorised by the proposed order are to be carried out.
(iv) | Order under section 9 transferring a road from one roads authority to another. | The roads authorities to and from whom the road is to be transferred.
(v) | Order proposed to be made under section 77. | Every local authority in whose area the bridge or its approaches is situated and every navigation authority concerned with or having jurisdiction over the waters affected or over the area comprising those waters.
(vi) | Order proposed to be made under section 9 or 12 which authorises the stopping up of a private means of access to land. | The owner and the occupier of the land.
(vii) | Order proposed to be made under section 9 or 12 which authorises the stopping up or diversion of a public road. | Every local authority in whose area the road is situated, and any statutory undertakers having apparatus under, in, upon, over, along or across the road.
(viii) | Order proposed to be made under section 9 which authorises entry by the special road authority on land. | The occupier of that land.
4 Where the order provides for the stopping up or diversion of a public road, the Secretary of State shall, not later than the day on which the notice is published or, if it is published on two or more days, the day on which it is first published, cause a copy of it to be displayed in a prominent position at the ends of so much of any road as is proposed to be stopped up or diverted under the order.
5 If before the expiration of the period specified in pursuance of paragraph 1(b) above an objection is received by the Secretary of State from any person on whom a copy of the notice is required to be served under paragraph 3 above, or from any other person appearing to the Secretary of State to be affected, and the objection is not withdrawn, the Secretary of State shall, subject to paragraph 6 below, cause a local inquiry to be held.
6 Except where the objection is made by any person on whom a copy of the notice is required to be served by virtue of paragraph 3 above as read with such one or more of heads (i) to (v) of the Table at the end of that paragraph as apply in the case of the order in question, the Secretary of State may, if he is satisfied that in the circumstances of the case the holding of an inquiry under paragraph 5 above is not necessary, dispense with such an inquiry.
7 (1) ... after considering objections (if any) to the proposed order or, as the case may be, the order which are not withdrawn and, where a local inquiry is held, the report of the person who held the inquiry, the Secretary of State may —
(a) make or confirm the order (with or without modifications); or
(b) where the order is subject to the affirmative procedure by virtue of section 143A(3) of this Act, lay before the Scottish Parliament a draft statutory instrument containing the order (with or without modifications).
(1A) Where the Scottish Ministers have published an EIA report they shall take into consideration–
(a) that report; ...
(b) any opinion on that report or the project which is expressed in writing by any of the consultation bodies or by any other person and is received by the Scottish Ministers within any period specified for the purpose by them; and
(c) where section 20F applies and the EEA State has indicated in accordance with subsection (4) of that section that it wishes to participate in the environmental impact assessment procedure, any opinion on that report or the project which is expressed in writing by the EEA State, by a member of the public in the EEA State or by any of the authorities in that State that the State has specified as authorities to be consulted and is received by the Scottish Ministers within any period specified for the purpose by them.
(1B) When the Scottish Ministers have decided whether to proceed with the project in relation to which an environmental impact assessment has been made they must publish their decision together with a statement confirming they have complied with sub-paragraph (1A) and must notify the consultation bodies by sending to them copies of documents containing—
(a) a description of the project,
(b) the terms of the decision,
(c) the main reasons and considerations on which the decision is based,
(d) information about the arrangements taken to ensure the public had the opportunity to participate in the decision making procedures,
(e) a summary of—
(i) the environmental information, and
(ii) the results of the consultations and information gathered pursuant to section 20C and, where relevant, section 20F, and how those results, in particular comments received from an EEA State pursuant to consultation under section 20F, have been incorporated or otherwise addressed,
(f) if the decision is to proceed with the project—
(i) any conditions to which the decision is subject,
(ii) the reasoned conclusion referred to in section 20B(1)(d),
(iii) a statement that the Scottish Ministers are satisfied that the reasoned conclusion is still up to date,
(iv) a description of any features of the project and any measures envisaged in order to avoid, prevent or reduce and, if possible, offset likely significant adverse effects on the environment,
(v) a description of any monitoring measures required under section 20G, and
(g) information regarding the right to challenge the validity of the decision and the procedures for doing so,
and at the same time must make such documents available to the public.
(1BA) Where—
(a) the Scottish Ministers publish under sub-paragraph (1B) above a decision to proceed with a project; and
(b) the order giving effect to that decision is subject to the affirmative procedure by virtue of section 143A(3) of this Act,
they shall publish together with the decision a statement to the effect that the order cannot be made unless the Scottish Parliament, by resolution, approves a draft statutory instrument containing it.
(1BB) For the purposes of sub-paragraph (1B)(f)(iii) the reasoned conclusion referred to in section 20B(1)(d) is still up to date if the Scottish Ministers are satisfied, having regard to current knowledge and methods of assessment, that the reasoned conclusion addresses the likely significant effects of the project on the environment.
(1C) Any requirement for publication in connection with an environmental impact assessment shall be met by publication—
(a) in the Edinburgh Gazette,
(b) in at least one local newspaper circulating in the area in which the project is situated, and
(c) on the website the Scottish Ministers use for the purpose of giving information to the public about projects of a category into which the project in question falls.
(1D) Any non-governmental organisation promoting environmental protection and meeting any requirements under the law of any part of the United Kingdom shall be deemed to have an interest for the purposes of Article 11 (a) of the Directive and rights capable of being impaired for the purposes of Article 11 (b) of the Directive.
(1E) For the purpose of sub-paragraph (1D) Article 11(1) of the Directive is to be read as if the reference to—
(a) “Member States” were a reference to “The Scottish Ministers”,
(b) “a Member State” were a reference to “Scotland”.
(2) The power under this paragraph to make or confirm the order includes power to make or confirm it so far as relating to part of the proposals contained in it (either without modification or subject to such modifications as he thinks fit) while deferring consideration of the remaining part.
8 In this Part of this Schedule references to a proposed order or an order proposed to be made include references to an order made by a local roads authority and submitted to the Secretary of State.
Part II Schemes Under Sections 7 and 75(3)
9 Where the Secretary of State proposes to make a scheme under section 7 or 75(3) of this Act, or where a scheme under either of those sections is submitted to the Secretary of State by a local roads authority, the Secretary of State or that authority, as the case may be, shall publish in at least one newspaper circulating in the area in which the road, or as the case may be the site of the bridge or tunnel, to which the scheme relates is situated and in the Edinburgh Gazette a notice—
(a) stating the general effect of the proposed scheme;
(b) specifying a place in the said area where copies of a draft of the scheme, or of the scheme as submitted to the Secretary of State, as the case may be, and of any relevant map or plan may be inspected free of charge, at all reasonable hours during a period specified in the notice, being not less than six weeks from the date of the publication of the notice; and
(c) stating that, within the said period, any person may by notice to the Secretary of State object to the making or confirmation of the scheme.
10 Not later than the day on which the said notice is published or, if it is published on two more days, the day on which it is first published, the Secretary of State or the local roads authority, as the case may be, shall serve a copy of it (together with a copy of draft scheme or of the scheme, as the case may be, and of any relevant map of plan)—
(a) on every local authority in whose area any part of the route of the special road, or as the case may be the site of the bridge or tunnel, is situated; and
(b) where the scheme provides for the construction of a bridge over or tunnel under any navigable waters, on
(i) every navigation authority . . . concerned with or having jurisdiction over the waters affected or over the area comprising those waters, and
(ii) Scottish Water.
11 If before the expiration of the period specified in pursuance of paragraph 9(b) above an objection is received by the Secretary of State from any person on whom a copy of the notice is required to be served under paragraph 10 above of from any other person appearing to him affected by the proposed scheme, and the objection is not withdrawn, the Secretary of State shall, subject to paragraph 12 below, cause a local inquiry to be held.
12 Except where the objection is made by any person on whom notice is required to be served under paragraph 10 above, the Secretary of State may, if he is satisfied that in the circumstances of the case the holding of an inquiry under paragraph 11 above is unnecessary, dispense with such an inquiry.
13 (1) ...after considering objections (if any) to the proposed scheme which are not withdrawn and, where a local inquiry is held, the report of the person who held the inquiry, the Secretary of State may make or confirm the scheme either without modification or subject to such modifications as he thinks fit or, where the scheme is subject to the affirmative procedure by virtue of section 143A(3) of this Act, lay before the Scottish Parliament a draft statutory instrument containing the scheme (with or without modification).
(1A) Where the Scottish Ministers have published an EIA report they shall take into consideration–
(a) that report; ...
(b) any opinion on that report or the project which is expressed in writing by any of the consultation bodies or by any other person and is received by the Scottish Ministers within any period specified for the purpose by them; and
(c) where section 20F applies and the EEA State has indicated in accordance with subsection (4) of that section that it wishes to participate in the environmental impact assessment procedure, any opinion on that report or the project which is expressed in writing by the EEA State, by a member of the public in the EEA State or by any of the authorities in that State that the State has specified as authorities to be consulted and is received by the Scottish Ministers within any period specified for the purpose by them.
(1B) When the Scottish Ministers have decided whether to proceed with the project in relation to which an environmental impact assessment has been made they shall publish their decision together with a statement confirming they have complied with sub-paragraph (1A) and shall notify the consultation bodies by sending to them copies of, and make available to the public, documents containing—
(a) a description of the project;
(b) the terms of the decision;
(c) the main reasons and considerations on which the decision is based;
(d) information about the arrangements taken to ensure the public had the opportunity to participate in the decision making procedures;
(e) a summary of—
(i) the environmental information; and
(ii) the results of the consultations and information gathered pursuant to section 20C and, where relevant, section 20F, and how those results, in particular comments received from an EEA State pursuant to consultation under section 20F, have been incorporated or otherwise addressed;
(f) if the decision is to proceed with the project—
(i) any conditions to which the decision is subject;
(ii) the reasoned conclusion referred to in section 20B(1)(d);
(iii) a statement that the Scottish Ministers are satisfied that the reasoned conclusion is still up to date;
(iv) a description of any features of the project and any measures envisaged in order to avoid, prevent or reduce and, if possible, offset likely significant adverse effects on the environment; and
(v) a description of any monitoring measures required under section 20G; and
(g) information regarding the right to challenge the validity of the decision and the procedures for doing so.
(1BA) Where—
(a) the Scottish Ministers publish under sub-paragraph (1B) above a decision to proceed with a project; and
(b) a draft of the statutory instrument giving effect to that decision is to be laid before the Scottish Parliament under section 143A(3) of this Act,
they shall publish together with the decision a statement to the effect that the instrument cannot be made unless the Scottish Parliament, by resolution, approves the draft statutory instrument.
(1BB) For the purposes of sub-paragraph (1B)(f)(iii) the reasoned conclusion referred to in section 20B(1)(d) is still up to date if the Scottish Ministers are satisfied, having regard to current knowledge and methods of assessment, that the reasoned conclusion addresses the likely significant effects of the project on the environment.
(1C) Any requirement for publication in connection with an environmental impact assessment shall be met by publication—
(a) in the Edinburgh Gazette;
(b) in at least one local newspaper circulating in the area in which the project is situated; and
(c) on the website the Scottish Ministers use for the purpose of giving information to the public about projects of a category into which the project in question falls.
(1D) Any non-governmental organisation promoting environmental protection and meeting any requirements under the law of any part of the United Kingdom shall be deemed to have an interest for the purposes of 11 of the Directive and rights capable of being impaired for the purposes of 11 of the Directive.
(1E) For the purpose of sub-paragraph (1D) Article 11(1) of the Directive is to be read as if the reference to—
(a) “Member States” were a reference to “The Scottish Ministers”,
(b) “a Member State” were a reference to “Scotland”.
(2) The power under this paragraph to make or confirm the scheme includes power to make or confirm it so far as relating to part of the proposals contained in it (either without modification or subject to such modifications as the Secretary of State thinks fit) while deferring consideration of the remaining part.
14 In this Part of this Schedule “proposed scheme” includes a scheme made by a local roads authority and submitted to the Secretary of State.
Part IIA Toll Orders Under Section 27 of the New Roads and Street Works Act 1991
14A (1) Where the Secretary of State proposes to make a toll order under section 27 of the New Roads and Street Works Act 1991, he shall prepare a draft of the order and shall publish in at least one newspaper circulating in the area in which the proposed special road is to be situated, and in the Edinburgh Gazette, a notice—
(a) stating the general effect of the proposed order;
(b) naming a place in that area where a copy of the draft order may be inspected by any person free of charge at all reasonable hours during a period specified in the notice, being a period of not less than six weeks from the date of the publication of the notice; and
(c) stating that, within that period, any person may by notice to the Secretary of State object to the making of the order.
(2) Where a toll order is submitted to the Secretary of State by a local roads authority, the authority shall publish in at least one newspaper circulating in the area in which the proposed special road is to be situated, and in the Edinburgh Gazette, a notice—
(a) stating the general effect of the order as submitted to the Secretary of State;
(b) naming a place in that area where a copy of the order may be inspected by any person free of charge at all reasonable hours during a period specified in the notice, being a period of not less than six weeks from the date of the publication of the notice; and
(c) stating that, within that period, any person may by notice to the Secretary of State object to the confirmation of the order.
(3) Where it is intended that the proposed toll order shall authorise the special road authority to assign their rights to charge and collect tolls, the Secretary of State or, as the case may be, the local roads authority shall make a statement containing such information as may be prescribed with respect to that assignation and the person to whom the rights are intended to be assigned and—
(a) the statement shall be made available for inspection with the copy of the order to which the notice under subparagraph (1) or (2) relates; and
(b) the notice shall state that such a statement will be so available.
(4) In sub-paragraph (3) “prescribed” means prescribed by the Secretary of State by regulations made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
14B The Secretary of State may, if he is satisfied that in the circumstances of the case the holding of an inquiry is unnecessary, dispense with such an inquiry.
14C (1) ... after considering objections (if any) to the proposed order which are not withdrawn and, where a local inquiry is held, the report of the person who held the inquiry, the Secretary of State may make or confirm the order either without modification or subject to such modifications as he thinks fit.
(2) The power under this paragraph to make or confirm the order includes power to make or confirm it so far as relating to part of the proposals contained in it (either without modification or subject to such modifications as the Secretary of State thinks fit) while deferring consideration of the remaining part.
14D . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
14E In this Part of this Schedule “proposed order” includes an order made by a local roads authority and submitted to the Secretary of State.
Part III General
15 Any person who objects to the making or confirmation of an order or scheme pursuant to this Schedule shall include in the notice of objection a statement of the grounds of objection; and the Secretary of State may disregard any such notice of objection which does not contain such a statement.
16 The Secretary of State may, by notice served on a person objecting to the making or confirmation of an order or scheme pursuant to this Schedule who submits that any road to which the order or scheme relates should follow an alternative route, require such person within such period as may be specified in the notice to give sufficient details of the alternative route to enable it to be identified and may disregard so much of the objection as consists of a submission to which the notice applies unless the person making the objection has complied with the notice.
17 Proceedings required to be taken for the purposes of an order under section 9 of this Act relating to a special road or for the purposes of an order under section 12 of this Act relating to a trunk road may be taken concurrently with proceedings required by this Schedule to be taken for the purposes of an order under section 5 of this Act or, as the case may be for the purposes of a scheme under section 7 of this Act, relating to that road.
18 Section 210(2) to (8) of the Local Government (Scotland) Act 1973 shall apply to any inquiry held under paragraph 5, 11 or 14B above as it applies in relation to a local inquiry under that section....
Part IV Application of Statutory Orders (Special Procedure)Act1945
19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
SCHEDULE 1A INFORMATION FOR INCLUSION IN ENVIRONMENTAL IMPACT ASSESSMENT REPORTS
1. A description of the project, including in particular:
(a) a description of the location of the project,
(b) a description of the physical characteristics of all the works covered by the application, including, where relevant, demolition works, and the land use requirements during the construction and operational phases,
(c) a description of the main characteristics of the operational phase of the project (in particular any production process), for instance, energy demand and energy used, nature and quantity of the materials and natural resources (including water, land, soil and biodiversity) used,
(d) an estimate, by type and quantity, of expected residues and emissions (such as water, air, soil and subsoil pollution, noise, vibration, light, heat, radiation and quantities and types of waste produced during the construction and operation phases.
2. A description of the reasonable alternatives (for example in terms of project design, technology, location, size and scale) studied by the applicant, which are relevant to the project and its specific characteristics, and an indication of the main reasons for selecting the chosen option, including a comparison of the environmental effects.
3. A description of the relevant aspects of the current state of the environment (baseline scenario) and an outline of the likely evolution thereof without implementation of the project as far as natural changes from the baseline scenario can be assessed with reasonable effort on the basis of the availability of environmental information and scientific knowledge.
4. A description of the factors specified in section 20B(3) likely to be significantly affected by the development: population, human health, biodiversity (for example fauna and flora), land (for example land take), soil (for example organic matter, erosion, compaction, sealing), water (for example hydromorphological changes, quantity and quality), air, climate (for example greenhouse gas emissions, impacts relevant to adaptation), material assets, cultural heritage, including architectural and archaeological aspects, and landscape.
5. A description of the likely significant effects of the project on the environment resulting from, inter alia:
(a) the construction and existence of the project, including, where relevant, demolition works,
(b) the use of natural resources, in particular land, soil, water and biodiversity, considering as far as possible the sustainable availability of these resources,
(c) the emission of pollutants, noise, vibration, light, heat and radiation, the creation of nuisances, and the disposal and recovery of waste,
(d) the risks to human health, cultural heritage or the environment (for example due to accidents or disasters),
(e) the cumulation of effects with other existing and/or approved development projects, taking into account any existing environmental problems relating to areas of particular environmental importance likely to be affected or the use of natural resources,
(f) the impact of the project on climate (for example the nature and magnitude of greenhouse gas emissions) and the vulnerability of the project to climate change,
(g) the technologies and the substances used.
6. The description of the likely significant effects on the factors specified in section 20B(3) should cover the direct effects and any indirect, secondary, cumulative, transboundary, short-term, medium-term and long-term, permanent and temporary, positive and negative effects of the project. This description should take into account the environmental protection objectives in assimilated law or otherwise under the law of any part of the United Kingdom which are relevant to the project.
7. A description of the forecasting methods or evidence, used to identify and assess the significant effects on the environment, including details of difficulties (for example technical deficiencies or lack of knowledge) encountered compiling the required information and the main uncertainties involved.
8. A description of the measures envisaged to avoid, prevent, reduce or, if possible, offset any identified significant adverse effects on the environment and, where appropriate, of any proposed monitoring arrangements (for example the preparation of a post-project analysis). That description should explain the extent to which significant adverse effects on the environment are avoided, prevented, reduced or offset, and should cover both the construction and operational phases.
9. A description of the expected significant adverse effects of the project on the environment deriving from the vulnerability of the development to risks of major accidents and/or disasters which are relevant to the project concerned. Relevant information available and obtained through risk assessments pursuant to ... national legislation may be used for this purpose provided that the requirements of any law that implemented this Directive are met. Where appropriate, this description should include measures envisaged to prevent or mitigate the significant adverse effects of such events on the environment and details of the preparedness for and proposed response to such emergencies.
10. A non-technical summary of the information provided under points 1 to 9.
11. A reference list detailing the sources used for the descriptions and assessments included in the EIA report.
SCHEDULE 2 Validity and Date of Operation of Certain Orders and Schemes
Sections, 5, 7, 9, 12, 75 and 77.
1 As soon as may be after a scheme or order to which this Schedule applies has been made or confirmed by the Secretary of State (or where the order, scheme or instrument confirming the scheme is subject to the affirmative procedure by virtue of section 143A(3) of this Act, after a draft statutory instrument containing or confirming the order or scheme has been laid before the Scottish Parliament) , he shall publish in the Edinburgh Gazette, and in such other manner as he thinks best adapted for informing persons affected, a notice,
(a) stating that the scheme or order has been made or confirmed , or as the case may be, that a draft statutory instrument containing or confirming it has been laid before the Scottish Parliament ...
(b) naming a place where a copy thereof may be inspected free of charge at all reasonable hours
(c) if subsection (3) of section 143A of this Act does not apply to the order, scheme or instrument confirming the scheme , giving information regarding—
(i) the date on which the scheme or order will become operative; and
(ii) the right to challenge the validity of the scheme or order and the procedure for doing so; and
(d) if that subsection does apply to the order, scheme or instrument confirming the scheme, stating that the order, scheme or instrument confirming the scheme cannot be made unless the Scottish Parliament, by resolution, approves a draft statutory instrument containing it.
1A Where an order, scheme or instrument confirming a scheme is subject to the affirmative procedure by virtue of section143A(3) of this Act, as soon as may be after the Scottish Ministers have made the order, scheme or instrument confirming the scheme or, as the case may be, the Scottish Parliament has decided not to approve the draft statutory instrument laid before it under that section , the Scottish Ministers shall publish in the Edinburgh Gazette, and in such other manner as they think best adapted for informing persons affected, a notice—
(a) stating that the order, scheme or instrument has been made or, as the case may be, the Parliament has decided not to approve the draft statutory instrument;
(b) where the order, scheme or instrument has been made , providing information regarding—
(i) the date on which the relevant scheme or order will become operative;
(ii) the place where a copy of it may be inspected free of charge at all reasonable hours; and
(iii) the right to challenge the validity of the scheme or order and the procedure for doing so.
2 If any person aggrieved by the scheme or order desires to question the validity thereof, or of any provision contained therein, on the grounds that it is not within the powers of this Act or that any requirement of this Act or of any regulations made thereunder has not been complied with in relation to the scheme or order, he may, within six weeks of the
(a) date on which the notice required by paragraph 1 above is first published,or
(b) in a case where a notice under paragraph 1A above is required, the date on which that notice is first published,
make an application as regards that validity to the Court of Session.
3 On any such application the Court—
(a) may by interim order suspend the operation of the scheme or order or of any provision contained in it, either generally or in so far as it affects any property of the applicant, until the final determination of the proceedings; and
(b) if satisfied that the scheme or order or any provision contained in it is not within the powers of this Act or that the interests of the applicant have been substantially prejudiced by failure to comply with any such requirement as aforesaid, may quash the scheme or order or any provision contained in it, either generally or in so far as it effects the property of the applicant.
4 Subject to paragraph 3 above, a scheme or order to which this Schedule applies shall not, either before or after it as been made or confirmed, be questioned in any legal proceedings whatever, and shall become operative on the date on which the notice required by paragraph 1 above is first published or on such later date, if any, as may be specified in the scheme or order.
5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
SCHEDULE 3 Classes of Traffic for Purposes of Special Roads
Section 8(2).
CLASS I:
Heavy and light locomotives,
motor tractors,
heavy motor cars,
motor cars,
motor cycles whereof the cylinder capacity of the engine is not less than 50 cubic centimetres, and
trailers drawn thereby,
which comply with general regulations as to construction and use made under section 40 of the Road Traffic Act 1972 and in the case of which—
(i) the whole weight of the vehicle is transmitted to the road surface by means of wheels;
(ii) all wheels of the vehicle are equipped with pneumatic tyres;
(iii) the vehicle is not controlled by a pedestrian;
(iv) the vehicle is not a vehicle chargeable with duty under paragraph 2 of Part I of Schedule 3 to the Vehicles (Excise) Act 1971; and
(v) it is so constructed, being a motor vehicle, as to be capable of attaining a speed of 25 miles per hour on the level under its own power, when unladen and not drawing a trailer.
CLASS II:
Motor vehicles and trailers the use of which for or in connection with the conveyance of abnormal indivisible loads is authorised by order made by the Secretary of State under section 42(1) of the Road Traffic Act 1972.
Motor vehicles and trailers constructed for naval, military, air force or other defence purposes, the use of which is authorised by order made by the Secretary of State under section 42(1) of the Road Traffic Act 1972.
Motor vehicles and trailers, to which Articles 16 (which relates to vehicles for moving excavated material), 17 (which relates among other things to vehicles constructed for use outside the United Kingdom) and 21 (which relates to engineering plant) of the Motor Vehicles (Authorisation of Special Types) General Order 1973 relate and which are authorised to be used by those Articles or by any other Order under section 42(1) of the Road Traffic Act 1972, the said motor vehicles being so constructed as to be capable of attaining a speed of 25 miles per hour on the level under their own power, when unladen and not drawing a trailer.
CLASS III: Motor vehicles controlled by pedestrians.
CLASS IV: All motor vehicles (other than invalid carriages and motor cycles whereof the cylinder capacity of the engine is less than 50 cubic centimetres) not comprised in Class I, Class II or Class III.
CLASS V: Vehicles drawn by animals.
CLASS VI: Vehicles (other than pedal cycles, perambulators, push-chairs and other forms of baby-carriages) drawn or propelled by pedestrians.
CLASS VII: Pedal cycles, motor cycles wherof the cylinder capacity of the engine is less than 50 cubic centimetres and invalid carriages.
CLASS VIII: Animals ridden, led or driven (other than dogs held on a lead).
CLASS IX: Pedestrians, perambulators, push-chairs and other forms of baby carriages, and dogs held on a lead.
In this Schedule any expression defined for the purposes of the Road Traffic Act 1972 has the same meaning as in that Act and the expression “abnormal indivisible load” has the same meaning as in the Motor Vehicles (Authorisation of Special Types) General Order 1973.
SCHEDULE 4 Procedure for Determination by Roads Authority of Certain Questions in Connection with Cattle-Grids
Sections 41 and 45.
1 (1) Before determining, under section 41 or 45 of this Act, the question—
(a) whether it is expedient to place any part of a cattle-grid, or provide a by-pass, on any such land not forming part of a road and not belonging to the roads authority as is mentioned in subsection (4) of the said section 41;
(b) whether it is expedient to provide a by-pass along any part of a road; or
(c) whether the purpose for which a right to instal gates is exercisable will be adequately achieved by the provision of a cattle-grid,
the authority shall comply with the requirements of sub-paragraph (2) below.
(2) The requirements referred to in sub-paragraph (1) above are that the authority shall—
(a) publish in two successive weeks in one or more newspapers circulating in the area where the cattle-grid is to be, or has been, provided a notice—
(i) stating generally the question for determination;
(ii) naming a place within the said area where a copy may be inspected free of charge at all reasonable hours of such plans as appear, or other descriptive matter as appears, to the authority to be requisite for enabling the nature of the question to be understood; and
(iii) specifying the time (not being less than 28 days from the date of the first publication of the notice) within which and the manner in which representations may be made to the authority; and
(b) display a like notice in a prominent position at the place where the cattle-grid is to be or has been provided.
2 If no representation is duly made under paragraph 1 above, or every representation so made is withdrawn, the authority may proceed to determine the question.
3 (1) Where a representation is duly made as aforesaid and not withdrawn the following provisions of this paragraph shall have effect.
(2) Where the authority is not the Secretary of State, they shall forward the representation to him, together with their observations thereon and their proposals, in the light of the representation, for determining the question.
(3) The Secretary of State shall consider any representations received by him (and, where the authority is not the Secretary of State, their observations and proposals forwarded to him as aforesaid) and shall either cause a local inquiry to be held or afford to any person by whom a representation has been duly made and not withdrawn and, where the authority is not the Secretary of State, to that authority, an opportunity of appearing before and being heard by a person appointed by the Secretary of State for the purpose.
(4) After the Secretary of State has considered the report of the person who held the inquiry under sub-paragraph (3) above, or of the person appointed under that sub-paragraph, as the case may be—
(a) the Secretary of State may, where he is the roads authority, proceed to determine the question;
(b) where he is not the roads authority, the authority may determine the question in the affirmative if the Secretary of State consents, but otherwise, and subject to compliance with any conditions subject to which his consent is given.
(5) Notwithstanding anything in sub-paragraph (3) above, except where a representation is made by a roads authority other than the Secretary of State, the Secretary of State may, if satisfied that in the special circumstances of the case the holding of a local inquiry or the affording to the person making such representation as aforesaid of an opportunity to be heard by a person appointed by the Secretary of State is unnecessary, proceed without compliance with the provisions of the said sub-paragraph (3).
(6) As soon as may be after the determination of the question, a notice of the determination shall be sent by the Secretary of State to any person by whom a representation has been made under the foregoing provisions of this Schedule.
(7) Subsections (2) to (8) of section 210 of the Local Government (Scotland) Act 1973 (procedure for holding local inquiries) shall apply to a local inquiry held under sub-paragraph (3) above as they apply to the inquiries mentioned in subsection (1) of the said section 210.
4 For the purpose of displaying a notice as required by paragraph 1 of this Schedule, the roads authority may, in the road or on adjoining land (whether or not belonging to the authority) erect and maintain posts or boards or affix a notice to any building or structure; but the powers conferred by this paragraph shall not be exercised on occupied land adjoining the road except with the consent of the occupier.
5 The Secretary of State may make regulations for securing that proceedings required by the First Schedule to the Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947 to be taken in respect of the compulsory acquisition of land under section 106 of this Act may be taken concurrently (so far as practicable) with proceedings required to be taken under the foregoing provisions of this Schedule.
6 In relation to the exercise by a local roads authority of functions of the Secretary of State delegated to them under section 4 of this Act, the foregoing provisions of this Schedule shall apply as if they, and not the Secretary of State, were the roads authority.
SCHEDULE 5 Distance Limits from Public Road for Purposes of Compulsory Acquisition
Section 109.
Part I Table of Limits
Acquisition provision | Distance limit
1. Section 104(1)(a). | 200 metres from the middle of the road.
2. Section 104(2)(a) or (3)(a) or (b). | 200 metres from the middle of the trunk road or the special road, as the case may be or, where the land is required in connection with the improvement, alteration or construction of any other road, from the middle of that other road.
3. Section 105(2) in so far as it relates to works authorised by an order relating to a public road under section 12 of this Act. | 200 metres from the middle of a side-road.
4. Section 105(2) in so far as it relates to works authorised by section 69 or 70 of this Act. | 800 metres from the middle of the road from which new means of access are to be provided.
5. Section 108. | 800 metres from the middle of the trunk road.
Part II Further Provision With Respect to Limits
1 In the entries numbered 2 and 3 in Part I of this Schedule the distance limit specified in column 2 shall, in relation to land required for the provision of new means of access to premises from a public road, have effect with the substitution for the distance there mentioned of a distance of 800 metres from the middle of the road.
2 Where the boundaries of any road will be altered in consequence of an improvement proposed to be made under any enactment in relation to the road then, for the purposes of this Act, the middle of that road shall be the middle of it as proposed to be improved.
SCHEDULE 6 Special Transitional Provisions for Trunk Roads
Section 112(10).
Part I
1 All orders and regulations made, and all directions, consents and notices given, with respect to a road which becomes a trunk road, by the former roads authority for the purpose of their functions with respect to that road shall, if they were in force immediately before the road became a trunk road, have effect with respect to the trunk road as if made or given by the Secretary of State; but nothing in this paragraph shall be taken as transferring to the Secretary of State any liability not transferred to him by or under section 112 of this Act.
2 All contracts, deeds, bonds or agreements entered into or made by the former roads authority for a road which becomes a trunk road, being contracts, deeds, bonds or agreements subsisting on the day on which it so becomes, shall, in so far as they relate to property and liabilities transferred to the Secretary of State in respect of that road, have effect with the substitution of the Secretary of State for the authority and may be enforced by or against the Secretary of State accordingly.
3 The provisions of this Schedule shall apply in a case where a road ceases to be a trunk road in like manner as they apply where a road becomes a trunk road, with the substitution for the references to the former roads authority, and to any local authority, of references to the Secretary of State, and for references to the Secretary of State of references to the authority which becomes the local roads authority for the roads.
Part II
4 Section 6 of this Act applies to a road which at the commencement of this Act is a trunk road as it applies to a road which becomes a trunk road after the said commencement.
5 An order under section 1(3) of the Trunk Roads Act 1936 (power to provide that a road superseding part of a trunk road should itself become a trunk road) continued in force by the proviso to section 12(3) of the Trunk Roads Act 1946 and section 14(7) of the Special Roads Act 1949, and still in force (whether or not varied under those provisions) immediately before the commencement of this Act, shall continue in force and may be varied or revoked by a subsequent order made in the like manner subject to the like provisions
6 An order under section 4 of the Trunk Roads Act 1946 (certain powers relating to side roads connected with trunk roads) continued in force by section 14(6) of the Special Roads Act 1949 and still in force (whether or not varied under the said section 14(6)) immediately before the commencement of this Act, shall continue in force and the provisions of the said section 4 shall continue to apply to any such order as if that section had not been repealed.
Amendment of Road Traffic Regulation Act 1984 (c.27)
1 The Road Traffic Regulation Act 1984 shall be amended in accordance with this Schedule.
2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3 In section 85 (traffic signs for indicating speed restrictions)—
(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c) after subsection (5) there shall be inserted the following subsection—
(5A) In any proceedings for a contravention of section 81 of this Act, a certificate of an officer of the Secretary of State that a road is of a specified classification or type shall be sufficient evidence of the facts certified; and a document purporting to be such a certificate and to be signed by such an officer shall be deemed to be such a certificate unless the contrary is shown.
.
4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Transitional provision
5 Where, immediately prior to the commencement of this Schedule—
(a) a road is or is deemed to be a restricted road for the purposes of section 81 of the Road Traffic Regulation Act 1984, and that road would, apart from this paragraph, cease to be a restricted road in consequence of the first regulations made by the Secretary of State under section 82(1) of that Act as amended by paragraph 2 above; or
(b) a road is not and is not deemed to be a restricted road for those purposes and that road would, apart from this paragraph, become a restricted road in consequence of those regulations,
the roads authority may, prior to the commencement of the regulations, make an order specifying the road, and the road shall, notwithstanding the commencement of the regulations, continue to be, or to be deemed to be, a restricted road or as the case may be, a road which is not a restricted road until such time as the order is superseded, in relation to that road, by a direction under section 82(2) of that Act (directions making specified roads restricted or not restricted) or an order under section 84(1) of that Act (power to fix speed limits).
Section 131(2).
Section of this Act | Penalty
1. Section 22 (failure to obtain, or contravention of, construction consent). | On summary conviction, the statutory maximum; and on conviction on indictment a fine.
2. Section 31(5) (interference with drain or barrier). | Level 3.
3. Section 56(6)(a) (works or excavations without consent). | Level 3.
4. Section 56(6)(b) (failure to provide, or to provide proper, door or cover). | Level 3.
5. Section 57(4) (works or excavations constituting or becoming a danger). | Level 4.
6. Section 58(1) or (3) (depositing building materials etc. in road without permission). | Level 4.
7. Section 59(2) (depositing materials in road without permission so as to cause obstruction). | Level 4.
8. Section 59(3) (failure to remove obstruction when required to do so). | Level 1.
9. Section 60(3) (failure to fence or light, etc. obstruction or excavation). | Level 5.
10. Section 60(4) (interference with fencing, lighting, etc. of obstructions and excavations). | Level 5.
11. Section 62(5) (contravention of temporary restriction or prohibition of traffic or foot passage on road). | Level 2.
12. Section 65(1) (conveying insecure load on drawn vehicle). | Level 4.
13. Section 65(2) (permitting child to drive drawn vehicle). | Level 2.
14. Section 71(5) (using stopped up public access). | Level 3.
15. Section 72(4) (using stopped up private access). | Level 3.
16. Section 83(7) (contravention of obstruction notice). | Level 1.
17. Section 85(3) and (4) (improper use of builders’ skip). | Level 3.
18. Section 90(2) (improper fixing or placing of overhead bridges, etc.). | Level 3.
19. Section 92(3) (planting trees, etc. near carriageway without consent). | Level 1.
20. Section 94(2) (opening up filled in dangerous ditch). | Level 3.
21. Section 95(1) dropping and failing to remove mud, etc.). | Level 1.
22. Section 97(3) (trading in or near road without consent). | Level 3.
23. Section 98(1) (leaving animal on, or allowing it to stray onto, road). | Level 3.
24. Section 99(6) (failing to prevent flow of water, etc. onto road). | Level 4.
25. Section 100 (causing damage to road, etc.). | Level 3.
26. Section 101 (placing rope, etc. across road without adequate warning). | Level 3.
27. Section 102 (failing to make side ridges when ploughing unenclosed land). | Level 2.
28. Section 129(1) (leaving vault or cellar open and unfenced). | Level 2.
29. Section 129(2) (placing or depositing in road something which obstructs or endangers road users). | Level 2.
30. Section 129(3) (carrying projecting load). | Level 3.
31. Section 129(4) (camping in road). | Level 2.
32. Section 129(5) (driving on footway, etc.). | Level 2.
33. Section 129(6) (parking motor vehicle on cycle track). | Level 2.
34. Section 129(7) (reckless or careless riding, etc.). | Level 3.
35. Section 129(8) (improper placing of shade, awning, etc.). | Level 2.
36. Section 129(9) (displaying in footway goods for sale). | Level 3.
37. Section 129(10) (taking away road construction materials, etc.). | Level 3.
38. Section 140(3) and (5) (carrying out works without proper notice). | Level 3.
39. Section 140(4) and (5) (carrying out works without requisite authority). | Level 3.
40. Section 140(9) (obstruction of person exercising powers of entry). | Level 3.
Offence | Brief description
An offence under section 58(1) | Deposit of building materials in in or erection of scaffolding over road without or other than in accordance with permission.
An offence under section 85(3) as read with (4) | Deposit of builder's skip on road without permission of roads authority. Failure of owner of skip or other person to ensure conditions of permission complied with.