Law

Roads (Scotland) Act 1984

United Kingdom · statute

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In force since 2024-01-01, as the publisher states.

Copy read on 2026-11-08. The page it was read from

Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

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Contents: 204 provisions

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204 provisions

SCHEDULE 8B FIXED PENALTIES FOR CERTAIN OFFENCES

Power to give fixed penalty notices 1 (1) An authorised officer of a roads authority may, if having reason to believe that a person is committing or has committed a fixed penalty offence, give that person a fixed penalty notice in relation to that offence. (2) In this Schedule “fixed penalty notice” means a notice offering a person the opportunity of discharging any liability to conviction for a fixed penalty offence by payment of a penalty. 2 A fixed penalty notice for an offence may not be given after such time relating to the offence as the Scottish Ministers may by regulations prescribe. Contents of fixed penalty notice 3 (1) A fixed penalty notice shall identify the offence to which it relates and give reasonable particulars of the circumstances alleged to constitute that offence. (2) A fixed penalty notice shall also state— (a) the amount of the penalty and the period within which it may be paid; (b) the discounted amount and the period within which it may be paid; (c) the person to whom and the address at which payment may be made; (d) the method or methods by which payment may be made; (e) the person to whom and the address at which any representations relating to the notice may be made; (f) the consequences of not making a payment within the period for payment. (3) The person specified under sub-paragraph (2)(c) must be the roads authority or a person acting on their behalf. The amount of the penalty and the period for payment 4 (1) The penalty for a fixed penalty offence is (subject to paragraph 5) such amount, not exceeding 30 per cent. of the maximum fine for that offence, as the Scottish Ministers may by regulations prescribe. (2) The period for payment of the penalty is the period of 36 days beginning with the day on which the notice is given. (3) The roads authority may extend the period for paying the penalty in any particular case if they consider it appropriate to do so. The discounted amount 5 (1) A discounted amount is payable instead of the amount prescribed under paragraph 4(1) if payment is made before the end of the period of 29 days beginning with the day on which the notice is given. (2) The discounted amount for a fixed penalty offence is such amount, not exceeding 25 per cent. of the maximum fine for the offence, as the Scottish Ministers may by regulations prescribe. (3) If the last day of the period specified in sub-paragraph (1) does not fall on a working day, the period for payment of the discounted amount is extended until the end of the next working day. Effect of notice and payment of penalty 6 (1) This paragraph applies where a person is served with a fixed penalty notice in respect of a fixed penalty offence. (2) No proceedings for the offence may be commenced before the end of the period for payment of the penalty. (3) No such proceedings may be commenced or continued if payment of the penalty is made before the end of that period or is accepted by the roads authority after that time. (4) Payment of the discounted amount counts for the purposes of sub-paragraph (3) only if it is made before the end of the period for payment of the discounted amount. (5) In proceedings for the offence a certificate which— (a) purports to be signed by or on behalf of a person having responsibility for the financial affairs of the roads authority; and (b) states that payment of an amount specified in the certificate was or was not received by a date so specified, is sufficient evidence of the facts stated. Request for hearing 7 (1) A person to whom a fixed penalty notice has been given may, before the expiry of the period for payment of the penalty, give notice requesting a hearing in respect of the offence to which the fixed penalty notice relates. (2) A notice requesting a hearing under sub-paragraph (1) shall be in writing and shall be sent by post or delivered to the person specified under paragraph 3(2)(c) in the fixed penalty notice at the address so specified. (3) For the purposes of this paragraph and unless the contrary is proved, the sending of a notice by post is deemed to have been effected at the time at which the notice would be delivered in the ordinary course of post. (4) Where a person has requested a hearing in accordance with this section— (a) the roads authority shall hold the hearing; (b) a person authorised for the purpose by the roads authority in whose area the offence was committed shall notify the procurator fiscal of the request; and (c) the period for payment of the fixed penalty shall be calculated so that the period beginning with the giving of the notice under this paragraph and ending with the receipt by the person who gave that notice of the decision reached at the hearing is left out of account. Power to withdraw notices 8 (1) If the roads authority consider (whether after holding a hearing under paragraph 7 or not) that a fixed penalty notice which has been given ought not to have been given, they may give to the person to whom it was given a notice withdrawing the fixed penalty notice. (2) Where a notice under sub-paragraph (1) is given— (a) the roads authority shall repay any amount which has been paid by way of penalty in pursuance of the fixed penalty notice; and (b) no proceedings shall be commenced or continued against that person for the offence in question. (3) The roads authority shall consider any representations made by or on behalf of the recipient of a fixed penalty notice and decide in all the circumstances whether to withdraw the notice. Effect of prosecution on notice 9 Where proceedings for an offence in respect of which a fixed penalty notice has been given are commenced, the notice is to be treated as withdrawn. Recovery of unpaid fixed penalties 10 Subject to paragraphs 8 and 9, where a fixed penalty remains unpaid after the expiry of the period for payment of the penalty it shall be enforceable in like manner as an extract registered decree arbitral bearing a warrant for execution issued by the sheriff for any sheriffdom. Judicial determination of enforcement of fixed penalty 11 (1) A person against whom a fixed penalty bears to be enforceable under paragraph 10 may apply to the sheriff by summary application for a declaration that the fixed penalty is not enforceable on the ground that— (a) the fixed penalty was paid before the expiry of the period for paying; or (b) the person has made a request for a hearing in accordance with paragraph 7 and no hearing has been held within a reasonable time after the request. (2) On an application under sub-paragraph (1), the sheriff may declare— (a) that the person has or, as the case may be, has not paid the fixed penalty within the period for payment of the penalty; (b) that the person has or, as the case may be, has not requested a hearing in accordance with paragraph 7; (c) that, where such a request has been made, a hearing has or, as the case may be, has not been held within a reasonable time after the request, and accordingly, that the fixed penalty is or, as the case may be, is not enforceable. General and supplementary 12 (1) The roads authority shall, subject to sub-paragraph (2), remit the money received by them by way of fixed penalties under this Schedule to the Scottish Ministers. (2) The Scottish Ministers may, by regulations, provide that the roads authority may retain as much of that money as is sufficient to meet such of their expenditure as is described in the regulations. (3) The Scottish Ministers may make regulations about the keeping of accounts, and the preparation and publication of statements of account, relating to fixed penalties under this Schedule. 13 The Scottish Ministers may by regulations— (a) prescribe circumstances in which fixed penalty notices may not be given; (b) modify paragraph 4(2) or 5(1) so as to substitute a different period for the period for the time being specified there; (c) prescribe the method or methods by which penalties may be paid. 14 The Scottish Ministers may issue or approve for the purposes of this Schedule a code of practice giving guidance to roads authorities and their authorised officers as to the performance of their functions under this Schedule; and in performing those functions those authorities and officers shall have regard to that code of practice.

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SCHEDULE 9 Minor and Consequential Amendments

Section 156(1). The Highway (Railway Crossings) Act 1839 (c. 45) 1 In section 1 of the Highway (Railway Crossings) Act 1839 (duty of proprietors of railways to maintain gates where railway crosses highway)— (a) for the words “any turnpike road or any highway or statute labour road for carts or carriages in Great Britain” there shall be substituted the words “the carriageway of a public road (within the meaning of the Roads (Scotland) Act 1984)”; and (b) for the words “turnpike or other road as aforesaid” and “turnpike or highway” there shall in each case be substituted the word “carriageway”. The Railway Regulation Act 1842 (c. 55) 2 In section 9 of the Railway Regulation Act 1842 (gates at level crossing to be kept closed across road)— (a) for the words “any turnpike road, or any other highway or statute labour road for carts or carriages, in Great Britain” there shall be substituted the words “the carriageway of a public road (within the meaning of the Roads (Scotland) Act 1984)”; and (b) for the words “turnpike or other road” and “turnpike or other roads”, wherever either expression occurs, there shall be substituted the word “carriageway”. The Railways Clauses Consolidation(Scotland) Act 1845 (c. 33) 3 (1) The Railways Clauses Consolidation (Scotland) Act 1845 shall be amended in accordance with this paragraph. (2) In section 3 (interpretation), at the end shall be inserted the words— The expressions “carriageway”, “cycle track”, “footpath”, “footway”, “road”, “private road” and “public road” have the meaning given them by section 151 of the Roads (Scotland) Act 1984. . (3) In section 11 (limiting deviation from datum line described on sections, etc.)— (a) for the word “street”, where it first occurs, there shall be substituted the word “road”; (b) for the words “street or public highway”, in both places where they occur, there shall be substituted the word “road”; (c) for the words “trustees or commissioners”, in the first two places where they occur, there shall be substituted the words “roads authority”; and (d) the word “streets” shall cease to have effect. (4) In section 12 (previous notice of deviation), for the word “street” there shall be substituted the word “road”. (5) In section 16 (general provisions as regards work, repairs and damages etc.)— (a) the word “streets,” where it first occurs, shall cease to have effect; and (b) for the words “roads, streets or ways”, in both places where they occur, there shall be substituted the words “or roads”. (6) In section 39 (crossing of road by railway)— (a) for the words “any turnpike road or public highway” there shall be substituted the words “the carriageway of any public road”; and (b) in the proviso— (i) for the word “highway” there shall be substituted the word “road”; and (ii) for the words “a public carriage” there shall be substituted the words “the carriageway of any public”. (7) In section 40 (provision where road crossed on the level), for the words “any turnpike road or public carriage” there shall be substituted the words “the carriageway of any public”. (8) In section 41 (crossing of turnpike road adjoining railway station), for the word “turnpike” there shall be substituted the word “public”. (9) In section 42 (construction of bridges over roads)— (a) for the words from “thirty-five feet” to “twelve feet” where they first occur there shall be substituted the words “7.62 metres if the arch is over a public road and 3.66 metres”; (b) for the words from “sixteen” where it first occurs to “cases”, there shall be substituted the words “4.57 metres for a space of 3.05 metres if the arch is over a public road; and”; and (c) for the words from “twelve” where it occurs for the third time to “private carriage” where they first occur there shall be substituted the words— 3·66 metres: The clear height of the arch for a space of 2·74 metres shall not be less than 4·27 metres over a private ; and (d) for the words from “foot”, where it first occurs, to the end there shall be substituted the words “metre in 20 metres if the bridge is over a public road and one metre in 16 metres if over a private road.”. (10) In section 43 (construction of bridges over railways)— (a) for the words “four feet” and “three feet” there shall be substituted, respectively, the words “1.22 metres” and “0.91 metres”; and (b) for the words from “thirty-five” to the end there shall be substituted the words— 7·62 metres if the road is a public road and 3.66 metres if a private road: The ascent shall not be more than one metre in 20 metres if the road is a public road and one metre in 16 metres if a private road. . (11) In section 44 (further provision as regards construction of bridges)— (a) for the words “turnpike road or public carriage” there shall be substituted the words “a road which includes a carriageway”; and (b) for the words “trustees or surveyors of” there shall be substituted the words “roads authority for”. (12) In section 47 (penalty for not providing a substitute road for road rendered impassable or dangerous by railway works) for the words “trustees, commissioners, surveyor, or other person having the management of” there shall be substituted the words “roads authority for”. (13) In section 49 (period for restoration of roads interfered with)— (a) for the words from “trustee” to “consent” there shall be substituted the words “roads authority for the public road to be restored consent, or as the case may be the owner of the private road to be restored consents, in writing,”; (b) for the word “turnpike”, where it first occurs, there shall be substituted the word “public”; and (c) for the words “not a turnpike” there shall be substituted the words “a private”. (14) In section 50 (penalty for failure to restore a road), for the words “trustees, commissioners, surveyor, or other person having the management of” there shall be substituted the words “roads authority for”. (15) In section 51 (damage to road in course of making railway)— (a) for the words “surveyor or other person having the management of” there shall be substituted the words “roads authority for”; and (b) in the proviso, for the word “turnpike” there shall be substituted the word “public”. (16) In section 52 (sufficient approaches and fences to bridleways and footways crossing a railway on the level)— (a) for the word “highway”, in both places where it occurs, there shall be substituted the word “road”; (b) for the words “a public carriageway” there shall be substituted the words “the carriageway of a public road”; (c) for the words “highway be a” there shall be substituted the words “road be a cycle track or”; and (d) for the word “footway” there shall be inserted the words “or footpath”. (17) In section 53 (proceedings as regards consent to level crossings of bridleways and footways)— (a) for the words “highway other than a public carriage” there shall be substituted the words “road other than the carriageway of a public”; (b) for the words “such highway at the proper crossing thereof is situate” there shall be substituted the words “the proposed crossing would be situated”; and (c) for the words “such highway”, where they occur for the second time, there shall be substituted the words “ the road”. (18) In section 54 (orders as respects approaches etc. to level crossing)— (a) for the word “highway” there shall be substituted the word “road”; and (b) for the words “surveyor of roads” there shall be substituted the words “roads authority”. (19) In section 55 (screening between railway and road)— (a) for the words “commissioners or trustees of any turnpike road, or the surveyor of any highway” there shall be substituted the words “roads authority for any road”; and (b) for the words “such commissioners or trustees or surveyor” there shall be substituted the words “that authority”. (20) In section 56 (penalty for failing to construct requisite screening), for the words “commissioners or trustees or surveyor” there shall be substituted the words “roads authority”. (21) In section 57 (power to order repair of bridges etc.), for the words “surveyor of roads” there shall be substituted the words “roads authority”. The Railways Clauses Act 1863 (c. 92) 4 (1) The Railways Clauses Act 1863 shall be amended in accordance with this paragraph. (2) In section 5 (restriction on shunting trains), for the words “a turnpike road or public carriage” there shall be substituted the words “the carriageway of a public”. (3) In each of sections 6 (erection of lodge at level crossing) and 7 (requirement for bridge instead of level crossing), for the words “turnpike road or public carriage” there shall be substituted the words “carriageway of a public”. (4) In section 16 (access to shore under or across railway)— (a) after the word “footways” there shall be inserted the word “, footpaths”; and (b) after the word “footway”, wherever it occurs, there shall be inserted the word “, footpath”. The Trespass (Scotland) Act 1865 (c. 56) 5 (1) The Trespass (Scotland) Act 1865 shall be amended in accordance with this paragraph. (2) In section 2 (interpretation), at the end there shall be added the following definition— “Road” shall mean and include any way, other than— a waterway; or without prejudice to section 100(c) (damage to roads by fire) or 129(4) (camping in a road) of the Roads (Scotland) Act 1984, a road within the meaning of that Act. . (3) In section 3 (offences), the words “private”, where it occurs for the second time, and “, or on or near any highway,” shall cease to have effect. The Tramways Act 1870 (c. 78) 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The Explosives Act 1875 (c. 17) 7 (1) The Explosives Act 1875 shall be amended in accordance with this paragraph. (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (3) In section 30 (restriction on sale of gunpowder), for the words “highway, street, public thoroughfare, or” there shall be substituted the words “road or in any”. (4) In section 80 (penalty for throwing fireworks in thoroughfare), for the words “highway, street thoroughfare,” there shall be substituted the word “road”. (5) In section 108 (interpretation), at the end there shall be added the following definition— The expression ”road’ has the same meaning as in the Roads (Scotland) Act 1984. . The Entail Amendment (Scotland) Act 1875 (c. 61) 8 In section 3 of the Entail Amendment (Scotland) Act 1875 (interpretation), in paragraph 5 of the definition of “Improvements”— (a) for the words “private roads” there shall be substituted the words “roads (other than roads within the meaning of the Roads (Scotland) Act 1984)”; and (b) for the words “roads or streets” there shall be substituted the words “private roads (within the meaning of the said Act of 1984)”. The Settled Land Act 1882 (c. 38) 9 In section 25 of the Settled Land Act 1882 (description of authorised improvements)— (a) in paragraph (viii), for the words “private roads; roads or streets” there shall be substituted the words “roads (other than roads within the meaning of the Roads (Scotland) Act 1984); private roads (within the meaning of the said Act of 1984)”; and (b) in paragraph (xvii), the word “Streets” shall cease to have effect. 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The Crofters Holdings (Scotland) Act 1886 (c. 29) 11 In paragraph 9 of the Schedule to the Crofters Holdings (Scotland) Act 1886, after the words “public road” there shall be inserted the words “(within the meaning of the Roads (Scotland) Act 1984)”. The Military Tramways Act 1887 (c. 65) 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The Railway and Canal Traffic Act 1888 (c. 25) 14 In section 16 of the Railway and Canal Traffic Act 1888 (power to apportion expenses between railway company and applicants for works)— (a) in subsection (1), for the words “highway board, surveyor of highways acting with the consent of the vestry of his parish” there shall be substituted the words “or local roads authority (within the meaning of the Roads (Scotland) Act 1984)”; and (b) subsection (3) shall cease to have effect. The Military Lands Act 1892 (c. 43) 15 (1) ) The Military Lands Act 1892 shall be amended in accordance with this paragraph. (2) For section 13 (power to stop or divert footpaths) there shall be substituted the following section— 13 In relation to a footpath crossing or near to land leased under this Act, the Roads (Scotland) Act 1984 shall have effect as if in subsection one of section sixty-eight thereof (power of roads authorities to stop up roads by order) there were added to the grounds for stopping up a road the ground that the road crosses or runs inconveniently or dangerously near to such land. In this section “footpath” has the same meaning as in the said Act of 1984. . (3) In section 25 (application to Scotland)— (a) subsection (7) shall cease to have effect; and (b) at the end there shall be added the following subsection— (10) In section 16 of this Act— (a) for the references to “highway” there shall be substituted references to “road”; and (b) after the word “footpath” in subsection (2) there shall be inserted the words “within the meaning of the Roads (Scotland) Act 1984” . The Light Railways Act 1896 (c. 48) 16 In section 7(1) of the Light Railways Act 1896 (application for authorising light railway), for the words “road authorities” there shall be substituted the words “local roads authorities (within the meaning of the Roads (Scotland) Act 1984”. The Public Health (Scotland) Act 1897 (c. 38) 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The Congested Districts (Scotland) Act 1897 (c. 53) 18 In section 10 of the Congested Districts (Scotland) Act 1897 (interpretation), at the end there shall be added the following definitions— The expressions “footpath” and “public road” have the same meanings as in the roads (Scotland) Act 1984 . 19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The Dogs Act 1906 (c. 32) 20 In section 3 of the Dogs Act 1906 (seizure of stray dogs)— (a) in subsection (1), for the word “highway” there shall be substituted the word “road”; (b) in subsection (1A), for the words “a highway” there shall be substituted the words “in a road”; and (c) after subsection (1A) there shall be added the following subsection— (1B) In subsections (1) and (1A) above “road” has the same meaning as in the Roads (Scotland) Act 1984. . The Light Railways Act 1912 (c. 19) 21 In section 6 of the Light Railways Act 1912 (amendment of section 24 of the Light Railways Act 1896)— (a) for the words “road authorities” there shall be substituted the words “roads authority”; (b) the existing words, as amended by paragraph (a) above, shall be subsection (1) of the section; and (c) after that subsection there shall be inserted the following subsection— (2) In subsection (1) above, “public road” and “local roads authority” have the same meanings as in the Roads (Scotland) Act 1984. . The Defence of the Realm (Acquisition of Land) Act 1916 (c. 63) 22 In section 15 of the Defence of the Realm (Acquisition of Land) Act 1916 (application to Scotland), at the end there shall be added the following paragraph— (d) for references to “highway” and “street” there shall be substituted references to a road within the meaning of the Roads (Scotland) Act 1984. . 23 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The Roads Act 1920 (c. 72) 24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The Railways Act 1921 (c. 55) 25 In section 73(3) of the Railways Act 1921 (interpretation), for the words “a public carriageway” there shall be substituted the words “the carriageway of a public road (within the meaning of the Roads (Scotland) Act 1984)”. The Rating and Valuation (Apportionment) Act 1928 (c. 44) 26 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The Road Traffic Act 1930 (c. 43) 27 (1) The Road Traffic Act 1930 shall be amended in accordance with this paragraph. (2) In section 101(2)(d) (limitation on power to run public service vehicles), for the word “highway” there shall be substituted the words “public road”. (3) In section 119(3) (power of local highway authority to borrow for purposes related to running public service vehicles)— (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (b) the words “for the purpose of the payment of the consideration for a transfer under section fifty-three of this Act or” shall cease to have effect; and (c) at the end there shall be added the words “of this Act”. (4) In section 121 (interpretation)— (a) in subsection (1), for the definition of “road” there shall be substituted the following definition— “road” has the same meaning as in the Roads (Scotland) Act 1984 ; and (b) in subsection (1A), for the words “Road Traffic Act 1960” there shall be substituted the words “Public Passenger Vehicles Act 1981”. The Road and Rail Traffic Act 1933 (c. 53) 28 In section 45 of the Road and Rail Traffic Act 1933 (interpretation)— (a) after the word “them:—” there shall be inserted the following definition— “Carriageway” has the same meaning as in the Roads (Scotland) Act 1984; ; (b) after the definition of “Minister” there shall be inserted the following definition— “Public road” has the same meaning as in the Roads (Scotland) Act 1984; ; and (c) in the definition of “Railway”, for the words “a public carriageway” there shall be substituted the words “the carriageway of a public road”. 29 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The Public Order Act 1936 (c. 6) 30 In section 9(1) of the Public Order Act 1936 (interpretation), in the definition of “public place”, after the word “highway” there shall be inserted the words “, or in Scotland any road within the meaning of the Roads (Scotland) Act 1984,”. The Coal Act 1938 (c. 52). 31 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The Civil Defence Act 1939 (c. 31) 32 In section 90(1) of the Civil Defence Act 1939 (interpretation), in the definition of “public utility undertakers”, for the word “highway” there shall be substituted the word “road”. The Requisitioned Land and War Works Act 1945 (c. 43) 33 (1) The Requisitioned Land and War Works Act 1945 shall be amended in accordance with this paragraph. (2) In section 15(2)(c) (stopping up or diversion of roads), for the words “Trunk Road Act, 1936” there shall be substituted the words “provisions of the Roads (Scotland) Act 1984 relating to trunk roads”. (3) In section 60(3) (application to Scotland), after the word “Gazette;”, in the second place where it occurs, there shall be inserted the words “for any reference to a “highway” there shall be substituted a reference to a road within the meaning of the Roads (Scotland) Act 1984;”. The Fire Services Act 1947 (c. 41) 34 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947 (c. 42) 35 In paragraph 11(1)(b) of the first Schedule to the Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947 (procedure for authorising compulsory purchases), for the word “highway” there shall be substituted the words “public road (within the meaning of the Roads (Scotland) Act 1984)”. The Local Government Act 1948 (c. 26) 36 In section 144(1) of the Local Government Act 1948 (interpretation), in the definition of “railway”, for the word “highway” there shall be substituted the word “road”. The Civil Defence Act 1948 (12, 13 & 14 Geo. 6. c. 5) 37 In section 4(2) of the Civil Defence Act 1948 (powers as to land), for the word “highway” in each of the three places where it occurs there shall be substituted the word “road”. The Coast Protection Act 1949 (c.74) 38 (1) The Coast Protection Act 1949 shall be amended in accordance with this paragraph. (2) In section 17(1) (notification to coast protection authority of certain works)— (a) for the words “highway authority” there shall be substituted the words “roads authority”; and (b) for the word “highway”, where it occurs for the second time, there shall be substituted the word “road”. (3) In section 20(3) (contributions towards expenses of coast protection)— (a) for the word “highway”, where it first occurs, there shall be substituted the word “road”; and (b) for the words “highway authority” there shall be substituted the words “roads authority”. (4) In section 21(3)(a) (exchequer grants), for the words “highway authority” there shall be substituted the words “roads authority” and for the word “highways” there shall be substituted the words “roads”. (5) In section 49(4) (interpretation), at the end there shall be inserted the words— and the following definitions shall be inserted in the alphabetically appropriate place— “local roads authority” has the meaning given to it by section 151(1) of the Roads (Scotland) Act 1984; “road” has the meaning given to it by section 151(1) of the Roads (Scotland) Act 1984; . The Public Utilities Street Works Act 1950 (c.39) 39 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The Pet Animals Act 1951 (c. 35) 40 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The Mineral Workings Act 1951 (c. 60) 41 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The Prevention of Crime Act 1953 (c. 14) 42 In section 1(4) of the Prevention of Crime Act 1953 (interpretation), after the word “highway” there shall be inserted the words “, or in Scotland any road within the meaning of the Roads (Scotland) Act 1984,”. The Atomic Energy Authority Act 1954 (c.69) 43 In section 5(2) of the Atomic Energy Authority Act 1954 (powers of Atomic Energy Authority), after the word “highway”, in both places where it occurs, there shall be inserted the words “or road”. The Mines and Quarries Act 1954 (c. 70) 44 In section 151(2) of the Mines and Quarries Act 1954 (fencing of abandoned and disused mines and of quarries) in each of paragraphs (b)(ii) and (c)(ii), for the word “highway” there shall be substituted the words “road (within the meaning of the Roads (Scotland) Act 1984)”. The Crofters (Scotland) Act 1955 (c. 21) 45 In section 37(1) of the Crofters (Scotland) Act 1955 (interpretation), after the definition of “predecessors in the tenancy” there shall be inserted the following definition— “public road” has the same meaning as in the Roads (Scotland) Act 1984; . The Coal-Mining (Subsidence) Act 1957 (c. 59) 46 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The Land Powers (Defence) Act 1958 (c.30) 47 In section 9(4) of the Land Powers (Defence) Act 1958 (supplementary provisions with respect to stopping up and diversion of highways), for the words from the beginning to “right of way”, where it first occurs, there shall be substituted the words— (4) In section 8 of this Act and this section, in their application to Scotland, “highway” means a road within the meaning of the Roads (Scotland) Act 1984: . The Local Government (Omnibus Shelters and Queue Barriers) (Scotland) Act 1958 (c. 50) 48 (1) The Local Government (Omnibus Shelters and Queue Barriers) (Scotland) Act 1958 shall be amended in accordance with this paragraph. (2) In section 1(1) (provision of omnibus shelters)— (a) for the words “highway within their district” there shall be substituted the words “road within their area”; and (b) for the word “highway” where it occurs for the second time there shall be substituted the word “road”. (3) In the Table to section 2(1) (consents to exercise of powers under section 1), for the word “highway”, wherever it occurs as part of the expression “highway authority”, there shall be substituted the word “roads”; and for every other occurrence of the word “highway” there shall be substituted the word “road”, (4) In section 7(1) (interpretation), after the definition of “local authority” there shall be inserted the following definition— “local roads authority” has the same meaning as in the Roads (Scotland) Act 1984. . The Opencast Coal Act 1958 (c. 69) 49 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The Manoeuvres Act 1958 (7 & 8 Eliz. 2. c. 7) 50 (1) The Manoeuvres Act 1958 shall be amended in accordance with this paragraph. (2) In section 3 (powers to close roads)— (a) in subsection (1), for the words “Special Roads Act, 1949”, there shall be substituted the words “Roads (Scotland) Act 1984”; and (b) subsection (5)(a) shall cease to have effect. (3) In section 9 (interpretation), after the definition of “authorised forces”, there shall be inserted the following definition— “highway”, in relation to Scotland, means a road within the meaning of the Roads (Scotland) Act 1984; . The Building (Scotland) Act 1959 (c. 24) 51 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The Weeds Act 1959 (c. 54) 52 In section 11(2) of the Weeds Act 1959 (interpretation), in the definition of “occupier”— (a) for the words “the authority by whom the road is being maintained” there shall be substituted the words “the roads authority (“public road” and “roads authority” having the same meanings as in the Roads (Scotland) Act 1984)”; and (b) at the end there shall be added the following proviso— : Provided that this Act does not apply as regards a road for which the roads authority is the Secretary of State . The Road Traffic Act 1960 (c. 16) 53 In section 257(1) of the Road Traffic Act 1960 (general interpretation), for the definition of “road” there shall be substituted the following definition— “road” has the same meaning as in the Roads (Scotland) Act 1984; . The Flood Prevention (Scotland) Act 1961 (c. 41) 54 In section 15(1) of the Flood Prevention (Scotland) Act 1961 (interpretation), after the definition of “maintenance and management operations” there shall be inserted the following definition— “road” has the meaning given to it by section 151(1) of the Roads (Scotland) Act 1984; . The Pipe-lines Act 1962 (c. 58) 55 (1) The Pipe-lines Act 1962 shall be amended in accordance with this paragraph. (2) In section 15 (power to place pipe-lines in streets)— (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (b) in subsection (4), in each of the paragraphs (c) to (d), for the word “highway” there shall be substituted the words “road over which there is a public right of passage”; (c) in subsection (7), for the words from “shall be determined” to the end there shall be substituted the words “shall be referred to the arbitration of a single arbiter appointed by agreement between the parties concerned or, in default of agreement, by the sheriff; and in any such arbitration the arbiter may, and, if so directed by the Court of Session, shall, state a case for the decision of that court on any question of law arising in the arbitration.”; and (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (4) In section 66(1) (interpretation), in the definition of “in”, for the word “street” there shall be substituted the word “road”. The Weights and Measures Act 1963 (c. 31) 56 (1) The Weights and Measures Act 1963 shall be amended in accordance with this paragraph. (2) In section 21(2)(h) (requirement of document as to weight of vehicle and its load), for the word “highway” there shall be substituted the word “road”. (3) In section 58(1) (interpretation), after the definition of “prescribed” there shall be inserted the following definition— “road” has same meaning as in the Roads (Scotland) Act 1984; . (4) In Schedule 6 (provisions as to solid fuel)— (a) in each of paragraphs 3B(1) and (2), 3C(1) and 10, for the word “highway” there shall be substituted the word “road”; and (b) in paragraph 6A(1), for the word “highways” there shall be substituted the word “roads”. The Agriculture and Horticulture Act 1964 (c. 28) 57 In each of sections 13(7) and 21(2)(a) of the Agriculture and Horticulture Act 1964 (reservation as regards powers of entry), for the word “highway” there shall be substituted the word “road”. The Local Government (Scotland) Act 1966 (c. 51) 58 In section 46(1) of the Local Government (Scotland) Act 1966 (interpretation), for the definition of “road” there shall be substituted the following definition— “road” has the same meaning as in the Roads (Scotland) Act 1984; . The Agriculture Act 1967 (c. 22) 59 In section 23(5) of the Agriculture Act 1967 (reservation as regards powers of entry), for the word “highway” there shall be substituted the word “road”. The Countryside (Scotland) Act 1967 (c. 86) 60 (1) The Countryside (Scotland) Act 1967 shall be amended in accordance with this paragraph. (2) In section 46 (protection and maintenance of public rights of way)— (a) in subsection (2), for the words “footpath at the side of a road” there shall be substituted the word “footway”; and (b) in subsection (3), after the words “than a” there shall be inserted the word “public”. (3) In section 47 (interpretation), at the end there shall be added the following definition— ; and “public road” has the same meaning as in the Roads (Scotland) Act 1984. . (4) In section 51(1), for the word “highway” there shall be substituted the word “roads”. (5) In section 54 (power to make byelaws for the preservation of order etc.)— (a) in subsection (1)— (i) the word “or” immediately following paragraph (d) shall cease to have effect; (ii) after paragraph (e) there shall be inserted the following words— ; or (f) a picnic site managed by them by virtue of section 4 of the Roads (Scotland) Act 1984, ; and (iii) for the words “or waterway”, in both places where they occur, there shall be substituted the words “, waterway or picnic site”; and (b) in subsection (2), for the words “or waterway”, in both places where they occur, there shall be substituted the words “, waterway or picnic site”. (6) In section 78(1) (interpretation)— (a) after the definition of “enactment” there shall be inserted the following definition— “footway” has the same meaning as in the Roads (Scotland) Act 1984; ; and (b) for the definition of “road” there shall be substituted the following definition— “road” has the same meaning as in the Roads (Scotland) Act 1984; . The New Towns (Scotland) Act 1968 (c. 16) 61 (1) The New Towns (Scotland) Act 1968 shall be amended in accordance with this paragraph. (2) In section 6 (planning control in new towns)— (a) in subsection (4), for the words “local highway authority or the Secretary of State” there shall be substituted the words “roads authority”; and (b) in subsection (5)— (i) after the word “into” there shall be inserted the words “be registered in the Land Register of Scotland or, as the case may”; (ii) after the word “so” there shall be inserted the words “registered or”; and (iii) for the words “local highway authority or the Secretary of State, as the case may be,” there shall be substituted the words “roads authority”. (3) In section 8 (acquisition of land for roads in connection with new towns), in each of subsections (1) and (6), for the word “highway” there shall be substituted the word “roads”. (4) In section 9 (recording of compulsory purchase orders), after the word “shall” there shall be inserted the words “register it in the Land Register of Scotland or as the case may be”. (5) In section 10(1)(a), (special procedure for acquisition of statutory undertakers’ operational land), for the word “highway”, in both places where it occurs, there shall be substituted the word “roads”. (6) In section 19 (power to override servitudes and other rights, in each of subsections (1), (3), (4) and (6), for the word “highway” there shall be substituted the word “roads”. (7) In section 20(1) (use and development of churches and burial grounds)— (a) for the words “local highway authority, or which has been acquired under this Act by the Secretary of State” there shall be substituted the words “roads authority”; and (b) in paragraph (a), for the words “such a corporation or” there shall be substituted the words “a development corporation or local roads”. (8) In section 21(1) (use and development of open spaces)— (a) for the words “local highway authority, or which has been acquired under this Act by the Secretary of State” there shall be substituted the words “roads authority”; and (b) in paragraph (a), for the words “such a corporation or” there shall be substituted the words “a development corporation or local roads”. (9) In section 22 (displacement of persons from land acquired)— (a) in subsection (3), for the word “highway” there shall be substituted the word “roads”; and (b) in subsection (4), for the words “local highway, or has been acquired under this Act by the Secretary of State” there shall be substituted the words “roads authority”. (10) In section 23 (extinguishment of public rights of way over land acquired)— (a) in subsection (1)(a), for the word “highway” there shall be substituted the word “roads”; (b) in subsection (2), for sub-paragraph (ii) and the words from “In this Subsection” to the end, there shall be substituted the following sub-paragraph— (ii) on the local roads authority, unless they applied for the order to be made. ; and (c) in subsection (5), for the word “highway” there shall be substituted the word “road”. (11) In section 24(1) (provision as to telegraphic lines), for the word “highway” there shall be substituted the word “roads”. (12) In section 26 (extinguishment of rights of way, and rights as to apparatus of statutory undertakers), in each of subsections (1)(a) and (5), for the word “highway” there shall be substituted the word “roads”. (13) In section 32(2)(a) (construction and maintenance of works or equipment required in connection with trolley vehicles services by development corporation), for the word “highways” there shall be substituted the word “roads”. (14) In section 42(1) (powers of entry), for the word “highway” there shall be substituted the word “roads”. (15) In section 47(1) (interpretation)— (a) in the definition of “acquiring authority”, for the word “highway” there shall be substituted the word “roads”; (b) for the definition of “local highway authority” there shall be substituted the following definition— “local roads authority” has the same meaning as in the Roads (Scotland) Act 1984; ; (c) in the definition of “planning permission”, for the words “the Town and Country Planning (Scotland) Act 1947” there shall be substituted the words “Part III of the Town and Country Planning (Scotland) Act 1972”; and (d) after the definitions of “regional planning authority” and “district planning authority” there shall be inserted the following definition— “roads authority” has the same meaning as in the Roads (Scotland) Act 1984; . (16) In Schedule 3 (procedure for authorising compulsory acquisitions)— (a) in paragraph 1(1), for the word “highway” there shall be substituted the word “roads”; (b) in paragraph 7(2)(b), for the words from “section 1” to the end there shall be substituted the words section 5 or 15 of the Roads (Scotland) Act 1984, or of either of the following enactments no longer in force— (i) section 1 of the Trunk Roads Act 1946 (additional trunk roads and reorganisation of trunk road system); (ii) section 14(1) of the Special Roads Act 1949 (amendments of law relating to trunk roads). ; (c) in paragraph 8(b), for the word “highway” there shall be substituted the word “roads”; and (d) in paragraph 13(1)(b), for the word “highway” there shall be substituted the word “road”. (17) In Schedule 4(1) (procedure for authorising compulsory acquisition of statutory undertakers’ operational land), for the word “highway” there shall be substituted the word “roads”. The Firearms Act 1968 (c. 27) 62 In section 57(4) of the Firearms Act 1968 (interpretation), in the definition of “public place”, for the word “highway” there shall be substituted the words “road (within the meaning of the Roads (Scotland) Act 1984)”. The Countryside Act 1968 (c. 41) 63 In section 32 of the Countryside Act 1968 (traffic regulation orders for the countryside)— (a) in subsection (8), for the word “highway” there shall be substituted the word “roads”; (b) in subsection (10)— (i) in the definition of “Crown road”, for the word “highway” there shall be substituted the words “public road”; and (ii) for the definition of “road” there shall be substituted the following definitions— “road”, “public road” and “trunk road” have the same meanings as in the Roads (Scotland) Act 1984. . The Sewerage (Scotland) Act 1968 (c. 47) 64 (1) The Sewerage (Scotland) Act 1968 shall be amended in accordance with this paragraph. (2) In section 3(1) and (2) (construction of public sewers and public sewage treatment works), for the word “street”, wherever it occurs, there shall be substituted the word “road”. (3) In section 12(7) (breaking open street in relation to connecting premises with public sewer etc.), for the word “street”, in both places where it occurs, there shall be substituted the word “road”. (4) In section 41 (power to break open streets)— (a) for the words “the carriageway and footways of any street and of any bridge carrying a street” there shall be substituted the words “any road, any bridge carrying a road,”; (b) for the words from “or vault” to “footway”, where it first occurs, there shall be substituted the words “, vault, sewer, drain or tunnel in or under a road”; and (c) for the words “carriageway or footway”, where they occur for the second time, there shall be substituted the word “road”. (5) In section 59(1) (interpretation)— (a) after the definition of “river purification authority” there shall be inserted the following definition— “road” has the same meaning as in the Public Utilities Street Works Act 1950; ; (b) the definition of “street” shall cease to have effect; and (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The Caravan Sites Act 1968 (c. 52) 65 In section 13(1) of the Caravan Sites Act 1968 (twin-unit caravans) for the word “highway” there shall be substituted the word “road”. The Transport Act 1968 (c. 73) 66 (1) The Transport Act 1968 shall be amended in accordance with this paragraph. (2) In section 116 (transfer of responsibility for maintenance of highways on bridges)— (a) in subsection (3), for the word “highway” where it occurs for the first and fourth times there shall in each case be substituted the word “roads”, and where it occurs for the second, third and fifth times there shall in each case be substituted the word “road”; (b) for subsection (4) and (5) there shall be substituted the following subsection— (4) Where paragraphs (a) and (b) of subsection (1) of this section are not satisfied immediately before the appointed day in the case of any bridge as is mentioned in that subsection, or such a bridge as aforesaid is constructed after that day, then if on any subsequent day— (a) the Board or Boards concerned are responsible for maintaining the road carried by the bridge, or that road together with the road giving access to the bridge (the “access road”); and (b) the road at each end— (ii) if the Board or Boards are also responsible for maintaining the access road, of the bridge and the access road, is a public road, the road (or roads) for which they are so responsible shall forthwith be entered by the local roads authority in the list of public roads kept by the authority under section 1 of the Roads (Scotland) Act 1984. ; (c) in subsection (6)— (i) at the beginning there shall be inserted the words “Without prejudice to the provisions of the said Act of 1984,” and (ii) for the word “highway” where it occurs for the first, third, fourth and fifth times there shall in each case be substituted the word “road”, and where it occurs for the second time there shall be substituted the word “roads”; and (d) in subsection (7), for the word “highway” there shall be substituted the word “road”. (3) In section 117 (duties as respects bridges carrying highways)— (a) in subsection (1)(a), for the word “highways” there shall be substituted the word “road”; (b) in subsection (3)(b), for the words “when it is opened for traffic” there shall be substituted the words— (i) when the bridge is opened (the date of opening being before 1st January 1985) for traffic on the highway so carried; (ii) when the bridge is opened (the date of opening being on or after 1st January 1985) for traffic on the road so carried. ; and (c) in subsection (5), after the word “highway” there shall be inserted the words “, or as the case may be road.” (4) In section 118(1) (duty of highway authority as respects road bridge over railway or inland waterway)— (a) in paragraph (a), for the “highway” there shall be substituted the word “road”; and (b) in paragraph (b), for the word “highway” there shall be substituted the word “roads”. (5) In section 119(1) (ending of liability of certain Boards to make payments in being relieved of responsibility for bridges carrying trunk or special roads— (a) for the words “229 of the Highways Act 1959 or section 7 of the Trunk Roads Act 1946” there shall be substituted the words “266 of the Highways Act 1980 or section 80 of the Roads (Scotland) Act 1984”; (b) after the word “highways”, in both places where it occurs, there shall be inserted the words “, or as the case may be roads,”; (c) for the words “230 of the said Act of 1959 or section 8 of the Special Roads Act 1949” there shall be substituted the words “267 of the said Act of 1980 or section 81 of the said Act of 1984”; (d) in paragraph (a), for the words “58(2) of the said Act of 1959, section 7(3) of the said Act of 1946 or section 8(2) of the said Act of 1949” there shall be substituted the words “55(2) of the said Act of 1980 or subsection (4) of the said section 80 (or that subsection as applied by subsection (2) of the said section 81)”, and after the word “highway” there shall be inserted the words “, or as the case may be road,”, and (e) in paragraph (b), for the words “229(3) or 230(2) of the said Act of 1959 or the said section 7(3) or 8(2)” there shall be substituted the words “266(5) or 267(2) of the said Act of 1980 or subsection (4) of the said section 80 (or that subsection applied as aforesaid)”. (6) In section 121(8) (interpretation), at the end there shall be added the words “; and in the application of the said subsection (5) to Scotland the reference to a highway authority shall be construed as a reference to a roads authority.”. (7) In section 122 (further provision as regards interpretation)— (a) in subsections (1) and (3), for the word “highway”, wherever it occurs, there shall be substituted the word “road”; and (b) subsection (4) shall cease to have effect. (8) In section 123 (power of highway and other authorities to contribute to cost of barriers, etc., at level crossings), for the word “highway” there shall be substituted the word “roads”. (9) In section 124(1)(a) (Railways Board’s obligations at level crossings with roads other than public carriage roads), for the words “public carriage” there shall be substituted the words “carriageway of a public”. (10) In section 159(1) (general interpretation)— (a) after the definition of “bus service” there shall be inserted the following definition— “carriageway” has the same meaning as in the Roads (Scotland) Act 1984; ; (b) in the definition of “highway authority”, paragraph (b) shall cease to have effect; (c) after the definition of “liability” there shall be inserted the following definition— “local roads authority” has the same meaning as in the Roads (Scotland) Act 1984; ; (d) after the definition of “plated weight” there shall be inserted the following definition— “public road” has the same meaning as in the Roads (Scotland) Act 1984; ; and (e) after of “the Railways Board” there shall be inserted the following definitions— “road” and “roads authority” have the same meaning as in the Roads (Scotland) Act 1984; . The Vehicles Excise Act 1971 (c. 10) 67 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The Roads Traffic (Foreign Vehicles) Act 1972 (c. 27) 69 In section 7(1) of the Road Traffic (Foreign Vehicles) Act 1972 (interpretation), for the definition of “road” there shall be substituted the following definition— “road” has the same meaning as in the Roads (Scotland) Act 1984. . The Town and Country Planning (Scotland) Act 1972 (c. 52) 70 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The Land Compensation (Scotland) Act 1973 (c. 56) 72 (1) ) The Land Compensation (Scotland) Act 1973 shall be amended in accordance with this paragraph. (2) Subject to sub-paragraph (4) below, in the sections referred to in sub-paragraph (3) below for references (whether in the singular or plural) to “highway authority” and “local highway authority” there shall be substituted respectively references to “road”, “roads authority” and “local roads authority”. (3) The sections to which sub-paragraph (2) above refers are sections 1(3), (4), (6), (7), and (9), 9(1), (2), and (5), 13(1) and (3), 17(1) and (3), 18(9) and 26(1) and (2). (4) In section 17(1) (interpretation of Part I) the definitions of “highway” and “highway authority” shall cease to have effect. (5) In section 18(9), for the words “section 8 of the Development and Road Improvement funds Act 1909” there shall be substituted the words “section 3 of the Roads (Scotland) Act 1984”. (6) Section 26(4)(a) shall cease to have effect. (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (9) In section 80 (general interpretation)— (a) in subsection (1)— (i) there shall be inserted in the appropriate places in alphabetical order the following definitions— “carriageway” has the same meaning as in the Roads (Scotland) Act 1984; “local roads authority” has the same meaning as in the Roads (Scotland) Act 1984; “roads authority” has the same meaning as in the Roads (Scotland) Act 1984; ; and (ii) for the definition of “road” there shall be substituted the following definition— “road” has the same meaning as in the Roads (Scotland) Act 1984; ; and (b) subsection (2) shall cease to have effect. The Local Government (Scotland) Act 1973 (c. 65) 73 In section 133 of the Local Government (Scotland) Act 1973 (roads), for the words “local highway authority” in both places where they occur there shall be substituted the words “local roads authority”. The Control of Pollution Act 1974 (c. 40) 74 (1) The Control of Pollution Act 1974 shall be amended in accordance with this paragraph. (2) In section 13 (dustbins etc.)— (a) in subsection (7)(c), for the word “highways” there shall be substituted the word “roads”: and (b) in subsection (7A)— (i) for the word “highway”, where it first occurs, there shall be substituted the word “road”; and (ii) in paragraph (a), for the words “relevant highway authority” there shall be substituted the words “roads authority”. (3) In section 27(1) (interference with refuse tips and dustbins etc.)— (a) in paragraph (a), for the words “parish or community council” there shall be substituted the words “roads authority”; (b) in paragraph (b), for the word “highway” there shall be substituted the word “road”; and (c) the words “or council” and from “In the application” to “1970” shall ceased to have effect. (4) In section 32(1)(c) (control of discharge of matter other than trade or sewage effluent)— (a) for the words “works which a highway authority is obliged or entitled to keep open by virtue of section 10 of the Roads (Scotland) Act 1970” there shall be substituted the words “a drain which a roads authority is obliged or entitled to keep open by virtue of section 31 of the Roads (Scotland) Act 1984”; and (b) for the word “highway”, where it occurs for the third time, there shall be substituted the word “roads”. (5) In section 62 (noise in streets)— (a) in subsection (1)— (i) for the word “street”, where it first occurs, there shall be substituted the word “road”; and (ii) the words from “In this subsection” to “public” shall cease to have effect; and (b) in subsection (2)(e), for the word “highway” there shall be substituted the words “public road (within the meaning of the Roads (Scotland) Act 1984)”. (6) In section 105(1) (interpretation), after the definition of “regulations” there shall be inserted the following definitions— “road” (except where the context otherwise requires) has the same meaning as in the Public Utilities Street Works Act 1950; “roads authority” has the same meaning as in the Roads (Scotland) Act 1984; . (7) In section 106 (general application to Scotland), subsection (4) shall cease to have effect. The Safety of Sports Grounds Act 1975 (c. 52) 75 In section 17(1) of the Safety of Sports Grounds Act 1975, in the definition of “means of access”, for the word “highway” there shall be substituted the word “road”. The Airports Authority Act 1975 (c. 78) 76 (1) The Airports Authority Act 1975 shall be amended in accordance with this paragraph. (2) In section 13 (control of road traffic), in subsection (8), for the words from “or local” to the end there shall be substituted the words ” “highway authority or local authority” there shall be substituted the words “roads authority as defined in section 151(1) of the Roads (Scotland) Act 1984”.’. (3) In section 20 (provisions as to telegraphic lines), at the end there shall be inserted the following subsection— (8) In the application of this section to Scotland, the reference to the highway authority shall be construed as a reference to the roads authority within the meaning of section 151(1) of the Roads (Scotland) Act 1984, and the reference to a highway shall be construed as a reference to a road within the meaning of the said section 151(1). . The Licensing (Scotland) Act 1976 (c. 66) 77 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The Refuse Disposal (Amenity) Act 1978 (c. 3) 78 (1) The Refuse Disposal (Amenity) Act 1978 shall be amended in accordance with this paragraph. (2) In section 2(1)(a) (unauthorised dumping of motor vehicles etc.), for the word “highway” there shall be substituted the word “road”. (3) In section 3 (removal of abandoned vehicles)— (a) in subsection (1), for the word “highway” there shall be substituted the word “road”; (b) in subsection (3), the words “within the meaning of the Highways Act 1959” and “within the meaning of that Act” shall cease to have effect; and (c) subsection (4) shall cease to have effect. (4) In section 6(1) (removal and disposal of things other than motor vehicles), for the word “highway” there shall be substituted the word “road”. (5) In section 11(1) (interpretation)— (a) for the definition of “highway” there shall be substituted the following definition— “carriageway” has the same meaning as in the Roads (Scotland) Act 1984; ; and (b) after the definition of “the relevant date” there shall be inserted the following definition— “road” has the same meaning as in the Roads (Scotland) Act 1984. . 79 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The Education (Scotland) Act 1980 (c. 44) 80 In section 18 of the Education (Scotland) Act 1980 (improvements as to premises of educational establishments for the safety of pupils), for subsection (5) there shall be substituted the following subsection— (5) In this section “road”, “public road” and “private road” have the meanings ascribed to them by section 151(1) of the Roads (Scotland) Act 1984). . The Water (Scotland) Act 1980 (c. 45) 81 (1) The Water (Scotland) Act 1980 shall be amended in accordance with this paragraph. (2) In section 9(5) (powers of water authority as regards supply of water for non-domestic purposes), for the word “streets” there shall be substituted the word “roads”. (3) In section 10(5) (interpretation)— (a) for paragraph (b) there shall be substituted the following paragraph— (b) roads authorities as defined in section 151(1) of the Roads (Scotland) Act 1984; ; and (b) for paragraph (d) there shall be substituted the following paragraph— (d) road managers as defined in section 2(5) of the said Act of 1950; . (4) In each of sections 13(5) (accelerated procedure for supply of water in bulk) and 22 (power to break open streets), for the word “streets” there shall be substituted the word “roads”. (5) In section 23 (power to lay mains etc.)— (a) in subsection (1)— (i) in paragraph (a), for the word “street” where it occurs for the first and second times there shall in each case be substituted the word “road” and for the words from “the persons” to “street” where it occurs for the third time there shall be substituted the words— (i) where the road is a public road, the roads authority; and (ii) in any other case, the authority or person responsible for the maintenance of the road, or, if no authority or person is so responsible, to the owners of the solum of the road, ; and (ii) in paragraph (b), for the word “street” there shall be substituted the word “road”; and (b) in subsection (2), for the word “street” there shall be substituted the word “road”. (6) In section 24 (communication and supply pipes), in each of subsections (1) and (4) for the word “street” there shall be substituted the word “road”. (7) In section 25(2) (power of islands or district council to erect and maintain drinking fountain or trough)— (a) for the word “street”, where it first occurs, there shall be substituted the word “road”; and (b) for the words from “if” to “authority” where it occurs for the second time there shall be substituted the words “there shall be no such erection by the district council without the roads authority’s consent”. (8) In section 33 (temporary discharge of water into watercourse)— (a) in subsection (1), for the word “street”, in both places where it occurs, there shall be substituted the word “road” and for the word “streets” there shall be substituted the word “roads”; (b) in subsection (2), for the word “street” there shall be substituted the word “road”; and (c) in subsection (10), for the word “highway” there shall be substituted the words “public road”. (9) In section 75(2)(b) (saving as regards penalty for polluting water), for the words “highway, so long as the highway” there shall be substituted the words “public road, so long as the roads”. (10) In section 76(3) (carrying of drain etc. under, across or along any street)— (a) for the word “highway”, wherever it occurs, there shall be substituted the word “roads”; (b) for the words “street”, where it first occurs, and “streets” there shall be substituted, respectively, the words “road” and “roads”; and (c) for the words “street maintainable at the public expense” there shall be substituted the words “public road”. (11) In section 77(3)(c) (application of order relating to obtaining supplies of water to meet drought), for the word “streets” there shall be substituted the word “roads”. (12) In section 109 (interpretation)— (a) in subsection (1)— (i) the definition of “bridge authority” shall cease to have effect; (ii) in the definition of “communication pipe” for the word “street”, wherever it occurs, there shall be substituted the word “road”; (iii) the definitions of “highway” and “highway authority” shall cease to have effect; (iv) after the definition of “prescribed” there shall be inserted the following definitions— “private road” and “public road” have the same meaning as in the Roads (Scotland) Act 1984; ; (v) after the definition of “river purification authority” there shall be inserted the following definitions— “road” has the same meaning as in the Public Utilities Street Works Act 1950; “roads authority” has the same meaning as in the Roads (Scotland) Act 1984; ; and (vi) the definition of “street” shall cease to have effect; and (b) subsection (2) shall cease to have effect. (13) in section 110 (further provision as to communication pipes) in each of subsections (1) and (2), for the word “street”, wherever it occurs, there shall be substituted the word “road”. (14) In Schedule 3 (provisions as to breaking open streets and laying communication and supply pipes)— (a) in paragraph 1— (i) for the words “the roadway and footpaths of any street and of any bridge carrying a street” there shall be substituted the words “a road”; (ii) for the word “street” where it occurs for the third time there shall be substituted the word “road”; and (iii) for the words “roadway or footpath”, in both places where they occur, there shall be substituted the word “road”; (b) in paragraph 2— (i) in sub-paragraph (1), for the words “the roadway or footpath of a street or bridge (not being a street or bridge maintainable at the public expense) which is” there shall be substituted the words “a private road”; and (ii) in sub-paragraph (2), for the words “the roadway or footpath of any length of street” there shall be substituted the words “any length of road”; (c) paragraph 3 shall cease to have effect; (d) in paragraph 4— (i) in sub-paragraph (1), for the word “street” where it occurs for the first and second times there shall in each case be substituted the word “road”, and in the proviso, for the words “the persons having control or management of the street” there shall be substituted the words— (i) where the road is a public road, the roads authority; and (ii) in any other case, the authority or person responsible for the maintenance of the road, or, if no authority or person is so responsible, to the owners of the solum of the road ; (ii) in sub-paragraph (2), for the word “street” there shall be substituted the word “road”; (e) in each of paragraphs 5, 6(1), 7(2) and 8 for the word “street”, wherever it occurs, there shall be substituted the word “road”; and (f) in paragraph 9, in the proviso to sub-paragraph (2)— (i) for the word “street”, in both places where it occurs, there shall be substituted the word “road”; and (ii) for the word “highway” there shall be substituted the word “roads”. (15) In Schedule 4 (provisions to be included in orders relating to water undertakings)— (a) in paragraph 2 for the word “street” in both places where it occurs, there shall be substituted the word “road”; (b) in paragraph 22, for the word “street” there shall be substituted the word “road”; (c) in paragraph 24— (i) in sub-paragraph (1), for the word “streets” there shall be substituted the word “roads”; and (ii) in sub-paragraph (2), for the word “highway” there shall be substituted the words “roads”; (d) in paragraph 36, for the word “streets”, in both places where it occurs, there shall be substituted the word “roads” and for the word “street” there shall be substituted the word “road”; (e) in paragraph 39— (i) in the proviso to sub-paragraph (1) for the words “to the persons having the control or management of the street or other place where they propose to open the ground, and” there shall be substituted the following words— —(a) where the ground is, or comprehends, part of— (i) a public road, to the roads authority; or (ii) any road, to the person responsible for the maintenance of that road, or, if no authority or person is so responsible, to the owners of the solum of that part; and (b) where or in so far as the ground is not mentioned in head (a) above, to the person having the control or management of the ground; and the undertakers ; and for the word “streets” there shall be substituted the word “roads”; and (ii) in sub-paragraph (2), for the word “street” there shall be substituted the word “road”. The Local Government, Planning and Land Act 1980 (c. 65) 82 In section 20(1) of the Local Government, Planning and Land Act 1980 (interpretation), after the definition of “functional work” there shall be inserted the following definition— “highway”, in relation to Scotland, means a road as defined in section 151 of the Roads (Scotland) Act 1984; . The Public Passenger Vehicles Act 1981 (c. 14) 83 In section 82(1) of the Public Passenger Vehicles Act 1981 (interpretation), in the definition of “road”, at the end there shall be added the words “except that in Scotland it as the same meaning as in the Roads (Scotland) Act 1984”. The Wildlife and Countryside Act 1981 (c. 69) 84 In section 72(1) of the Wildlife and Countryside Act 1981 (general interpretation)— (a) for the words from the beginning to “restrictions)” there shall be substituted the words “Section 29 of the Roads (Scotland) Act 1984 (further provision as to fences)”; and (b) for the words “highway authority” there shall be substituted the words “roads authority”. The Civil Aviation Act 1982 (c. 16) 85 (1) ) The Civil Aviation Act 1982 shall be amended in accordance with this paragraph. (2) In section 105 (general interpretation), after subsection (5) there shall be inserted the following subsection— (5A) In the application of this Act to Scotland references to a highway shall have effect as references to a road within the meaning of section 151(1) of the Roads (Scotland) Act 1984. . (3) In paragraph 4 of Schedule 2 (application to Civil Aviation Authority of enactments relating to statutory undertakings)— (a) the words “section 40 of the Roads (Scotland) Act 1970” shall cease to have effect; and (b) at the end there shall be added the words “; section 140 of the Roads (Scotland) Act 1984.”. The Local Government and Planning (Scotland) Act 1982 (c. 43) 86 (1) ) The Local Government and Planning (Scotland) Act 1982 shall be amended in accordance with this paragraph. (2) In section 25 (islands or district council’s functions in relation to street cleansing)— (a) in subsection (1), for the word “streets” there shall be substituted the word “roads”; (b) in subsection (3)— (i) for the word “street”, where it first occurs, there shall be substituted the word “road”; and (ii) for the words from “street”, where it occurs for the second time, to the end there shall be substituted the following definition— “road” means any public road other than a trunk road or special road (“public road”, “trunk road” and “special road” having the same meanings as in the Roads (Scotland) Act 1984). . (3) In section 30 (power of islands and district councils to provide and maintain roadside seats)— (a) in subsection (1), for the words “islands and district councils” there shall be substituted the words “an islands council or, with the consent of the roads authority, a district council”; and (b) for subsection (2) there shall be substituted the following subsection— (2) In subsection (1) above, “footway” and “roads authority” have the same meanings as in the Roads (Scotland) Act 1984. . The Civic Government (Scotland) Act 1982 (c. 45) 87 (1) ) The Civic Government (Scotland) Act 1982 shall be amended with this paragraph. (2) In section 19(5) (restriction on power to appoint taxi stance)— (a) for the words “highway authority (within the meaning of the Roads (Scotland) Act 1970)” there shall be substituted the words “roads authority”; (b) for the “highway”, where it occurs for the second time, there shall be substituted the word “road”; and (c) the words “being a highway” shall cease to have effect. (3) In section 48(4) (interpretation of provisions relating to fouling of pavements by dogs), for the words “meanings respectively assigned to them by section 50(1) of the Roads (Scotland) Act 1970” there shall be substituted the words “same meanings as in the Roads (Scotland) Act 1984”. (4) In section 54(3)(e) (non-application of provisions relating to annoyance caused by playing instruments etc.), for the word “highway” there shall be substituted the word “road”. (5) In the proviso to section 96(1) (restriction on exercise of certain powers as regards statutes and monuments), for head (ii) there shall be substituted the following head— (ii) where such land is a road, the roads authority, (6) In section 125(1) (interference with dustbins etc.) for the word “highway” there shall be substituted the word “road”. (7) In section 128(2) (control of stray dogs), for the word “highways” there shall be substituted the words “in roads”. (8) In section 133 (interpretation), after the definition of “public place” there shall be inserted the following definitions— “public road”, “road” and “roads authority” have the same meanings as in the Roads (Scotland) Act 1984; . The Transport Act 1982 (c. 49) 88 (1) In section 75 of the Transport Act 1982 (interpretation), in the definition of “road”, at the end there shall be added the words “except that in Scotland it has the same meaning as in the Roads (Scotland) Act 1984”. (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The Level Crossings Act 1983 (c. 16) 89 In section 1(11) of the Level Crossings Act 1983 (interpretation), for the definition of “road”, there shall be substituted the following definition— “road” has the same meaning as in the Roads (Scotland) Act 1984; . The Litter Act 1983 (c. 35) 90 In section 7(1) of the Litter Act 1983 (litter bins in Scotland), for paragraph (a), there shall be substituted the following paragraph— (a) in or adjacent to any road (within the meaning of the Roads (Scotland) Act 1984) maintainable or maintained by a local authority, . 91 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The Telecommunications Act 1984 (c. 12) 92 (1) The Telecommunications Act 1984 shall be amended in accordance with this paragraph. (2) In section 10(4)(b) (exceptions and conditions in licence under section 7), for the word “streets” there shall be substituted the word “roads”. (3) In section 98 (use of conduits for telecommunication purposes)— (a) in subsection (5), for the word “streets” there shall be substituted the word “roads”; and (b) in subsection (9), for the word “street” there shall be substituted the word “road”. (4) In Schedule 2 (the Telecommunications Code)— (a) in paragraph 1(1)— (i) the definitions of “maintainable highway” and “street” shall cease to have effect; (ii) the following definitions shall be inserted in the appropriate place in alphabetical order— “public road” means a public road within the meaning of the Public Utilities Street Works Act 1950 other than one which is a footpath or a bridleway that crosses, and forms part of, any agricultural land or any land which is being brought into use for agriculture; “road” has the meaning given by section 1(3) of the said Act of 1950; ; (b) in paragraph 1(3), for the word “street” there shall be substituted the word “road”; (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (d) paragraph 1(5) shall cease to have effect; (e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (f) in paragraph 3(5), for the word “street” there shall be substituted the word “road”; (g) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (h) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (j) in paragraph 19(1), for the word “street” there shall be substituted the word “road”; and (k) in paragraph 21(10), for the word “street” there shall be substituted the word “road”. The Road Traffic Regulation Act 1984 (c. 27) 93 (1) The Road Traffic Regulation Act 1984 shall be amended in accordance with this paragraph. (2)-(22) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (23) In section 66 (traffic signs for giving effect to local traffic regulations etc.)— (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (b) in subsection (2)(d), for the words “385 of the Burgh Police (Scotland) Act 1892” there shall be substituted the words “62 of the Roads (Scotland) Act 1984”. (24)-(38) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (39) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (40) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (41) In section 131 (application of road traffic enactments to Crown roads)— (a) in subsection (2), in each of paragraphs (a) and (b), for the word “highway”, wherever it occurs, there shall be substituted the word “roads”; and (b) in subsection (7)(b), for the word “highway” there shall be substituted the words “public road”. (42) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (43) In section 134(4) (provisions as to regulations), for the words “or section” there shall be substituted the words “, 132A or”. (44) In sections 142(1) (interpretation)— (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (c) after the definition of “prescribed” there shall be inserted the following definition— “public road” has the same meaning as in the Roads (Scotland) Act 1984; ; (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (45) In Schedule 9 (special provisions as to certain orders)— (a) in paragraph 19(b), for the words “28(2) of the Local Government (Scotland) Act 1966” there shall be substituted the words “11(1) of the Roads (Scotland) Act 1984”; and (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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SCHEDULE 10 Transitional Provisions and Savings

Section 156(2). 1 (1) Subject to paragraph 4 of this Schedule, in so far as anything done or having effect as if done under or in pursuance of any of the enactments repealed by this Act (in this Schedule referred to as “the repealed enactments”) could have been done under or in pursuance of a corresponding provision of this Act, it shall not be invalidated by reason only of the repeal but shall have effect as if done under or in pursuance of that provision; and anything begun under any of the repealed enactments may be continued under the corresponding provision of this Act as if begun under that provision. (2) Sub-paragraph (1) above applies in particular to any regulation, byelaw, determination, decision, authorisation, application, licence, renewal, suspension, revocation, notice, purchase, disposal, charge, certificate, prohibition, registration, refusal, cancellation, variation, appeal, objection, advertisement, specification, condition or penalty prescribed, responsibility imposed or warrant granted. 2 Without prejudice to any express amendment made by this Act, where any enactment or document refers, either expressly or by implication, to any of the repealed enactments, the reference shall, except where the context otherwise requires, be construed as, or as including, a reference to the corresponding provision of this Act. 3 Where any period of time specified in any of the repealed enactments is current at the commencement of this Act, this Act shall have effect as if the corresponding provision of this Act had been in force when that period began to run. 4 (1) Nothing in this Act shall affect the repealed enactments in their operation in relation to offences committed before the commencement of this Act. (2) Where an offence, for the continuance of which a penalty was provided, has been committed under any of the repealed enactments proceedings may, in the same manner as if the offence had been committed under the corresponding provision of this Act, be taken under this Act in respect of the continuance, after the commencement of this Act, of the offence. 5 Without prejudice to paragraph 1 or 4 above, any reference in this Act (whether express or implied) to a thing done or required or authorised to be done, or omitted to be done, or to any event which has occurred, under or for the purposes of or by reference to or in contravention of any of the provisions of this Act shall, except where the context otherwise requires, be construed as including a reference to the corresponding thing done or required or authorised to be done, or omitted, or to the corresponding event which occurred as the case may be, under or for the purposes of or by reference to or in contravention of the corresponding provisions of the repealed enactments and of the enactments repealed by those enactments. 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 In relation to an order under section 3 of the Special Roads Act 1949 coming into force before the appointed day within the meaning of section 2 of the Telecommunications Act 1984, section 20 of the said Act of 1949 shall have effect, notwithstanding any repeal made by this Act, as it had effect immediately before that appointed day.

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SCHEDULE 11 Repeals

Section 156(3) Chapter | Short title | Extent of repeal 8 & 9 Vict.c. 33 | The Railway Clauses Consolidation (Scotland) Act 1845 | In section 11, the word “streets”. In section 16, the word “streets,” where it first occurs. In section 18, the words “pavements,”, “, streets, highways, lanes,” and “passages and”. In section 46, the words “whether carriage road, horse road, tramroad or railway, either public or private,”. 28 & 29 Vict.c. 56. | The Trespass (Scotland) Act 1865. | In section 3, the words “private”, where it occurs for the second time, and “, or on or near any highway,”. 41 & 42 Vict. c. 51. | The Roads and Bridges (Scotland) Act 1878. | The whole Act. 45 & 46 Vict.c. 38. | The Settled Land Act 1882. | In section 25 (xvii), the word “Streets”. 45 & 46 Vict.c. 56. | The Electric Lighting Act 1882. | In section 36, the definition of “local authority”. 51 & 52 Vict.c. 9. | The Roads and Bridges (Scotland) Act 1878, Amendment Act 1888. | The whole Act. 51 & 52 Vict. c. 12. | The Electric Lighting Act 1888. | In section 4(5), the words “the term ”street’ shall include any square, court, or alley, highway, lane, road, thoroughfare, or public passage or place whatever, and”. 51 & 52 Vict.c. 25. | The Railway and Canal Traffic Act 1888. | Section 16(3). 55 &56 Vict.c. 12. | The Roads and Bridges (Scotland) Amendment Act 1892. | The whole Act. 55 & 56 Vict.c. 43. | The Military Lands Act 1892. | Section 25(7). 56 & 57 Vict.c. 32 | The Barbed Wire Act 1893. | The whole Act. 57 & 58 Vict.c. 58. | The Local Government (Scotland) Act 1894. | Section 29. . . . | . . . | . . . In section 16(5), the word “public”. Section 39. 9 Edw. 7.c. 34. | The Electric Lighting Act 1909. | In section 25, the definition of “road”. 9 Edw.7.c. 47. | The Development and Road Improvement Funds Act 1909. | Part II. 9 & 10 Geo. 5. c. 50. | The Ministry of Transport Act 1919. | Schedule 2. 10 & 11 Geo. 5. c. 72. | The Roads Act 1920. | Section 3(6). Section 4. Schedule 1. 15 & 16 Geo. 5. c. 68. | The Roads Improvement Act 1925. | The whole Act. 19 & 20 Geo. 5. c. 33. | The Bridges Act 1929. | The whole Act. 20 & 21 Geo. 5. c. 43. | The Road Traffic Act 1930. | Part III. Section 117. In section 119, in subsection (3) the words “ for the purpose of the payment of the consideration for a transfer under section fifty-three of this Act or”; and subsections (4) to (9). In section 121(1), the definitions of “Forestry” and “Highway authority”. 24 & 25 Geo. 5 c. 50 | The Road Traffic Act 1934. | The whole Act. 25 & 26 Geo. 5. c. 47. | The Restriction of Ribbon Development Act 1935. | The whole Act except sections 17, 23(2), 24 and 26. 1 Edw. 8. & 1 Geo. 6. c. 5. | The Trunk Roads Act 1936. | The whole Act. 9 & 10 Geo. 6. c. 30. | The Trunk Roads Act 1946. | The whole Act. 10 & 11 Geo. 6. c. 53. | The Town and Country Planning (Scotland) Act 1947. | Section 44(1). Section 45. Section 113(1) except the definitions of “land” and “local authority”. In Schedule 8, the entry relating to the Restriction of Ribbon Development Act 1935. 12 & 13 Geo. 6. c. 32. | The Special Roads Act 1949. | The whole Act. 14 Geo. 6. c. 24. | The Highways (Provision of Cattle-Grids) Act 1950. | The whole Act. 14 Geo. 6. c. 39. | The Public Utilities Street Works Act 1950. | In section 12(2), the word “sewer” where it occurs for the second time. Section 23(6). Section 30(2). Section 36(1) to (11). In section 39(1), the definitions of “appropriate local authority”, “highway authority”, “maintainable highway”, “street”, “street authority” and “street managers”. In Schedule 5, the entries relating to section 13 of the Electric Lighting Act 1882 and to section 12 of the Schedule to the Electric Lighting (Clauses) Act 1899. In Schedule 6, paragraph 8. 4 Eliz. 2. c. 20. | The Agriculture (Improvement of Roads) Act 1955. | The whole Act. 4 & 5 Eliz. 2. c. 67. | The Road Traffic Act 1956. | The whole Act. 6. & 7. Eliz. 2. c. 69. | The Opencast Coal Act 1958. | In section 13(6), the words “ ”highway’ includes a public right of way;”. 7 & 8 Eliz. 2. c. 7. | The Manoeuvres Act 1958. | Section 3(5)(a). 7 & 8 Eliz. 2 c. 24. | The Building (Scotland) Act 1959. | Section 8. 7 & 8 Eliz. 2. c. 70. | The Town and Country Planning (Scotland) Act 1959. | Section 47. 8 & 9 Eliz. 2. c. 63. | The Road Traffic and Roads Improvement Act 1960. | The whole Act. 10 & 11 Eliz. 2. c. 58. | The Pipe-lines Act 1962. | In section 66(1), the definition of ”carriageway’. 1964 c. 33. | The Burgh Police (Amendment) (Scotland) Act 1964. | The whole Act. . . . | . . . | . . . 1966 c. 51. | The Local Government (Scotland) Act 1966. | Part III. In section 46(1), the definitions of “highway authority” and “local highway authority”. 1967 c. 76. | The Road Traffic Regulation Act 1967. | In section 29A(1), the words “in England and Wales”. 1967 c. 86. | The Countryside (Scotland) Act 1967. | Section 37(3). In section 54(1), the word “or” immediately following paragraph (d). 1968 c. 16. | The New Towns (Scotland) Act 1968 | Section 25. Section 41(2). 1968 c. 47. | The Sewerage (Scotland) Act 1968. | In section 59(1), the definition of ”street’. 1968 c. 73. | The Transport Act 1968. | In section 119(1)(a), the word “repair”. Section 121(6) and (7). Section 122(4). Section 139. In section 159(1), in the definition of “highway authority” paragraph (b). 1970 c. 20. | The Roads (Scotland) Act 1970. | The whole Act. 1970 c. 28. | The Local Government (Footpaths and Open Spaces) (Scotland) Act 1970. | Sections 1 and 2. In section 5, the definitions of “carriageway”, “development” and “footpath”; and in the definition of “local authority” the words “in sections 1 and 2, a regional or islands council, and in section 3.”. 1972 c. 20. | The Road Traffic Act 1972. | Section 13(b). Section 19(2)(b). In section 160(4), the words “the Lord Chief Justice of England or, as the case may be,”. 1972 c. 52. | The Town and Country Planning (Scotland) Act 1972. | Sub-paragraph (ii) of section 198(3)(a) and the word “or” immediately preceding that sub-paragraph. In section 198A(2)(b)(i), the words “sub-paragraphs (i) and (ii) of”. Section 200. In section 201(10)(b)(i), the words “sub-paragraphs (i) and (ii) of”. In section 204(1), the words “200”. In section 205, in each of subsections (1) and (5), the words “or 200”. In section 205A, in subsection (1), paragraph (b), the word “or” immediately preceding that paragraph, and the word “relevant” in both places where it occurs; in each of subsections (2) to (4) the word “relevant” wherever it occurs; and subsection (5). In section 206, in subsection (1) the words “, section 200 thereof by a highway authority”; in subsection (2) the words “(or that section as applied by section 200(3))”; in subsection (3) the words “or 200”; and in subsection (4) the words “200”. Section 207. In section 208(1), the words “200”. In section 209(1), the words “, 200”. Section 210. Section 210A(2)(c) and (e). In section 232(3), in paragraph (a) the words “under section 200 by the Secretary of State,” and “200,”; and in paragraph (b) the words “under section 200 by a highway authority,”. In section 236(1), the words “200,”. In Schedule 18, in each of paragraphs 1(1), 4(1), 5 and 6, the words “200”. In Schedule 20, paragraph 3. 1972 c. 60. | The Gas Act 1972. | In Schedule 4, in paragraph 1(4), the words from “In the application” to “1970”. 1973 c. 56. | The Land Compensation (Scotland) Act 1973. | In section 17(1), the definitions of “highway” and “highway authority”. Sections 20 to 23. Section 26(4)(a). Section 65(1). Section 70. Section 73(5). Section 80(2). 1973 c. 65. | The Local Government (Scotland) Act 1973. | In Schedule 14, paragraphs 1 to 30, 31(b), 32 to 41, 43 to 50, 51(a) and (b), 52 to 54, 57, 58, 74, 76 to 79, 87 and 88. 1974 c. 40. | The Control of Pollution Act 1974. | In section 27(1), the words “or council”; and from “In the application” to “1970”. In section 62(1), the words from “In this subsection” to “public”. Section 106(4). 1975 c. 21. | The Criminal Procedure (Scotland) Act 1975. | In Schedule 7D, paragraphs 1 and 47. 1975 c. 30. | The Local Government (Scotland) Act 1975. | In section 14(1), paragraph (a) and the words “local highway authority,” where they occur other than in that paragraph. Section 20. 1978 c. 3. | The Refuse Disposal (Amenity) Act 1978. | In section 3, in subsection (3) the words “within the meaning of the Highways Act 1959” and “within the meaning of that Act”; and subsection (4). 1980 c. 45. | The Water (Scotland) Act 1980. | In section 109, in subsection (1) the definitions of “bridge authority”, “highway”, “highway authority” and “street”; and subsection (2). In Schedule 3, paragraph 3. 1981 c. 23. | The Local Government (Miscellaneous Provisions) (Scotland) Act 1981 | In Schedule 2, paragraph 26. In Schedule 3, paragraph 21. 1981 c. 56. | The Transport Act 1981. | Section 32. Schedule 10. 1982 c. 16. | The Civil Aviation Act 1982. | In paragraph 4 of Schedule 2, the words “section 39 of the Roads (Scotland) Act 1970;”. 1982 c. 45. | The Civic Government (Scotland) Act 1982. | In section 13(6), the words “within the meaning of the Road Traffic Act 1972)”. In section 19(5), the words “being a highway”. In section 97, the words “street or” and “to which the public have access”. 1982 c. 49. | The Transport Act 1982. | In Schedule 2, the entry relating to the Roads (Scotland) Act 1970. 1984 c. 12. | The Telecommunications Act 1984. | In Schedule 2, in paragraph 1, in sub-paragraph (1) the definitions of “maintainable highway” and “street”, and sub-paragraph (5); and in paragraph 2(8)(a) the words “(which for this purpose shall be deemed to extend to Northern Ireland)”. In Schedule 4, paragraphs 9(4)(g), 17, 19, 26, and 51. 1984 c. 27. | The Road Traffic Regulation Act 1984. | In section 1(3), the word “trunk” where it occurs for the second time. In section 34(1), the words “in England or Wales”. Section 55(5). In section 142(1), in the definition of “highway authority”, paragraph (b) and the word “and” immediately preceding that paragraph. In Schedule 10, paragraphs 14 to 16.

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