92 Restriction on planting of trees etc. near carriageway.
(1) No tree or shrub planted in accordance with section 51 of this Act shall be planted within 5 metres of the edge of a made-up carriageway without the roads authority’s consent which shall not be unreasonably withheld.
(2) If a tree or shrub is planted in contravention of this section, the roads authority may, by notice served either on the owner or on the occupier of the land in which the tree or shrub is planted, require him to remove it within 28 days from the date of the service of the notice.
(3) A person who fails to comply with a notice given under subsection (2) above commits an offence.
(4) In this section, “made-up carriageway” means a carriageway, or part thereof, which has been metalled or in any way provided with a surface suitable for the passage of vehicles.
93 Protection of road users from dangers near a road.
(1) If, in the opinion of the roads authority, anything which is on land beside or near to a road—
(a) but is not itself a building constitutes a danger to road users and there is no other provision of this Act under or by virtue of which they may take steps to obviate the danger, they shall, under this subsection, take such steps;
(b) and is a building constitutes a danger to road users and there is no other such provision as aforesaid, they shall under this subsection take such steps by way of enclosure or screening,
as they consider appropriate to afford protection from the danger or to ensure that the danger is not so constituted; and they may, subject to subsection (6)(a) below, recover the expenses reasonably incurred in so doing from the owner of the land.
(2) Where there is on land adjoining a road—
(a) a fence made with barbed wire, or in or on which barbed wire has been laid;
(b) an electrified fence; or
(c) a wall or window-sill incorporating spikes, broken glass, barbed wire or a similar device,
and such wire, electrified fence, spikes, glass or device is in the opinion of the roads authority likely to be injurious to persons or animals lawfully using the road, the roads authority may serve a notice on the occupier of the land requiring him, within such period as may be specified in the notice, to take such steps as may be so specified to remove the risk of injury.
(3) Where the roads authority are occupiers of land adjoining a road, and there is on that land any such thing as is described in paragraphs (a) to (c) of subsection (2) above, then—
(a) in the case of a local roads authority, any person, being a ratepayer or person liable to pay council tax within their area; and
(b) in the case of the Secretary of State, any person,
may, if of the opinion required of a roads authority by the said subsection, serve a notice on the authority requiring them to take such steps as may be specified in the notice to remove the risk of injury.
(4) If the period specified in a notice served under subsection (3) above expires without the steps so specified having been taken, the person who served the notice may apply to the sheriff who may, if he is satisfied that the steps specified in the notice are necessary, order the roads authority to take those steps.
(5) In subsection (2) above “barbed wire” means any wire or strip metal with spikes or jagged projections.
(6) A person who considers that in all the circumstances he should not be required—
(a) to pay such expenses as are mentioned in subsection (1) above, may within 28 days of the first written intimation to him by the roads authority of their intention to recover those expenses from him; or
(b) to take such steps as are specified in a notice served on him under subsection (2) above, may within 28 days of such notice,
refer the matter by summary application to the sheriff; and the decision of the sheriff on the matter shall be final.
(1) If it appears to the roads authority that a ditch on land adjoining or lying near to a public road constitutes a danger to road users, the authority may—
(a) if they consider the ditch unnecessary for drainage purposes and the owner and every occupier of the land known to the authority agree in writing that it is unnecessary for those purposes, fill it in; or
(b) place in the ditch or in land adjoining or lying near to it, such pipes as they consider necessary in substitution for the ditch, and thereafter fill it in.
(2) If a person, without the consent of the roads authority, opens up or keeps open any ditch which has been filled in under subsection (1) above, the authority may carry out any work of reinstatement or repair necessitated by his action and may recover from him the expenses reasonably incurred in so doing; and without prejudice to their right to exercise that power, the person commits an offence.
(3) In this section—
“ditch” includes a gutter or watercourse and any part of a ditch;
“pipes” includes culverts, tunnels and other works; and
“public road” includes a proposed public road.
(1) A person who, being in charge of a vehicle on a road, allows such quantity of mud, clay, farmyard manure, or other material (of whatever nature) from the vehicle, or from anything carried on the vehicle, to drop onto or be deposited on the road so as to create, or be likely to create, a danger or substantial inconvenience to road users and who fails to remove the material as soon as reasonably practicable commits an offence.
(2) Expenses reasonably incurred by the roads authority . . . and necessitated by a contravention of this section may be recovered by them from the person in default.
(3) In this section any reference to a person in charge of a vehicle shall be construed as a reference to a person who as owner or otherwise has the immediate charge or control of the vehicle or who being present is entitled to give orders to the person having such charge or control.
(4) In this section, “vehicle” includes anything towed or pushed by a vehicle, and any appliance.
96 Extraordinary expenses in repairing roads damaged by heavy vehicles etc.
(1) Subject to subsection (3) below, where as respects any public road it appears to the roads authority (where they are a local roads authority from a certificate of the proper officer of the authority) that having regard to the average expense of maintaining the road, or other similar roads in their area, extraordinary expenses have been, or will be, incurred by them in maintaining the road by reason of damage caused to it by excessively heavy, or other extraordinary, vehicles or traffic, they may recover from any person (in this section referred to as the “operator”) by or in consequence of whose orders the vehicles have, or traffic has, been on the road, so much of the expenses of maintenance as is, or is likely to be, attributable to that damage.
(2) In subsection (1) above the expenses incurred by a roads authority in maintaining a road are (without prejudice to the application of this section to a by-pass provided under this Act for use in connection with a cattle-grid) to be taken to include expenses incurred by them in maintaining a cattle-grid provided for the road under this Act.
(3) If, before operations which may cause such damage commence, the operator admits liability in respect of the vehicles or traffic, he and the authority may agree the payment by him to them of a sum by way of a composition of such liability, or either party may require that a sum to be so paid shall be determined by arbitration; and where a sum has been so agreed or determined the operator shall be liable to pay that sum to the roads authority and shall not be liable to proceedings for such recovery as is mentioned in subsection (1) above.
(4) Subject to subsection (5) below, sums recoverable under this section shall be recoverable before the sheriff.
(5) Such proceedings as are provided for in subsection (4) above shall not be commenced later than 12 months after the damage has been done unless that damage is the consequence of a particular building contract or of work extending over a long period, in which case they may, notwithstanding that such period of 12 months has elapsed, be commenced within six months of completion of the contract or work.
(1) Without prejudice to section 129(9) of this Act and subject to subsections (2) and (4) below, no person shall, for the purpose of selling anything, or offering or exposing anything for sale, use any stall or similar structure or any container or vehicle, kept or placed on—
(a) any part of a trunk or principal road; or
(b) unenclosed land within 15 metres of any part of any such road,
except with the consent in writing of the roads authority and in accordance with such reasonable conditions as the authority think fit.
(2) Without prejudice to the generality of subsection (1) above, the references in that subsection and in subsection (4) below to selling anything or offering or exposing anything for sale include supplying a service for profit or offering to do so.
(3) A person who contravenes this section commits an offence.
(4) The foregoing provisions of this section do not apply to—
(a) the sale or offer or exposure for sale of things from or on a vehicle which is used only for—
(i) the purpose of itinerant trading with the occupiers of premises; or
(ii) that purpose and purposes other than trading;
(b) the sale or offer or exposure for sale of things in, and as part of, a relevant public market;
(c) the sale or offer or exposure for sale of newspapers;
(d) street trading under and in accordance with a street trader’s licence;
(e) carrying on a private market under and in accordance with a market operator’s licence; or
(f) any activity in respect of which a certificate under the Pedlars Act 1871 has been granted.
(5) This section is without prejudice to any other restriction, prohibition or requirement for consent, whether statutory or otherwise, which may apply to the activities mentioned in subsection (1) above.
(6) In this section—
“market operator’s licence” shall be construed in accordance with section 40 of the Civic Government (Scotland) Act 1982 (market operators’ licences);
“principal road” means a road which for the time being is classified as such by the Secretary of State under section 11(1) of this Act;
“private market” has the same meaning as in the said section 40;
“relevant public market” means a market or fair—
(a) held by virtue of a grant from the crown or of prescription or under statutory authority; and
(b) established, held or having its place fixed, by a local authority:
Provided that in establishing or holding, or fixing the place of, the market and in regulating it the local authority shall consult the roads authority and shall, so far as the local authority consider it practicable to do so, give effect to any recommendations as respects the market made to them by the roads authority in the interests of road users;
“street trading” has the same meaning as in section 39 of the said Act of 1982 (street traders’ licences); and
“street trader’s licence” shall be construed in accordance with the said section 39.
(1) An animal which is left on, or allowed to stray onto, a road other than at a place where that road is running through unenclosed land may be seized and detained by the roads authority or by a constable; and the person so leaving an animal or allowing it so to stray commits an offence.
(2) Subject to subsection (3) below, the owner of an animal seized or detained under subsection (1) above may recover it from the roads authority, or as the case may be from the Scottish Police Authority , on payment to them of their reasonable expenses in acting under the said subsection (1):
Provided that no such payment shall be exigible where the owner took all reasonable steps to ensure that the animal was not so left as is mentioned in subsection (1) above or, as the case may be, did not so stray as is there mentioned.
(3) Subject to the proviso to subsection (2) above, the roads authority, or as the case may be Scottish Police Authority , may sell, or otherwise dispose of, an animal so detained by them if, within three days of their giving intimation, in a newspaper circulating in their area, of the seizure, detention and prospective sale or disposal, the said expenses are not paid.
(4) Any proceeds of a sale or disposal under subsection (2) above shall be used to meet the said expenses. Thereafter any surplus shall be given to the owner of the animal if he can be traced and if he cannot may be retained by the roads authority or as the case may be Scottish Police Authority .
(5) In proceedings for an offence under subsection (1) above, it shall be a defence for a person accused of allowing an animal to stray onto a road to prove that he took all reasonable steps to prevent such straying.
(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(1) The owner and the occupier of any land, whether or not that land is such as constitutes a structure over or across a road, shall prevent any flow of water or of filth, dirt or other offensive matter from, or any percolation of water through, the land onto the road.
(2)
A person may, with the consent of the roads authority and subject to such reasonable conditions as may be imposed by that authority, at his own expense carry out such works in, or make such excavations under, the road as appear to him to be necessary for the purposes of his complying with subsection (1) above.
(3) Without prejudice to subsections (1) and (6) of this section, where there is onto a road such flow or percolation as is mentioned in subsection (1) above, the roads authority may by notice served on the owner or occupier of the land require him, within 28 days from the date of service of, or within such longer period from that date as may be specified in, the notice, to carry out such works or make such excavations as may be so specified, being works or excavations in their opinion necessary for compliance by him with subsection (1) above.
(4) A person upon whom a notice has been served under subsection (3) above may within 28 days of such service refer the matter by summary application to the sheriff; and the decision of the sheriff on the matter shall be final.
(5) Subsections (4) and (10) of section 56 of this Act shall apply in respect of works and excavations executed as is mentioned in subsection (2) or (3) above as the said subsections (4) and (10) apply in respect of works and excavations executed as is mentioned in subsection (1) of that section.
(6) A person failing to comply with subsection (1) above commits an offence.
A person who without lawful authority or reasonable excuse—
(a) deposits anything whatsoever on a road so as to damage the road;
(b) paints or otherwise inscribes or affixes upon the surface of a road or upon a tree, traffic sign, milestone, structure or works on or in a road, a picture, letter, sign or other mark; or
(c) by lighting a fire within, or by permitting a fire for which he is responsible to spread to within, 30 metres of a road, damages the road or endangers traffic on it,
commits an offence.
101 Placing rope, wire or other apparatus in road without adequate warning.
A person who, for any purpose, places or causes to be placed in a road rope, wire or other apparatus in such manner as endangers road users and who fails to take all necessary steps to give adequate warning of the danger, commits an offence.
A person who, in ploughing unenclosed land adjoining a public road, fails to make side ridges at least 3 metres in breadth along the sides of the road, commits an offence.
104 Acquisition of land for construction, improvement or protection of public roads etc.
(1) Subject to section 109 of this Act, a roads authority may acquire land required—
(a) in connection with the construction, improvement or protection of a public road under or by virtue of this Act; or
(b) for the purpose—
(i) of providing or improving a road which is to be provided or improved in pursuance of an order under section 202, 203 or 207 of the Town and Country Planning (Scotland) Act 1997; or
(ii) of providing a public right of way which is to be provided as an alternative to a right of way extinguished under section 206(1)(a) or (b),
or for any other purpose for which land is required in connection with such an order as is mentioned in sub-paragraph (i) above.
(2) Subject to section 109 of this Act, the Secretary of State may acquire land which is required in connection with—
(a) the carrying out of any works authorised by an order relating to a trunk road under section 12 of this Act; or
(b) the provision of buildings or facilities for the purposes of constructing, improving, maintaining or servicing a trunk road other than a special road.
(3) Subject to section 109 of this Act, the special road authority may acquire land which is required—
(a) in connection with the improvement of a road which is included in the route of a special road but has not been transferred to the authority by means of an order under section 9 of this Act,
(b) for the purpose of any order made in relation to a special road under the said section 9, or
(c) in connection with the provision of service stations or other buildings or facilities to be used in connection with a special road.
(4) Where, in the exercise of any of the powers conferred by subsections (1) to (3) above or section 106 of this Act, a roads authority have acquired, or propose to acquire, land forming part of a common or open space, and other land is required for the purpose of being given in exchange for the first-mentioned land, the authority may acquire that other land as if it were land required by them in connection with the construction or improvement of a public road; and nothing in section 109 of this Act applies to an acquisition by virtue of this subsection.
(5) In the foregoing provisions of this section any reference to—
(a) a public road shall be construed as including a reference to a proposed public road;
(b) a trunk road shall be construed as including a reference to a proposed public road which is to be a trunk road; and
(c) a special road shall be construed as including a reference to a proposed public road which is to be a special road.
105 Further provision as regards acquisition of land for construction, improvement etc. of public roads.
(1) The roads authority may acquire, but, under this subsection, only by agreement, any land in the neighbourhood of a public road (or proposed public road) being land which they consider it desirable to acquire for preserving or improving the amenity of the road.
(2) Subject to section 109 of this Act, the roads authority may acquire land wherever situated which in their opinion is required in connection with the carrying out of works authorised by section 12, 69 or 70 of this Act.
(3) The local roads authority may acquire land wherever situated which in their opinion is required for the provision of any buildings or facilities needed for the purpose of constructing, improving, maintaining or servicing a public road (or proposed public road).
(4) The foregoing provisions of this section are without prejudice to section 104 of this Act.
(5) Any power of a roads authority under section 104 of this Act or subsection (1) or (3) above to acquire land by agreement for the purpose mentioned in the provision in question shall be exercisable in respect of any land which, in the opinion of the roads authority, may be required for that purpose, notwithstanding that the land is not immediately required for that purpose.
106 Acquisition of land for mitigating adverse effects of construction of road.
(1) Subject to subsection (3) below, the roads authority may acquire land for the purpose of mitigating any adverse effect which the existence or use of a road constructed or improved by them, or proposed to be constructed or improved by them, has or will have on the surroundings of the road.
(2) Subject to subsection (3) below, the roads authority may acquire, but only by agreement—
(a) land the enjoyment of which is seriously affected by the carrying out of works by the authority for the construction or improvement of a road;
(b) land the enjoyment of which is seriously affected by the use of a road which the authority have constructed or improved,
if the interest of the seller is one which falls within section 100(2) of the Town and Country Planning (Scotland) Act 1997 (interests qualifying for protection under blight provisions) taking references to the date of service of a notice under section 101 of that Act as references to the date on which the purchase agreement is made.
(2A) Where the roads authority propose to carry out works on land to which this subsection applies for the construction or improvement of a road, they may acquire by agreement land the enjoyment of which will in their opinion be seriously affected by the carrying out of the works or the use of the road if the interest of the seller is an interest such as is mentioned in section 100(2) (interests qualifying for protection under blight provisions) of the Town and Country Planning (Scotland) Act 1997.
(2B) Subsection (2A) above applies to any land such as is mentioned in Schedule 14 to the said Act of 1997.
(3) The powers conferred by subsections (1) and (2)(a) above shall not be exercisable unless the acquisition is begun before the date on which the road or, as the case may be, the improved road is opened to public traffic; and the powers conferred by subsection (2)(b) above shall not be exercisable unless the acquisition is begun before the end of one year after that date.
(4) For the purposes of subsection (3) above the acquisition of land is begun—
(a) if it is compulsory, on the date on which the notice required by paragraph 3(1)(a) of Schedule 1 to the Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947 is first published;
(b) if it is by agreement, on the date on which the agreement is made;
and where the compulsory acquisition of land under subsection (1) above is begun in accordance with subsection (3) above but is not proceeded with, any subsequent compulsory acquisition of that land under the said subsection (1) shall be treated for the purposes of this section as begun in accordance with the said subsection (3).
(5) For the purpose of assessing the compensation payable on the compulsory acquisition of land under this section the land shall be treated as if it were being acquired for the construction of the road or, as the case may be, the improvement in question.
(6) In this section references to the construction or improvement of a road include references to the construction or improvement of a road under an order under section 9 or 12 of this Act.
(7) In paragraph 11 of Schedule 14 to the Town and Country Planning (Scotland) Act 1997—
(a) the reference to a power of compulsory acquisition there mentioned shall include a reference to the power of compulsory acquisition conferred by subsection (1) above; and
(b) the reference to land acquired for purposes of construction, improvement or alteration as indicated in an order or scheme there mentioned shall include a reference to land required for the purposes of subsection (1) above.
(8) The said Schedule 14
shall have effect as if the land specified therein included land which—
(a) is land shown in plans approved by a resolution of a local roads authority as land proposed to be acquired by them for the purposes of subsection (1) above; or
(b) is land shown in a written notice given by the Secretary of State to the local planning authority as land proposed to be acquired in connection with a trunk road or special road which he proposes to provide.
107 Acquisition of land in connection with cattle-grids.
A roads authority may acquire land for the purpose of providing, altering or improving a cattle-grid (or a by-pass in relation to a cattle-grid) in the exercise of powers conferred by this Act; and where they so acquire land by agreement the acquisition may be by way of purchase, lease or otherwise.
108 Acquisition of land for provision of picnic site.
Subject to section 109 of this Act, the Secretary of State may acquire land required in connection with the provision under section 55 of this Act of a picnic site.
109 Distance limits for purposes of compulsory acquisition.
(1) Subject to subsection (3) below, a roads authority shall not, in the exercise of a power to acquire land under any of the provisions of this Act specified in column 1 of Part I of Schedule 5 to this Act, acquire compulsorily land lying beyond the limit specified in relation to that power in column 2 of that Part of that Schedule.
(2) Part II of that Schedule shall have effect with respect to limits specified in Part I of that Schedule.
(3) Nothing in this section applies to land required for purposes connected with the drainage or protection of a public road.
(4) In subsection (3) above and in Schedule 5 to this Act, references to a road and to a public road shall be construed, respectively, as including references to a proposed road and to a proposed public road.
(1) Any power to acquire land compulsorily conferred by sections 104 to 107 of this Act on a local roads authority shall be exercisable in any particular case on their being authorised to do so by the Secretary of State.
(2) Any power to acquire land compulsorily conferred by any of the said sections shall include power to acquire a servitude or other right in or over land by the creation of a new right.
(3) In relation to the compulsory acquisition of land under any of sections 104 to 108 of this Act by a roads authority, the Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947 shall have effect as if this Act had been in force immediately before the commencement of that Act and, in a case where the compulsory acquisition is by the Secretary of State, as if the said sections were included among the enactments specified in section 1(1)(b) of that Act.
(4) In assessing the compensation payable in respect of the compulsory acquisition of land by a roads authority under powers conferred by section 104 or sections 106 to 108 of this Act, the Lands Tribunal for Scotland—
(a) shall have regard to the extent to which the remaining contiguous land belonging to the same person may be benefited by the purpose for which the land is authorised to be acquired;
(b) without prejudice to the generality of paragraph (a) above shall, in the case of land authorised to be acquired for widening a public road, set off against the value of the land to be acquired any increase in the value of other land belonging to the same person which will accrue to him by reason of the creation of a frontage to the road as widened;
(c) shall take into account, and embody in its award, any undertaking given by the authority as to the use to which the land, or any part of it, will be put;
and the Land Compensation (Scotland) Act 1963 shall, in its application to a compulsory acquisition by a roads authority under any of the said sections, have effect subject to the provisions of this subsection.
(5) Where under any of sections 104 to 108 of this Act a roads authority are authorised to acquire land by agreement, the Lands Clauses Acts (except the provisions relating to the purchase of land otherwise than by agreement and the provisions relating to access to the special Act, and except sections 120 to 125 of the Lands Clauses Consolidation (Scotland) Act 1845) and sections 6 and 70 of the Railways Clauses Consolidation (Scotland) Act 1845, and sections 71 to 78 of that Act, as originally enacted and not as amended for certain purposes by section 15 of the Mines (Working Facilities and Support) Act 1923, shall be incorporated with this Act; and in construing those Acts for the purposes of this subsection this Act shall be deemed to be a special Act, and the roads authority to be the promoters of the undertaking or company, as the case may require, and the word “land” shall have the meaning assigned to it by Schedule 1 to the Interpretation Act 1978.
111 Concurrent proceedings for special and trunk roads schemes and orders.
(1) Proceedings required by Schedule 1 to the Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947 to be taken in respect of the compulsory acquisition of land for purposes connected with a special road or trunk road may be taken concurrently with proceedings required to be taken for the purposes of a scheme under section 7, or an order under section 9, of this Act relating to the special road, or, as the case may be, an order under section 5 or 12 of this Act relating to the trunk road.
(2) An order under section 9 or 12 of this Act or an order for the compulsory acquisition of land for purposes connected with a special road or trunk may be made to come into operation on the same day as a scheme under section 7 of this Act authorising the provision of a special road or, as the case may be, an order under section 5 of this Act directing that a road shall become a trunk road.
(3) In the foregoing provisions of this section, references to special roads or to trunk roads shall be construed as including references to proposed public roads which are to be special roads or as the case may be are to be trunk roads.
112 Transfer of property and liabilities upon road becoming or ceasing to be a trunk road.
(1) Where a road becomes a trunk road, then, subject to the provisions of this section, as from the date on which it does so (“the operative date”), there shall, by this section, be transferred to and shall vest in the Secretary of State for the purposes of his functions as roads authority—
(a) the road in so far as it was, immediately before the operative date, vested in the former roads authority;
(b) all property in so far as it was, immediately before the operative date, vested in the former roads authority for the purposes of their functions in relation to the road;
(c) all liabilities which have been incurred by the authority for the purposes mentioned in paragraph (b) above and have not been discharged before the operative date, other than loans and loan charges.
(d) any property such as is mentioned in subsection (1A) below
(1A) The property mentioned in paragraph (d) of subsection (1) above is property which—
(a) was, immediately before the operative date, vested in the former roads authority for the purposes of their functions in relation to more than one road (including the road mentioned in that subsection); and
(b) is specified in an order made by the Secretary of State.
(1B) Where any property is transferred to and vests in the Secretary of State as mentioned in subsection (1)(d) above, he shall make arrangements with the former roads authority as respects the use of that property; and any dispute between the Secretary of State and the former roads authority as to any arrangements made under this subsection shall be determined in like manner as any dispute such as is mentioned in subsection (7) below.
(2) In subsections (1) and (1A) above, “property”—
(a) includes the unexpended balances of any grants paid by the Secretary of State to any such authority for the purposes of their functions in relation to the road but not of any loans raised by any such authority for those purposes; and
(b) does not include—
(i) land vested in the authority for the storage of materials required wholly or partly for the maintenance, repair or improvement of other roads;
(ii) land acquired for the improvement or development of frontages or of land abutting on or adjacent to the road; and
(iii) materials for maintenance, repair or improvement of the road.
(3) Such vesting as is mentioned in subsection (1) above shall not confer on the Secretary of State any heritable right in relation to a road.
(4) There shall not be transferred to the Secretary of State by this section any right or liability in respect of—
(a) work done, services rendered, goods delivered, or money due for payment, before the operative date;
(b) damages or compensation for any act or omission before that date; or
(c) the price of, or compensation for, any land purchased, or for which a contract to purchase has been made, before that date.
(5) Anything vested in the Secretary of State by this section shall be held by him subject to all covenants, conditions and restrictions subject to which it was held by the former roads authority and to all liabilities affecting it (except a liability referred to in subsection (4) above).
(6) The Secretary of State may enter into an agreement with the former roads authority—
(a) that any property or liabilities (except loans and loan charges) acquired or incurred by the authority for the purposes of their functions in relation to a road which has become a trunk road, other than properties or liabilities transferred to the Secretary of State by this section, shall be transferred to him, or
(b) that any property or liabilities transferred to the Secretary of State by this section shall be transferred back to the authority.
(7) Any dispute between the Secretary of State and any authority or person as to the property or liabilities transferred by this section shall be determined by arbitration by a single arbiter appointed in default of agreement by the Court of Session, or the sheriff, on the application of either party.
(8) The foregoing provisions of this section shall apply 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—
(a) for references to the former roads authority of references to the Secretary of State, and
(b) for references to the Secretary of State of references to the local roads authority who become the roads authority for the road.
(9) The former roads authority for a road which becomes a trunk road shall produce to the Secretary of State such documents and other information as he may require relating to their functions, property and liabilities in respect of the road.
(10) Schedule 6 to this Act shall have effect for the purpose of providing for transitional matters arising where a road becomes or ceases to be a trunk road and for making certain other transitional provisions.
(11) In the foregoing provisions of this section—
“former roads authority” means, in relation to a road which has become a trunk road, the roads authority in whom the road was vested immediately before it became a trunk road; and
“property”, subject to subsections (2) and (3) above, includes property, rights and powers of every description.
113 Transfer of property and liabilities in connection with special roads etc.
(1) Where provision is made by an order under section 9 or, as the case may be, 12 of this Act—
(a) for transferring a road from one roads authority to another;
(b) for enabling a roads authority to alter a road vested in another; or
(c) for authorising or requiring any functions of a local authority to be exercised by a roads authority,
the order may transfer to the roads authority to whom the road is transferred or, as the case may be, in whom it is vested, or by whom those functions are to be exercised, any property, rights or liabilities (other than loans or loan charges) vested in or incurred by the other authority in connection with the road, or the alteration, or for the purposes of those functions.
(2) An order transferring property, rights or liabilities under section 9 or 12 of this Act may for that purpose (whether or not the road in question is a trunk road) apply any of the provisions of section 112 of this Act or any of the transitional provisions contained in Schedule 6 to this Act, subject to such modifications as may be specified in the order.
(3) No order under section 9 or 12 of this Act shall provide for transferring to any authority (except by agreement with that authority) any bridge over or tunnel under the road as distinct from any approaches to the bridge or tunnel.
113A Dissolution of certain bodies in consequence of order under section 9.
(1) Where—
(a) an order under section 9 of this Act transfers to a special road authority a road for the management and maintenance of which a body other than a roads authority was, prior to the coming into force of the order, responsible under any enactment; and
(b) the functions of that body relate solely to that road,
the Secretary of State may by order (in this section referred to as a “dissolution order”) dissolve the body.
(2) A dissolution order may transfer or provide for the transfer to—
(a) the special road authority referred to in subsection (1)(a) above; or
(b) such other person as the Secretary of State considers appropriate,
of such of the property, rights and liabilities of the body dissolved by the order as the Secretary of State considers appropriate.
(3) A dissolution order may make provision in connection with the transfer of staff employed by or for the purposes of the body.
(4) Without prejudice to the generality of subsection (2) above, a dissolution order may make provision regarding liability for the payment of any pensions, allowances or gratuities which would otherwise have been the responsibility of the body.
(5) A dissolution order may make incidental provision as to the interests, rights and liabilities of third parties with respect to property, rights and liabilities transferred by the order.
(6) In subsection (5) above the reference to third parties is a reference to persons other than the body and the persons referred to in subsection (2)(a) and (b) above.
(7) A dissolution order may repeal or amend—
(a) any enactment in a private Act; and
(b) any provision of an order made under or confirmed by a private Act,
which, in consequence of the making of the order, is no longer required or, as the case may be, requires to be amended.
114 Transfers of officers and property in connection with lighting and bus shelters, etc.
(1) This section applies where, by virtue of section 35 or 49 of this Act, a function which was, before the commencement of this Act, exercisable by a district council (whether or not concurrently with another local authority) is exercisable by a local roads authority.
(2) An officer of a district council who, in the period immediately before the coming into force of this Act, was wholly or mainly employed in duties pertaining, irrespective of how his office or employment was formally described, to a function referred to in subsection (1) above, shall be transferred into the employment of the local roads authority; but such transfer shall not affect any legal right or entitlement of the officer.
(3) Subject to any such agreement as is provided for in subsection (4) below, any heritable or moveable property of a district council which is wholly or mainly used, or held, by the council in relation to the discharge of a function referred to in subsection (1) above shall transfer to and vest in the local roads authority.
(4) If or in so far as the district council and the local roads authority agree that property shall not be transferred by subsection (3) above, that subsection shall have no effect as regards the property; but the property shall no longer be used or held by the district council in relation to the discharge of a function referred to in subsection (1) above.
(5) Any dispute between a district council and a local roads authority as to whether or when a transfer falls to take place under subsection (2) or (3) above or as to any other matter concerning such a transfer shall be determined by arbitration by a single arbiter appointed in default of agreement by the Court of Session, or the sheriff, on the application of either party.
(1) Where a road is stopped up under this Act or any other enactment and has ceased to be used as a road, the solum of the road shall, subject to any prior claim of any person by reason of title, vest in the owner or owners of the land which adjoins the road.
(2) Any dispute arising under this section as to the vesting of the solum may be referred on summary application by any interested party to the sheriff, and the decision of the sheriff on the matter shall be final.
(1) Without prejudice to any right of compensation enjoyed apart from this section, a person who sustains damage by reason of the execution of works authorised by section 24, 28, 30, 31(1) or (2), 50(1), 74(1), 78(1), 94 or 124(1) of this Act, or subject to section 35(6) thereof, by section 35(1) or (3) thereof, shall be entitled to recover compensation for that damage from the person executing the works.
(2) For the purposes of the application of subsection (1) above—
(a) to section 50 of this Act, in that subsection “works” includes such planting as is mentioned in subsection (1) of that section; and
(b) to section 124 of this Act, in that subsection “works” includes experiments or trials conducted under that section.
(1) Any question of disputed compensation under section 71, 72, 83(8), 88(2), 106, 116, 121 or 140 or disputed expenditure under section 134(3) or 135(3) of this Act shall be determined in the same manner as compensation for the acquisition of land falls to be determined under the Land Compensation (Scotland) Act 1963, and sections 8, 9 and 11 of that Act shall have effect accordingly subject to any necessary modifications.
(2) Section 87(1) and (2) of the Town and Country Planning (Scotland) Act 1997 (assessment of compensation for the purposes of Part IV of that Act) shall apply in relation to the assessment of the disputed compensation mentioned in subsection (1) above, being compensation in respect of the depreciation in value of any interest in land, as that section applies in relation to the assessment of compensation payable under the said Part IV.
118 Compensation where interest in land subject to heritable security.
Subsection (4) of section 87 of the Town and Country Planning (Scotland) Act 1997 (provisions as to compensation where an interest in land is subject to a heritable security) shall apply in relation to such compensation as is mentioned in section 71(6), 72(1), 83(8) or 88(2), or as may be provided for in an agreement under section 53(2), of this Act as the said subsection (4) applies in relation to compensation to which the said section 87 applies.
119 Compensation for land acquired as service area for special road.
(1) Where land is compulsorily acquired—
(a) under section 104(3)(c) of this Act in a case where the acquisition is authorised by a compulsory purchase order which does not also authorise the acquisition of land required for the provision of the adjacent length of special road;
(b) in pursuance of a notice under section 88 of the Town and Country Planning (Scotland) Act 1997 (protection of owners of land affected by certain planning decisions) in a case where the Lands Tribunal for Scotland is satisfied that there are proposals for using the whole or part of the relevant land for such purposes in connection with a special road as are mentioned in the said section 104(3)(c) and that the amount of the compensation would apart from this section be affected by the provision or proposed provision of the special road; or
(c) in pursuance of a notice under section 101 of the said Act of 1997 or section 73 of the Land Compensation (Scotland) Act 1973 (protection of owner-occupiers of land affected by planning proposals) in a case where the appropriate enactment for the purposes of section 105 of the said Act of 1997 is or includes the said section 104(3)(c),
then, for the purpose of assessing compensation in respect of the compulsory acquisition, the value of the relevant interest shall be ascertained—
(i) so far as it is attributable to any relevant planning permission, on the assumption that traffic carried by the special road will not have direct or indirect access to the relevant land; and
(ii) so far as it is not attributable to any such planning permission, on the assumption that traffic carried by the special road will not have direct access to the relevant land.
(2) In this section—
“direct access” means access by means of a special road or private road and “indirect access” means access by means of a public road which is not a special road;
“relevant planning permission” means any planning permission for service area development which is in force on the date of service of the notice to treat, or as to the grant of which any assumption is required to be made by virtue of section 23 or 24 of the Land Compensation (Scotland) Act 1963, or the possibility of the grant of which is taken into account in assessing the compensation;
“service area development” means development of the relevant land, or of any part thereof, for the purpose of providing such service stations or other buildings or facilities as are mentioned in the said section 104(3)(c) or of providing any other buildings or facilities designed to cater to a significant extent for traffic carried or to be carried by the special road;
and any expression which is also used in the said Act of 1963 has the same meaning as in that Act.
120 Duty to have regard to needs of disabled and blind in executing works etc.
(1) A roads authority, local authority or other person exercising a statutory power to execute works in a road shall have regard to—
(a) the needs of disabled or blind persons whose mobility may be impeded by the works; and
(b) without prejudice to the generality of paragraph (a) above, the needs of blind persons to have any openings, whether temporary or permanent, in the road properly protected.
(2) An authority or person mentioned in subsection (1) above shall have regard to the needs of disabled persons and blind persons when placing lamp-posts, bollards, traffic signs, apparatus or other permanent obstructions in a road.
(3) A roads authority shall have regard to the needs of disabled persons when considering the desirability of providing ramps at appropriate places between carriageways and footways.
(4) Section 28 of the Chronically Sick and Disabled Persons Act 1970 (power to define certain expressions for the purposes of provisions of that Act) shall have effect as if any reference in it to a provision of that Act included a reference to this section.
(5) In the foregoing provisions of this section, references to a road shall be construed as including references to a proposed road.
(1) The Scottish Police Authority may delegate to the chief constable of the Police Service of Scotland any of its functions under the sections mentioned in subsection (2).
(2) The sections are—
(a) section 59;
(b) section 86; and
(c) section 98.
(1) The roads authority may enter land to search for, dig and carry away materials for the purpose of making or repairing a public road or of repairing a prospective public road and may carry such materials through any land.
(2) In subsection (1) above “prospective public road” has the same meaning as in the Part IV of the New Roads and Street Works Act 1991.
(3) Before carrying out any operations under this section, the roads authority shall serve on the owner and occupier of the land affected notice of their intention to carry out the operations, describing the proposed works and informing him that he may object to the proposed works by notice to the authority within 28 days of the notice of intention being served on him.
(4) Where an owner or occupier of land affected objects to the proposed works in accordance with subsection (3) above and the objection is not withdrawn, then—
(a) if the roads authority is the Secretary of State, he shall consider the objection before carrying out the proposed works, and
(b) if the roads authority are a local roads authority, they shall not carry out the proposed works without the consent of the Secretary of State who may grant such consent either unconditionally or subject to such conditions as he thinks fit.
(5) The roads authority shall pay compensation to the owner or occupier of the land for any damage done to it by exercise of their powers under this section and for the value of the materials carried away by them.
(6) Where an excavation is made by the roads authority in exercise of their powers under this section, they shall—
(a) while the work is in progress, and thereafter so long as the excavation remains open, keep the excavation sufficiently fenced to prevent accidents to persons or animals;
(b) as soon as reasonably practicable after completion of the work either—
(i) fill up the excavation; or
(ii) slope it down and fence it off, if the owner or occupier so requires, and thereafter keep it so fenced;
(c) so far as is reasonably practicable, when filling up the excavation, make good, and level, the ground.
Nothing in this Act authorises—
(a) the excavation or removal of any materials the excavation or removal of which is prohibited by section 18 of the Coast Protection Act 1949 (prohibition of excavation, etc., of materials on or under seashore); or
(b) the carrying out of any operation in contravention of section 34 of that Act (restriction of works detrimental to navigation).
123 Saving for obligation to obtain planning permission.
Subject to any express provision to the contrary, nothing in this Act authorises the carrying out of any development of land for which permission is required by virtue of section 28 of the Town and Country Planning (Scotland) Act 1997 (development requiring planning permission) and which is not authorised by permission granted or deemed to be granted under or for the purposes of Part III of that Act.
124 Power to conduct experiments as regards roads construction etc.
(1) The Secretary of State may, either by himself or through any authority or other organisation approved by him, conduct experiments or trials for the improvement of the construction of roads, or for testing the effect of various classes of vehicles on various types of roads, and may construct such roads and works, erect such plant, provide such accommodation and, subject to the approval of the Treasury, incur such expenditure as may be necessary.
(2) An experiment or trial under this section shall not be conducted on a road which is maintainable by a local roads authority except with the consent of that authority.
125 Extension of section 34 of Road Traffic Regulation Act 1984.
Section 34 of the Road Traffic Regulation Act 1984 (which makes provision for access to premises through off-street parking places) shall extend to Scotland; and accordingly in subsection (1) of that section the words “in England and Wales” shall cease to have effect.
128 Saving for, and extension of section 80 of, Health and Safety at Work etc. Act 1974.
(1) Nothing in this Act authorises the carrying out of any operation in contravention of “the relevant statutory provisions” defined in Part I of the Health and Safety at Work etc. Act 1974 or in contravention of any regulation made, or prohibition notice or improvement notice served, under or by virtue of that Act or any of those provisions.
(2) For the purpose of the application of section 80 (1) of the said Act of 1974 (general power to repeal or modify Acts and instruments where such repeal or modification appears expedient in consequence of or in connection with any provision made by or under Part I of that Act), this Act shall be deemed an Act passed before that Act.
(1) A person who in or beside any road leaves open and unfenced, or insufficiently covered or insufficiently fenced, an opening into a vault or cellar commits an offence:
Provided that the foregoing provisions of this subsection do not apply in relation to the duty under section 56(5) of this Act first to provide a door or cover.
(2) A person who, without lawful authority or reasonable excuse, places or deposits anything in a road so as to obstruct the passage of, or to endanger, road users commits an offence:
Provided that no person shall, in respect of the same acting be convicted both under the foregoing provisions of this subsection and under section 59(2), 90, 95, 100(a) or 101 of this Act, or subsection (9) of this section, of an offence.
(3) A person who, in a road, as the case may be drives, leads or propels a vehicle or animal commits an offence if any load which is thereby being carried projects beyond the vehicle or animal so as in any way to obstruct or endanger other road users.
(4) Without prejudice to subsection (2) above, a person who, in a road, pitches a tent or encamps commits an offence.
(5) Subject to section 64 of this Act, a person who, in a footway, footpath or cycle track, as the case may be drives, rides, leads or propels a vehicle or horse, or any swine or cattle, commits an offence:
Provided that the foregoing provisions of this subsection do not apply—
(a) where and in so far as the vehicle or animal is being taken across the footway, footpath or cycle track;
(b) in relation to a pedal cycle which is either not being ridden or is being ridden on a cycle track;
(c) except on a cycle track where there is no public right of passage on foot, in relation to—
(i) a perambulator, push-chair or other form of baby carriage; or
(ii) an invalid carriage whose motive power is provided solely by its rider or some other person, or by an electric motor, or by a combination of these sources; or
(d) where there is a specific right so to drive, ride, lead or propel.
(6) A person who parks a motor vehicle (“motor vehicle” having the same meaning as in the Road Traffic Act 1972) wholly or partly on a cycle track commits an offence.
(7) A person who in a road rides or drives furiously, recklessly or carelessly a horse or other animal (whether or not that horse or animal is attached to a cart or carriage) commits an offence.
(8) Without prejudice to subsection (2) above, a person who, over or along a footway, places a shade, awning or other projection less than either or both—
(a) 2.25 metres above the level of the footway;
(b) 50 centimetres inwards from a carriageway,
commits an offence.
(9) A person who displays goods for sale by placing them in, or hanging them over, a footway or footpath commits an offence:
Provided that the foregoing provisions of this subsection do not apply to—
(a) the offer or exposure for sale of newspapers;
(b) the display of goods for sale by a street trader trading under and in accordance with a street trader’s licence;
(c) the display of goods for sale in connection with the carrying on of a private market under and in accordance with a market operator’s licence; or
(d) any activity in respect of which a certificate under the Pedlars Act 1871 has been granted,
and in the foregoing paragraphs of this proviso “street trader’s licence”, “private market” and “market operator’s licence” shall be construed in accordance with section 97(6) of this Act.
(10) Where materials, tools, machinery or other equipment—
(a) have been deposited in any place for use by the roads authority in constructing or maintaining a road; or
(b) are in a quarry which has been opened by the authority for the purpose of their obtaining such materials for that use,
a person who without reasonable excuse takes away, or displaces, the materials, tools, machinery or equipment commits an offence.