Search Legislation

Edinburgh Tram (Line Two) Act 2006

 Help about what version

What Version

 Help about advanced features

Advanced Features

Changes over time for: Section 55

 Help about opening options

Alternative versions:

Changes to legislation:

There are currently no known outstanding effects for the Edinburgh Tram (Line Two) Act 2006, Section 55. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

55Obstruction to operationS

(1)Any person who, without reasonable excuse, intentionally places any obstruction on any part of the tram system or otherwise obstructs a tram shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(2)If any person places any obstruction on any part of the tram system or otherwise obstructs the tram, the authorised undertaker shall have the power to remove such obstruction forthwith.

(3)If anything removed by the authorised undertaker under subsection (2) is so marked as to be readily identifiable as the property of any person, the authorised undertaker shall within one month of its coming into its custody give notice, as required by subsection (7), to that person and, if possession of the thing is not retaken within the period specified in, and in accordance with the terms of, the notice, it shall at the end of that period vest in the authorised undertaker.

(4)If anything removed by the authorised undertaker under subsection (2) is not marked as to be readily identifiable as the property of any person, and is not within three months of coming into the custody of the authorised undertaker proved to the reasonable satisfaction of the authorised undertaker to belong to any person, it shall vest in the authorised undertaker from that time.

(5)The authorised undertaker may at such a time and in such manner as it thinks fit dispose of anything referred to in subsection (4) which is of a perishable nature or the custody of which involves unreasonable expense notwithstanding that it has not vested in the authorised undertaker under this section, and, if it is sold, the proceeds of sale—

(a)shall be paid to any person who, within three months from the time when the thing came into the custody of the authorised undertaker proves to the reasonable satisfaction of the authorised undertaker that that person was the owner of the thing at that time; or

(b)if within the said period no person proves ownership at that time, shall vest in the authorised undertaker.

(6)If anything removed under this section—

(a)is sold by the authorised undertaker and the proceeds of sale are insufficient to reimburse it for the amount of the expenses incurred by it in the exercise of its powers of removal; or

(b)is unsaleable,

the authorised undertaker may recover the deficiency or the whole of the expenses, as the case may be, from the person who placed the obstruction.

(7)A notice given under subsection (3) shall specify the thing removed and state that, upon proof of ownership to the reasonable satisfaction of the authorised undertaker, possession may be retaken at a place named in the notice within the time specified in the notice, being not less than 14 days after the notice is served.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources