Part 2Roads

18Works in roads where Ministers are not the roads authority

1

This section applies to Forth Crossing works in a road for which Ministers are not the roads authority.

2

Ministers must—

a

before commencing the works—

i

consult the roads authority for that road,

ii

consider any representations by the authority on the carrying out of the works, and

b

enter in the Scottish Road Works Register such information relating to the works and to their completion as would have been required under section 112B(5) and (6) of the 1991 Act had the works been carried out under section 2 of the 1984 Act.

3

The roads authority—

a

does not acquire any right or liability in respect of the carrying out of the works, including rights or liabilities in respect of—

i

work done, services rendered, goods delivered, or money due for payment, before the date of completion of the works,

ii

damages or compensation for any act or omission before that date, or

iii

the price of, or compensation for, any land purchased, or for which a contract to purchase has been made, before that date,

b

must produce to Ministers such documents and other information as Ministers may require relating to those rights and liabilities.

4

Any dispute between Ministers and the roads authority as to the rights and liabilities in respect of the carrying out of the works is to be resolved by arbitration.