Transport (Scotland) Act 2019
2019 asp 17
The Act
Part 9 – Road Works
Permission to execute works in a road
Permission to execute works in a road: section 114
492.At present there are two, substantially similar, legislative powers under which permission may be granted to a person to carry out works involving apparatus: namely, section 61 of the 1984 Act and section 109 of the 1991 Act.
493.Section 114 of the Act removes the power contained in section 61 of 1984 Act and therefore requires all permissions which relate to apparatus to be sought and granted under section 109 of the 1991 Act. The repeal of subsection (8) of section 109 confirms that this may include works for road purposes which relate to apparatus.
494.Paragraphs 5 and 6(2) and (6) of the schedule make a number of other amendments to the 1984 Act and 1991 Act respectively in consequence of the repeal of section 61 of the 1984 Act.
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